a. solicitation, offer, and awardapp.ocp.dc.gov/pdf/dcka-2018-b-0044_m.pdf2. contract number 3....

A. SOLICITATION, OFFER, AND AWARD 1. Caption Page of Pages

Local Pavement Restoration

1 of 86 (plus attachments)

2. Contract Number 3. Solicitation Number 4. Type of Solicitation

5. Date

Issued 6. Type of Market

DCKA-2018-B-0030

X Sealed Bid (IFB)

11/20/18

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 700S Washington, DC 20003

8. Address Offer to:

Department of Transportation Office of Contracting and Procurement Bid Room

55 M Street, SE Suite 700S Washington, DC 20003

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

SOLICITATION

9. Sealed offers in original and 1 hard copy and 1 electronic copy via thumb drive for furnishing the supplies or services in the Schedule will be

received at address in 8 above until 2:00 pm local time on December 5, 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

Monica Bailey Delissaint

(Area Code) (Number) (Ext) [email protected] 202 671-2268

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 86

X B

Contract Type, Supplies or Services

and Price/Cost 2

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C Specifications/Work Statement 4 X J List of Attachments 110

D Packaging and Marking

PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 64

X K Representations, Certifications, and Other Statements of Offerors 112 X F

Period of Performance and Deliverables 65

X G Contract Administration 67 X L

Instructions, Conditions, and Notices to

Offerors 113

X H Special Contract Requirements 74 X M Evaluation Factors 121

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)

23. Signature of Contracting Officer (District of

Columbia) 24. Award Date

Government of the District of Columbia Office of Contracting & Procurement

Pavement Restoration DCKA-2018-B-0044 of 81

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 Local Pavement Restoration (the “Project”)

B.2 TYPE OF CONTRACT

In accordance with 27 DCMR Chapter 15 Procurement by Competitive Sealed Bidding, the

Contract awarded under this Solicitation shall be a fixed unit price indefinite-delivery

indefinite-quantity (IDIQ) contract.

The District Government contemplates award of one Indefinite Delivery-Indefinite

Quantity (IDIQ) Contract for the services specified with payment based on fixed unit prices

as set forth in the Price Schedule below. The Contractor shall provide all specified services

required by the District.

B.3 INDEFINITE DELIVERY INDEFINTE QUANTITY (IDIQ)

A. This is an IDIQ contract for the supplies or work specified, and effective for the period

stated.

1) Delivery or performance shall be made only as authorized by Task Orders issued in

accordance with the Ordering Clause, in subparagraph B, below. The Contractor

shall furnish to the District, when and if ordered, the supplies or services specified

in the Price Schedule (Section B.4).

2) There is no limit on the number of Task Orders that may be issued. The District

may issue Task Orders requiring delivery to multiple destinations or performance

at multiple locations.

3) Any Task 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 Task Order.

Pavement Restoration DCKA-2018-B-0044 of 81

4) The District shall award one or more Task Orders pursuant to this IDIQ. Each Task

Order shall be awarded upon a competitive basis.

B. Ordering Clause

1. Any construction to be furnished under the Contract must be ordered by issuance of Task Orders by the Contracting Officer. Such orders may be issued during the term of this contract.

2. All Task Orders are subject to the terms and conditions of the Contract. In the event

of a conflict between a Task Order and the Contract, the Contract shall control.

B.4 PRICE SCHEDULE

District Department of Transportation

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AASHTOWare Project v3.01.164

Proposal ID: DCKA2018B0044 Project(s): KA2018B0044, KA2018B0044-1

0001 Base PeriodSECTION:

Alt Set ID: Alt Mbr ID:

Bid AmountUnit PriceApproximateQuantity and

UnitsDescription

Item IDProposal

LineNumber Dollars Cents Dollars Cents

0005 000106

Materials Special Item - LF - ITEM # 616057 PREFORMED HIGH CONTRASTTAPE, 4 INCH

LF

1,500.000

_________._____ _________._____

0010 000106


LF

500.000

_________._____ _________._____

0015 000106

Materials Special Item - LF - iTEM # 616061 PREFORMED HIGH CONTRASTTAPE, 12 INCH

LF

250.000

_________._____ _________._____

0020 000112

Materials Special Item - TON -AGGREGATE BASE COURSE

TON

100.000

_________._____ _________._____

0025 000508

Unassigned Special Item -HR -STANDBY TIME

HR

25.000

_________._____ _________._____

0030 000516

Unassigned Special Item -TON -SPEEDBUMP

TON

50.000

_________._____ _________._____

0035 108002

Mobilization LUMP SUM _________._____LUMP SUM

0040 108991

Progress Photographs - Special ItemITEM 108 005 VIDEO OF JOB SITELOCATIONS

LUMP SUM _________._____LUMP SUM

0045 202002

Common Excavation CY

100.000

_________._____ _________._____

0050 202004

Hard Surface Pavement Excavation CY

100.000

_________._____ _________._____

0055 204002

Embankment Fill CY

100.000

_________._____ _________._____

Proposal Schedule of Items Page 1 of 12


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UnitsDescription

Item IDProposal


0060 204004

Borrow Embankment Fill CY

100.000

_________._____ _________._____

0065 311016

Furnish Sewer-Water Manhole Frame EACH

5.000

_________._____ _________._____

0070 311020

Manhole Adapter Ring EACH

10.000

_________._____ _________._____

0075 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 003 ADJUST SEWER-WATERMANHOLE FRAME AND CONVER 48INCH

EACH

10.000

_________._____ _________._____

0080 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 005 RESET SEWER-WATERMANHOLE FRAME AND COVER 48INCH

EACH

10.000

_________._____ _________._____

0085 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 007 FURNISH SEWER-WATER MANHOLE FRAME ANDCOVER 48 INCH

EACH

10.000

_________._____ _________._____

0090 402010

HMA Surface Course, 12.5 mm HMASURFACE COURSE 12.5MM/ 0-149TON PER LOCATION

TON

5,000.000

_________._____ _________._____

0095 402010


TON

2,500.000

_________._____ _________._____



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UnitsDescription

Item IDProposal


0100 402010

HMA Surface Course, 12.5 mm HMASURFACE COURSE 12.5MM/GREATER THAN 300 TON PERLOCATION

TON

2,500.000

_________._____ _________._____

0105 403002

Tack Coat SY

60,000.000

_________._____ _________._____

0110 407991

Asphalt Patching Special Item - TON -ITEM 407 055 ASPHALT PATCHING /PERMANENT POTHOLE REPAIR

TON

100.000

_________._____ _________._____

0115 407991

Asphalt Patching Special Item - TON -ITEM 407 055 ASPHALT PATCHING /TEMPORARY POTHOLE REPAIR

TON

100.000

_________._____ _________._____

0120 410991

Pavement Profiling (Milling) Special Item- SY - ITEM # 410-003 PAVEMENTPROFILING (MILLING) 2 INCH TOTALDEPTH

SY

30,000.000

_________._____ _________._____

0125 410991


SY

1,000.000

_________._____ _________._____

0130 410991


SY

30,000.000

_________._____ _________._____

0135 410991


SY

1,000.000

_________._____ _________._____



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UnitsDescription

Item IDProposal


0140 501002

Reinforced PCC Pavement CY

100.000

_________._____ _________._____

0145 501032

High Early Strength Portland Cement CY

20.000

_________._____ _________._____

0150 502002

PCC Base CY

200.000

_________._____ _________._____

0155 505032

Repair PCC Pavement POTHOLEREPAIR OF PCC PAVEMENT/PUNCHOUT REPAIR

CY

20.000

_________._____ _________._____

0160 506002

PCC Bus Stop Pad ITEM #506-003 CY

100.000

_________._____ _________._____

0165 612002

Maintenance of Highway Traffic LUMP SUM _________._____LUMP SUM

0170 612054

Thermoplastic Pavement Marking, 4 Inch LF

100.000

_________._____ _________._____

0175 612056

Thermoplastic Pavement Marking, 4 InchDash

LF

10,000.000

_________._____ _________._____

0180 612058


500.000

_________._____ _________._____

0185 612060


LF

500.000

_________._____ _________._____

0190 612062


100.000

_________._____ _________._____

0195 612064

Thermoplastic Pavement Marking, 12Inch

LF

500.000

_________._____ _________._____



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UnitsDescription

Item IDProposal


0200 612066


LF

50.000

_________._____ _________._____

0205 612068

Thermoplastic Pavement Letter EACH

30.000

_________._____ _________._____

0210 612070

Thermoplastic Pavement Arrow EACH

15.000

_________._____ _________._____

0215 612074

Thermoplastic Pavement BicycleMarking, 4 Foot

EACH

5.000

_________._____ _________._____

0220 612076


EACH

5.000

_________._____ _________._____

0225 612078

Flexible Delineators for Bicycle Lane EACH

10.000

_________._____ _________._____

0230 612084

Painted Lane Marking, 4 Inch LF

50.000

_________._____ _________._____

0235 612100

Portable Changeable Message Sign EACH

5.000

_________._____ _________._____

0240 612993

Traffic Control Special Item - EACH -ITEM # 612077 BICYCLE LANESYMBOL 8'X4' WITH 4' X 3'-6"CHEVRONS

EACH

5.000

_________._____ _________._____

0245 612993

Traffic Control Special Item - EACH -ITEM # 612081 BICYCLE LANESYMBOL - CHEVRONS

EACH

5.000

_________._____ _________._____

0250 612993

Traffic Control Special Item - EACH -ITEM #612 079 BICYCLE LANESYMBOL IN BIKE BOXES 6' X 3'-6"

EACH

10.000

_________._____ _________._____



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UnitsDescription

Item IDProposal


0255 612993

Traffic Control Special Item - EACH -ITEM #612 087 REMOVE/ RELOCATENEWSLETTER STAND

EACH

3.000

_________._____ _________._____

0260 612993

Traffic Control Special Item - EACH -ITEM #612083 REMOVE/ RESETEXISTING DC LAW (PEDESTRAINWALK) SIGN

EACH

3.000

_________._____ _________._____

0265 612993

Traffic Control Special Item - EACH -ITEM #612085 REMOVE/ REPLACEDAMAGED DC LAW (PEDESTRIANWALK) SIGN

EACH

3.000

_________._____ _________._____

0270 616995

Traffic Signing Special Item - EACH -ITEM # 616 049 SURFACE MOUNTFLEXIBLE POST ON INVISIBLE BASE

EACH

20.000

_________._____ _________._____

0275 616995

Traffic Signing Special Item - EACH -ITEM #616 047 SURFACE MOUNTFLEXIBLE POST

EACH

50.000

_________._____ _________._____

Section: 0001 _________._____Total:



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0280 000106


LF

1,500.000

_________._____ _________._____

0285 000106


LF

500.000

_________._____ _________._____

0290 000106

Materials Special Item - LF - iTEM # 616061 PREFORMED HIGH CONTRASTTAPE, 12 INCH

LF

250.000

_________._____ _________._____

0295 000112

Materials Special Item - TON -AGGREGATE BASE COURSE

TON

100.000

_________._____ _________._____

0300 000508

Unassigned Special Item -HR -STANDBY TIME

HR

25.000

_________._____ _________._____

0305 000516

Unassigned Special Item -TON -SPEEDBUMP

TON

50.000

_________._____ _________._____

0310 108002

Mobilization LUMP SUM _________._____LUMP SUM

0315 108991

Progress Photographs - Special ItemITEM 108 005 VIDEO OF JOB SITELOCATIONS

LUMP SUM _________._____LUMP SUM

0320 202002

Common Excavation CY

100.000

_________._____ _________._____

0325 202004

Hard Surface Pavement Excavation CY

100.000

_________._____ _________._____

0330 204002

Embankment Fill CY

100.000

_________._____ _________._____



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0335 204004

Borrow Embankment Fill CY

100.000

_________._____ _________._____

0340 311016

Furnish Sewer-Water Manhole Frame EACH

5.000

_________._____ _________._____

0345 311020

Manhole Adapter Ring EACH

10.000

_________._____ _________._____

0350 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 003 ADJUST SEWER-WATERMANHOLE FRAME AND CONVER 48INCH

EACH

10.000

_________._____ _________._____

0355 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 005 RESET SEWER-WATERMANHOLE FRAME AND COVER 48INCH

EACH

10.000

_________._____ _________._____

0360 311991

Adjust,Rebuild&ReplaceManhole&Catchbasin- Special Item -EA-ITEM 311 007 FURNISH SEWER-WATER MANHOLE FRAME ANDCOVER 48 INCH

EACH

10.000

_________._____ _________._____

0365 402010


TON

5,000.000

_________._____ _________._____

0370 402010


TON

2,500.000

_________._____ _________._____



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0375 402010

HMA Surface Course, 12.5 mm HMASURFACE COURSE 12.5MM/GREATER THAN 300 TON PERLOCATION

TON

2,500.000

_________._____ _________._____

0380 403002

Tack Coat SY

60,000.000

_________._____ _________._____

0385 407991

Asphalt Patching Special Item - TON -ITEM 407 055 ASPHALT PATCHING /PERMANENT POTHOLE REPAIR

TON

100.000

_________._____ _________._____

0390 407991

Asphalt Patching Special Item - TON -ITEM 407 055 ASPHALT PATCHING /TEMPORARY POTHOLE REPAIR

TON

100.000

_________._____ _________._____

0395 410991


SY

30,000.000

_________._____ _________._____

0400 410991


SY

1,000.000

_________._____ _________._____

0405 410991


SY

30,000.000

_________._____ _________._____

0410 410991


SY

1,000.000

_________._____ _________._____



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0415 501002

Reinforced PCC Pavement CY

100.000

_________._____ _________._____

0420 501032

High Early Strength Portland Cement CY

20.000

_________._____ _________._____

0425 502002

PCC Base CY

200.000

_________._____ _________._____

0430 505032

Repair PCC Pavement POTHOLEREPAIR OF PCC PAVEMENT/PUNCHOUT REPAIR

CY

20.000

_________._____ _________._____

0435 506002

PCC Bus Stop Pad ITEM #506-003 CY

100.000

_________._____ _________._____

0440 612002

Maintenance of Highway Traffic LUMP SUM _________._____LUMP SUM

0445 612054


100.000

_________._____ _________._____

0450 612056


LF

10,000.000

_________._____ _________._____

0455 612058


500.000

_________._____ _________._____

0460 612060


LF

500.000

_________._____ _________._____

0465 612062


100.000

_________._____ _________._____

0470 612064


LF

500.000

_________._____ _________._____



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0475 612066


LF

50.000

_________._____ _________._____

0480 612068

Thermoplastic Pavement Letter EACH

30.000

_________._____ _________._____

0485 612070

Thermoplastic Pavement Arrow EACH

15.000

_________._____ _________._____

0490 612074


EACH

5.000

_________._____ _________._____

0495 612076


EACH

5.000

_________._____ _________._____

0500 612078

Flexible Delineators for Bicycle Lane EACH

10.000

_________._____ _________._____

0505 612084

Painted Lane Marking, 4 Inch LF

50.000

_________._____ _________._____

0510 612100

Portable Changeable Message Sign EACH

5.000

_________._____ _________._____

0515 612993

Traffic Control Special Item - EACH -ITEM # 612077 BICYCLE LANESYMBOL 8'X4' WITH 4' X 3'-6"CHEVRONS

EACH

5.000

_________._____ _________._____

0520 612993

Traffic Control Special Item - EACH -ITEM # 612081 BICYCLE LANESYMBOL - CHEVRONS

EACH

5.000

_________._____ _________._____

0525 612993

Traffic Control Special Item - EACH -ITEM #612 079 BICYCLE LANESYMBOL IN BIKE BOXES 6' X 3'-6"

EACH

10.000

_________._____ _________._____



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0002 Year 1SECTION:



UnitsDescription

Item IDProposal


0530 612993

Traffic Control Special Item - EACH -ITEM #612 087 REMOVE/ RELOCATENEWSLETTER STAND

EACH

3.000

_________._____ _________._____

0535 612993

Traffic Control Special Item - EACH -ITEM #612083 REMOVE/ RESETEXISTING DC LAW (PEDESTRAINWALK) SIGN

EACH

3.000

_________._____ _________._____

0540 612993

Traffic Control Special Item - EACH -ITEM #612085 REMOVE/ REPLACEDAMAGED DC LAW (PEDESTRIANWALK) SIGN

EACH

3.000

_________._____ _________._____

0545 616995

Traffic Signing Special Item - EACH -ITEM # 616 049 SURFACE MOUNTFLEXIBLE POST ON INVISIBLE BASE

EACH

20.000

_________._____ _________._____

0550 616995

Traffic Signing Special Item - EACH -ITEM #616 047 SURFACE MOUNTFLEXIBLE POST

EACH

50.000

_________._____ _________._____

Section: 0002 _________._____Total:

Total Bid: _________._____


Pavement Restoration DCKA-2018-B-0044 Page 4 of 81

B.4.1 Volume Discount

The District seeks a discount the HMA Surface Course Contract Line Item Numbers (CLINs) items. The Pay Item Schedule includes three (3) tiers of pricing as described below:

Tier 1: 0 – 149

Tier 2: 150 – 300

Tier 3: 300 or greater The District anticipates more than one location per Task Order. For the purposes of evaluation only, the District has provided an estimate quantity for each Tier based on the number of locations (not Task Orders) for each tiered CLIN.

Pricing for HMA Surface Course will be priced based on the cumulative volume required per Task order. For example, if Task Order A requires 400 Tons, all HMA Surface Course for Task Order A shall be subject to Tier 3 pricing; if Task Order B requires 200 Tons, all HMA Surface course for Task Order B will be subject to Tier 2 pricing.

Bidders must provide pricing for all tiers. To be responsive to this bid, the price for Tier 2 must be less than the price for Tier 1; the price for Tier 3 must be less than the price for Tier 2. Bids that do not meet the requirements of this paragraph will be rejected as non-responsive.

B.5 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.

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


SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE: SECTION C: SCOPE & SPECIFICATIONS

C.1.1 The contractor shall perform all work in accordance with the 2013 edition of the

District of Columbia, Department of Transportation Standard Specifications for

Highways and Structures and the 2015 Edition of the Standard Drawings..

C.1.2 Work under this contract consists of local roads pavement restoration in the area

bordered by the Anacostia/ Kenilworth/ I-295, Eastern Ave. and Southern Ave. The

contractor shall perform the following tasks:

a. Resurface asphalt roads, reconstruct portland cement concrete roads,

reconstruct pavement sub grade, adjust manhole covers, perform roadway

striping, post required emergency no parking signs, follow and apply traffic

control standards and perform pothole repairs.

C.1.3 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

DDOT Standard Drawings, 2015

DC Water Standard Specifications, 2018

DDT Work Zone Temporary Traffic Control Manual, 2006

C.2 SPECIFICATIONS

The Contractor shall perform all work in accordance with the standard specifications as

modified in this Contract. Supplementations or modifications to, or substitutions for,

standard specifications provisions applicable to individual contract line item number

(CLIN) are set forth in this Section C and elsewhere in the IFB. 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 standard

specifications provision identified in the Item Description for the CLIN and any other

applicable terms of the Contract.

C.2.1 SEQUENCE OF CONSTRUCTION

The Engineer will provide a list with paving locations for a task order. Usually a $4 Million

task order will have 100 blocks to be completed. The majority of the locations have no

more than 3 consecutive blocks. The Contractor will need to mobilize an estimated 30

times during the work on a task order.

The Contractor will submit to the Engineer a detailed scheduled of work locations 2 weeks

in advance of construction. The Engineer will approve the schedule and will distribute

resident notices to the residents that will be impacted by construction. The resident

notices are required to be delivered 7 days in advance of construction. The Contractor will

be required to post 2 signs per location size- 4ft by 4ft, notifying residents of scheduled

work.

The Engineer will open up locations in the DDOT TOPS system after resident notices are

distributed. The Contractor will be required to obtain access to the DDOT TOPS system,

print Emergency No Parking Signs and post with a minimum 72 hr period before

construction is to begin. The Contractor will be required to commence work after the ENP

signs are posted in no less than 5 days. The Contractor payment will be reduced by

$2,000.00 for each day or portion of a day that work is delayed. The reduced payment

shall not exceed $2,000.00 regardless of the number of locations delayed. If there are

circumstance beyond the control of the Contractor which prevent work from being

performed this requirement will be waived.

The Contractor will arrive to the job site and will notify the Engineer if resident vehicles

are parked at ENP locations. The Engineer will coordinate with DPW the relocation of the

vehicles in restricted parking locations.

If the vehicles are not relocated in a timely manner and cause delay to the Contractor, the

Contractor will be reimbursed for standby time with Item 000508 STANDBY TIME. The

Contractor must notify the Engineer when standby time begins and ends. The Contractor


must have a representative of the Engineer on site to verify the beginning and ending of

standby time.

C.2.2 MINIMUM PRODUCTION

In order to meet the District’s future goals of the PaveDC program the Contractor will require a minimum production of $500,000 invoiced every month. C.2.3 MINIMUM PRODUCTION MARKUP ASPHALT The Contractor will receive the following price adjustment per location based on total tons of asphalt used. One location will be considered a work area that the Contractor has mobilized to. Any location that requires an additional mobilization will be considered a separate work area. A mobilization is when a contractor needs to move equipment with a low boy or a tractor trailer and is considered more than a couple of blocks distance to another work location.

- 0-99 Tons – 30% markup - 100-150 Tons- 25% markup - 151-300 Tons – 15% markup - More than 300 Tons – no markup

C.2.4 WORK HOURS

The Contractor will be allowed a minimum 10 hr work day for each location. If for any reason the Contractor has scheduled a location and a 10 hr work day is not possible. The Engineer will reimburse the Contractor with Item 000508 STANDBY TIME for lost production.

C.2.5 PAVEMENT DEPTH

The Engineer will direct the Contractor on the specified depth of resurfacing/ reconstruction for asphalt and PCC pavement. There will be no tolerance for any pavement depth below specified. Any pavement below the specified depth will be rejected. There will be no additional payment for any material placed over the specified depth.

C.2.6 POTHOLE REPAIR ASPHALT PAVEMENT

Work requests are made on a callout basis. Begin physical repair within 24 hr. of notification. Pothole repair shall not exceed 15 SY per location.

C.2.6.1 Temporary Repair

Remove loose and foreign material from the repair area. Remove water, dry, and apply tack coat to surfaces of the repair area unless otherwise directed.


Place repair material in horizontal lifts as directed. Finish to grade and compact to conform to roadway surface. Compact with hand tamp, mechanical tampers, or rollers as directed or approved. Compact to achieve full consolidation.

Repair pavement edges to the line and grade of the original pavement. Clean roadway surface after repair operations. Dispose of material removed as directed or approved.

C.2.4.2 Permanent Repair

Square the sides of the repair area by saw-cutting or other approved methods. Remove loose and foreign material. Excavate as directed by the Engineer but more than 1’ from bottom of pothole. Clean and dry the repair area. Apply tack coat to the surfaces of the repair area unless otherwise directed.

Place repair material in horizontal lifts no more than 3 in. deep. Finish to grade and compact to conform to roadway surface. Compact with hand tamp, mechanical tampers, or rollers as directed or approved. Compact to achieve full consolidation.

Repair pavement edges to the line and grade of the original pavement. Clean roadway surface after repair operations. Dispose of material removed as directed or approved.

C.2.7 POTHOLE REPAIR PCC PAVEMENT C.2.7.1 Permanent Repair A PCC pothole repair shall not exceed 15 SY per location. Contractor shall follow standard drawings 501-06- 501.10. All work specified in the drawings shall be paid for by this item including excavation, saw cutting, placement of base course up to a 1’ depth and disposal of demolished and excavated materials.

C.2.8 SPEEDBUMPS Contractor shall build speed bumps as required in the standard drawings 605.15. Item 00516 SPEEDBUMP shall include in the payment the required striping for speed bumps as specified in drawing 605.15.

C.2.9 HIGH EARLY STRENGTH CONCRETE Contractor will be reimbursed for this item when an item will require the substitution of a concrete mix in order to obtain a shorter curing time for concrete pavement or base. This item will be in addition to the item it is being used in conjunction. C.2.10 PAVEMENT PROFILING MILLING


Contractor will be directed to mill a specific depth per job site location. This item will pay for the total depth specified. For example if the specified depth is 3 inches. PAVEMENT PROFILING (MILLING) 3 INCH TOTAL DEPTH will be used for payment.

C.2.11 TRAFFIC CONTROLS

The Contractor shall coordinate with the Engineer a traffic control plan 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 requirements in the District of Columbia Standard Specifications for Highways and Structures, 2013. The Contractor shall be responsible for furnishing, installing, maintaining and removing all required traffic control devices during working and non-working hours.

C.2.12 PROGRESS PHOTOGRAPHS, ITEM 108 991

This supplements section 108.10

The Contractor shall furnish a video recording of every job location at the end of every pay period. The video will be of sufficient resolution to determine the previous condition of the roadway and surroundings to verify any claims to the District. There will be no submission of pictures required.

C.2.13 WATER AND SEWER AUTHORITY SPECIFICATIONS

The D.C. Water and Sewer Authority (WASA) Specifications and Standard Drawings are to be used when adjusting sanitary storm and sanitary sewer manhole covers.

C.2.14 SURFACE MOUNT FLEXIBLE POST Item 616 047

C.2.14.1 General

Work includes furnishing and installing Surface Mount Flexible Posts on heavy duty base or on invisible flush mount, at locations as directed by the Engineer.

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. The FG 300 UR is the "industry Workhorse" and can sustain numerous hits at high speeds. 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 include all labor, equipment, material and incidentals necessary for installation of flexible post.

C.2.15 PREFORMED HIGH CONTRAST TAPE PREFORMED HIGH CONTRAST TAPE. 4 INCH, PREFORMED HIGH CONTRAST TAPE, 6 INCH, PREFORMED HIGH CONTRAST TAPE, 12 INCH, This S.P. supplements and modifies 616.14.

C.2.15.1 General -Work under this item shall consist of furnishing and installing retroreflective preformed patterned contrast pavement markings in accordance with this provision and in reasonably close conformance to the dimensions and lines shown on the contract drawings on permanent PCC Pavement or established by the Engineer.

Materials -The preformed patterned contrast markings shall consist of white or

yellow films with clear and/or yellow-tinted microcrystalline ceramic beads incorporated to provide immediate and continuing retroreflection and a black preformed patterned film border, bonded to the edges to form a continuous roll. These films shall be manufactured without the use of lead chromate pigments or other similar, lead-containing chemicals.

The total width of the preformed contrast tape shall be an additional three inches wider than the standard width specified. This additional three inch width shall be a black non-reflective film with one and a half inches on both sides of the white or yellow film.

The preformed markings shall be capable of being adhered to light-colored asphalt cement concrete (ACC) or Portland cement concrete (PCC) by a precoated pressure sensitive adhesive. A primer shall be used to precondition the pavement surface. The preformed contrast markings shall conform to pavement contours by the action of traffic. The pavement marking film also shall be capable of application on new, dense and open grade asphalt concrete wearing courses in accordance with the manufacturer's instructions. Following proper priming, application, and tamping, the markings shall be immediately


ready for traffic. The bidder, when bidding, shall identify proper solvents and/or primers to be applied at the time of application, all equipment necessary for proper application, and recommendations for application that will assure effective product performance. The preformed contrast markings shall be suitable for use for one year after the date of receipt when stored in accordance with the manufacturer's recommendations.

Composition: The retroreflective, patterned pliant polymer pavement markings shall consist of a mixture of high-quality polymeric materials, pigments and glass beads distributed throughout its base cross-sectional area, with a reflective layer of microcrystalline ceramic beads bonded to a durable polyurethane topcoat surface. The patterned surface shall have approximately 50% +or-15% of the surface area raised and presenting a near vertical face (angle of 0° to 60°) to traffic from any direction (see diagram below). The channels between the raised areas shall be substantially free of exposed beads of particles.

Reflectance: The white and yellow portion of the markings shall have the following initial expected retroreflectance values as measured in accordance with the testing procedures of ASTM D406l. The photometric quantity to be measured shall be coefficient of retroreflected luminance (RL) and shall be expressed as millicandelas per square foot per foot-candle [(mcd · ft-2) · fc-l]. The metric equivalent shall be expressed as millicandelas per square meter per lux [(mcd · m -2) · lx-l]. The test distance shall be 50 feet.

EXPECTED INITIAL RETROREFLECTANCE

White Yellow

Entrance Angle 86.0 o 86.5 o 88.8 o 86.0o 86.5 o * 88.8 o

Observation Angle 0.2 o 1.0 o 1.05 o 0.2 o 1.0 o 1.05 o

Retroreflected luminance RL [(mcd · ft-2) · fc-l]

1100 700 500 800 500 300

* These retroreflectance values are based on dark room photometric readings per ASTM D4061.


The Ecolux Retroreflectometer measurement geometry uses an 86.5 o entrance angle and 1.0 o observation angle. Beads: Index of Refraction: All microcrystalline ceramic beads bonded to the polyurethanecoated, patterned surface of the material shall have a minimum index of 1.75 when tested using the liquid oil immersion method. The glass beads mixed into the pliant polymer shall have a minimum index of refraction of 1.5 when tested by the liquid oil immersion method. TESTING PROCEDURE FOR REFRACTIVE INDEX OF BEADS BY LIQUID IMMERSION

I. EQUIPMENT REQUIRED: A. Microscope (minimum 100X magnification) B. Light source - preferably sodium light or other monochromatic source, but not absolutely essential C. Refractive index liquids* D. Microscope slide and slide cover E. Mortar and pestle *Available from R.P. Cargille Laboratories, Inc., Cedar Grove, NJ. II. PROCEDURE: A. Using the mortar and pestle, crush a few representative beads and place a few of these crushed particles on a microscope slide. B. Place a drop of a refractive index liquid, with an index as close to that of the glass as can be estimated, on the particles. C. Cover the slide with a microscope slide cover and view the crushed particles by transmitted light normal to the slide surface (illuminated from the bottom). D. Adjust the microscope mirror to allow a minimum light intensity for viewing. This is particularly important if sodium light is not used. E. Bring a relatively flat and transparent particle into focus. F. By slightly raising and lowering the objective (microscope tube), look for one or both of the following: Becke Line - This light line will appear to move either into the particle or away from it. In general, if the objective is raised, the line will move


toward the material of higher refractive index, if the objective is lowered, the line will move toward the material of lower index. 2. Variation in Particle Brightness - When raising the object from a sharp focus, the particle will appear to get brighter or darker that the surrounding field. If it becomes brighter, the glass has a higher refractive index that the liquid. If it becomes darker, the glass has a lower refractive index than the liquid. In both cases, the opposite will be true if the object is lowered. G. This test can be used to confirm that the beads are, above or below a specified index. It can also be used to give an accurate determination of the index (+ or - 0.001). This is done by using several refractive index liquids until a match or near match of indices occurs. The index of the glass will equal that of the liquid when no Becke line and no variation in bead brightness can be observed. The size and quality of the beads shall be such that the performance requirements for the retro reflective pliant polymer shall be met. Acid Resistance: The beads shall show resistance to corrosion of their surface after exposure to a 1% solution (by weight) of sulfuric acid. The 1% acid solution shall be made by adding 5.7cc of concentrated acid into 1000 cc of distilled water. CAUTION: Always add the concentrated acid into the water, not the reverse. The test shall be performed as follows: Take a 1" x 2" sample, adhere it to the bottom of a glass tray and place just enough acid solution to completely immerse the sample. Cover the tray with a piece of glass to prevent evaporation and allow the sample to be exposed for 24 hours under these conditions. Then decant the acid solution (do not rinse, touch or otherwise disturb the bead surfaces) and dry the sample while adhered to the glass tray in a 150oF (66°C) oven for approximately 15 minutes. Microscopic examination (20X) shall show no more that 15% of the beads having a formation of a very distinct opaque white (corroded) layer on their entire surface. Color: The preformed markings shall consist of white and yellow films with pigments elected and blended to conform to standard highway colors and a black preformed patterned film border.

Measure & Payment - Supplementing 616.15(E), payment will be made to include performance of work specified herein.


SECTION D: PACKAGING AND MARKING

Not Applicable.


SECTION E: INSPECTION AND ACCEPTANCE

The inspection and acceptance requirements for this Contract shall be governed by

Section 105.13, Inspection – Acceptance, of the Standard Specifications for Highways and

Structures (2013).


SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of three hundred sixty five (365) consecutive

calendar days from date of Contract Award. For the purposes of Sections 108.08,

“Determination of Time and Substantial Completion, “Term of Contract” is the “Contract

Time.”

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of (1) Option Period,

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 (CO) prior to expiration of the contract.

F.2.2 If the District exercises this option, the extended contract shall be considered to

include this option provision.

F.2.3 The price for the option period(s) shall be as specified in the Section B of the

contract.

F.2.4 The total duration of this contract, including the exercise of any options under

this clause, shall not exceed two (2) years.

F.3 PERIOD OF PERFORMANCE

In accordance with Section 108.09, “Substantial Completion and Final Acceptance,” the

following periods of performance apply to this Contract:


A. Substantial Completion Date. Unless the Task Order specifies a different time,

Substantial Completion is 30 Calendar Days before Final Acceptance.

B. Final Acceptance Date. A Final Acceptance Date will be included in individual Task

Orders.

F.3 DELIVERABLES

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

District’s requirements and submit each deliverable to the Contract Administrator

identified in section G.9 in accordance with the following:

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:

A. 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, 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. 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 create and submit payment requests in an electronic format

through the DC Vendor Portal, https://vendorportal.dc.gov.

B. The Contractor shall submit proper invoices on a monthly basis or as otherwise

specified in Section G.4.


C. To constitute a proper invoice, the Contractor shall enter all required information into

the Portal after selecting the applicable purchase order number which is listed on the

Contractor’s profile.

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 RESERVED

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:

Thomas Gard

Office of Contracting and Procurement

55 M street SE, 7th floor Suite 714

(202) 671-2341

[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.

mailto:[email protected]


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 is: TBD

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;


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 is bound herein and contains the specific

applicable wage rate(s) which is:

“Paving and Incidentals”

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.

A. 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.

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.

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

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


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. A prime contractor that is a certified joint venture 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 contracting effort with its own organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be with CBEs. A certified joint venture prime contractor that performs less than 50% of the contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.

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 Washington, DC 20005

Director - DSLBD 441 4th Street, NW, Suite 850 North Washington, DC 20001

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”)

Division 100 is incorporated by reference. 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 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

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


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 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- / VIII or higher. The

Contractor shall require all of its subcontractors to carry the same insurance required

herein.

All required liability policies shall include the District of Columbia as an additional

insured and shall contain a waiver of subrogation.

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 the higher limits maintained by the Contractor and/or

subcontractors. Any available insurance proceeds in excess of the specified minimum

limits of insurance and coverage shall be available to the District.

1. Commercial General Liability Insurance. The Contractor shall carry $1,000,000 per

occurrence limits; $2,000,000 aggregate; Bodily Injury and Property Damage

including, but not limited to: premises-operations; broad form property damage;

Products and Completed Operations; Personal and Advertising Injury; contractual

liability, and independent contractors.

2. Automobile Liability Insurance. The Contractor shall maintain automobile liability

insurance to cover all owned, hired or non-owned motor vehicles used in

conjunction with the performance of this contract. The policy shall provide a


$1,000,000 per occurrence combined single limit for bodily injury and property

damage.

3. Workers’ Compensation Insurance. The Contractor shall provide 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 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.

4. Environmental Liability Insurance - The Contractor shall provide evidence

satisfactory to the CO of pollution legal liability insurance covering losses caused

by pollution conditions that arise from the ongoing or completed operations of

the Contractor. Completed operations coverage shall remain in effect for at least

ten (10} years after completion of the work. Such insurance shall apply to bodily

injury, property damage (including loss of use of damaged property or of property

that has been physically injured), cleanup costs, liability and cleanup costs while in

transit, and defense (including costs and expenses incurred in the investigation,

defense and settlement of claims). There shall be neither an exclusion nor a

sublimit for mold-related claims. The minimum limits required under this

paragraph shall be equal to the greater of (i) the limits set forth in the Contractor's

pollution legal liability policy or (ii) $2,000,000 per occurrence and $2,000,000 in

the annual aggregate. If such coverage is written on a claims-made basis, the

Contractor warrants that any retroactive date applicable to coverages under the

policy precedes the Contractor's performance of any work under the Contract and

that continuous coverage will be maintained or an extended reporting period will

be exercised for at least ten (10) years after completion. The Contractor also must

furnish to the Owner certificates of insurance evidencing pollution legal liability

insurance maintained by the transportation and disposal site operators(s) used by

the Contractor for losses arising from facility(ies) accepting, storing or disposing

hazardous materials or other waste as a result of the Contractor's operations. Such

coverages must be maintained with limits of at least the amounts set forth above.

6. Commercial Umbrella or Excess Liability- The Contractor shall provide evidence

satisfactory to the CO of commercial umbrella or excess liability insurance with

minimum limits equal to the greater of (i) the limits set forth in the Contractor's


umbrella or excess liability policy or (ii) $10,000,000 per occurrence and

$10,000,000 in the annual aggregate, following the form and in excess of all

liability policies. All liability coverages must be scheduled under the umbrella

and/or excess policy. 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 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.

D. DURATION. The Contractor shall maintain all required insurance until all contract work

is accepted by the District of Columbia. The Contractor shall maintain General Liability

and any required Professional Liability, Environmental Liability, Cyber Liability,

Umbrella Liability, and Employment Practices Liability insurance for five (5) years

following final acceptance of the work performed under this contract.


E. LIABILITY. These are the required minimum insurance requirements established by

the District of Columbia. HOWEVER, THE MINIMUM INSURANCE REQUIREMENTS

PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT THE CONTRACTOR’S LIABILITY

UNDER THIS CONTRACT.

F. INSURER NOTIFICATION REQUIREMENT. Each insurance policy shall contain the

following binding endorsement: “Insurer shall provide the Contracting Officer with at

least thirty (30) days prior written notice in the event coverage is or will be canceled.”

G. 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.

H. 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.

I. NOTIFICATION OF CHANGES TO INSURANCE. 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

any of its insurance coverage renew during the contract.

J. SUBMISSION OF CERTIFICATES OF INSURANCE. Prior to commencing work, the

Contractor shall have its insurance broker or insurance company submit to the

Contracting Officer certificates of insurance giving evidence of the required coverage

specified in this section, and as necessary during the term of this contract. Each

certificate of insurance must identify the contract or solicitation number.

K. 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.

I.11 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.12 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.13 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.14 RESERVED

I.15 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.16 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.17 PERFORMANCE AND PAYMENT SECURITY

Standard Specifications Section 103 Article 12 (B) & (C) apply to this contract.

I.18 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.19 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

the Contract, unless that understanding or representation is expressly stated in the

Contract.

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I.20 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.

(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.21 CONVICT LABOR (18 USC 438)


Convict labor shall not be used on the Contract unless otherwise provided by law.

I.22 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.

(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.

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


(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.23 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

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.




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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.24 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 attachments are incorporated into the Solicitation.

Attachment

Number Document

J.1 U.S. Department of Labor Wage Determination DC180001, Modification No.

14, dated 09/07/2018

J.2

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

Required Solicitation Documents at OCP.gov/Opportunities &

Support/Required Solicitation Documents/”Required Attachments”.

J.3

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

available at OCP Required Solicitation Documents at OCP.gov/Opportunities

& Support/Required Solicitation Documents/”Required Attachments”.

J.4

Subcontracting Plan available at OCP Required Solicitation Documents at

OCP.gov/Opportunities & Support/Required Solicitation

Documents/”Additional Attachments That May Be Required”.

J.5

DOES First Source Employment Agreement for Construction available at OCP

Required Solicitation Documents at OCP.gov/Opportunities &

Support/Required Solicitation Documents/”Additional Attachments That

May Be Required”.

J.6

First Source Initial Employment Plan available at OCP Required Solicitation

Documents at OCP.gov/Opportunities & Support/Required Solicitation

Documents/”Additional Attachments That May Be Required” – Initial

Employment Plan (for solicitations valued over $5M).

J.7 DC Water Design and Construction Standards (WASA) available at

https://www.dcwater.com/design-and-construction-standards

J.8

Tax Certification Affidavit available at OCP Required Solicitation Documents

at OCP.gov/Opportunities & Support/Required Solicitation

Documents/”Required Attachments”.

J.9

Bidder/Offeror Certification available at OCP Required Solicitation

Documents at OCP.gov/Opportunities & Support/Required Solicitation


J.10 Equal Employment Opportunity Employer Information Report and Mayor’s

Order 85-85 available at OCP Required Solicitation Documents at

https://ocp.dc.gov/page/required-solicitation-documents-ocp








https://www.dcwater.com/design-and-construction-standards






Attachment

Number Document

OCP.gov/Opportunities & Support/Required Solicitation


J.11

DDOT Standard Specifications for Highways & Structures, 2013; DDOT

Standard Drawings, 2015; and DDOT Work Zone Temporary Traffic Control

Manual, 2006 are available at https://ddot.dc.gov/page/standards-and-

guidelines

J.12 Bid Bond Certification Form

J.13 Past Performance Evaluation Form

J.14 Contract Compliance Documents & Certification Plan

https://ddot.dc.gov/page/standards-and-guidelines

https://ddot.dc.gov/page/standards-and-guidelines


SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF BIDDERS

Bidder/Offeror Certification Form

Available at http://ocp.dc.gov,

under Quick Links click on “Required Solicitation Documents” (Attached, Next Page).

http://ocp.dc.gov/


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 shall award one or more Task Orders pursuant to this IDIQ. Each Task Order

shall be awarded upon a competitive basis.

C. Pursuant to the stepped pricing in paragraph B.4.1, Bidders must provide pricing for all

tiers. To be responsive to this bid, the price for Tier 2 must be less than the price for

Tier 1; the price for Tier 3 must be less than the price for Tier 2. Bids that do not meet

the requirements as outlined in paragraph B.4.1 will be rejected as non-responsive.

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. 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.

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 2:00 P.M. local time on October 26, 2018.

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.




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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 August 31, 2018 (5) days prior to the closing date and time

indicated for this solicitation. The District will not consider any questions received less

than 5 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:

N/A

2. At a minimum, the apparent low bidder must provide the following evidence:

N/A

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%)


4. A local business enterprise certified by DSLBD will receive a two percent (2%)


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%)


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 TOTAL EVALUATED PRICE

The District intends to award a single IDIQ contract resulting from this Solicitation to the lowest evaluated responsive and responsive Bidder subject to the conditions herein.


J.1

U.S. DEPARTMENT OF LABOR WAGE DETERMINATION

General Decision Number: DC180001 10/19/2018 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

2 03/23/2018

3 04/20/2018

4 05/04/2018

5 05/11/2018

6 06/29/2018

7 07/06/2018

8 07/20/2018

9 07/27/2018

10 08/03/2018

11 08/10/2018

12 08/17/2018

13 08/24/2018

14 09/07/2018

15 09/28/2018

16 10/19/2018

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

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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 04/29/2018

Rates Fringes

Bricklayer......................$ 31.36 10.78

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BRMD0001-004 04/29/2018

Rates Fringes

BRICKLAYER

Refractory (Firebrick)......$ 38.82 11.35

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CARP0197-010 05/01/2018

Rates Fringes

Carpenter/Lather.................$ 28.71 12.08

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CARP0219-001 05/01/2018

Rates Fringes

MILLWRIGHT.......................$ 34.24 11.23

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CARP0441-001 05/01/2018

Rates Fringes

PILEDRIVERMAN....................$ 30.94 11.45

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CARP0441-003 05/01/2018

Rates Fringes

DIVER TENDER.....................$ 33.41 11.45

DIVER............................$ 42.09 11.45

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ELEC0026-001 06/04/2018

Rates Fringes

Electricians.....................$ 45.45 18.01

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ELEC0070-001 05/07/2018

Rates Fringes

Line Construction:

Cable Splicers..............$ 38.63 19%+5.75

Equipment Operators.........$ 38.63 19%+5.75

Groundmen...................$ 17.97 19%+5.75

Linemen.....................$ 38.63 19%+5.75

Truck Driver................$ 20.43 19%+5.75

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ENGI0077-001 05/01/2017

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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 07/01/2018

Rates Fringes


(SEWER, GAS AND WATER LINE

CONSTRUCTION)

GROUP 1.....................$ 33.67 7.85+a

GROUP 2.....................$ 27.72 7.85+a

GROUP 3.....................$ 27.29 7.85+a

GROUP 4.....................$ 25.65 7.85+a

GROUP 5.....................$ 21.51 7.85+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 06/01/2018

Rates Fringes

Laborers: (HEAVY AND HIGHWAY

AND SEWER & WATER LINES

CONSTRUCTION)

GROUP 1.....................$ 25.35 8.32

GROUP 2.....................$ 26.00 8.32

GROUP 3.....................$ 26.00 8.32

GROUP 4.....................$ 26.20 8.32

GROUP 5.....................$ 26.77 8.32

GROUP 6.....................$ 27.50 8.32

GROUP 7.....................$ 28.20 8.32

GROUP 8.....................$ 29.14 8.32

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 06/01/2018

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....................$ 21.64 8.32

Skilled Toxic and

Hazardous Waste Removal

Laborers....................$ 24.54 8.32

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LABO0011-005 06/01/2018

Rates Fringes

Laborers: (TUNNEL, RAISE &

SHAFT (FREE AIR)

FOR HEAVY AND SEWER & WATER

LINES CONSTRUCTION)

GROUP 1.....................$ 26.28 8.32

GROUP 2.....................$ 27.14 8.32

GROUP 3.....................$ 29.29 8.32

GROUP 4.....................$ 30.21 8.32

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 06/01/2018

Rates Fringes

Laborers: (TUNNEL, RAISE AND

SHAFT (COMPRESSED AIR) FOR

HEAVY CONSTRUCTION ONLY

Gauge Pressure Work Period

(Pounds) (Hours)

1-14 7...........$ 35.20 8.32

14-18 6...........$ 41.42 8.32

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

PSI, work periods and rates should be negotiated at a

pre-bid conference.

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LABO0011-007 09/01/2018

Rates Fringes

Laborers: (PAVING AND

INCIDENTAL GRADING)

Asphalt Raker & Concrete

Saw Operator................$ 20.52 7.27

Asphalt Shoveler............$ 19.65 7.27

Asphalt Tamper & Concrete

Shoveler....................$ 20.14 7.27

Jack Hammer.................$ 20.17 7.27

Laborer.....................$ 19.47 7.27

Sand Setter & Form Setter...$ 21.19 7.27

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LABO0011-008 06/01/2018

Rates Fringes

LABORERS (BRICK MASONRY WORK)

Mason Tenders...............$ 17.60 8.32

Scaffold Builders,

Mortarmen...................$ 18.67 8.32

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MARB0002-003 04/29/2018

Rates Fringes

Marble & Stone Mason

Includes Pointing,

Caulking and Cleaning of

All Types of Masonry,

Brick, Stone and Cement

Structures..................$ 37.91 17.08

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

MARB0003-001 04/29/2018

Rates Fringes

Mosaic & Terrazzo Worker,

Tile Layer.......................$ 28.20 11.67

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MARB0003-004 04/29/2018

Rates Fringes

Marble, Tile & Terrazzo

Finisher.........................$ 23.28 10.72

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* PAIN0051-001 06/01/2018

Rates Fringes

Painters:

All Industrial Work.........$ 31.10 11.48

Bridges, Heavy Highway,

Lead Abatement and

Flame/Thermal Spray.........$ 38.03 12.28

Commercial and Mold

Remediation, Painters,

Wallcovers and Drywall

Finishers...................$ 25.06 9.76

Metal Polishing and

Refinishing.................$ 26.06 9.76

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PLAS0891-001 02/01/2018

Rates Fringes

Cement Masons:

HEAVY CONSTRUCTION ONLY.....$ 28.15 10.58

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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

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PLUM0005-001 08/01/2018

Rates Fringes

Plumbers.........................$ 42.92 18.15+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.

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PLUM0602-005 08/01/2018

Rates Fringes

Steamfitter, Refrigeration &

Air Conditioning Mechanic........$ 41.64 21.57+a

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


Veterans Day, Thanksgiving Day and the day after

Thanksgiving and Christmas Day.

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SHEE0100-001 07/01/2018

Rates Fringes

Sheet Metal Worker...............$ 40.27 20.34+a

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


Veterans Day, Thanksgiving Day and Christmas Day

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TEAM0639-001 06/01/2018

Rates Fringes

Truck drivers: (HEAVY &

HIGHWAY CONSTRUCTION)

Tractor trailer, Low Boy....$ 26.00 5.11+a

Truck Drivers...............$ 24.00 5.11+a

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

vacation after one (1) year of service.

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TEAM0639-005 06/01/2018

Rates Fringes

Truck drivers: (PAVING &

INCIDENTAL GRADING)

All paving projects where

the grading is incidental

to the paving...............$ 24.00 5.11+a

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

vacation after one (1) year of service.

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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)).

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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


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


J.2

WAY TO WORK AMENDMENT ACT OF 2006 – LIVING WAGE NOTICE

(Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.3

WAY TO WORK AMENDMENT ACT OF 2006 – LIVING WAGE FACT SHEET NOTICE

(Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.4

SUBCONTRACTING PLAN

SBE Subcontracting Plan – Revised October November 2014

SBE SUBCONTRACTING PLAN FORM

INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects (agency contracts & private project with District subsidy) over $250,000, shall require at least 35% of the amount of the contract (total amount of agency contract or total private project development costs) be subcontracted to Small Business Enterprises (SBE), if insufficient qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency contracts, options & extensions, it can only be amended with DSLBD’s consent. SUBMISSION OF SBE SUBCONTRACTING PLAN: For agency solicitations - submit to agency with bid/proposal. For agency options & extensions - submit to agency before option or extension exercised. For private projects - submit to DSLBD, agency project manager and District of Columbia Auditor, with each quarterly report. As private projects may not have awarded all contracts at the time the District subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each quarterly report and list all SBE/CBE subcontracts executed by the time of submission. CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the portion of the subcontract performed, at every tier, by a SBE/CBE using its own organization and resources. COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs and CBEs (AT EVERY TIER) MUST BE PROVIDED TO RECEIVE CREDIT. EXEMPTION: If the Beneficiary (Prime Contractor or Developer) is a CBE and will perform the ENTIRE government-assisted project with its own organization and resources and will NOT subcontract any portion of the services and goods, then the CBE is not required to subcontract 35% to SBEs.

BENEFICIARY ( which applies Prime Contractor or Developer) INFORMATION: Company: Contact # Email address: Street Address: all that applies, Company is: a SBE a CBE CBE Certification Number: WILL perform the ENTIRE agency contract or private project with its own organization and resources WILL subcontract a portion of the agency contract or private project

Company’s point of contact for agency contract or private project:

Point of Contact: Title: Contact # Email address: Street Address:

GOVERNMENT-ASSISTED PROJECT ( which applies Agency Contract or Private Project) INFORMATION:

AGENCY SOLICITATION Solicitation Number Solicitation Due Date: Agency : Total Dollar Amount of Contract: $ *Design-Build must include total contract amount for both design and build phase of project. 35% of Total Dollar Amount of Contract: $ Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)

PRIVATE PROJECT District Subsidy: Agency Providing Subsidy: Amount of District Subsidy: Date District Subsidy Provided: Project Name: Project Address: Total Development Project Budget: $ (include pre-construction and construction costs) 35% of Total Development Project Budget: $ Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)


SBE/ CBE SUBCONTRACTORS (FOR EACH TIER):

SBE/ CBE SUBCONTRACTOR INFORMATION: (For design-build projects, the SBE Subcontracting Plan is not required to be submitted for preconstruction services; however, a full SBE Subcontracting Plan (35% of the contract amount including total design and build costs) is required to be submitted before entering into a guaranteed maximum price or contract authorizing construction.) SBE/ CBE Company Address/Telephone No./

Email Subcontractor Tier (1st

, 2nd

, 3rd

, etc.) Description of Subcontract scope of work to be PERFORMED WITH SBE/CBEs OWN ORGANIZATION & RESOURCES

Select Tier

Period of subcontract: Price to be paid to the SBE/CBE Subcontractor: $ all that applies, Subcontractor is:

a SBE a CBE CBE Certification #: SBE/CBE will perform the ENTIRE subcontract with its own

organization and resources SBE/CBE will subcontract a portion of the subcontract (MUST LIST

EACH LOWER TIER SBE/ CBE SUBCONTRACTS)

SBE/ CBE Point of Contact Name: Title: Telephone Number:

Email Address:

SBE/ CBE SUBCONTRACTOR INFORMATION: (For design-build projects, the SBE Subcontracting Plan is not required to be submitted for preconstruction services; however, a full SBE Subcontracting Plan (35% of the contract amount including total design and build costs) is required be to submitted before entering into a guaranteed maximum price or contract authorizing construction.) SBE/ CBE Company Address/Telephone No./

Email Subcontractor Tier (1st

, 2nd

, 3rd

, etc.) Description of Subcontract scope of work to be PERFORMED WITH SBE/CBEs OWN ORGANIZATION & RESOURCES

Select Tier

Period of subcontract: Price to be paid to the SBE/CBE Subcontractor: $ all that applies, Subcontractor is:

a SBE a CBE CBE Certification # SBE/CBE will perform the ENTIRE subcontract with its own

organization and resources SBE/CBE will subcontract a portion of the subcontract (MUST LIST

EACH LOWER TIER SBE/ CBE SUBCONTRACTS)

SBE/ CBE Point of Contact Name: Title: Telephone Number:

Email Address:

I , of , swear or affirm the above is true and accurate (Name) (Title) (Prime Contractor/ Developer)

(Signature) (Date)

Complete additional copies as needed.


AGENCY CONTRACTING OFFICER’S USE ONLY OR AGENCY PROJECT MANAGER’S USE ONLY ( which applies. Only one option should be selected.)

AGENCY CONTRACT AWARD

Agency: Prime Contractor: Contract Number: Date SBE Subcontracting Plan Accepted: Date agency contract signed: Anticipated Start Date of Contract: Anticipated End Date of Contract: Total Dollar Amount of Contract: $ *Design-Build must include total contract amount for both design and build phase of project. 35% of Total Contract Amount: $ Total Amount of All SBE/CBE subcontracts: $ (include every tier) ( if applies)

Base Period Contract -- Option/Extension Period: Multi-year Contract

First year (period) of Contract: Current year (period) of Contract:

Design-Build --Date of Guaranteed Contract:

Check if prime contractor is a CBE and will perform the ENTIRE government-assisted project (agency contract) with its own organization and resources and NOT subcontract any portion of services or goods.

PRIVATE PROJECT SUBSIDY AWARD Agency Providing Subsidy: District Subsidy: Developer: Amount of District Subsidy: Date District Subsidy Provided/ contract signed: Anticipated Start Date of Project: Anticipated End Date of Project: Project Name: Project Address: Total Development Project Budget: $ (include pre-construction and construction costs) 35% of Total Development Project Budget: $ Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)

Check if developer is a CBE and will perform the ENTIRE government-assisted project (private project) with its own organization and resources and NOT subcontract any portion of services or goods.

AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION

( which applies)

The Below Agency Contracting Officer or Agency Project Manager Affirms the following ( to affirm):

If the Beneficiary is a CBE, DSLBD was contacted to confirm Beneficiary’s CBE certification;

The fully executed Contract (Base or Option or Extension or Multi-Year) or subsidy document, between the Beneficiary and Agency, was emailed to DSLBD @ [email protected] within five (5) days of signing;

FOR AGENCY CONTRACT the SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD @

[email protected] within five (5) days of signing the contract between the Beneficiary and Agency.

Name of Agency Contracting Officer or Agency Project Manager

Title of Agency Contracting Officer or Agency Project Manager ________________________ Signature Date


J.5

DOES FIRST SOURCE EMPLOYMENT AGREEMENT FOR CONSTRUCTION

GOVERNMENT OF THE DISTRICT OF COLUMBIAFIRST SOURCE EMPLOYMENT AGREEMENT FOR

CONSTRUCTION PROJECTS ONLY

******GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATIONCONTRACT/SOLICITATION NUMBER: _DISTRICT CONTRACTING AGENCY: _CONTRACTING OFFICER: _

TELEPHONENUMBER:~_=~-------------------TOTALCONTRACTAMOUNT: _EMPLOYER CONTRACT AMOUNT: _PROJECTNAME: _PROJECTADDRESS: _CITY: STATE: ZIPCODE: _PROJE-C-T-S-T-A-R-T-D-A-T-E-:---- PROJECT END DATE: _EMPLOYER START DATE: EMPLOYER END DATE: _

EMPLOYER INFORMATIONEMPLOYERNAME: _EMPLOYERADDRESS: _CITY: STATE: ZIP CODE: _TELEPHONE NUMBER: FEDERAL IDENTIFICATION NO.:------CONTACTPERSON: _TITLE: _E-MAIL: TELEPHONE NUMBER: _LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE (LSDBE) CERTIFICATIONNUMBER:~ _D.C. APPRENTICESHIP COUNCIL REGISTRATION NUMBER: _ARE YOU A SUBCONTRACTOR 0 YES 0 NO IF YES, NAME OF PRIMECONTRACTOR: _

This First Source Employment Agreement (Agreement), in accordance with Workforce IntermediaryEstablishment and Reform of the First Source Amendment Act of2011 (D.C. Official Code §§ 2-219.01 - 2.219.05), and relevant provisions of the Apprenticeship Requirements Amendment Act of2004 (D.C. Official Code § 2-219.03 and § 32-1431) for recruitment, referral, and placement ofDistrict of Columbia residents, is between the District of Columbia Department of EmploymentServices, (DOES) and EMPLOYER. Pursuant to this Agreement, the EMPLOYER shall use DOESas its first source for recruitment, referral, and placement of new hires or employees for all new jobscreated by the Government Assisted Project or Contract (Project). The EMPLOYER shall meet thehiring or hours worked percentage requirements for all new jobs created by the Project as outlinedbelow in Section VII. The EMPLOYER shall ensure that District of Columbia residents (DCresidents) registered in programs approved by the District of Columbia Apprenticeship Council shallwork 35% of all apprenticeship hours worked in connection with the Project.

I. DEFINITIONS

The following definitions shall govern the terms used in this Agreement.

A. Apprentice means a worker who is employed to learn an apprentice able occupation underthe terms and conditions of approved apprenticeship standards.

B. Beneficiary means:

1. The signatory to a contract executed by the Mayor which involves any District ofPage 1 of 11 First Source Agreement. Revised 2013

Columbia government funds, or funds which, in accordance with a federal grant orotherwise, the District government administers and which details the number anddescription of all jobs created by a government-assisted project or contract for whichthe beneficiary is required to use the First Source Register;

2. A recipient of a District government economic development action includingcontracts, grants, loans, tax abatements, land transfers for redevelopment, or taxincrement financing that results in a financial benefit of $300,000 or more from anagency, commission, instrumentality, or other entity of the District government,including a financial or banking institution which serves as the repository for $1million or more of District of Columbia funds.

3. A retail or commercial tenant that is a direct recipient of a District governmenteconomic development action, including contracts, grants, loans, tax abatements,land transfers for public redevelopment, or tax increment financing in excess of$300,000.

C. Contracting Agency means any District of Columbia agency that awarded a governmentassisted project or contract totaling $300,000 or more.

D. Direct labor costs means all costs, including wages and benefits, associated with the hiringand employment of personnel assigned to a process in which payroll expenses are traced tothe units of output and are included in the cost of goods sold.

E. EMPLOYER means any entity awarded a government assisted project or contract totaling$300,000 or more.

F. First Source Employer Portal means the website consisting of a connected group of staticand dynamic (functional) pages and forms on the World Wide Web accessible by UniformResource Locator (URL) and maintained by DOES to provide information and reportingfunctionality to EMPLOYERS.

G. First Source Register means the DOES Automated Applicant Files, which consists of thenames of DC residents registered with DOES.

H. Good faith effort means an EMPLOYER has exhausted all reasonable means to comply withany affirmative action, hiring, or contractual goal(s) pursuant to the First Source law andAgreement.

I. Government-assisted project or contract (Project) means any construction or non-construction project or contract receiving funds or resources from the District of Columbia, orfunds or resources which, in accordance with a federal grant or otherwise, the District ofColumbia government administers, including contracts, grants, loans, tax abatements orexemptions, land transfers, land disposition and development agreements, tax incrementfinancing, or any combination thereof, that is valued at $300,000 or more.

J. Hard to employ means a District of Columbia resident who is confirmed by DOES as:

1. An ex-offender who has been released from prison within the last 10 years;

2. A participant of the Temporary Assistance for Needy Families program;

3. A participant of the Supplemental Nutrition Assistance Program;

4. Living with a permanent disability verified by the Social Security Administration or

Page 2 of 11 First Source Agreement Revised 2013

District vocational rehabilitation program;

5. Unemployed for 6 months or more in the last 12-month period;

6. Homeless;

7. A participant or graduate of the Transitional Employment Program established by.§.32-1331; or

8. An individual who qualified for inclusion in the Work Opportunity Tax CreditProgram as certified by the Department of Employment Services.

K. Indirect labor costs means all costs, including wages and benefits, that are part of operatingexpenses and are associated with the hiring and employment of personnel assigned to tasksother than producing products.

L. Jobs means any union and non-union managerial, nonmanagerial, professional,nonprofessional, technical or nontechnical position including: clerical and sales occupations,service occupations, processing occupations, machine trade occupations, bench workoccupations, structural work occupations, agricultural, fishery, forestry, and relatedoccupations, and any other occupations as the Department of Employment Services mayidentify in the Dictionary of Occupational Titles, United States Department of Labor.

M. Journeyman means a worker who has attained a level of skill, abilities and competenciesrecognized within an industry as having mastered the skills and competencies required for theoccupation.

N. Revised Employment Plan means a document prepared and submitted by the EMPLOYERthat includes the following:

1. A projection of the total number of hours to be worked on the project or contract bytrade;

2. A projection of the total number of journey worker hours, by trade, to be worked onthe project or contract and the total number of journey worker hours, by trade, to beworked by DC residents;

3. A projection of the total number of apprentice hours, by trade, to be worked on theproject or contract and the total number of apprentice hours, by trade, to be workedby DC residents;

4. A projection of the total number of skilled laborer hours, by trade, to be worked onthe project or contract and the total number of skilled laborer hours, by trade, to beworked by DC residents;

5. A projection of the total number of common laborer hours to be worked on theproject or contract and the total number of common laborer hours to be worked byDC residents;

6. A timetable outlining the total hours worked by trade over the life of the project orcontract and an associated hiring schedule;

7. Descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions;

Page 3 of 11 First Source Agreement. Revised 2013

8. A strategy to fill the hours required to be worked by DC residents pursuant to thisparagraph, including a component on communicating these requirements tocontractors and subcontractors and a component on potential community outreachpartnerships with the University of the District of Columbia, the University of theDistrict of Columbia Community College, the Department of Employment Services,Jointly Funded Apprenticeship Programs, the District of Columbia WorkforceIntermediary, or other government-approved, community-based job trainingproviders;

9. A remediation strategy to ameliorate any problems associated with meeting thesehiring requirements, including any problems encountered with contractors andsubcontractors;

10. The designation of a senior official from the general contractor who will beresponsible for implementing the hiring and reporting requirements;

11. Descriptions of the health and retirement benefits that will be provided to DCresidents working on the project or contract;

12. A strategy to ensure that District residents who work on the project or contractreceive ongoing employment and training opportunities after they complete work onthe job for which they were initially hired and a review of past practices in continuingto employ DC residents from one project or contract to the next;

13. A strategy to hire graduates of District of Columbia Public Schools, District ofColumbia public charter schools, and community-based job training providers, andhard-to-employ residents; and

14. A disclosure of past compliance with the Workforce Act and the Davis-Bacon Act,where applicable, and the bidder or offeror's general DC resident hiring practices onprojects or contracts completed within the last 2 years.

O. Tier Subcontractor means any contractor selected by the primary subcontractor to performportion(s) or all work related to the trade or occupation area(s) on a contract or project subjectto this First Source Agreement.

P. Washington Metropolitan Statistical Area means the District of Columbia; Virginia Citiesof Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park; theVirginia Counties of Arlington, Clarke, Fairfax, Fauquier, Loudon, Prince William,Spotsylvania, Stafford, and Warren; the Maryland Counties of Calvert, Charles, Frederick,Montgomery and Prince Georges; and the West Virginia County of Jefferson.

Q. Workforce Intermediary Pilot Program means the intermediary between employers andtraining providers to provide employers with qualified DC resident job applicants. See DCOfficial Code § 2-219.04b.

II. GENERAL TERMS

A. Subject to the terms and conditions set forth herein, DOES will receive the Agreement fromthe Contracting Agency no less than 7 calendar days in advance of the Project start date,whichever is later. No work associated with the relevant Project can begin until theAgreement has been accepted by DOES.

B. The EMPLOYER will require all Project contractors and Project subcontractors withcontracts or subcontracts totaling $300,000 or more to enter into an Agreement with DOES.


C. DOES will provide recruitment, referral, and placement services to the EMPLOYER, subjectto the limitations in this Agreement.

D. This Agreement will take effect when signed by the parties below and will be fully effectivethrough the duration, any extension or modification of the Project and until such time asconstruction is complete and a certificate of occupancy is issued.

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

F. This Agreement includes apprentices as defined in D.C. Official Code §§ 32-1401- 1431.

G. DOES will make every effort to work within the terms of all collective bargainingagreements to which the EMPLOYER is a party. The EMPLOYER will provide DOES withwritten documentation that the EMPLOYER has provided the representative of any collectivebargaining unit involved with this Project a copy of this Agreement and has requestedcomments or objections. If the representative has any comments or objections, theEMPLOYER will promptly provide them to DOES.

H. The EMPLOYER who contracts with the District of Columbia government to performconstruction, renovation work, or information technology work with a single contract, orcumulative contracts, of at least $500,000, let within a 12-month period will be required toregister an apprenticeship program with the District of Columbia Apprenticeship Council asrequired by DC Code 32-1431.

I. If, during the term of this Agreement, the EMPLOYER should transfer possession of all or aportion of its business concerns affected by this Agreement to any other party by lease, sale,assignment, merger, or otherwise this First Source Agreement shall remain in full force andeffect and transferee shall remain subject to all provisions herein. In addition, theEMPLOYER as a condition of transfer shall:

1. Notify the party taking possession of the existence ofthis EMPLOYER'S FirstSource Employment Agreement.

2. Notify DOES within 7 business days of the transfer. This notice will include thename of the party taking possession and the name and telephone of that party'srepresentative.

J. The EMPLOYER and DOES may mutually agree to modify this Agreement. Anymodification shall be in writing, signed by the EMPLOYER and DOES and attached to theoriginal Agreement.

K. To the extent that this Agreement is in conflict with any federal labor laws or governmentalregulations, the federal laws or regulations shall prevail.

III. TRAINING

A. DOES and the EMPLOYER may agree to develop skills training and on-the-job trainingprograms as approved by DOES; the training specifications and cost for such training will bemutually agreed upon by the EMPLOYER and DOES and will be set forth in a separate


Training Agreement.

IV. RECRUITMENT

A. The EMPLOYER will complete the attached Revised Employment Plan that will include theinformation outlined in Section LN., above.

B. The EMPLOYER will post all job vacancies with the Job Bank Services of DOES athltp:lldoes.dc.gov within 7 days of executing the Agreement. Should you need assistanceposting job vacancies, please contact Job Bank Services at (202) 698-6001.

C. The EMPLOYER will notify DOES of all new jobs created for the Project within at least 7business days (Monday - Friday) of the EMPLOYERS' identification/creation of the newjobs. The Notice of New Job Creation shall include the number of employees needed by jobtitle, qualifications and specific skills required to perform the job, hiring date, rate of pay,hours of work, duration of employment, and a description of the work to be performed. Thismust be done before using any other referral source.

D. Job openings to be filled by internal promotion from the EMPLOYER'S current workforceshall be reported to DOES for placement and referral, if the job is newly created.EMPLOYER shall provide DOES a Notice of New Job Creation that details such promotionsin accordance with Section IV.C.

E. The EMPLOYER will submit to DOES, prior to commencing work on the Project, a list ofCurrent Employees that includes the name, social security number, and residency status of allcurrent employees, including apprentices, trainees, and laid-off workers who will beemployed on the Project. All EMPLOYER information reviewed or gathered, includingsocial security numbers, as a result of DOES' monitoring and enforcement activities will beheld confidential in accordance with all District and federal confidentiality and privacy lawsand used only for the purposes that it was reviewed or gathered.

V. REFERRAL

A. DOES will screen applicants through carefully planned recruitment and training events andprovide the EMPLOYER with a list of qualified applicants according to the number ofemployees needed by job title, qualifications and specific skills required to perform the job,hiring date, rate of pay, hours of work, duration of employment, and a description of the workto be performed as supplied by the EMPLOYER in its Notice set forth above in Section IV.C.

B. DOES will notify the EMPLOYER of the number of applicants DOES will refer, prior to theanticipated hiring dates.

VI. PLACEMENT

A. EMPLOYER shall in good faith, use reasonable efforts to select its new hires oremployees from among the qualified applicants referred by DOES. All hiring decisions aremade by the EMPLOYER.

B. In the event that DOES is unable to refer qualified applicants meeting the EMPLOYER'Sestablished qualifications, within 7 business days (Monday - Friday) from the date ofnotification from the EMPLOYER, the EMPLOYER will be free to directly fill remainingpositions for which no qualified applicants have been referred. The EMPLOYER will still berequired to meet the hiring or hours worked percentages for all new jobs created by theProject.


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

VII. REPORTING REQUIREMENTS

A. EMPLOYER is given the choice to report hiring or hours worked percentages either by PrimeContractor for the entire Project or per each Sub-contractor.

B. EMPLOYER with Projects valued at a minimum of $300,000 shall hire DC residents for atleast 51% of all new jobs created by the Project.

C. EMPLOYER with Projects totaling $5 million or more shall meet the following hours workedpercentages for all new jobs created by the Project:

1. At least 20% of journey worker hours by trade shall be performed by DCresidents;

2. At least 60% of apprentice hours by trade shall be performed by DCresidents;

3. At least 51% of the skilled laborer hours by trade shall be performed byDC residents; and

4. At least 70% of common laborer hours shall be performed by DCresidents.

D. EMPLOYER shall have a user name and password for the First Source Employer Portal forelectronic submission of all monthly Contract Compliance Forms, weekly certified payrollsand any other documents required by DOES for reporting and monitoring.

E. EMPLOYER with Projects valued at a minimum of $300,000 shall provide the followingmonthly and cumulative statistics on the Contract Compliance Form:

1. Number of new job openings created/available;2. Number of new job openings listed with DOES, or any other District Agency;3. Number of DC residents hired for new jobs;4. Number of employees transferred to the Project;5. Number of DC residents transferred to the Project;6. Direct or indirect labor cost associated with the project;7. Each employee's name,job title, social security number, hire date, residence,

and referral source; and8. Workforce statistics throughout the entire project tenure.

F. In addition to the reporting requirements outlined in E, EMPLOYER with Projects totaling $5million or more_shall provide the following monthly and cumulative statistics on the ContractCompliance Form:

1. Number of journey worker hours worked by DC residents by trade;2. Number of hours worked by all journey workers by trade;3. Number of apprentice hours worked by DC residents by trade;4. Number of hours worked by all apprentices by trade;5. Number of skilled laborer worker hours worked by DC residents by trade;6. Number of hours worked by all skilled laborers by trade;7. Number of common laborer hours worked by DC residents by trade; and8. Number of hours worked by all common laborers by trade.

Page 7 of 11 First Source Agreement. Revised 20/3

G. EMPLOYER can "double count" hours for the "hard to employ" up to 15% of total hoursworked by DC Residents.

H. For construction Projects that are not subject to Davis-Bacon law in which certified payrollrecords do not exist, EMPLOYER must submit monthly documents of workers employed onthe Project to DOES, including DC residents and all employment classifications of hoursworked.

1. EMPLOYER may also be required to provide verification of hours worked or hiringpercentages of DC residents, such as internal payroll records for construction Projects that arenot subject to Davis-Bacon.

J. Monthly, EMPLOYER must submit weekly certified payrolls from all subcontractors at anytier working on the Project to the Contracting Agency. EMPLOYER is also required to makepayroll records available to DOES as a part of compliance monitoring, upon request at jobsites.

VIII. FINAL REPORT AND GOOD FAITH EFFORTS

A. With the submission of the final request for payment from the Contracting Agency,the EMPLOYER shall:

1. Document in a report to DOES its compliance with the hiring or hours workedpercentage requirements for all new jobs created by the Project and thepercentages of DC residents employed in all Trade Classifications, for each areaof the Project; or

2. Submit to DOES a request for a waiver of the hiring or hours worked percentagerequirements for all new jobs created by the Project that will include thefollowing documentation:

a. Documentation supporting EMPLOYER'S good faith effort to comply;b. Referrals provided by DOES and other referral sources; andc. Advertisement of job openings listed with DOES and other referral sources.

B. DOES may waive the hiring or hours worked percentage requirements for all new jobscreated by the Project, and/or the required percentages of DC residents in all TradeClassifications areas on the Project, if DOES finds that:

1. EMPLOYER demonstrated a good faith effort to comply, as set forth in Section C,below; or

2. EMPLOYER is located outside the Washington Metropolitan Statistical Area and noneof the contract work is performed inside the Washington Metropolitan Statistical Area.

3. EMPLOYER entered into a special workforce development training or placementarrangement with DOES or with the District of Columbia Workforce Intermediary; or

4. DOES certified that there are insufficient numbers of DC residents in the labor marketpossessing the skills required by the EMPLOYER for the positions created as a resultof the Project. No failure by Employer to request a waiver under any other provisionhereunder shall be considered relevant to a requested waiver under this Subsection.

C. DOES shall consider documentation of the following when making a determination of a

Page 8 of 11 First Source Agreement. Revised 20 J 3

good-faith effort to comply:

1. Whether the EMPLOYER posted the jobs on the DOES job website for a minimumof 10 calendar days;

2. Whether the EMPLOYER advertised each job opening in a District newspaper withcity-wide circulation for a minimum of 7 calendar days;

3. Whether the EMPLOYER advertised each job opening in special interest publicationsand on special interest media for a minimum of 7 calendar days;

4. Whether the EMPLOYER hosted informational/recruiting or hiring fairs;

5. Whether the EMPLOYER contacted churches, unions, and/or additional WorkforceDevelopment Organizations;

6. Whether the EMPLOYER interviewed employable candidates;

7. Whether the EMPLOYER created or participated in a workforce developmentprogram approved by DOES;

8. Whether the EMPLOYER created or participated in a workforce developmentprogram approved by the District of Columbia Workforce Intermediary;

9. Whether the EMPLOYER substantially complied with the relevant monthly reportingrequirements set forth in this section;

10. Whether the EMPLOYER has submitted and substantially complied with its mostrecent employment plan that has been approved by DOES; and

11. Any additional documented efforts.

IX. MONITORING

A. DOES is the District agency authorized to monitor and enforce the requirements of theWorkforce Intermediary Establishment and Reform of the First Source Amendment Act of2011 (D.C. Official Code §§ 2219.01 - 2.219.05), and relevant provisions of theApprenticeship Requirements Amendment Act of2004 (D.C. Official Code § 2-219.03 and §32-1431). As a part of monitoring and enforcement, DOES may require and EMPLOYERshall grant access to Project sites, employees, and documents.

B. EMPLOYER'S noncompliance with the provisions of this Agreement may result in theimposition of penalties.

C. All EMPLOYER information reviewed or gathered, including social security numbers, as aresult of DOES' monitoring and enforcement activities will be held confidential inaccordance with all District and federal confidentiality and privacy laws and used only for thepurposes that it was reviewed or gathered.

D. DOES shall monitor all Projects as authorized by law. DOES will:

1. Review all contract controls to determine if Prime Contractors and Subcontractors aresubject to DC Law 14-24.


2. Notify stakeholders and company officials and establish meetings to provide technicalassistance involving the First Source Process.

3. Make regular construction site visits to determine if the Prime or Subcontractors'workforce is in concurrence with the submitted Agreement and Monthly ComplianceReports.

4. Inspect and copy certified payroll, personnel records and any other records or informationnecessary to ensure the required workforce utilization is in compliance with the FirstSource Law.

5. Conduct desk reviews of Monthly Compliance Reports.

6. Educate EMPLOYERS about additional services offered by DOES, such as On-the-Jobtraining programs and tax incentives for EMPLOYERS who hire from certain categories.

7. Monitor and complete statistical reports that identify the overall project, contractor, andsub contractors' hiring or hours worked percentages.

8. Provide formal notification of non-compliance with the required hiring or hours workedpercentages, or any alleged breach of the First Source Law to all contracting agencies,and stakeholders. (Please note: EMPLOYERS are granted 30 days to correct anyal/eged deficiencies stated in the notification.)

X. PENALTIES

A. Willful breach of the Agreement by the EMPLOYER, failure to submit the ContractCompliance Reports, deliberate submission of falsified data or failure to reach specific hiringor hours worked requirements may result in DOES imposing a fine of 5% of the total amountof the direct and indirect labor costs of the contract for the positions created by EMPLOYER.Fines will also include additional prorated fines of 1/8 of 1% of total contract amount for notreaching specific hiring or hours worked requirements. Prime Contractors who choose toreport all hiring or hours worked percentages cumulatively (overall construction project) willbe penalized, if hiring or hours worked percentage requirements are not met.

B. EMPLOYERS who have been found in violation 2 times or more over a 10 year period maybe debarred and/or deemed ineligible for consideration for Projects for a period of 5 years.

C. Appeals of violations or fines are to be filed with the Contract Appeals Board.


I hereby certify that I have the authority to bind the EMPLOYER to this Agreement.

By:

EMPLOYER Senior Official

Name of Company

Address

Telephone

Email

Associate Director for First SourceDepartment of Employment Services4058 Minnesota Avenue, NEThird FloorWashington, DC [email protected]

Date


mailto:[email protected]

EMPLOYMENT PLAN

NAMEOFEMPLOYER: _

ADDRESSOFEMPLOYER: _

TELEPHONE NUMBER: FEDERAL IDENTIFICATION NO.: _

CONTACTPERSON: TITLE: _

E-MAIL: TYPE OF BUSINESS: _

DISTRICT CONTRACTING AGENCY: _

CONTRACTING OFFICER: TELEPHONE NUMBER: _

TYPE OF PROJECT: CONTRACT AMOUNT: _

EMPLOYERCONTRACTAMOUNT: _

PROJECT START DATE: .PROJECT END DATE: _

EMPLOYER START DATE: EMPLOYER END DATE: _

NEW JOB CREATION PROJECTIONS: Please indicate ALL new position(s) your firmwill create as a result of the Project. If the firm WILL NOT be creating any newemployment opportunities, please complete the attached justification sheet with anexplanation. Attach additional sheets as needed.

JOB TITLE # OF JOBS SALARY UNION MEMBERSHIP REQUIRED PROJECTEDFIT PIT RANGE NAME LOCAL# HIRE DATE

A

B

C

D

E

F

G

H

I

J

K

1

CURRENT EMPLOYEES: Please list the names, residency status and ward information of allcurrent employees, including apprentices, trainees, and transfers from other projects, who will beemployed on the Project. Attach additional sheets as needed.

NAME OF EMPLOYEE CURRENT DISTRICT WARDRESIDENT

-VPlease Check

0D00

000

00D0000D00000D0D0D

2

JUSTIFICATION SHEET: Please provide a detailed explanation of why the Employer will nothave any new hires on the Project.

3


J.6

FIRST SOURCE INITIAL EMPLOYMENT PLAN (Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.7

DC WATER DESIGN & CONSTRUCTION STANDARDS (WASA)

(available at https://www.dcwater.com/design-and-construction-standards)


J.8

TAX CERTIFICATION AFFIDAVIT (Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.9

BIDDER/OFFEROR CERTIFICATION (Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.10

EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER INFORMATION REPORT

&

MAYOR’S ORDER 85-85 (Available at https://ocp.dc.gov/page/required-solicitation-documents-ocp)


J.11

DDOT STANDARD SPECIFICATIONS for HIGHWAY STRUCTURES (2013)

(Available at: https://ddot.dc.gov/page/standards-and-guidelines)


J.12

BID BOND CERTIFICATION FORM

Office of Administrative Services BID BOND Department of Public Works (CONSTRUCTION)

Date Bond Executed (Must Not be later Than Bid Opening Date)

Bid Bond Period Ninety (90) Calendar Days TYPE OF ORGANIZATION (“X”) After Bid Opening

□ INDIVIDUAL □ PARTNERSHIP

PRINCIPAL Name(s) and Address(es)

□ JOINT VENTURE □ CORPORATION

STATE OF INCORPORATION 1. PENAL SUM OF BID AMOUNT NOT TO EXCEED SURETY (IES) Name(s) and Address(es) MILLION(S)

THOUSAND(S) HUNDRED(S) CENT(S) 5%

OF BID

2. BID IDENTIFICATION BID OPENING DATE

INVITATION NO DCKA-2016-B-0044

KNOW ALL MEN BY THE PRESENTS. That we, the Principal and Surety(ies) hereto, are firmly bound to the District of Columbia Government, a municipal corporation, hereinafter called the District, in above penal sum for the payment of which we bind ourselves, our heirs, executors and successors, jointly and severally Provided, That, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the bid identified above. NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within ninety (90) calendar days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after being called upon to do so, furnish Performance & Payment bonds with good and sufficient surety, as may be required, for the faithful performance and proper fulfillment of the Contract, and for the protection of all persons supplying labor specified, or the failure to furnish such bond within the time specified, if the Principal shall pay the District the difference between the amount specified in said bid and the amount for which the District may procure the required work and/or supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and virtue. Each Surety executing this bond hereby agrees that its obligation shall not be impaired by extension(s) of time for acceptance of the bid that the Principal may grant to the District, notice of which extension(s) to the Surety(ies) being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety calendar days in addition to the period originally allowed for acceptance of the bid. IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this bid bond and have affixed their seals on the date set forth above.

PRINCIPAL 3. Signature

1. Attest

Seal Corporate Name & Title (Typed)

Name & Title (Typed) Seal

2. Signature

2. Attest

Seal Corporate Name & Title (Typed)

Name & Title (Typed) Seal

Form No. DC 2640-5 Local Pavement Restoration DCKA-2018-B-0044

b

PRINCIPAL (Continued)

CERTIFICATE AS TO CORPORATION I,_______________________________________________________ certify that I am ________________________________________ Secretary of the Corporation named as Principal herein, that _____________________________________________________________ who signed this bond on behalf of the Principal was then ________________________________________________________________ Of said corporation; that I know this signature, and his signature thereto is genuine; that said bond was duly signed and sealed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. _____________________________________________ Secretary of Corporation

SURETY(IES) 1. Name & Address (typed) State of

Inc.

Liability Limit

Signature of Attorney-In-Fact Attest (Signature)

Corporate

Seal Name & Address (typed) Name & Address (Typed)

2. Name & Addressed (typed) State of Inc.

Liability Limit

Signature of Attorney-In-Fact Attest (Signature)

Corporate Seal

Name & Address (typed) Name & Address (typed)

4. INSTRUCTIONS 1. This form shall be used whenever a bid guaranty is required in connection with construction, alteration and repair

work. 2. Corporation’s name should appear exactly as it does on Corporate Seal and inserted in the space designated “Principal”

on the face of this form. If practicable, bond should be signed by President or Vice President; if signed by other official, evident of authority must be furnished. Such evidence should be in the form of an Extract of Minutes of a Meeting of the Board of Directors, or Extract of Bylaws, certified by the Corporate Secretary, or Assistant Secretary and Corporate Seal affixed thereto. CERTIFICATE AS TO CORPORATION must be executed by Corporate Secretary, or Assistant Secretary.

3. Corporations executing the bond as sureties must be among those appearing on the US Treasury Department’s list of

approved sureties and must be acting within the limitations set forth therein, and shall also be listed with the “Insurance Administration, Department of Consumer and Regulatory Affairs”, to do business in the District of Columbia. The surety shall attach hereto an adequate Power-of-Attorney for each representative signing the bond.

4. Corporations executing the bond shall affix their Corporate Seals. Individuals shall sign full first name, middle initial

and last name opposite the work “seal”, two witnesses must be supplied, and their addresses, under the word “attest”. If executed in Maine or New Hampshire, an adhesive shall be affixed.

5. Names of partners must be set out in body or bond form, with the recital that they are partners composing a firm,

naming it, and all members of the firm shall execute the bond as individuals. Each signature must be witnessed by two persons and addresses supplied.

Local Pavement Restoration DCKA-2018-B-0044

c BID FORM

(CONSTRUCTION CONTRACT)

Read Instructions to Bidders (See Standard Contract Provisions as amended)

Invitation No.: DCKA-2018-B-0044 Issue Date:

TO: CONTRACTING OFFICER, GOVERNMENT OF THE DISTRICT OF COLUMBIA In compliance with above Invitation, the undersigned proposes to furnish all plant, labor and materials and perform required work per provisions as set forth in the Standard Contract Provisions, as amended, specifications, addenda, drawings, and at the prices named in the Schedule of Prices for:

PROJECT TITLE: Local Pavement Restoration DCKA-2018-B-0044

The undersigned agrees that if he is awarded the Contract within 90 calendar days after bid opening date and he is notified thereof, he will within 10 days after the prescribed forms are forwarded for execution, or within any authorized extension of time, execute and deliver a Contract on Form No. DC 2640-6 and furnish performance and payment bonds on Form No. DC 2640-7 and Form No. DC 2640-8 with good and sufficient survey; and that if he falls or refuses, required bid guaranty shall be applied as specified in Instructions to Bidders. Undersigned acknowledges receipt of the following addenda. Failure to acknowledge receipt of all addenda may result in rejection of bid. Addendum No. 1 2 3 4 5 6 7

Received

Name of bidder must be shown in full if an individual; and if a partnership, full names of all partners must be shown. If bidder is a corporation, impress corporate seal and furnish name of State where incorporated. If joint venture, all parties must sign.

Incorporated in State of Telephone No. Name of Bidder (Type or print) Corporate Seal DUNS or RUBS NO________________________________

Business Address (Type or print)

By (Signature in ink) Attest

Title of Person Signing

Title of Person Attesting

Envelopes containing bid, guaranty, etc., must be sealed, marked and addressed as follows: Mark envelope in upper left corner as follows: Invitation No.: DCKA-2018-B-0044 To be opened (date): At 2:00 P.M. Envelopes available from Office of Contracting and Procurement

Address as follows: Office of Contracting and Procurement Bid Room 55 M Street SE 4th Floor Washington, DC 20003

Form No. DC 2640-13 P-4745 J-3617-74 Oct. 1973 Local Pavement Restoration DCKA-2018-B-0044

d


J.13

PAST PERFORMANCE EVALUATION FORM

District of Columbia Department of Transportation

PAST PERFORMANCE FORM

DDOT Past Performance Form 06.14.17

Solicitation: DCKA-2018-B-0044

Project Description: Work under this Contract consists of pavement restoration at various locations citywide. Name of Bidder: Identify your 3 most recent projects of similar scope and size and include a reference with personal knowledge of your performance on the project and contact information. By submitting this form, you acknowledge and agree that the Contracting Officer may contact the references directly to discuss past performance. Project Description Dates of Performance Contract Amount Name of Reference:__________________________________________________________________ Title: ______________________________________________________________________________ Company: __________________________________________________________________________ Email Address: ______________________________________________________________________ Phone Number: _____________________________________________________________________ Project Description Dates of Performance Contract Amount Name of Reference:__________________________________________________________________ Title: ______________________________________________________________________________ Company: __________________________________________________________________________ Email Address: ______________________________________________________________________ Phone Number: _____________________________________________________________________ Project Description Dates of Performance Contract Amount Name of Reference:__________________________________________________________________ Title: ______________________________________________________________________________ Company: __________________________________________________________________________ Email Address: ______________________________________________________________________ Phone Number: _____________________________________________________________________


J.14

CONTRACT COMPLIANCE DOCUMENTS &

CERTIFICATION PLAN

INVITATION NO. DCKA-2018-B-0044 PROJECT NAME: Local Pavement Restoration NON-COLLUSION AFFIDAVIT I, the undersigned depose and certify that I am the (Title) of the (Company). I am authorized to make this affidavit on behalf of said company; and that said company has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposal submittal in connection with proposed contract. Printed Name of Official Signature of Official Date

CERTIFICATION REGARDING DEBARMENT SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION INVITATION NO.: DCKA-2018-B-0044

PROJECT NAME: Local Pavement Restoration

, being

(President or Authorized Official of Bidder) duly sworn (or under penalty of perjury under the laws of the United States), certifies that, except as noted below, (the Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds): is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under any Federal, Distr ict or State statutes; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, District or State agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to who it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

Contractor

President or Authorized Official

____________________________________ Date Title

The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986 (public Law 99-509, 31 U.S.C. 3801-3812). Subscribed and sworn before me this day at

City and State ________________________________________________

Notary Seal Notary Public

CERTIFICATION OF ELIGIBILITY

INVITATION NO. DCKA-2018-B-0044


, being

(President or Authorized Official of Bidder) duly sworn (or under penalty of perjury under the laws of the United States), certifies that, except as noted below, (the Company) or any person associated therewith in the capacity of (owner, partner, director, officer, principal investigator, project director, manager, auditor, or nay position involving the administration of federal funds): is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility under any Federal, Distr ict or State statutes; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, District or State agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Exceptions will not necessarily result in denial of award, but will be considered in determining acceptability of offeror. For any exception noted, indicate below to who it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

Contractor

____________________________ President or Authorized Official

Date

Title The penalties for making false statements are prescribed in the Program Fraud Civil Remedies Act of 1986 (public Law 99-509, 31 U.S.C. 3801-3812). Subscribed and sworn before me this day at

City and State

Notary Seal Notary Public

CERTIFICATION FOR GRANTS, LOANS

AND COOPERATIVE AGREEMENTS DISTRICT OF COLUMBIA DEPARTMENT OF TRANSPORTATION

INVITATION NO. DCKA-2018-B-0044


The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is material representation of fact upon which reliance was placed when this award was made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file that required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _______________________________________

Title of Official Company _____________________________

Date Signature of Official A bidder's failure to submit this certification or submission of a false certification may render his/her bid non-responsive. (FAP)

INVITATION NO.: DCKA-2018-B-0044 PROJECT NAME: Local Pavement Restoration

PAYMENT TO SUBCONTRACTORS AND SUPPLIERS CERTIFICATE The Contractor, prior to receiving a progress payment, shall submit to the Contracting Officer, certification that the contractor has made and will make payments to his subcontractors and suppliers within seven (7) business days of receipt of such payment by DDOT for work performed by subcontractors/suppliers. The certification must be accompanied by a list of all subcontractors and suppliers who will receive payment from the invoice and the dollar amount. Payment will not be made until the Prime Contractor submits this information. Certification shall be made on the following standard form. To: Contracting Officer Department of Transportation 55 M Street, SE, 7th Floor Washington, DC 20003 I hereby certify: I have made, or will make payments to all my subcontractors/suppliers within seven (7) business days of receipt of such payment by DDOT for work performed by subcontractors/suppliers. The subcontractors and suppliers are listed herein: Contractor/Company Name Signature of Official Date Title FAP DC Revised 7/02