on-call signing and pavement marking (construction)app.ocp.dc.gov/pdf/dcka-2017-b-0047_m.pdfcontact...

DCKA-2017-B-0047 ON CALL SIGNING AND PAVEMENT MARKING of 91

A. SOLICITATION, OFFER, AND AWARD

1. Caption Page of Pages

On-Call Signing and Pavement Marking

(Construction)

1 of 94 (plus attachments)

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Type of Market

DCKA-2017-B-0047 OCPSOL170011

X Sealed Bid (IFB)

X Open

Sealed Proposals (RFP) Set Aside

Sole Source Open with Sub-Contracting Set Aside Human Care Agreements

Emergency 7. Issued By:

District Department of Transportation

Office of Contracting and Procurement

55 M Street, SE – Suite 700

Washington, DC 20003

8. Address Offer to:

Department of Transportation


55 M Street, SE Suite 400-Bid Room


NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"

SOLICITATION

9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at 55 M Street, SE 4th Floor Bid Room,

Washington, DC 20003 until 2:00PM local time on April 18, 2018.__

CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms & conditions

contained in this solicitation.

10. For Information

Contact

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

Victory Rich, Contract Specialist

(Area Code) (Number) (Ext)

[email protected] 202 671-3494

11. Table of Contents

(X) Section Description Page No. (X) Section Description

Page No.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A Solicitation/Contract Form 1 X I Contract Clauses 46-66

X B

Contract Type, Supplies or Services and

Price/Cost 3-14

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C Specifications/Work Statement 15-26 X J List of Attachments 67-81

x D Packaging and Marking 27 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 28

X K

Representations, Certifications, and Other

Statements of Offerors 82 X F Period of Performance and Deliverables 29

X G Contract Administration 30-35 X L

Instructions, Conditions, and Notices to

Offerors 83-89

X H Special Contract Requirements 36-45 X M Evaluation Factors 90-91

OFFER

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _270___ calendar days from the date for receipt of offers specified above,

to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

13Not Applicable

14. Acknowledgement of Amendments

(The offeror acknowledges receipt of

amendments to the SOLICITATION):

Amendment Number Date Amendment Number Date

15A. Name and Address of Offeror 16. Name and Title of Person Authorized to Sign Offer/Contract

15B. Telephone 15 C. Check if remittance address

is different from above - Refer to

Section G

17. Signature 18. Offer Date

(Area Code) (Number) (Ext)

AWARD (TO BE COMPLETED BY GOVERNMENT)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Name of Contracting Officer (Type or Print) Fatima Tibbs

Phone: (202) 671-5381

23. Signature of Contracting Officer (District of

Columbia) 24. Award Date

Government of the District of Columbia Office of Contracting & Procurement


GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF TRANSPORTATION

ON-CALL SIGNING AND PAVEMENT MARKING

`

SOLICITATION: INVITATION FOR BIDS

LOCALLY-FUNDED PROJECT

INVITATION NO.: DCKA-2017-B-0047

PROJECT: ON-CALL SIGNING AND PAVEMENT MARKING


SECTION B: CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST B.1 Summary. The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the Department of Transportation (“DDOT”), is issuing this Solicitation to solicit bids from firms interested in providing construction for ON-CALL SIGNING AND PAVEMENT MARKING (the “Project”).

B.2 Type of Contract In accordance with 27 DCMR 2416.9 the Contract awarded under this Solicitation shall be unit fixed price/Indefinite Delivery Indefinite Quantity (IDIQ).

a) Delivery or performance shall be made only as authorized by task

orders issued in accordance with the Ordering Clause, reference B3

below. The Contractor shall furnish to the District, when and if

ordered, the supplies or services specified in the Schedule up to and

including the maximum value of contract award. The District will

order at least the minimum dollar value of $100,000.00. Payment

shall be based on vendor price schedule per base year.

b) There is no limit on the number of orders that may be issued. The

District may issue orders requiring delivery to multiple destinations

or performance at multiple locations for an amount not to exceed the

contract award for the base year and each option year, if exercised.

c) Any order issued during the effective period of this contract and not

completed within that period shall be completed by the Contractor

within the time specified in the order. The contract shall govern the

Contractor's and District's rights and obligations with respect to that

order to the same extent as if the order were completed during the

contract's effective period; provided that the Contractor shall not be

required to make any deliveries under this Invitation for Bid (IFB)

after contract expiration date.


B.3 PRICE SCHEDULE – FIRM FIXED PRICE/IDIQ-BASE YEAR

Base Year - Category 1 Bid Item No.

Pay Item Code DESCRIPTION Quantity Unit

Unit Price

Total Price

0001 000104 (001)

Polyethylene planters (round) 34" diameter by 27" high 25 EA $ $

0002 000104 (002)


0003 000104 (003)


0004 000104 (004)


0005 000104 (005)

Polyethylene planters (rectangular) 28"L by 16"W by 24"H 50 EA $ $

0006 000104 (006)


0007 000104 (007)


0008 000110 Green pavement paint (Ride-Away or similar product) 20,000 SF $ $

0009 108002 Mobilization 40 EA $ $

0010 607030 Planting Soil Mix 25 CY $ $

0011 612002 Maintenance of Highway Traffic 40 EA $ $

0012 612008 Remove Lane Markings 12,000 SF $ $

0013 612054 (001) Thermoplastic 4" solid line (white) 52,800 LF $ $

0014 612054 (002) Thermoplastic 4" solid line (yellow) 31,680 LF $ $

0015 612054 (003) Thermoplastic 4" transverse marking 26,400 LF $ $

0016 612056 (001)

Thermoplastic 4" dashed line (white, 2' line, 4' gap) 5,280 LF $ $

0017 612056 (002) Thermoplastic 4" dash line (yellow, 2' line, 4' gap) 2,640 LF $ $


0019 612056 (004)

Thermoplastic 4" dash line (yellow, 10' line, 20' gap) 2,640 LF $ $



0022 612060 Thermoplastic 6" dashed line (white, 2' line, 4' gap) 7,920 LF $ $

0023 612062 Thermoplastic 8" solid line (white) 1,500 LF $ $



0026 612068 8 foot letters (Thermoplastic) 250 EA $ $


0027 612070 (001)

Heat applied permanent preformed thermoplastic 4' straight arrow, installed 25 EA $ $

0028 612070 (002)


0029 612070 (003)

Heat applied permanent preformed thermoplastic 3'6" by 4'7" bike turn arrow, installed 25 EA $ $

0030 612070 (004) 8 foot single arrows (Thermoplastic) 125 EA $ $

0031 612070 (005) 8 foot double arrows (Thermoplastic) 50 EA $ $

0032 612074

Heat applied permanent preformed thermoplastic 2' by 4' bike symbol with rider and helmet, installed 25 EA $ $

0033 612076


0034 612080 28" Thermoplastic Pavement Handicap Symbol Marking 6 EA $ $

0035 612 090 (001) 4" pavement marking contrast tape 500 LF $ $


0037 612112 (001)

Heat applied permanent preformed thermoplastic 3'4" by 6'6" bike symbol with rider and helmet, installed 25 EA $ $

0038 612112 (002)

Heat applied permanent preformed thermoplastic Chevron arrow 4' wide by 42" long (for shared lane symbol), installed 100 EA $ $

0039 612112 (003)

12" by 3'7" Thermoplastic Bike Loop Detector Marking 5 EA $ $

0040 612112 (004)

4' by 7' Preformed Thermoplastic Bike Symbol with Rider on Green Background 5 EA $ $

0041 612112 (005)

4' by 7' Preformed Thermoplastic Arrow on Green Background 5 EA $ $

0042 612112 (006) 12" by 18" Yield Lines (Shark's Teeth) 100 EA $ $

0043 612112 (007)

10' High Preformed Shared Lane Symbol with Bike and Chevrons on Green Background 5 EA $ $

0044 616014 Metal Sign Posts, 2.00 Pounds per Foot 75 EA $ $

0045 616022 Traffic Sign Panels 1,200 SF $ $

0046 616036 Remove Existing Ground Mounted Sign 25 EA $ $

0047 616995 (001)

Traffic Signing Special Item - Relocate Existing Sign 200 EA $ $

0048 616995 (002)

Traffic Signing Special Item - Remove Existing Sign Post 25 EA $ $

Base Year – Sub Total $ $

Base Year - Category 2

0049 000104 (001) 6' long rubber reflective parking blocks 450 EA $ $

0050 000106 Precast Concrete Cycle Track Barrier Curb 1,760 LF $ $

0051 612078 Flexible Delineators for Bicycle Lane 750 EA $ $


0052 616995 (003) Traffic Signing Special Item - Pedestrian Pylon 25 EA $ $

Base Year – Sub Total $ $

Grand Total (Sum of Categories 1 and 2) $ $

B.3.1 PRICE SCHEDULE – FIRM FIXED PRICE/IDIQ-OPTION YEAR 1

Option Year 1 - Category 1 Bid Item No.


Unit Price

Total Price

1001 000104 (001)


1002 000104 (002)


1003 000104 (003)


1004 000104 (004)


1005 000104 (005)


1006 000104 (006)


1007 000104 (007)










1016 612056 (001) Thermoplastic 4" dashed line (white, 2' line, 4' gap) 5,280 LF $ $



1019 612056 (004)










1027 612070 (001)


1028 612070 (002)


1029 612070 (003)




1032 612074 Heat applied permanent preformed thermoplastic 2' by 4' bike symbol with rider and helmet, installed 25 EA $ $

1033 612076 Heat applied permanent preformed thermoplastic 4' by 8' bike symbol with rider and helmet, installed 350 EA $ $




1037 612112 (001)


1038 612112 (002)


1039 612112 (003)


1040 612112 (004)


1041 612112 (005)



1043 612112 (007)





1047 616995 (001)


1048 616995 (002)


Base Year - Sub Total $ $

Option Year 1 - Category 2








B.3.1.2 PRICE SCHEDULE – FIRM FIXED PRICE/IDIQ-OPTION YEAR 2



Unit Price

Total Price

2001 000104 (001)


2002 000104 (002)


2003 000104 (003)


2004 000104 (004)


2005 000104 (005)


2006 000104 (006)


2007 000104 (007)










2016 612056 (001)




2019 612056 (004)



2021 612058 Thermoplastic 6" transverse marking 13,200 LF $ $


(002)






2027 612070 (001)


2028 612070 (002)


2029 612070 (003)




2032 612074


2033 612076





2037 612112 (001)


2038 612112 (002)


2039 612112 (003)


2040 612112 (004)


2041 612112 (005)



2043 612112 (007)





2047 616995 (001)



2048 616995 (002)













Unit Price

Total Price

3001 000104 (001)


3002 000104 (002)


3003 000104 (003)


3004 000104 (004)


3005 000104 (005)


3006 000104 (006)


3007 000104 (007)










3016 612056 (001)





3019 612056 (004)









3027 612070 (001)


3028 612070 (002)


3029 612070 (003)




3032 612074


3033 612076





3037 612112 (001)


3038 612112 (002)


3039 612112 (003)


3040 612112 (004)


3041 612112 (005)



3043 612112 (007)






3047 616995 (001)


3048 616995 (002)













Unit Price

Total Price

4001 000104 (001)


4002 000104 (002)


4003 000104 (003)


4004 000104 (004)


4005 000104 (005)


4006 000104 (006)


4007 000104 (007)











4016 612056 (001)




4019 612056 (004)









4027 612070 (001)


4028 612070 (002)


4029 612070 (003)




4032 612074


4033 612076





4037 612112 (001)


4038 612112 (002)


4039 612112 (003)


4040 612112 (004)



4041 612112 (005)



4443 612112 (007)





4047 616995 (001)


4048 616995 (002)










B.4 Notice of Subcontracting Requirements For contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be subcontracted in accordance with section H.9.1. Bids responding to this IFB shall be deemed nonresponsive and shall be rejected if the bidder fails to submit a subcontracting plan that is required by law. The Subcontracting Plan form is available http://ocp.dc.gov/node/541462. B.5 MEASUREMENT

Unit measures for each bid item are specified on the bid form. All prices shall

include traffic control, pavement marking material, surface preparation, quality

control tests, daily log, guarding and safety devices, primer/adhesive, glass beads,

and all other items required in this contract or by the manufacturer to install each

product.

B.6 QUANTITIES

The quantities listed in the Bid Form are the current estimates of the District and are

no indication of any guarantee that the stated quantities will be required under this

contract. This is an IDIQ contract as defined elsewhere in this IFB.

http://ocp.dc.gov/node/541462


SECTION C: SPECIFICATIONS/WORK STATEMENT C.1 SCOPE:

The District Department of Transportation (DDOT) is seeking bids from qualified

bidders, hereinafter referred to as the Contractor, to provide construction services

for the installation of bicycle and pedestrian facilities. The main component of this

contract is the installation of five miles of bicycle lanes. Types of pavement

markings include crosswalks, words/symbols, long/dash lane lines, green paint, and

the eradication of existing pavement markings. The fabrication and installation of

supporting signs will be required on some projects.

Materials used will consist of thermoplastic pavement marking, preformed

thermoplastic pavement marking, epoxy and modified epoxy and waterborne paint

pavement markings, and preformed thermoplastic pavement marking adhesive for

asphalt and concrete roadway surfaces and each item contained in the list of

quantities in section B. Materials shall adhere to the 2013 District Department of

Transportation Standard Specifications for Highways and Structures, unless

specified other in section C.5.6. Additional Specifications.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated by this reference: Title

DDOT Standard

Specifications for Highways

and Structures (2013)

Available at http://ddot.dc.gov/page/standard-specifications-highways-and-structures

2016 DDOT Design and

Engineering Manual

Available at http://ddot.dc.gov/page/design-and-engineering-manual

2015 DDOT Standard

Drawings

Available at http://ddot.dc.gov/page/standard-drawings-2015

Manual on Uniform Traffic

Control Devices (MUTCD)

9th edition chapter 9

marking

Available at http://mutcd.fhwa.dot.gov

National Association of City

Transportation Officials

(NACTO) Urban Bikeway

Available at http://nacto.org/publication/urban-bikeway-design-guide/


Design Guide

Temporary Traffic Control

Manual

Available at https://ddot.dc.gov/page/temporary-traffic-control-manual

Utility Work Zone Traffic

Control (TCP) Typicals

Available at https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/ddot_work_zone_utility_typicals.pdf

C.3 DEFINITIONS

These terms when used in this IFB have the following meanings:

Abbreviations:

CY – Cubic Yard

EA – Each

LF – Linear foot

SF – Square foot

Channelizer – This is a term for a traffic control device that directs traffic into

certain locations. Other terms used for this device are flexible posts or traffic

pylons. They refer to a vertical post, usually constructed of plastic, with reflective

material near the top to increase visibility.

C.4 BACKGROUND

The purpose of the bike lane installations is to improve bicycling safety and

increase ridership. This has become even more important to support the operations

of the regional Capital Bike Share system. DC alone has 2,100 bikes at 266 stations,

and is continually expanding the system. DDOT Field Operations Division has

historically performed this work. However, as the city exceeds 80 miles of bike

lanes, assistance is necessary to expand and maintain this network.

C.5 BRAND NAME OR EQUAL A. If items called for by this Solicitation have been identified by a brand name

description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. “Equal” products will be considered if such products are clearly identified and are determined by the District to be equal in all material respects to the brand name products referenced in the Solicitation.

B. The Contractor must provide all descriptive material (such as cuts, illustrations,

drawings, or other information) necessary for the District to (i) determine the product


offered meets the requirements of the Contract. In making the determination as to equality of a produce the District will consider information furnished by the Contractor. The District may, but is not obligated to, also consider information reasonably available to the purchasing authority.

C.6 SUPPLEMENTARY SPECIFICATIONS

C.6.1 The work covered by this contract is divided into the following three groups:

GROUP I: MARKINGS

Furnishing and installing thermoplastic pavement markings on existing or new

pavement surface, and green paint. For existing surfaces, eradication of some

pavement markings will be required. Green paint is included on approximately half

of the projects. The paint will be applied in the bike lanes, except for where the

bicycle symbols and arrows are located. In other words, paint will be applied up to

the symbol, between the symbol and arrow, and after the arrow (see picture below).

In 2016, 13 of the 20 projects included green paint ranging between 80 and 5,340

square feet per project for an average of 722 square feet per project. See 2016

project list in section C.5.2 Work Locations.

GROUP II: SIGNING

Furnishing and installing traffic signs and posts. This will include in-street “stop for

pedestrians” pylons. Signs are required on approximately half of the projects. Work

in this category will be as follows:

• Removing existing ground mounted sign – this is for the removal of an

existing sign pole and related signs.

• Relocate existing sign – sign will be removed from an existing pole

(fastened by either bolts or banding) and relocated within 100’ of existing


sign pole. It will be then fastened (by either bolts or banding) onto a new

pole.

• Metal sign post – this is for the installation of a U-channel sign post.

GROUP III: MISCELLANEOUS TRAFFIC CONTROL DEVICES

The installation of miscellaneous traffic control devices including flexible posts,

rubber and concrete parking blocks, pre-cast concrete curbing, polyethylene

planters (round and rectangular). These items are required on approximately half of

the projects.

C.6.2 WORK LOCATIONS

The specific locations of work are not known at the time of issuance of this

solicitation. Individual assignments will be made by a written Notice to Proceed

issued by the contract administrator, as needed during the duration of the contract.

The District reserves the right to add, delete, or change the work locations, or

change the details of the marking layouts, at any time during the work period, with

at least one (1) working day prior notice to the Contractor.

For the past five (5) years (2013-2017), DDOT has averaged 18 bike lane projects

totaling 5.4 miles in length per year. The breakdown is as follows:

Year # of Projects Total Miles

2013 13 4.36

2014 23 9.65

2015 20 4.42

2016 20 5.13

2017 15 3.34

Total 91 26.9

5-Year Average 18 5.38

2016 best represents the typical projects that will be encountered. Eliminated from

this list are four bike lanes that were installed under DDOT capital improvement

projects (15th St NW, Georgia Ave NW, Hayes St NE, and Jay St NE) That leaves

5.1 miles of bike lanes divided into 20 projects. Appendix A contains the plans for

these projects.

2016 Installed

Bike Lanes

Project Name From To Street Miles

Facility Type Green Paint (square feet)

1 5th St NW Howard Pl Harvard St 0.36 Buffered Bike lane (retrofit)

80

2 6th St SW I St M St/Maine Ave 0.19 Bike Lanes 530

3 11th St NE / SE Constitution Ave NE

East Capitol St (S), North Carolina Ave SE

0.19 Bike Lane 945


4 11th St NW Monroe St Spring Rd 0.19 Contraflow 230

5 13th St SE Independence Ave/Kentucky Ave SE

Constitution Ave NE 0.28 Bike Lane 950

6 14th St SE E St Potomac Ave 0.15 Bike Lane 0

7 14th Street NW Florida Columbia 0.52 Bike Lanes 5340

8 15th St NW W St NW Euclid St NW 0.31 Two-Way CT 650

9 39th St NW Van Ness St/Wisconsin Ave

Albemarle St 0.26 Contraflow 230

10 Adams Mill Rd NW Kenyon St Klingle Rd 0.24 Bike Lanes 600

11 E St SE New Jersey Ave 6th St 0.57 Bike Lanes 400

12 F St NW 4th St 6th St 0.20 Bike Lanes 0

13 Klingle Rd NW Adams Mill Rd Klingle Rd 0.44 Cycle Track 4120

14 N St NW 14th St Vermont Ave 0.05 Contraflow 0

15 N St NW 14th St 15th St 0.14 Contraflow 0

16 N St SE South Capitol St 1st St SE 0.15 Bike Lanes 0

17 New Jersey Ave SE E St, North Carolina Ave

I St 0.28 Bike Lanes 170

18 Randolph St NE Eastern Ave/Bunker Hill Rd

24th St 0.30 Climbing lane 0

19 South Carolina Ave SE

6th St 7th St 0.13 Bike Lanes 0

20 Thomas Jefferson St NW

K St NW M St NW 0.18 Bike Lane 200

5.13 Totals 14,445

Average paint per project

722

C.6.3 MOBILIZATION

Work shall include the posting of applicable Emergency No Parking Signs 72 hours

in advance in residential areas without metered parking and at least 24 hours in

advance at metered parking spaces in commercial areas, and movement to,

placement and set-up of all personnel, equipment, materials, and appurtenances

required to perform the prescribed work at designated locations throughout the

District, as identified in each Task Order. The unit price for each mobilization also

shall include the costs associated with demobilization from and clean-up of the

jobsite, and each mobilization shall cover work prescribed within approximately

three (3) square blocks. Please note that the Contractor may be required to perform

multiple items of work at different locations within the approximate three (3) square

block boundary, but only be entitled to one (1) payment for mobilization under each

Task Order. No additional payment will be made for demobilization and re-

mobilization due to shutdowns, suspension, partial suspension, or other

interruptions in project progression.

Measurement and Payment:

The unit of measure for Mobilization will be EACH. Payment will be made at the

Contract unit price per each mobilization and shall include the costs associated with

demobilization and clean-up activities.

C.6.4 MAINTENANCE OF TRAFFIC (MOT)


This standard specification modifies 104.02 and 612

C.6.4.1 TRAFFIC FLOW RESTRICTIONS

The actual duration of construction at each work site shall be minimized to reduce

exposure to potential hazards. The contractor’s operation shall present no

interference to traffic during the peak traffic hours on 6:30 AM to 9:30 AM and

3:30 PM to 7:00 PM, Monday through Friday, except holidays.

C.6.4.2 TRAFFIC CONTROLS

The Contractor shall submit to the Engineer for approval, a traffic control plan or

may submit a typical drawing from the Manual on Uniform Traffic Control Devices

(MUTCD) that are applicable to perform the work prior to starting any construction.

The plan shall include, but not be limited to, the arrangement, size and location of

such items as appropriate warning signs, traffic cones, and arrow panels. These

traffic control devices shall conform to the most recent version of the MUTCD and

D.C. Design Standards. The Contractor shall be responsible for furnishing,

installing, maintaining and removing all required traffic control devices. All devices

shall be in new or like new condition.

Lane Closures

When closing a lane, the Contractor shall furnish, install and maintain the necessary

signs, traffic cones, and arrow panels, to affect the lane closure as outlined in

paragraph 104.02(c) of the Standard Specifications.

Traffic Control Devices

All temporary traffic control devices shall satisfy the National Cooperative

Highway Research Program (NCHRP) Report No. 350 testing requirements. The

Contractor shall provide written documentation to the Engineer reporting test

results.

Approved warning signs, traffic cones, arrow panels, etc. shall be provided to

ensure motorists positive guidance in advance of and through the work zone.

Erection of regulatory signs such as stop, speed limit and no parking signs must be

specifically authorized. Advance Warning signs shall be 48” x 48” in size and the

face sheeting shall be Fluorescent Orange High Performance Wide Angle Retro

reflective material or equal. Roll-up signs are approved, but they also must be 48” x

48” in size and of the same Orange Fluorescent material. Note: Mesh roll-up signs

are not approved.

Sign supports shall be a spring loaded type or equivalent. Tripod or A-frame sign

stands are not approved. The temporary signs and markings placed in or adjacent to

the work zone shall be consistent and visible at all times. The existing signs and

markings may be covered and/or removed temporarily if the intended functions of


these signs and markings will not be applicable during construction. All temporary

signs no longer applicable to the work zone shall be removed or turned away from

traffic.

The Contractor shall ensure the installation of signs on each approach to the work

zone advising motorists that fines double in work zones in the District of Columbia.

The unit price for each MOT shall include the costs associated with work prescribed

within approximately three (3) blocks. Please note that the Contractor may be

required to maintain traffic and provide control devices at different locations within

the approximate three (3) block boundary, but only be entitled to one (1) payment

for MOT under each Task Order. No additional payment will be made for MOT

due to shutdowns, suspension, partial suspension, or other interruptions in project

progression.

Measure and Payment

The unit of measure for Maintenance of Traffic will be EACH. Payment will be

made at the Contract unit price per each Maintenance of Traffic and shall include

the costs associated with installing and removing the traffic control devices.”

C.6.4.3 Traffic Safety Officer

The Contractor shall have a competent Traffic Safety Officer in accordance with the

requirements of the DDOT Standard Specifications for Highways and Structures

section 612.02(B)(1).

C.6.5 CONSTRUCTION MANAGEMENT (CM)

A construction manager shall be appointed to manage and oversee the

implementation of all projects.

C.6.6 NOTICE TO PROCEED

A Notice to Proceed will be issued by the Contract Administrator (CA) for each job

location. The Contractor will be provided with final engineering drawings prior to

starting work. Upon receipt of the Notice to Proceed for each assignment, the

contractor shall commence the work in a period not to exceed ten (10) working

days. This time shall be allocated to allow the contractor to secure necessary

materials and post emergency no parking signs. Formal approval of a site specific

Maintenance of Traffic plan shall also occur within this time period. Depending

upon the complexity of the work to be performed, the contractor shall be required to

complete all work within (5) to fifteen (15) working days following the start date.

Sketches, drawings, notes, and other written information or verbal instructions

provided by the CA to the Contractor shall have the same status as plans.

C.6.7 DAILY LOG


The Contractor shall maintain a daily log (form to be approved by the CA) for all

work done under this contract. Entries in the log shall be made in ink, shall be

legible, and the log shall be signed by the Contractor and delivered to the CA upon

completion of each project. Final approval of work will not be made and invoices

will not be paid until receipt of the daily log for each job.

C.6.8 COMPLETION OF PROJECTS

Once engaged, the Contractor shall complete each project without interruption or

reduction in crew size. Invoices will not be accepted for a project until it is

completed and approved by the CA. Failure to meet this requirement will result in

action by the District to hold the Contractor in default.

The contractor shall adhere to DDOT standards for temporary traffic control during

the installation of the pavement markings and signs. As necessary, the Contractor

shall be responsible for obtaining emergency no parking signs and posting those

prior to the commencement of work.

C.6.9 ADDITIONAL SPECIFICATIONS

The Contractor shall perform all work in accordance with the Standard Contract

Provisions (SCP) as modified in this Contract. Supplementations or modifications

to, or substitutions for, SCP provisions applicable to individual Contract Line Item

Numbers (CLINs) are set forth in this Section C and elsewhere in the invitation for

bids. If no supplementation, modification or substitution is stated in this Section or

elsewhere in the IFB for a CLIN, Contractor will perform that CLIN in accordance

with the applicable SCP provision identified in the Item Description for the CLIN

and any other applicable terms of the Contract.

Refer to DDOT Standard Specifications for Highways and Structures (2013), except

for the following special items.

C.6.9.1 SURFACE MOUNT FLEXIBLE POST Bid Item No. 0051

GENERAL

Work includes furnishing and installing Surface Mount Flexible Posts on heavy

duty base at locations as directed by DDOT.

MATERIALS

Davidson FG 300 UR surface mount channelizer posts or approved equivalent. The

product shall be manufactured from a durable polyurethane polymer that provides

very high tensile and elongation properties with superior resistance to tearing and

puncture. Minimum requirements include:

• UR grade

• 28” high

• Post color – white

• 3M high intensity grade reflective sheeting


• 1.5 lb heavy duty base or invisible flush mount base, as directed by the

Engineer

• Conforms to MUTCD & NCHRP 350 standards

MEASURE & PAYMENT

The unit of measure for Surface Mount Flexible Post shall be each flexible post

installed. Payment for Surface Mount Flexible Post will be made per contract unit

price per Each which payment includes all labor, equipment, material and

incidentals necessary for installation of flexible post.

C.6.9.2 RUBBER PARKING BLOCKS Bid Item No. 0049

GENERAL

Work includes furnishing and installing Rubber Parking Blocks at locations as

directed by the Engineer.

MATERIALS

The parking blocks must be black, 6’ long x 6” wide x 4” high, 40 lbs., constructed

of recycled rubber, and have high visibility white reflective strips. Each parking

block will be mounted with four 5/8” by 8” concrete anchors.

MEASURE & PAYMENT

The unit of measure for Rubber Parking Blocks shall be each block installed.

Payment for Rubber Parking Blocks will be made per contract unit price per Each

which payment includes all labor, equipment, material and incidentals necessary for

installation of Rubber Parking Blocks.

C.6.9.3 POLYETHYLENE PLANTERS (ROUND) Bid Item No. 0001-0004

GENERAL

Work includes furnishing and installing Polyethylene Planters (Round) at locations

as directed by the Engineer. The planters will be installed in buffer zones between

the bike lane and parking and/or travel lanes. The buffer zones are three to four feet

wide. Each project must contain uniform products; however, four round planter

dimensions are specified for flexibility in deployment. Those dimensions are (1)

34” Diameter (D) x 27” H; (2) 26” D x 26” H; (3) 34” D x 34” H; and (4) 21” D x

16” H.

MATERIALS

Thickness of polyethylene used on planters should be about one quarter (1/4”) inch.

All polyethylene planters must have high strength and durability to handle the full

weight of soil when completely filled to the top, and maintain its shape under that


weight when being moved during installation and placement. Planters must also be

able to withstand extreme temperature changes in an outdoor environment.

Drainage holes are required on all planters and must be included in unit cost.

Shipping and handling cost should be factored into unit cost and delivery vehicles

must have lift gates to offload the planters.

MEASURE & PAYMENT

The unit of measure for Polyethylene Planters (Round) shall be each planter

installed. Payment for Polyethylene Planters (Round) will be made per contract unit

price per Each which payment includes all labor, equipment, material and

incidentals necessary for installation of Polyethylene Planters (Round).

C.6.9.4 POLYETHYLENE PLANTERS (RECTANGULAR) Bid Item No. 0005-0007

GENERAL

Work includes furnishing and installing Polyethylene Planters (Rectangular) at

locations as directed by the Engineer. The planters will be installed in buffer zones

between the bike lane and parking and/or travel lanes. The buffer zones are three to

four feet wide. Each project must contain uniform products; however, three

rectangular planter dimensions are specified for flexibility in deployment. Those

dimensions are (1) 28” L x 16” W x 24” H; (2) 36” L x 16” W x 20” H; and (3) 48”

L x 20” W x 26” H.

MATERIALS

Thickness of polyethylene used on planters should be about one quarter (1/4”) inch.

All polyethylene planters must have high strength and durability to handle the full

weight of soil when completely filled to the top, and maintain its shape under that

weight when being moved during installation and placement. Planters must also be

able to withstand extreme temperature changes in an outdoor environment.

Drainage holes are required on all planters and must be included in unit cost.

Shipping and handling cost should be factored into unit cost and delivery vehicles

must have lift gates to offload the planters.

MEASURE & PAYMENT

The unit of measure for Polyethylene Planters (Rectangular) shall be each planter

installed. Payment for Polyethylene Planters (Rectangular) will be made per

contract unit price per Each which payment includes all labor, equipment, material

and incidentals necessary for installation of Polyethylene Planters (Rectangular).


C.6.9.5 PRECAST CONCRETE CYCLE TRACK BARRIER CURB Bid Item No.

0050

GENERAL

Work consists of the manufacture and construction of Precast Concrete Cycle Track

Barrier Curb in accordance with these specifications at locations as directed by the

Engineer.

Construction shall include the assembly and erection of all component parts and

furnishing all materials complete in place. See Detail below: Precast Concrete

Cycle Track Barrier Curb.

MATERIALS

General – All materials used will be of good quality and will be subject to both

appropriate Quality Control inspection by the manufacturer, and Quality Assurance

inspection by the DDOT or designated representative. Any materials that do not

meet DDOT standards will be rejected.

Concrete – Concrete shall be of uniform quality and conform to the DDOT

Standard Specifications and the mix designs as submitted for review and approval.

MEASURE & PAYMENT

Payment for PRECAST CONCRETE CYCLE TRACK BARRIER CURB shall be

the linear foot, complete and in-place. Any excess barrier curb left-over from saw

cutting units to length in the field shall not be measured.

Payment for PRECAST CONCRETE CYCLE TRACK BARRIER CURB made at

the contract unit price per lineal foot, complete and in-place, which payment will

include all labor, equipment, tools, materials, and incidentals necessary to complete

the work as specified herein.


SECTION D: PACKAGING AND MARKING D.1 The packaging and marking requirements for this contract shall be governed by

clause number (2), Shipping Instructions-Consignment, of the Government of the

District of Columbia's Standard Contract Provisions for use with Supplies and

Services Contracts, dated July 2010. (Attachment J.1)


SECTION E: INSPECTION AND ACCEPTANCE E.1 The inspection and acceptance requirements for this contract shall be governed by

clause number five (5) Inspection of Supplies and clause number six (6), Inspection

of Services of the Government of the District of Columbia's Standard Contract

Provisions for use with Supplies and Services Contracts, dated July 2010.

(Attachment J.1)


SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of 365 days from date of award

specified on the cover page of this IFB with the option to extend the term of this

task order as discussed below.

F.2 PERIOD OF PERFORMANCE This paragraph supplements and modifies Standard Specification Section 108.09, “

Substantial Completion and Final Acceptance. F.3 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.3.1 The District may extend the term of this contract for a period of four (4 ) one-year

option periods, or successive fractions thereof, by written notice to the Contractor

before the expiration of the contract; provided that the District will give the

Contractor preliminary written notice of its intent to extend at least thirty (30) days

before the contract expires. The preliminary notice does not commit the District to

an extension. The exercise of this option is subject to the availability of funds at the

time of the exercise of this option. The Contractor may waive the thirty (30) day

preliminary notice requirement by providing a written waiver to the Contracting

Officer prior to expiration of the contract.

F.3.2 If the District exercises this option, the extended contract shall be considered to

include this option provision.

F.3.3 The price for the option period(s) shall be as specified in the Section B of the

contract.

F.3.4 The total duration of this contract, including the exercise of any options under this

clause, shall not exceed five (5) years.

F.4 DELIVERABLES A. The Contractor shall perform the activities required to successfully complete the

District’s requirements. B. The Contractor shall submit to the District, as a deliverable, all reports required by

First Source Employment Agreement (see H.5.E). If the Contractor does not submit the report as part of the deliverables, the District shall not make final payment to the Contractor pursuant to section G.3.B.


SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT Standard Specifications Section 103.01 Article 9, “Payments to Contractor,” is modified and supplemented as follows: On a monthly basis, the Contractor shall submit an invoice, prepared in accordance with the Price/Cost Schedule, for completed work. District will make payments to the Contractor for work satisfactorily performed and accepted, less any discounts, allowances or adjustments provided for in this Contract. The District will pay the Contractor on or before the 30th day after approval of an invoice for payment.

A. Monthly Invoices. Payment will be made on completion and acceptance of each item for which the price is stated in the Price Schedule attached to this Contract.

B. Retainage. 1. The amount of retainage will not exceed 5% of the partial payment up to a

maximum retainage amount of 50% of the Total Contract Cost unless the Contractor has been notified in writing of its failure to meet Contract requirements. If the Contractor has been so notified, the Contracting Officer may withhold retainage up to 10% of the partial payment.

2. For Task Orders issued under an IDIQ contract, the Contracting Officer will release all retainage for a task order once all work under the task order has been performed and Final Acceptance has been achieved.

G.2 INVOICE SUBMITTAL

A. The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in Section G.1. Invoices shall be prepared in duplicate and submitted via U.S. mail, or hand delivered, to:

DDOT Customer Service DDOT Front Desk 55 M Street SE, 4th Floor


Envelopes must be clearly marked “invoice” and include the name of the CA. B. To constitute a proper invoice, the Contractor shall submit the following information

on the invoice: 1. Contractor’s name, federal tax ID and invoice date (date invoices as of the date of

mailing or transmittal); 2. Contract number and invoice number;


3. Description, price, quantity and the date(s) that the supplies or services were delivered or performed;

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;

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 in G.2.2.6 above) to be notified in the event of a defective invoice; and

8. Authorized signature.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

A. For contracts subject to the 51% District Residents New Hires Requirements and First Source Employment Agreement requirements, final request for payment must be accompanied by the report or a waiver of compliance discussed in section H.5.5.

B. The District shall not make final payment to the Contractor until the agency CFO has

received the CO’s final determination or approval of waiver of the Contractor’s compliance with 51% District Residents New Hires Requirements and First Source Employment Agreement requirements

G.4 ASSIGNMENT OF CONTRACT PAYMENTS A. In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust

company, or other financing institution funds due or to become due as a result of the performance of this contract.

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 contract payments, 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).”

G.5 PAYMENT

Quantities for payment shall be determined by measuring the area of the completed

work and calculating the quantities. Payment shall then be calculated at the contract

unit price. No measurement shall be made if DDOT is not notified in advance of

Contractor’s activities.


Upon final inspection and approval of the markings by the CA, the Contractor may

submit an invoice. The invoice shall include the date the invoice is submitted, work

order number, purchase order number, date the work was completed, and quantities

per CLIN. The daily work logs detailing all work performed covered by the invoice

must be submitted with the invoice. Invoices may not be submitted prior to final

approval of the markings by the CA, and if submitted will not be accepted and paid

without prior approval of the CA. Invoices must be submitted to the CA by mail or

as a PDF attachment to an email.

In the event the CA finds the materials or the finished product in which the

materials are used or the work performed are not in conformity with the

specifications and details and have resulted in an inferior or unsatisfactory product,

the work or materials shall be removed or otherwise corrected by and at the expense

of the Contractor.

G.6 THE QUICK PAYMENT CLAUSE A. Interest Penalties to Contractors

1. The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code § 2-221.01 et seq., for the period beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculated at the rate of 1% per month. No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made on or before: a) the 3rd day after the required payment date for meat or a meat product; b) the 5th day after the required payment date for an agricultural commodity; or c) the 15th day after the required payment date for any other item.

2. Any amount of an interest penalty which remains unpaid at the end of any 30-day

period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount.

B. Payments to Subcontractors Standard Specification Section 109.06, “Payment to Subcontractors and Suppliers Certificate,” is modified and supplemented as follows:

1. The Contractor must take one of the following actions within seven (7) days of receipt of any amount paid to the Contractor by the District for work performed by any subcontractor under this contract:


a. Pay the subcontractor for the proportionate share of the total payment received from the District that is attributable to the subcontractor for work performed under the contract; or

b. Notify the District and the subcontractor, in writing, of the Contractor’s intention to withhold all or part of the subcontractor’s payment and state the reason for the nonpayment.

2. The Contractor must pay any subcontractor or supplier interest penalties on

amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before:

a. the 3rd day after the required payment date for meat or a meat product; b. the 5th day after the required payment date for an agricultural commodity; or c. the 15th day after the required payment date for any other item.

3. Any amount of an interest penalty which remains unpaid by the Contractor at the

end of any 30-day period shall be added to the principal amount of the debt to the subcontractor and thereafter interest penalties shall accrue on the added amount.

4. A dispute between the Contractor and subcontractor relating to the amounts or

entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District of Columbia is a party. The District of Columbia may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

C. Subcontracting requirements The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2-221.02(d). G.7 CONTRACTING OFFICER (CO)

Contracts will be entered into and signed on behalf of the District only by contracting officers. The contact information for the Contracting Officer is:

Fatmata “Fatima” Tibbs, Deputy Chief Contracting Officer


55 M Street, SE. 7th Floor



Telephone: 202-741-5381

E-mail address: [email protected]

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

A. The CO is the only person authorized to approve changes in 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 CO.

C. In the event the Contractor effects any change at the instruction or request of any

person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.9 CONTRACT ADMINSTRATOR (CA) A. The CA is responsible for general administration of the contract and advising the CO as

to the Contractor’s compliance or noncompliance with the contract. The CA has the responsibility of ensuring the work conforms to the requirements of the contract and such other responsibilities and authorities as may be specified in the contract. These include:

1. Keeping the CO fully informed of any technical or contractual difficulties

encountered during the performance period and advising the CO of any potential problem areas under the contract;

2. Coordinating site entry for Contractor personnel, if applicable; 3. Reviewing invoices for completed work and recommending approval by the CO if

the Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

4. Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions; and

5. Maintaining a file that includes all contract correspondence, modifications, records of inspections (site, data, and equipment) and invoice or vouchers.

B. The address and telephone number of the CA will be determined at the time of award.

C. The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO

shall make contractual agreements, commitments or modifications;

mailto:[email protected]


2. Grant deviations from or waive any of the terms and conditions of the contract; 3. Increase the dollar limit of the contract or authorize work beyond the dollar limit

of the contract, 4. Authorize the expenditure of funds by the Contractor; 5. Change the period of performance; or 6. Authorize the use of District property, except as specified under the contract.

D. The Contractor will be fully responsible for any changes not authorized in advance, in

writing, by the CO; may be denied compensation or other relief for any additional work performed that is not so authorized; and may also be required, at no additional cost to the District, to take all corrective action necessitated by reason of the unauthorized changes.

G.10 Final Payment A. The District will not be obligated to issue final payment unless the Contractor has, in addition to the conditions stated in paragraph G.3, First Source Agreement – Request for Final Payment:

1. furnished to the Contracting Officer a release of claims against the District relating to this Contract and proof of payment of all subcontractors; and

2. submitted all required product warranties, as-built drawings, operating manuals, and other items as specified in the Contract.

B. The Contractor may reserve from the release specific claims against the District, as

described in 27 DCMR 3803, only if such claims are explicitly identified with stated claim amounts. All release forms must bear the original signature of the signer and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.


SECTION H: SPECIAL CONTRACT REQUIREMENTS H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

A. For all new employment resulting from this contract or subcontracts hereto, as

defined in Mayor’s Order 83-265 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:

1. 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.

B. The Contractor shall negotiate an Employment Agreement with the Department of

Employment Services (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.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS Section 103.02(A) of the Standard Specifications is modified and supplemented as follows:

In accordance with applicable provisions of 29 CFR Part 1 which require that the correct wage determination and the appropriate wage rates therein be incorporated into this contract. General Wage Decision No. DC180001 02/09/2018 DC1 is bound herein and contains the specific applicable wage rate(s) which is: U.S. Department of Labor Wage Determination 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, notice of which are published on the US Department of Labor website, are made a part of this Contract. The Contractor will be reimbursed this added labor cost. H.3 PREGNANT WORKERS FAIRNESS

The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C. Official Code § 32-1231.01 et seq. A. The Contractor shall not:

1. Refuse to make reasonable accommodations to the known limitations related to

pregnancy, childbirth, related medical conditions, or breastfeeding for an


employee, unless the Contractor can demonstrate that the accommodation would impose an undue hardship;

2. Take an adverse action against an employee who requests or uses a reasonable

accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:

a. Pay; b. Accumulated seniority and retirement; c. Benefits; and d. Other applicable service credits;

3. Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;

4. Require an employee affected by pregnancy, childbirth, related medical

conditions, or breastfeeding to accept an accommodation that the employee chooses not to accept if the employee does not have a known limitation related to pregnancy, childbirth, related medical conditions, or breastfeeding or the accommodation is not necessary for the employee to perform her duties;

5. Require an employee to take leave if a reasonable accommodation can be

provided; or 6. Take adverse action against an employee who has been absent from work as a

result of a pregnancy-related condition, including a pre-birth complication.

B. The Contractor shall post and maintain in a conspicuous place a notice of rights in both English and Spanish and provide written notice of an employee's right to a needed reasonable accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act to:

1. New employees at the commencement of employment; 2. Existing employees; and 3. An employee who notifies the employer of her pregnancy, or other condition

covered by the PPWF Act, within 10 days of the notification.

C. The Contractor shall provide an accurate written translation of the notice of rights to any non-English or non-Spanish speaking employee.


D. Violations of the PPWF Act shall be subject to civil penalties as described in the Act. H.4 UNEMPLOYED ANTI-DISCRIMINATION A. The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012,

D.C. Official Code § 32-1361 et seq.

B. The Contractor shall not: 1. Fail or refuse to consider for employment, or fail or refuse to hire, an individual as

an employee because of the individual's status as unemployed; or 2. Publish, in print, on the Internet, or in any other medium, an advertisement or

announcement for any vacancy in a job for employment that includes: a. Any provision stating or indicating that an individual's status as unemployed

disqualifies the individual for the job; or b. Any provision stating or indicating that an employment agency will not

consider or hire an individual for employment based on that individual's status as unemployed.

C. Violations of the Unemployed Anti-Discrimination Act shall be subject to civil

penalties as described in the Act. H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE

EMPLOYMENT AGREEMENT A. The Contractor shall comply with the First Source Employment Agreement Act of

1984, as amended, D.C. Official Code § 2-219.01 et seq. (First Source Act). B. The Contractor shall enter into and maintain during the term of the contract, a First

Source Employment Agreement (Employment Agreement) with the District of Columbia Department of Employment Services (DOES), in which the Contractor shall agree that:

1. The first source for finding employees to fill all jobs created in order to perform

the contract shall be the First Source Register; and 2. The first source for finding employees to fill any vacancy occurring in all jobs

covered by the Employment Agreement shall be the First Source Register.

C. The Contractor shall not begin performance of the contract until its Employment Agreement has been accepted by DOES. Once approved, the Employment Agreement shall not be amended except with the approval of DOES.


D. The Contractor agrees that at least 51% of the new employees hired to perform the contract shall be District residents.

E. The Contractor’s hiring and reporting requirements under the First Source Act and

any rules promulgated thereunder shall continue for the term of the contract. F. The CO may impose penalties, including monetary fines of 5% of the total amount of

the direct and indirect labor costs of the contract, for a willful breach of the Employment Agreement, failure to submit the required hiring compliance reports, or deliberate submission of falsified data.

G. If the Contractor does not receive a good faith waiver, the CO may also impose an

additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the contract for each percentage by which the Contractor fails to meet its hiring requirements.

H. Any contractor which violates, more than once within a 10-year timeframe, the hiring

or reporting requirements of the First Source Act shall be referred for debarment for not more than five (5) years.

I. The contractor may appeal any decision of the CO pursuant to this clause to the D.C.

Contract Appeals Board as provided in the Disputes clause in this Contract. J. The provisions of the First Source Act do not apply to nonprofit organizations which

employ 50 employees or less. H.6 Way to Work Amendment Act of 2006 A. Except as described in section (h) of this clause, the Contractor shall comply with Title I

of the Way to Work Amendment Act of 2006, D.C. Law 16-118, D.C. Official Code §2-220.01 et seq. ("Living Wage Act of 2006"), for contracts in the amount of $100,000 or more in a 12-month period.

B. The Contractor shall pay its employees and subcontractors who perform services

under the contract no less than the current living wage published on the OCP website at www.ocp.dc.gov.

C. The Contractor shall include in any subcontract for $15,000 or more a provision

requiring the subcontractor to pay its employees who perform services under the contract no less than the current living wage rate.

D. The DOES may adjust the living wage annually and the OCP will publish the current

living wage rate on its website at www.ocp.dc.gov.

http://www.ocp.dc.gov/

http://www.ocp.dc.gov/


E. The Contractor shall provide a copy of the Fact Sheet attached to the contract to each

employee and subcontractor who performs services under the contract. The Contractor shall also post the Notice attached to the contract in a conspicuous place in its place of business. The Contractor shall include in any subcontract for $15,000 or more a provision requiring the subcontractor to post the Notice in a conspicuous place in its place of business.

F. The Contractor shall maintain its payroll records under the contract in the regular

course of business for a period of at least three (3) years from the payroll date, and shall include this requirement in its subcontracts for $15,000 or more under the contract.

G. The payment of wages required under the Living Wage Act of 2006 shall be consistent

with and subject to the provisions of D.C. Official Code §32-1301 et seq. H. The requirements of the Living Wage Act of 2006 do not apply to:

1. Contracts or other agreements that are subject to higher wage level determinations required by federal law;

2. Existing and future collective bargaining agreements, provided, that the future collective bargaining agreement results in the employee being paid no less than the established living wage;

3. Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility;

4. Contracts for services needed immediately to prevent or respond to a disaster or eminent threat to public health or safety declared by the Mayor;

5. Contracts or other agreements that provide trainees with additional services including, but not limited to, case management and job readiness services; provided that the trainees do not replace employees subject to the Living Wage Act of2006;

6. An employee under 22 years of age employed during a school vacation period, or enrolled as a full-time student, as defined by the respective institution, who is in high school or at an accredited institution of higher education and who works less than 25 hours per week; provided that he or she does not replace employees subject to the Living Wage Act of2006;

7. Tenants or retail establishments that occupy property constructed or improved by

receipt of government assistance from the District of Columbia; provided, that the tenant or retail establishment did not receive direct government assistance from the District;

8. Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation exemption pursuant to section 501(c)(3) of the Internal


Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));

9. Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a community residence facility, or a group home for mentally retarded persons as those terms are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code§ 44-501); and

10. Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

I. The Mayor may exempt a contractor from the requirements of the Living Wage Act of

2006, subject to the approval of Council, in accordance with the provisions of Section 109 of the Living Wage Act of 2006.

H.7 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 programs and activities. See 29 U.S.C. § 794 et seq.

H.8 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) During the performance of this 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.9 SUBCONTRACTING REQUIREMENTS A. Mandatory Subcontracting Requirements

1. For all contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises (SBEs).

2. If there are insufficient SBEs to completely fulfill the requirement of paragraph

H.9.A.1, the Contractor may satisfy the requirement by subcontracting 35% of the dollar volume to any qualified certified business enterprises (CBEs); provided, however, that all reasonable efforts shall be made to ensure that SBEs are significant participants in the overall subcontracting work.


3. A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business enterprise shall not be required to comply with the provisions of sections H.9.A.1 and H.9.A.2.

4. Except as provided in H.9.A.5 and H.9.A.7, a prime contractor that is a CBE and has

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

5. If the prime contractor is a certified joint venture that has been granted a bid

preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the CBE member(s) of the certified joint venture shall perform at least 50% of the contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. If the CBE member(s) of the certified joint venture prime contractor that performs less than 50% of the contracting effort, the certified joint ventureshall be subject to enforcement actions under D.C. Official Code § 2-218.63.

6. Each CBE utilized to meet these subcontracting requirements shall perform at least

35% of its contracting effort with its own organization and resources. 7. A prime contractor that is a CBE and has been granted a bid preference pursuant

to D.C. Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least 50% of the on-site work with its own organization and resources if the contract is $1 million or less.

B. Subcontracting Plan If the prime contractor is required to subcontract under this contract, it shall submit a subcontracting plan as part of the bid and it may only be amended after award with the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar volume of the subcontracted portion resulting from an amendment of the plan after award shall inure to the benefit of the District. Each subcontracting plan shall include the following:

1. The name and address of each subcontractor; 2. A current certification number of the small or certified business enterprise; 3. The scope of work to be performed by each subcontractor; and


4. The price that the prime contractor will pay each subcontractor.

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

Auditor DSLB

Office of the District of Columbia Auditor

717 14th Street, NW, Suite 900


Director - DSLBD

441 4th Street, NW, Suite 850 North


D. Subcontracting Plan Compliance Reporting

1. The Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor and the Director of DSLBD. The quarterly report shall include the following information for each subcontract identified in the subcontracting plan:

a. The price that the prime contractor will pay each subcontractor under the

subcontract; b. A description of the goods procured or the services subcontracted for; c. The amount paid by the prime contractor under the subcontract; and d. A copy of the fully executed subcontract, if it was not provided with an earlier

quarterly report.

2. If the fully executed subcontract is not provided with the quarterly report, the prime contractor will not receive credit toward its subcontracting requirements for that subcontract.

E. Annual Meetings

Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide an update on its subcontracting plan. F. Notices The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor upon commencement of the Contract and when the Contract is completed. G. Enforcement and Penalties for Breach of Subcontracting Plan


1. A contractor shall be deemed to have breached a subcontracting plan required by

law, if the contractor (i) fails to submit subcontracting plan monitoring or compliance reports or other required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or compliance report or other required subcontracting information containing a materially false statement; or (iii) fails to meet its subcontracting requirements.

2. A contractor that is found to have breached its subcontracting plan for utilization of CBEs in the performance of a contract shall be subject to the imposition of penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.

3. If the CO determines the Contractor’s failure to be a material breach of the contract, the CO shall have cause to terminate the contract under the default provisions in Clause 8 of the Standard Contract Provisions for Supplies and Services, which is incorporated into the Contract by reference.

H.10 FAIR CRIMINAL RECORD SCREENING A. The Contractor shall comply with the provisions of the Fair Criminal Record Screening

Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (“Act” as used in this section). This section applies to any employment, including employment on a temporary or contractual basis, where the physical location of the employment is in whole or substantial part within the District of Columbia.

B. Prior to making a conditional offer of employment, the Contractor shall not require an

applicant for employment, or a person who has requested consideration for employment by the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending or did not result in a criminal conviction.

C. After making a conditional offer of employment, the Contractor may require an

applicant to disclose or reveal a criminal conviction. D. The Contractor may only withdraw a conditional offer of employment, or take adverse

action against an applicant, for a legitimate business reason as described in the Act. E. This section and the provisions of the Act shall not apply:

1. Where a federal or District law or regulation requires the consideration of an

applicant’s criminal history for the purposes of employment; 2. To a position designated by the employer as part of a federal or District

government program or obligation that is designed to encourage the employment of those with criminal histories;

3. To any facility or employer that provides programs, services, or direct care to, children, youth, or vulnerable adults; or


4. To employers that employ less than 11 employees.

F. A person claiming to be aggrieved by a violation of the Act may file an administrative complaint with the District of Columbia Office of Human Rights, and the Commission on Human Rights may impose monetary penalties against the Contractor.


SECTION I: CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS Except to the extent supplemented, modified or superseded by the terms of this Contract, Standard Specifications for Highways and Structures (2013) (“Standard Specifications”) applies to this Contract. The Standard Specifications may be found at: http://ddot.dc.gov/page/standard-specifications-highways-and-structures.

I.2 CONTRACTS THAT CROSS FISCAL YEARS Continuation of this contract beyond the current fiscal year is contingent upon future fiscal appropriations. I.3 CONFIDENTIALITY OF INFORMATION The Contractor shall keep all information relating to any employee or customer of the District in absolute confidence and shall not use the information in connection with any other matters; nor shall it disclose any such information to any other person, firm or corporation, in accordance with the District and Federal laws governing the confidentiality of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless otherwise stated herein. I.5 RIGHTS IN DATA A. Definitions

1. “Products” - A deliverable under any contract that may include commodities,

services and/or technology furnished by or through Contractor, including existing and custom Products, such as, but not limited to: a) recorded information, regardless of form or the media on which it may be recorded; b) document research; c) experimental, developmental, or engineering work; d) licensed software; e) components of the hardware environment; f) printed materials (including but not limited to training manuals, system and user documentation, reports, drawings); g) third party software; h) modifications, customizations, custom programs, program listings, programming tools, data, modules, components; and i) any intellectual property embodied therein, whether in tangible or intangible form, including but not limited to utilities, interfaces, templates, subroutines, algorithms, formulas, source code, and object code.

http://ddot.dc.gov/page/standard-specifications-highways-and-structures


2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior to the commencement of work under the contract. Existing Products must be identified on the Product prior to commencement of work or else will be presumed to be Custom Products.

3. “Custom Products” - Products, preliminary, final or otherwise, which are created or developed by Contractor, its subcontractors, partners, employees, resellers or agents for the District under the contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services detailed in the contract. The District shall have ownership and rights for the duration set forth in the contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not

embedded in, delivered or operating in conjunction with hardware or Custom Products, shall remain with Contractor or third party proprietary owner, who retains all rights, title and interest (including patent, trademark or copyrights). Effective upon payment, the District shall be granted an irrevocable, non-exclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, adapt (unless Contractor advises the District as part of Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor demonstrates such to the District’s satisfaction), and distribute Existing Product to District users up to the license capacity stated in the contract with all license rights necessary to fully effect the general business purpose of the project or work plan or contract. Licenses shall be granted in the name of the District. The District agrees to reproduce the copyright notice and any other legend of ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor shall convey, assign,

and transfer to the District the sole and exclusive rights, title and interest in Custom Products, whether preliminary, final or otherwise, including all patent, trademark, and copyrights. Contractor hereby agrees to take all necessary and appropriate steps to ensure that the Custom Products are protected against unauthorized copying, reproduction and marketing by or through Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder to another District agency. Nothing herein shall preclude the Contractor from otherwise using the related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under a project or work plan in the course of Contractor’s business.


D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor under the contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without alteration, and no other clause shall be used to enlarge or diminish the District’s or the Contractor’s rights in that subcontractor data or computer software which is required for the District. E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in

section B.2, the Contractor shall furnish to the District, a copy of the source code with such rights of the scope as specified in section B.2 of this clause. For all computer software furnished to the District with the restricted rights specified in section B.1 of this clause, the District, if the Contractor either directly or through a successor or affiliate shall cease to provide the maintenance or warranty services provided the District under the contract or any paid-up maintenance agreement, or if the Contractor should be declared insolvent by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single copy of the current version of the source code supplied under the contract, and a single copy of the documentation associated therewith, upon payment to the person in control of the source code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the

District with the rights specified in section B.1 of this clause offers the source code or source code escrow to any other commercial customers, the Contractor shall either: (1) provide the District with the source code for the Product; (2) place the source code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the District, and who shall be directed to release the deposited source code in accordance with a standard escrow arrangement acceptable to the District; or (3) will certify to the District that the Product manufacturer/ developer has named the District as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the District, and who shall be directed to release the deposited source code in accordance with the terms of escrow.

3. The Contractor shall update the source code, as well as any corrections or

enhancements to the source code, for each new release of the Product in the same manner as provided above, and certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability


The Contractor shall indemnify and save and hold harmless the District, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data furnished under this contract, or (ii) based upon any data furnished under this contract, or based upon libelous or other unlawful matter contained in such data. I.6 COORDINATION WITH OTHERS This special provision (SP) supplements Standard Specifications Section 103.01. Article 18, Other Contracts. 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. The Contractor on notice that other contracts that are associated with this project or of different scope have been, will be, or may be released or let for work in the vicinity of the project area. I.7 SUBCONTRACTS The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any subcontractor without the prior written consent of the CO. 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. I.8 PUBLICITY The Contractor shall at all times obtain the prior written approval from the CO before the Contractor, any of its officers, agents, employees or subcontractors, either during or after expiration or termination of the contract, 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. I.9 FREEDOM OF INFORMATION ACT The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (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 CA who will provide the request to the Freedom of Information Act (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 CA will forward a copy to the Contractor. In either event, the Contractor is required by law to provide all responsive records to the CA within the timeframe designated by the CA. The FOIA Officer for the agency with programmatic responsibility will determine whether the records are releasable. 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. I.10 INSURANCE A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and

maintain, during the entire period of performance under this contract, the types of insurance specified below. The Contractor shall have its insurance broker or insurance company submit a Certificate of Insurance to the CO giving evidence of the required coverage prior to commencing performance under this contract. In no event shall any work be performed until the required Certificates of Insurance signed by an authorized representative of the insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written with financially responsible companies authorized to do business in the District of Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- / VII or higher. The Contractor shall require all of its subcontractors to carry the same insurance required herein.

All required policies shall contain a waiver of subrogation provision in favor or the Government of the District of Columbia. The Government of the District of Columbia shall be included in all policies required hereunder to be maintained by the Contractor and its subcontractors (except for workers’ compensation and professional liability insurance) as an additional insureds for claims against The Government of the District of Columbia relating to this contract, with the understanding that any affirmative obligation imposed upon the insured Contractor or its subcontractors (including without limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its subcontractors, and not the additional insured. The additional insured status under the Contractor’s and its subcontractors’ Commercial General Liability insurance policies shall be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of endorsements providing coverage at least as broad and approved by the CO in writing. All of the Contractor’s and its subcontractors’ liability policies (except for workers’ compensation and professional liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that such


policies provide primary coverage (without any right of contribution by any other insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an Additional Insured) for all claims against the additional insured arising out of the performance of this Statement of Work by the Contractor or its subcontractors, or anyone for whom the Contractor or its subcontractors may be liable. These policies shall include a separation of insureds clause applicable to the additional insured. If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than the minimums shown below, the District requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Grantee and subcontractors. 1. Commercial General Liability Insurance (“CGL”). The Contractor shall provide evidence satisfactory to the CO with respect to the services performed that it carries a CGL policy, written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad and approved by the CO in writing), covering liability for all ongoing and completed operations of the Contractor, including ongoing and completed operations under all subcontracts, and covering claims for bodily injury, including without limitation sickness, disease or death of any persons, injury to or destruction of property, including loss of use resulting therefrom, personal and advertising injury, and including coverage for liability arising out of an Insured Contract (including the tort liability of another assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic source). Such coverage shall have limits of liability of not less than $1,000,000 each occurrence, a $2,000,000 general aggregate (including a per location or per project aggregate limit endorsement, if applicable) limit, a $1,000,000 personal and advertising injury limit, and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability Insurance. The Contractor shall provide evidence satisfactory to the CO of commercial (business) automobile liability insurance written on ISO form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO in writing) including coverage for all owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor, with minimum per accident limits equal to the greater of (i) the limits set forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000 per occurrence combined single limit for bodily injury and property damage. 3. Workers’ Compensation Insurance. The Contractor shall provide evidence satisfactory to the CO of Workers’ Compensation insurance in accordance with the statutory mandates of the District of Columbia or the jurisdiction in which the contract is performed.


Employer’s Liability Insurance. The Contractor shall provide evidence satisfactory to the CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000 per employee for disease; and $500,000 for policy disease limit. All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for the benefit of Government of the District of Columbia. 4. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any error or omission in the performance of professional services under this Contract. The policy shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date precedes the date the Contractor first performed any professional services for the Government of the District of Columbia and that continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least ten years after the completion of the professional services. 5. Commercial Umbrella Liability. The Contractor shall provide evidence satisfactory to the CO of commercial umbrella liability insurance with minimum limits equal to the greater of (i) the limits set forth in the Contractor’s umbrella liability policy or (ii) $5,000,000 per occurrence and $5,000,000 in the annual aggregate, following the form and in excess of the underlying employers’ liability, commercial general liability, and commercial automobile liability policies, with an effective date that is concurrent with such liability policies. The insurance required under this paragraph shall be written in a form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-insurance or reinsurance maintained by the District and the “other insurance” provision must be amended in accordance with this requirement and principles of vertical exhaustion.

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

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

D. LIABILITY. These are the required minimum insurance requirements established

by the District of Columbia. HOWEVER, THE REQUIRED MINIMUM INSURANCE


REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

E. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for

any loss or damage to their personal property, including but not limited to tools and equipment, scaffolding and temporary structures, rented machinery, or owned and leased equipment. A waiver of subrogation shall apply in favor of the District of Columbia.

F. Measure of Payment. The District shall 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 contract price. A bid bond in the amount of 5% of the base year bid amount is required.

G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO

shall be given thirty (30) days prior written notice in the event of coverage and / or limit changes or if the policy is canceled prior to the expiration date shown on the certificate. The Contractor shall provide the CO with ten (10) days prior written notice in the event of non-payment of premium. The Contractor will also provide the CO with an updated Certificate of Insurance should its insurance coverages renew during the contract.

H. CERTIFICATES OF INSURANCE. The Contractor shall submit certificates of insurance

giving evidence of the required coverage as specified in this section prior to commencing work. Certificates of insurance must reference the corresponding purchase order number. Evidence of insurance shall be submitted to:

The Government of the District of Columbia And mailed to the attention of: Fatmata “Fatima” Tibbs, Deputy Chief Contracting Officer Office of Contracting and Procurement 55 M Street, SE. 7th Floor Washington, DC 20003 Telephone: 202-741-5381 E-mail address: [email protected] The CO may request and the Contractor shall promptly deliver updated certificates of insurance, endorsements indicating the required coverages, and/or certified copies of the insurance policies. If the insurance initially obtained by the Contractor expires prior to completion of the contract, renewal certificates of insurance and additional insured and other endorsements shall be furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage required to be maintained after completion, an

mailto:[email protected]


additional certificate of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or replaced).

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

J. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in

connection with this contract shall be written by insurance companies with an A.M. Best Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency) and licensed in the in the District.

K. PRIMARY AND NONCONTRIBUTORY INSURANCE. The Contractor agrees that its

insurance shall be primary and noncontributory. The Contractor agrees that no other insurance available to the District of Columbia or an additional insured under Contractor’s policy shall apply before the Contractor’s insurance coverages are fully exhausted.

C. CERTIFICATE OF INSURANCE REQUIREMENTS. Each certificate of insurance shall

include:

1. The name of the insurance company or companies; 2. The name of the insured contractor; 3. The type(s) of insurance coverage being provided; 4. The insurance policy number(s); 5. The insurance policy effective date(s) and expiration date(s); 6. The insurance liability limits; 7. The District contract number; 8. Specific cancellation requirements noted in the Cancellation box (in the lower right

hand corner); 9. The District as a Certificate Holder (in the box in the lower left hand corner); and 10. The District noted as an additional insured and a waiver of subrogation noted in

either the insurance description section or checked in the boxes next to the applicable lines of coverage.

I.9 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 herein as Section J.3. An award cannot be made to any bidder who has not satisfied the equal employment requirements.


I.10 ORDER OF PRECEDENCE This paragraph supersedes Standard Specifications Section 103.01 Article 2 “Order of Precedence.” The Contract Documents are complimentary, and different requirements within the Contract Documents shall only be deemed in conflict if compliance with both cannot be achieved. In the event of a conflict between the terms of the Contract, the Contract Documents apply in the following order of precedence: 1. Task Orders and Modifications 3. The Contract 4. Contract Attachments, including Special Provisions and drawings, other than Federal

Contract Requirements 5. Standard Specifications for Highways and Structures (2013) 6. Other DDOT Standard Specifications 7. Utility Standard Specifications In addition: 8. Original scaled drawings and details have priority over other different scale drawings

and details; and 9. Large scale drawings and details have priority over small scale drawings and details. I.11 DISPUTES This paragraph supersedes Standard Specifications Section 103 Article 7, Disputes. All disputes arising under or relating to the contract shall be resolved as provided herein.

(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) 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 the 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

(1) 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 CO for a decision. The Contractor’s claim shall contain at least the following:


(i) A description of the claim and the amount in dispute; (ii) Data or other information in support of the claim; (iii) A brief description of the Contractor’s efforts to resolve the dispute prior to

filing the claim; and (iv) The Contractor’s request for relief or other action by the CO.

(2) The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.

(3) The CO shall issue a decision on any claim within 120 calendar days after

receipt of the claim. Whenever possible, the CO 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.

(4) The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute; (ii) Refer to the pertinent contract terms; (iii) State the factual areas of agreement and disagreement; (iv) 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;

(v) 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;

(vi) Indicate that the written document is the CO’s final decision; and (vii) Inform the Contractor of the right to seek further redress by appealing the

decision to the Contract Appeals Board.

(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04.

(6) If a contractor is unable to support any part of its 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. Liability under this paragraph (a)(6) shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud.


(7) 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 CO.

(b) Claims by the District against the Contractor: Claim as used in paragraph (b) 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 the 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. (1) The CO shall decide all claims by the District against a contractor arising under

or relating to a contract.

(2) The CO shall send written notice of the claim to the contractor. The CO’s written decision shall do the following:

(i) Provide a description of the claim or dispute; (ii) Refer to the pertinent contract terms; (iii) State the factual areas of agreement and disagreement; (iv) 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;

(v) 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;

(vi) Indicate that the written document is the CO’s final decision; and (vii) Inform the Contractor of the right to seek further redress by appealing

the decision to the Contract Appeals Board.

(3) The CO shall support the decision by reasons and shall inform the Contractor of its rights as provided herein.

(4) Before or after issuing the decision, the CO may meet with the Contractor to

attempt to resolve the claim by agreement. (5) The authority contained in this paragraph (b) 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.

(6) This paragraph shall not authorize the CO to settle, compromise, pay, or

otherwise adjust any claim involving fraud.


(c) Decisions of the CO shall be final and not subject to review unless the Contractor

timely commences an administrative appeal for review of the decision, by filing a complaint with the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.

(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 CO.

I.12 RESERVED I.13 PRE-AWARD APPROVAL The award and enforceability of this contract is contingent upon approval of the Council of the District of Columbia. In accordance with D.C. Official Code §2-352.02 and §1-204.51(c), the Council of the District of Columbia must approve an award of any contract for over $1,000,000.00 or that has a term extending beyond 12 months. No contract in excess of $l,000,000.00 or that is for a term extending beyond 12 months shall 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 CO. I.14 GOVERNING LAW This contract, and any disputes arising out of or related to this contract, shall be governed by, and construed in accordance with, the laws of the District of Columbia. I.15 PERFORMANCE AND PAYMENT SECURITY Standard Specifications Section 103 Article 12 (B) & (C) apply to this contract. I.16 BUY AMERICAN ACT REQUIREMENTS In accordance with the Buy American Act, 41 USC 8301 et seq., the Contractor agrees that only domestic construction material will be used by the Contractor, subcontractors, material men and suppliers in the performance of the Contract, except for materials for which an exception applies and a waiver has been granted. A construction material is any article, material or supply brought to the construction site for incorporation in the building or work. To be considered domestic:

1. Unmanufactured construction materials must be mined or produced in the United States.


2. Manufactured construction materials must be manufactured in the United States

and the cost of components mined, produced or manufactured in the United States must exceed 50% of the cost of all components (the Component Test). Components of foreign origin of the same class or kind as those listed at Federal Acquisition Regulation (FAR) 24.104 are treated as domestic for the purposes of the Component Test. The Component Test is waived for commercially-available off-the-shelf (COTS) items.

The Contractor may submit a written request for an exception to the Buy American Act requirements on the basis that 1) a construction material is not produced or manufactured in the United States in sufficient quantity of a sufficient quality; 2) acquisition of a construction material would be against public interest; or 3) the cost of the construction material would be unreasonable. The request must explain why the Contractor could not have reasonably foreseen the need for, and could not have requested, the exception before bid closing. If the Contracting Officer determines that the explanation is satisfactory, the District will make a determination of whether an exception to the Buy American Act applies. The determination by the District is final. I.17 SITE INVESTIGATION - CONSTRUCTION The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the performance of the Work; and (6) all conditions related to site access, required permits, utilities coordination, and District requirements. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the District, as well as from the Drawings and Specifications made a part of the Contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph shall not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the District. The Contractor is solely responsible for any conclusions or interpretations made by the Contractor based on the information made available by the District. The District assumes no responsibility for, and Contractor is solely responsible for, any understanding based upon, any representation made by any District officers or agents before the execution of

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the Contract, unless that understanding or representation is expressly stated in the Contract. I.18 RESERVED I.19 CONSTRUCTION WAGE RATE REQUIREMENTS (DAVIS-BACON ACT) a) Definition.

(1) “Site of the work” is defined as:

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant

portion of the building or work is constructed, provided that such site is— (A) Located in the United States; and (B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided— (i) They are dedicated exclusively, or nearly so, to performance of the contract or

project; and (ii) They are adjacent or virtually adjacent to the “primary site of the work” as

defined in paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

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(b) (1) All laborers and mechanics employed or working upon the site of the work 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 under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at 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, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits

under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate

and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. 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.

(4) The wage determination (including any additional classifications and wage rates

conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.


(c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to 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 therefor only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by

a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a

reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the

classification (if known), or their representatives, and the Contracting Officer agree on 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, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 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.

(3) In the event the Contractor, 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 of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 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.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant

to paragraphs (c)(2) and (c)(3) of this clause 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.

(d) 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.

(e) 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 costs 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 of the Construction Wage Rate Requirements statute 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.

I.20 CONVICT LABOR (18 USC 438) Convict labor shall not be used on the Contract unless otherwise provided by law. I.21 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 USC 327-330) (a) Overtime requirements. No Contractor or subcontractor employing laborers or

mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor

and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will

withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.

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https://www.law.cornell.edu/cfr/text/48/22.300





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https://www.law.cornell.edu/uscode/text/40/chapter-37

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(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll

records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the

Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

I.22 DDOT TITLE VI ASSURANCES During the performance of this Contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: A. Compliance with Regulations The contractor shall comply with the Regulations relative to Non-Discrimination in Federally Assisted Programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, (hereinafter referred to as the “Regulations”), as they may be amended from time to time, which are incorporated by reference and made a part of this contract. B. Non-Discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, gender or national origin in the selection and




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https://www.law.cornell.edu/cfr/text/29/5.5




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retention of subcontractors, including procurements of materials and leases of equipment. A contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontractors, including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, gender, or national origin. D. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts and other sources of information, and its facilities as may be determined by DDOT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to DDOT, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Non-Compliance In the event of the contractor’s non-compliance with non-discrimination provisions of this contract, DDOT shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to withholding of payments to the contractor under the contract until the contractor complies, and/or Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (6) of this Assurance in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as DDOT or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of this direction, the contractor may request DDOT to enter into such litigation to protect the interests of DDOT, and in


addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. I.23 EQUITABLE ADJUSTMENT OF CONTRACT TERMS This paragraph supersedes Paragraph 4(b) of Standard Specifications Section 103.01 Article 4, Equitable Adjustment of Contract Terms. When an item of Work is increased by 100 percent or decreased by more than 50 percent of the original Contract quantity, any adjustment for an increase or decrease in price shall apply only to that portion in excess of 100 percent, or less than 50 percent of the original contract quantity.


SECTION J: ATTACHMENTS The following documents are incorporated into the Solicitation by reference or attachment.

Attachment Number

Document

J.1

Government of the District of Columbia Standard Contract Provisions for

Use with the Supplies and Services Contracts (July 2010)

available at http://ocp.dc.gov

under Quick Links click on “Required Solicitation Documents”

J.2 U.S. Department of Labor Wage Determination No. General Decision

Number: DC180001 02/09/2018 DC1 (attached)

J.3

Equal Employment Opportunity Employer Information Report and Mayor’s

Order 85-85

available at available at http://ocp.dc.gov


J.4 Department of Employment Services First Source Employment Agreement

for construction projects (attached)

J.5

Way to Work Amendment Act of 2006 - Living Wage Notice available at

http://ocp.dc.gov


J.6

Way to Work Amendment Act of 2006 - Living Wage Fact Sheet available at

http://ocp.dc.gov


J.7 Tax Certification Affidavit available at http://ocp.dc.gov


J.8 Subcontracting Plan (if required by law) available at http://ocp.dc.gov


J.9

First Source Initial Employment Plan (if contract is $300,000 or more)

available at http://ocp.dc.gov


J.10 Bid Bond Certification form (attached)

http://ocp.dc.gov/

http://ocp.dc.gov/

http://ocp.dc.gov/

http://ocp.dc.gov/

http://ocp.dc.gov/

http://ocp.dc.gov/

http://ocp.dc.gov/


ATTACHMENT J.2

U.S. Department of Labor Wage Determination No.

General Decision Number: DC180001 02/09/2018

DC1,

Dated February 9, 2018


WD 15-4281 (Rev.-6) was first posted on www.wdol.gov on 05/16/2017

General Decision Number: DC180001 02/09/2018 DC1

Superseded General Decision Number: DC20170001

State: District of Columbia

Construction Types: Heavy (Heavy and Sewer and Water Line)

and Highway

County: District of Columbia Statewide.

HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines);

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.35 for calendar year 2018 applies to all contracts

subject to the Davis-Bacon Act for which the contract is

awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor

must pay all workers in any classification listed on this wage

determination at least $10.35 per hour (or the applicable wage

rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year

2018. The EO minimum wage rate will be adjusted annually.

Please note that this EO applies to the above-mentioned types

of contracts entered into by the federal government that are

subject to the Davis-Bacon Act itself, but it does not apply to

contracts subject only to the Davis-Bacon Related Acts,

including those set forth at 29 CFR 5.1(a)(2)-(60). Additional

information on contractor requirements and worker protections

under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/05/2018

1 02/09/2018

ASBE0024-001 10/01/2017

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..........$ 35.13 16.22

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ASBE0024-002 10/01/2017

Rates Fringes


HAZARDOUS MATERIAL HANDLER

Includes preparation,

wetting, stripping,

removal, scrapping,

vacuuming, bagging and

disposing of all

insulation materials,

whether they contain

asbestos or not, from

mechanical systems..........$ 22.81 7.34

----------------------------------------------------------------

ASBE0024-005 10/01/2017

Rates Fringes

Fire Stop Technician.............$ 28.01 7.78

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

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.

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BOIL0193-001 01/01/2017

Rates Fringes

Boilermakers:....................$ 40.47 22.97

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BRDC0001-001 04/30/2017

Rates Fringes

Bricklayer......................$ 30.91 10.24

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BRMD0001-004 04/30/2017

Rates Fringes

BRICKLAYER

Refractory (Firebrick)......$ 37.72 10.89

----------------------------------------------------------------

CARP0177-001 05/01/2017

Rates Fringes

Carpenter/Lather.................$ 28.36 11.53

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CARP0179-001 05/01/2017

Rates Fringes

PILEDRIVERMAN....................$ 29.94 10.95


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CARP0179-004 05/01/2017

Rates Fringes

DIVER TENDER.....................$ 32.41 10.95

DIVER............................$ 41.09 10.95

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CARP0219-001 05/01/2017

Rates Fringes

MILLWRIGHT.......................$ 32.49 11.23

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ELEC0026-001 06/05/2017

Rates Fringes

Electricians.....................$ 44.65 16.74

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ELEC0070-001 05/01/2017

Rates Fringes

Line Construction:

Cable Splicers..............$ 37.50 19%+5.25

Equipment Operators.........$ 37.50 19%+5.25

Groundmen...................$ 17.44 19%+5.25

Linemen.....................$ 37.50 19%+5.25

Truck Driver................$ 19.83 19%+5.25

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* ENGI0077-001 05/01/2017

Rates Fringes

Power equipment operators:

(HEAVY AND HIGHWAY

CONSTRUCTION)

GROUP 1.....................$ 38.09 8.95+a

GROUP 2.....................$ 36.24 8.95+a

GROUP 3.....................$ 34.07 8.95+a

GROUP 4.....................$ 30.56 8.95+a

GROUP 5.....................$ 26.39 8.95+a

GROUP 6.....................$ 24.24 8.95+a

GROUP 7.....................$ 39.21 8.95+a

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Tower Cranes and Cranes 100 ton and over.

GROUP 2: 35 ton cranes & above, derricks, concrete boom pump,

drill rigs (+50,000 lbs torque), mole.

GROUP 3: Cranes, hoists, drill rigs (under 50,000 lbs

torque), tie back machines, paving mixers, tunnel shovels,

batch plants, shields, tunnel mining machines, draglines,

mucking machines, graders in tunnels, pile driving engines,


welder, horizontal directional drill operator, Tug boats.

GROUP 4: Front end loaders, boom trucks, backhoes,

excavators, gradalls, power driven wheel scoops & scrapers,

blade graders, motor graders, bulldozers, trenching

machines, ballast regulator,hoe ram, locomotive (standard,

narrow gauge, tuggers).

GROUP 5: Boilers (skelton), asphalt spreaders, bullfloat

finishing machines, concrete finishing machines, concrete

spreaders,concrete mixer, concrete pump, well points,

hydraulic pumps, elevators, freeze uniits, tunnel motorman

or dinky operator, conveyors, grout pump, fireman, ultra

high pressure water jet cutting tool system

operator/mechanic, horizontal directional drill locator,

skid steers (fine grading), High lifts (lull type lifts).

GROUP 6: Fork lifts, ditch witch, bobcat, skid steer, space

heaters, sweepers, assistant engineers, oilers, service

unit equipment, roller.

GROUP 7: Master mechanic.

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.

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ENGI0077-002 06/01/2016

Rates Fringes


(PAVING AND INCIDENTAL

GRADING)

GROUP 1.....................$ 29.79 7.55

GROUP 2.....................$ 26.55 7.55

GROUP 3.....................$ 22.84 7.55

GROUP 4.....................$ 20.55 7.55

GROUP 5.....................$ 30.50 7.35


GROUP 1: Gradall operator, Crane.

GROUP 2: Boom Truck, Milling Machine, Excavator, Rubber Tire

Backhoe, Asphalt Paver, Asphalt Plant Engineer, Motor

Grader, Track Loader, Rubber Tire Loader, Track Dozer,

Concrete Paver.

GROUP 3: Broom Truck, Asphalt Roller.

GROUP 4: Air Compressor, Grade Rollers.

GROUP 5: Mechanic.

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ENGI0077-003 07/01/2017

Rates Fringes



(SEWER, GAS AND WATER LINE

CONSTRUCTION)

GROUP 1.....................$ 32.81 7.70+a

GROUP 2.....................$ 27.00 7.70+a

GROUP 3.....................$ 26.58 7.70+a

GROUP 4.....................$ 25.31 7.70+a

GROUP 5.....................$ 21.23 7.70+a


GROUP 1:Cranes 50 ton and above.

GROUP 2:Gradall, Lead Mechanic, Crane under 50 ton

capacity.

GROUP 3:Boom Trucks, Excavators, Backhoes, Front-End Loaders,

Fork Lift/Lull, Bulldozers, Motor Graders, Mechanic 1,

Hydraulic Tamper and Hoe Pack, Paving Mixers, Pile Driving

Engines, Batch Plant, Concrete Pumps, Low-Boy Driver, Lube

Truck.

GROUP 4.Knuckle Boom, Trenching Machine, Well Drilling

Machines, Concrete Mixers, Assistant Mechanic, Mini

Excavator under 10,000 lbs. gross weight.

GROUP 5:Oiler, Dump Truck, Skid Steer/Bobcat, Rollers.

a.PAID HOLIDAYS: New Year's Day, Inaugural Day, Washington's

Birthday, Memorial Day, Independence Day, Labor Day,

Thanksgiving Day, day after Thanksgiving Day and Christmas

Day

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IRON0005-011 06/01/2017

Rates Fringes

IRONWORKER.......................$ 31.15 20.63

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LABO0011-003 06/01/2017

Rates Fringes

Laborers: (HEAVY AND HIGHWAY

AND SEWER & WATER LINES

CONSTRUCTION)

GROUP 1.....................$ 24.51 8.04

GROUP 2.....................$ 25.14 8.04

GROUP 3.....................$ 25.14 8.04

GROUP 4.....................$ 25.34 8.04

GROUP 5.....................$ 25.89 8.04

GROUP 6.....................$ 26.60 8.04

GROUP 7.....................$ 27.28 8.04

GROUP 8.....................$ 28.19 8.04

LABORERS CLASSIFICATIONS:


GROUP 1: Carloaders, choker setter, concrete crewman, crushed

feeder, demolition laborers, including salvaging all material,

loading, cleaning up, wrecking, dumpmen, flagmen, fence

erector and installer (other than chain link), including

installation and erection of fence, guard rails, medial rails,

reference posts, guide posts and right-of-way markers, form

strippers, general laborers, railroad track laborers, riprap

man, scale man, stake jumper, structure mover, includes

foundation, separation, preparation, cribbing, shoring,

jacking and unloading of structures, water nozzleman, timber

bucker and faller, truck loader, water boys, tool room men.

GROUP 2: Combined air and water nozzleman, cement handler,

dope pot fireman (nonmechanical), form cleaning machine,

mechanical railroad equipment (includes spiker, puller, tile

cleaner, tamper, pipe wrapper, power driven wheelbarrows,

operators of hand derricks, towmasters, scootcretes,

buggymobiles and similar equipment), tamper or rammer

operator, trestle scaffold builders over one tier high, power

tool operator (gas, electric or pneumatic), sandblast or

gunnite tailhose man, scaffold erector, (steel or wood),

vibrator operator (up to 4 feet), asphalt cutter, mortar men,

shorer and lagger, creosote material handler, corrosive enamel

or equl, paver breaker and jackhammer operators.

GROUP 3: Multi-section pipe layer, non-metallic clay and

concrete pipe layer (including caulker, collarman, jointer,

rigger and jacker, thermal welder and corrugated metal culvert

pipe layer.

GROUP 4: Asphalt block pneumatic cutter, asphalt roller,

walker, chainsaw operator with attachment, concrete saw

(walking), high scalers, jackhammer operator (using over 6

feet of steel), vibrator operator (4 feet and over), well

point installer, air trac operator.

GROUP 5: Asphalt screeder, big drills, cut of the hole drills

(1 1/2 " piston or larger), down the hole drills (3 1/2"

piston or larger) gunnite or sandblaster nozzleman, asphalt

raker, asphalt tamper, form setter, demolition torch operator,

shotcrete nozzlemen and potman.

GROUP 6: Powderman, master form setters.

GROUP 7: Brick paver (asphalt block paver, asphalt block

sawman, asphalt block grinder, hastings block or similar type)

GROUP 8: Licensed powdermen.

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LABO0011-004 06/01/2017

Rates Fringes

Laborers: (HAZARDOUS WASTE

REMOVAL, EXCEPT ON MECHANICAL

SYSTEMS:


Preparation for, removing and

encapsulation of hazardous

materials from non-mechanical

systems)

Skilled Asbestos Abatement

Laborers....................$ 20.92 8.04

Skilled Toxic and

Hazardous Waste Removal

Laborers....................$ 23.73 8.04

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LABO0011-005 06/01/2017

Rates Fringes

Laborers: (TUNNEL, RAISE &

SHAFT (FREE AIR)

FOR HEAVY AND SEWER & WATER

LINES CONSTRUCTION)

GROUP 1.....................$ 25.42 8.04

GROUP 2.....................$ 26.25 8.04

GROUP 3.....................$ 28.33 8.04

GROUP 4.....................$ 29.22 8.04

LABORERS CLASSIFICATIONS:

GROUP 1: Brakeman, Bull Gang, Dumper, Trackmen, Concrete Man.

GROUP 2: Chuck Tender, Powdermen in Prime House, Form Setters

and Movers, Nippers, Cableman, Houseman, Groutman, Bell or

Signalman, Top or Bottom Vibrator Operator.

GROUP 3: Miners, Re-Bar Underground, Concrete or Gunnite

Nozzlemen, Powdermen, Timbermen and Re-Timbermen, Wood Steel

Including Liner plate or Other Support, Material Motorman,

Caulkers, Diamond Drill Operators, Riggers, Cement Finishers-

Underground, Welders and Burners, Shield Driver, Air Trac

Operator, Shotcrete Nozzlemen and Potman.

GROUP 4: Mucking Machine Operator (Air).

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LABO0011-006 06/01/2017

Rates Fringes

Laborers: (TUNNEL, RAISE AND

SHAFT (COMPRESSED AIR) FOR

HEAVY CONSTRUCTION ONLY

Gauge Pressure Work Period

(Pounds) (Hours)

1-14 7...........$ 34.10 8.04

14-18 6...........$ 40.12 8.04

FOOTNOTE: On any requirement for air pressure in excess of 18

PSI, work periods and rates should be negotiated at a

pre-bid conference.

----------------------------------------------------------------


LABO0011-007 09/01/2017

Rates Fringes

Laborers: (PAVING AND

INCIDENTAL GRADING)

Asphalt Raker & Concrete

Saw Operator................$ 20.05 7.01

Asphalt Shoveler............$ 19.20 7.01

Asphalt Tamper & Concrete

Shoveler....................$ 19.68 7.01

Jack Hammer.................$ 19.71 7.01

Laborer.....................$ 19.03 7.01

Sand Setter & Form Setter...$ 20.75 7.01

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LABO0011-008 06/01/2017

Rates Fringes

LABORERS (BRICK MASONRY WORK)

Mason Tenders...............$ 17.00 8.04

Scaffold Builders,

Mortarmen...................$ 18.04 8.04

----------------------------------------------------------------

MARB0002-003 04/30/2017

Rates Fringes

Marble & Stone Mason

Includes Pointing,

Caulking and Cleaning of

All Types of Masonry,

Brick, Stone and Cement

Structures..................$ 36.91 16.55

----------------------------------------------------------------

MARB0003-001 04/30/2017

Rates Fringes

Mosaic & Terrazzo Worker,

Tile Layer.......................$ 27.44 11.44

----------------------------------------------------------------

MARB0003-004 04/30/2017

Rates Fringes

Marble, Tile & Terrazzo

Finisher.........................$ 22.51 10.50

----------------------------------------------------------------

PAIN0051-001 06/01/2017

Rates Fringes

Painters:

All Industrial Work.........$ 30.90 10.49

Bridges, Heavy Highway,

Lead Abatement and


Flame/Thermal Spray.........$ 36.13 11.29

Commercial and Mold

Remediation, Painters,

Wallcovers and Drywall

Finishers...................$ 25.06 9.66

Metal Polishing and

Refinishing.................$ 26.06 9.66

----------------------------------------------------------------

* PLAS0891-001 02/01/2018

Rates Fringes

Cement Masons:

HEAVY CONSTRUCTION ONLY.....$ 28.15 10.58

----------------------------------------------------------------

PLAS0891-002 06/01/2017

Rates Fringes

Cement Masons: (PAVING &

INCIDENTAL GRADING)

Cement Masons...............$ 20.10 7.38

Concrete Saw Operators......$ 20.10 7.38

Form Setters................$ 20.10 7.38

----------------------------------------------------------------

PLUM0005-001 08/01/2017

Rates Fringes

Plumbers.........................$ 41.67 17.60+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.

----------------------------------------------------------------

PLUM0602-005 08/01/2017

Rates Fringes

Steamfitter, Refrigeration &

Air Conditioning Mechanic........$ 40.69 21.07+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's


Veterans Day, Thanksgiving Day and the day after

Thanksgiving and Christmas Day.

----------------------------------------------------------------

SHEE0100-001 07/01/2017

Rates Fringes

Sheet Metal Worker...............$ 40.27 18.74+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's



Veterans Day, Thanksgiving Day and Christmas Day

----------------------------------------------------------------

TEAM0639-001 06/01/2017

Rates Fringes

Truck drivers: (HEAVY &

HIGHWAY CONSTRUCTION)

Tractor trailer, Low Boy....$ 24.25 2.52+a

Truck Drivers...............$ 22.25 2.52+a

a. VACATION: Employees will receive one (1) week's paid

vacation after one (1) year of service.

----------------------------------------------------------------

TEAM0639-005 06/01/2017

Rates Fringes

Truck drivers: (PAVING &

INCIDENTAL GRADING)

All paving projects where

the grading is incidental

to the paving...............$ 22.25 2.52+a

a. VACATION: Employees will receive one (1) week's paid

vacation after one (1) year of service.

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

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)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of "identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers


Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

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.


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





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




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION


SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF BIDDERS

Bidders must fill out, and submit with their bids the following:

Attachment

Number Document

K.1

Bidder/Offeror Certification Form available at

https://ocp.dc.gov/publication/bidder-offeror-certification

https://ocp.dc.gov/publication/bidder-offeror-certification


SECTION L: INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS L.1 METHOD OF AWARD A. The District reserves the right to accept/reject any/all bids resulting from this

solicitation. The CO may reject all bids or waive any minor informality or irregularity in bids received whenever it is determined that such action is in the best interest of the District.

B. The District intends to award a single contract resulting from this solicitation to the

responsive and responsible bidder who has the lowest bid. L.2 Pre-Bid Conference Prospective bidders are invited to attend a pre-bid conference to discuss the proposed work under the Contract. The location of the conference is 55 M Street, SE, Suite 400, Washington, DC 20003, on Thursday, April 5, 2018 at 1:00pm. Any pertinent change resulting from the conference will be included in addenda to the Solicitation; however, the importance of attending the meeting is stressed. L.3 SIGNING OF BIDS A. The Contractor shall sign the bid and print or type its name on the Solicitation, Offer

and Award form of this solicitation. Each bid must show a full business address and telephone number of the bidder and be signed by the person or persons legally authorized to sign contracts. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the CO.

B. All correspondence concerning the bid or resulting contract will be mailed to the

address shown on the bid in the absence of written instructions from the bidder or contractor to the contrary. Any bid submitted by a partnership must be signed with the partnership name by a general partner with authority to bind the partnership. Any bid submitted by a corporation must be signed with the name of the corporation followed by the signature and title of the person having authority to sign for the corporation.

L.4 LEGAL STATUS OF BIDDER Each bid must provide the following information:


A. Name, address, telephone number and federal tax identification number of bidder; B. A copy of each District of Columbia license, registration or certification that the bidder

is required by law to obtain. If the bidder 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 bid shall certify its intent to obtain the necessary license, registration or certification prior to contract award or its exemption from such requirements; and

C. If the bidder is a partnership or joint venture, the names and addresses of the general

partners or individual members of the joint venture, and copies of any joint venture or teaming agreements.

L.5 Bid Guaranty Section 102.01 Article 12A, “Bid Guaranty,” is modified and supplemented as follows: A. This paragraph only applies to bids worth $100,000 or more. The Bidder must provide

a bid guaranty in an amount not less than 5% of its bid. Failure to furnish a bid guaranty in the proper form and amount by the time set for opening of bids may be cause for rejection. The bidder shall furnish the bid guaranty in one of the following forms:

1. A Bid Bond (Form No. DC 2640-5) supported by good and sufficient surety or

sureties acceptable to the District; 2. A certified cashier’s check payable to the Treasurer of the District of Columbia; 3. Negotiable United States bonds (at par value); or 4. An irrevocable letter of credit.

B. Bid guaranties in the forms of certified checks and United States bonds will be

retained from the apparent first, second, and third low bidders. The Contracting Officer will return bid guaranties to all other bidders as soon as practicable after opening of bids.

L.6 PREPARATION AND SUBMISSION OF BIDS A. To bid this contract, fill out the Price Proposal and all forms required in Section K,

Representations, Certifications and Other Statements of Bidders, and submit them, along with its Bid Guaranty and Subcontracting Plan, by the date and time described in Paragraph L.5, below. Submit one original and two (2) copies of your bid. Submit your bid in a sealed envelope conspicuously

B. The District will reject as non-responsive any bid that fails to conform in any material

respect to the IFB.


C. Bidders shall make no changes to the requirements set forth in the solicitation. D. The District will reject as non-responsive any bid that fails to include a Subcontracting

Plan, an initial First Source Agreement, or a Past Performance Form. E. Bidders shall complete, sign and submit the initial First Source Employment Plan and

all Representations, Certifications and Acknowledgments, as appropriate. Failure to do so may result in a bid rejection.

F. Bidders must bid on all CLINs to be considered for this award. Failure to bid on all

CLINs will render the bid non-responsive and disqualify a bid. L.7 FAMILIARIZATION WITH CONDITIONS This paragraph supersedes Section 102.01 Article 3, “Examination of IFB Documents and Site of Work.” A. Examination of Documents

Bidders should thoroughly familiarize themselves with the terms and conditions of this IFB. Bidders will not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the Work required herein due to their failure to become acquainted with all Bid Documents, schedules and liability concerning the Work to be performed.

B. Site Investigation – Construction

A. Bidders should take steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the performance of the Work; (6) all conditions related to site access, required permits, utilities coordination, and local jurisdictions’ requirements; and (7) the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the District, as well as from the Drawings and Specifications made a part of the Contract.




https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=968a5b4de9973418d4e70b996d5b2a1b&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.236-3






2. Bidders are on notice that the Bidder awarded the Contract will be responsible for estimating properly the difficulty and cost of successfully performing the Work, and successfully performing the Work, without additional expense to the District or extension of time.

L.8 BID SUBMISSION DATE AND TIME

Bids must be submitted no later than 2:00pm local time on Wednesday, April 18, 2018, as specified in Section A.9. L.9 WITHDRAWAL OR MODIFICATION OF BIDS A bidder may modify or withdraw its bid upon written or facsimile transmission if received at the location designated in the solicitation for submission of bids, but not later than the closing date and time of bid opening. L.10 LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS A. Bids, modifications to bids, or requests for withdrawals that are received at the

location designated in the solicitation after the time and date specified above, are “late” and shall be considered only if they are received before the award is made and any of the following circumstances apply:

1. The bid or modification was sent by registered or certified mail no later than five

(5) calendar days before the date specified for receipt of bids; 2. It was sent by mail and the contracting officer determines that the late receipt was

due solely to mishandling by the District after receipt at the location specified in the IFB; or

3. It was sent electronically by the bidder prior to the time and date specified and there is objective evidence in electronic form confirming that the bid was received prior to the bid receipt time and date specified.

B. Postmarks

The only acceptable evidence to establish the date of a late bid, 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 bid, modification or 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 bid shall be considered late unless the bidder can furnish evidence from the postal authorities of timely mailing.




C. Late Submissions

A late bid, late request for modification or late request for withdrawal shall not be considered, except as provided in this section.

D. Late Modifications

A late modification of a successful bid which makes its terms more favorable to the District will be considered at any time it is received and may be accepted.

L.11 HAND DELIVERY OR MAILING OF BIDS Bidders must deliver or mail their bids to the address in Section A.8 of the cover page. L.12 ERRORS IN BIDS Bidders are expected to read and understand fully all information and requirements contained in the solicitation; failure to do so will be at the bidder’s risk. In event of a discrepancy between the unit price and the total price, the unit price shall govern. L.13 QUESTIONS ABOUT THE SOLICITATION If a prospective bidder has any questions relative to this solicitation, the prospective bidder shall submit the questions in writing to the CO. The prospective bidder should submit questions no later than delivery at the pre-bid conference or electronically 7 days prior to the closing date and time indicated for this solicitation. The District will not consider any questions received less than 7 days before the date set for submission of bids. The District will furnish responses promptly to all bidders. An amendment to the solicitation will be issued if that information is necessary in submitting bids, or if the lack of it would be prejudicial to any prospective bidder. Oral explanations or instructions given by District officials before the award of the contract will not be binding. L.14 BID PROTESTS Standard Specifications Section 103.01, Article 8 is modified and supplemented as follows: The protest shall be filed in writing, with the Contract Appeals Board, 441 4th Street, N.W., Suite 350N, Washington, D.C. 20001. L.15 ACKNOWLEDGMENT OF AMENDMENTS The Bidder shall acknowledge receipt of any amendment to this solicitation (a) by signing and returning the amendment; (b) by identifying the amendment number and date in the space provided for this purpose in Section A.14 of the solicitation; or (c) by letter or


telegram, including mailgrams. The District must receive the acknowledgment by the date and time specified for receipt of bids. A Bidder’s failure to acknowledge an amendment may result in rejection of its bid. L.16 BID OPENING The District shall make publicly available the name of each bidder, the bid price, and other information that is deemed appropriate. L.17 STANDARDS OF RESPONSIBILITY This paragraph supersedes 102.01 Article 1, “Qualifications of Bidders.” To be considered responsible, bidders must have the capability in all respects to perform fully the contract requirements; therefore, the apparent low bidder must be able to demonstrate to the satisfaction of the District that it meets the requirements of this Paragraph L.17. A. General Standards of Responsibility

1. To be determined responsible, the apparent low bidder must demonstrate that it:

a. Has adequate financial resources, or the ability to obtain such resources, required to perform the contract;

b. Is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government contract commitments;

c. Has a satisfactory performance record; d. Has a satisfactory record of integrity and business ethics; e. Has, or has the ability to obtain, the necessary organization, experience,

accounting, and operational control, and technical skills; f. Complies with the applicable District licensing and tax laws and regulations; g. Has a satisfactory record of compliance with the law, including labor and civil

rights laws and rules, and the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-219.01 et seq.;

h. Has, or has the ability to obtain, the necessary production, construction, technical equipment, and facilities;

i. Has not exhibited a pattern of overcharging the District; j. Does not have an outstanding debt with the District or the federal government

in a delinquent status; and k. Is otherwise qualified and is eligible to receive an award under applicable laws

and regulations.

B. Special Standards of Responsibility


1. In addition to the General Standards of Responsibility, to be found responsible for

this Project, the apparent low bidder must be able to demonstrate the following:

Not Applicable.

2. At a minimum, the apparent low bidder must provide the following evidence: Not Applicable. C. Determination of Responsibility If the selected low bidder fails to supply the information requested, the CO shall make the determination of responsibility or non-responsibility based upon available information. If the apparent low bidder is determined to be non-responsible for any reason, the Contracting Officer will reject the bid. If the bid is rejected, the Contracting Officer will notify the next apparent low bidder, which shall be required to submit the documentation below within 5 days of such notice.


SECTION M: EVALUATION FACTORS M.1 PREFERENCES FOR CERTIFIED BUSINESS ENTERPRISES Under the provisions of the “Small and Certified Business Enterprise Development and Assistance Act of 2005”, DC Official Code § 2-218.01 et seq., as amended (“Act”, as used in this section), the District shall apply preferences in evaluating bids from businesses that are certified by the Department of Small and Local Business Development (DSLBSD) pursuant to Part D of the Act. A. Application of Preferences For evaluation purposes, the allowable preferences under the Act shall be applicable to prime contractors in response to this IFB as follows:

1. A small business enterprise certified by the DSLBD will receive a three percent (3%) reduction in the bid price.

2. A resident-owned business certified by DSLBD will receive a five percent (5%) reduction in the bid price.

3. A longtime resident business certified by DSLBD will receive a ten percent (10%) reduction in the bid price.

4. A local business enterprise certified by DSLBD will receive a two percent (2%) reduction in the bid price.

5. A local business enterprise with its principal offices located in an enterprise zone certified by DSLBD will receive a two percent (2%) reduction in the bid price.

6. A disadvantaged business enterprise certified by DSLBD will receive a two percent (2%) reduction in the bid price.

7. A veteran-owned business certified by DSLBD will receive a two percent (2%) reduction in the bid price.

8. A local manufacturing business enterprise certified by DSLBD will receive a two percent (2%) reduction in the bid price.

B. Maximum Preference Awarded Notwithstanding the availability of the preceding preferences, the maximum total preference to which a certified business enterprise is entitled is twelve per cent (12%). There will be no preference awarded for subcontracting by the prime contractor with certified business enterprises. C. Preferences for Certified Joint Ventures A joint venture certified by DSLBD for this solicitation will receive preferences as a prime contractor as determined by DSLBD.


D. Verification of Bidder’s Certification as a Certified Business Enterprise

1. Any bidder seeking to receive preferences on this solicitation must be certified at the time of submission of its bid. The CO will verify the bidder’s certification with DSLBD, and the bidder should not submit with its bid any documentation regarding its certification as a certified business enterprise.

2. Any bidder seeking certification in order to receive preferences under this

solicitation should contact the: Department of Small and Local Business Development ATTN: CBE Certification Program 441 Fourth Street, NW, Suite 850N Washington DC 20001 3. All bidders are encouraged to contact DSLBD at (202)727-3900 if additional

information is required on certification procedures and requirements. M.2 PRICE REASONABLENESS All bids must include reasonable prices. The Contracting Officer may reject all bids containing prices determined to be unreasonably high. M.3 PRICE REALISM All bids must include realistic prices. The Contracting Officer may reject any bid that includes prices that appear so low as to indicate the Bidder's failure to comprehend the scope and complexity of the Work or the Bidder’s willingness to assume commercial risk to a degree that endangers successful completion of the Project. M.4 UNBALANCED PRICES All bids must include balanced prices. The Contracting Officer may reject any bid determined to be unbalanced. A bid may be deemed unbalanced if the Base Contract Price, unit prices, option prices or bid rates vary so markedly from either the District estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of a bid in comparison to other, balanced, bids. M.5 PRICE CRITERION

The price evaluation will be objective. The bidder with the lowest price will receive the maximum price points (100). All other proposals will receive a proportionately lower total


score. The following formula will be used to determine each bidder's evaluated price score:

Lowest price proposal --------------------------------------- x weight = Evaluated price score Price of proposal being evaluated

M.6 TOTAL EVALUATED PRICE

The District will evaluate bids for award purposes by evaluating the total for all options, if any, as well as the base year. Evaluation of the options shall not obligate the District to exercise them. The District’s requirements may change during the option years, and quantities to be awarded will be determined at the time each option is exercised.

M.7 TOTAL POINTS (112)

Total points shall be cumulative total of the bidder’s price criterion points and preference points, if any.