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CA26-0067 • 2025

Proposed Contract with Fort Myer Construction Corporation to Contract No. DCKA-2024-C-0086

Proposed Contract with Fort Myer Construction Corporation to Contract No. DCKA-2024-C-0086

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
at the request of the Mayor
Last action
2025-02-25
Official status
Deemed Approved
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on the subcontracting plan, so this information was removed from the explanation.

Proposed Contract for Garfield Park-Canal Park Connector Project

The bill proposes to approve a contract between Fort Myer Construction Corporation and the District of Columbia for construction services related to the Garfield Park-Canal Park Connector project.

What This Bill Does

  • Approves a contract with Fort Myer Construction Corporation in the not-to-exceed amount of $2,407,557.51 for construction services on the Garfield Park-Canal Park Connector project.
  • Sets the term of the contract at 240 consecutive calendar days from when it starts.
  • Specifies that Fort Myer will provide construction services, labor, materials, and equipment as directed by the District Engineer.

Who It Names or Affects

  • Fort Myer Construction Corporation
  • The District of Columbia government

Terms To Know

Not-to-Exceed (NTE) Amount
A maximum amount that the contract can cost.
Fixed Unit Prices
Prices for each unit of work or material are set in advance and do not change during the project.

Limits and Unknowns

  • The bill does not specify what happens if Fort Myer Construction Corporation fails to meet the terms of the contract.
  • It is unclear how this contract will be funded beyond stating it uses local capital funds.

Bill History

  1. 2025-02-25 Council of the District of Columbia LIMS

    Retained by the Council with comments from the Committee on Transportation and the Environment

  2. 2025-02-24 Council of the District of Columbia LIMS

    CA26-0067 Introduced by Chairman Mendelson at Office of the Secretary

Official Summary Text

Proposed Contract with Fort Myer Construction Corporation to Contract No. DCKA-2024-C-0086

Current Bill Text

Read the full stored bill text 
MURIELBOWSERMAYOR
February24,2025
TheHonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuanttosection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-204.51)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§
2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposedContractNo.DCKA-2024-C-0086withFortMyerConstructionCorporationinthenot-to-exceedamountof$2,407,557.51.Theperiodofperformanceis240consecutivecalendardaysfromthedateofnoticetoproceed.
Undertheproposedcontract,FortMyerConstructionCorporationwillprovideconstructionservices,labor,material,andequipmentfortheGarfieldPark-CanalParkConnectorDesign
Project.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-
8759.
[lookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
Muri¢]BowXer
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY

(A) Contract Number: DCKA-2024-C-0086

Proposed Contractor: Fort Myer Construction Corporation

Proposed Contractor’s Principals: Jose Rodriguez, President and Chief Operating Officer
Anthony DiFerdinando, Chief Financial Officer
Dora Rodrigues, Executive Officer
Sam Patel, DBIA, Vice President of Estimating and Project
Delivery
Matthew Hill, Vice President of Operations
Joao Constantino, Vice President of Civil Division
John Hamilton, Vice President of Utilities Division
Henrique "Ricky" Fernandes, Vice President of Bridge
Division

Contract Amount: Not-to-Exceed (NTE) $2,407,557.51 Local Capital Funds

Unit and Method of Compensation: Fixed Unit Prices

Term of Contract: 240 consecutive Calendar Days from the Date of the Notice
to Proceed.

Type of Contract: Fixed P rice Contract with a NTE Amount

Source Selection Method: Competitive Sealed Bidding/Invitation for Bid (IFB)

(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:

Not Applicable

2

(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:

The contractor will provide construction services, labor, material and equipment for the Garfield
Park-Canal Park Connector project as shown in the plans and as directed by the District Engineer.

(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:

The IFB was advertised on June 24, 2024, using full and open competition. Two bids were received
by the due date, and both were responsive. After reviewing the bids, the applicable CBE preference
point reductions were applied resulting in the total evaluated price. Based on the total evaluated
price, Fort Myer Construction Corporation was determined to be the low responsive and responsible
bidder.

Bidder Bid Price CBE Price
Reduction
Total Evaluated
Price
Fort Myer
Construction
Corporation
$2,407,557.51 -$288,906.9 $2,118,650.6
Anchor Construction
Corporation
$2,615,063.00 -$313,807.56 $2,301,255.44

(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

None

(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

Below is a list of Contracts that Fort Myer Construction Corporation (“Fort Myer”) currently holds
with the District of Columbia:

• FY2018 Federal Aid Pavement Restoration Citywide
DCKA-2018-C-0084
• Sign Structure Improvement Project
DCKA-2019-C-0031 (last Retention paid in Dec 2023)
• Safety & Geometric Improvement of I-295
DCKA-2020-C-0011
• Guiderails and Attenuators Repair and Replace
DCKA-2020-C-0013
• Federal Aid Pavement Restoration (NHS)
DCKA-2021-C-0020
3

• Citywide Federal Safety Improvements
DCKA-2021-C-0022
• Douglas Street Pedestrian Bridge over Kenilworth Avenue
DCKA-2021-C-0050
• LED Signage Procurement and Installation – Citywide
DCKA-2021-C-0078
• Emergency Lane Place Pedestrian Bridge
DCKA-2022-C-0066
• Metropolitan Branch Trail – Fort Totten to Takoma
DCKA-2023-C-0006
• Florida Avenue and New York Avenue Northeast Intersection
DCKA-2023-C-0010
• Reconstruction of Kennedy Street from 16th Street to Georgia Avenue, NW
DCKA-2023-C-0032
• Emergency Bridge Repair 529
DCKA-2023-C-0047
• Rehabilitation of I-395 HOV Bridge
DCKA-2024-C-0011
• Safe Routes to School
DCKA-2024-C-0036
• Connecticut Avenue Streetscape and Deck over
DCKA-2024-C-0044
• Citywide Large Guide and Traffic and Traffic Sign Maintenance
DCKA-2024-C-0058
• Multimodal Traffic Safety
DCKA-2024-C-0080
• Garfield Park – Canal Park Connector
DCKA-2024-C-0086
• St. Elizabeth’s East Campus – 13th Street Infrastructure Improvements
DCAM-CS-IFB-0003
• Hill East Phase II Redevelopment – 72-inch Sewer Relocation and Infrastructure
Improvements
DCAM-24-CS-IFB-0007
• Emergency Athletic Field Maintenance Services
DCAM-24-NC-EM-0003B

(G) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

Fort Myer Construction Corporation is a construction firm that specializes in and performs a wide
range of street and roadway construction services. Fort Myer Construction Corporation has been
performing contracts for state and local government agencies for many years. In addition, Fort
Myer Construction Corporation has a record of satisfactory performance on previous District
Department of Transportation (DDOT) projects.
4

(H) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

The proposed contractor is a local business enterprise and will be subcontracting a portion of the
contract as below.

CBE Prime will self- perform 65% of the contract’s total dollar volume of the contract
($1,564,912.38).
The subcontractor will perform 35% of the contract’s total dollar volume ($842,645.13)

(I) Performance standards and the expected outcome of the proposed contract:

At the direction of the DDOT contract administrator, the proposed contractor will provide
construction services for the Garfield Park-Canal Park Connector project in accordance with the
terms of the contract.

(J) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:

None

(K) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

On February 3, 2025, the Agency Fiscal Officer certified that the contract funding is consistent with
the applicable financial plan and budget.

(L) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the district:

The Office of the Attorney General has reviewed and approved the proposed contract for legal
sufficiency. The proposed contractor has no legal claims pending against the district.

(M) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

5

Fort Myer Construction Corporation is currently with its District taxes per the Clean Hands
certification dated January 27, 2025.

(N) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:

The proposed contractor is current with its federal taxes per the System for Award Management
validation performed January 27, 2025.

(O) A certification that the proposed contractor has been determined not to violate section 334a of
the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:

Fort Myer Construction Corporation both bidder certification and Campaign finance Reform
contractor Self Certification are attached in list of attachments.

(P) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended, D.C. Official Code § 2-218.01 et seq.:

Fort Myer Construction Corporation is a CBE.

(Q) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:

None

(R) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:

The proposed contractor is not debarred or an excluded party on the district or federal listings per
the validations dated January 27, 2025.

(S) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):

Determination and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility

(T) Where the contract, and any amendments or modifications, if executed, will be made
available online:
6

OCP.DC.GOV

(U) Where the original solicitation, and any amendments or modifications, will be made available
online:

OCP.DC.GOV

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250 M Street, S.E., Washington, DC 20003 Telephone: (202) 671-2300
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER

Government Services Cluster

FINANCIAL PLAN AND BUDGET CERTIFICATION

Contract No.: KA0.GPC19C
Contract Name: Garfield Park Connector Canal

Contractor: Fort Myer
Contract Ceiling Amount: $2,407,557.51

Current Available Amount: $2,407,557.51

Contract Period of Service: March 1, 2025, to December 31, 20025

Organization Code: KA0
==============================================================================
I, Calvin Skinner, Agency Fiscal Officer, OCFO , hereby certify that the amount of $ 2,407,557.51
available for the above referenced contract and that the service is within the appropriate budget
authority for the agency for FY 2025 and is consistent with the applicable approved financial plan
and budget. Future orders above the available funding are contingent upon the identification of
additional funding.

____________________________________ _________________
Calvin Skinner Date
Agency Fiscal Officer, OCFO
02/03/25
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Sarina Loy
Deputy Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: February 11, 2025

SUBJECT: Approval of Contract Award over One Million Dollars
Garfield Park- Canal Park Connector
Contractor: Fort Myer Construction Company
Contract No.: DCKA-2024-C-0086
Not to Exceed Amount: $2,407,557.51

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient.

If you have any questions in this regard, please do not hesitate to call me at (202) 724-4018.

______________________________
Robert Schildkraut

DCKA-2024-C-0086 Page 1 of 48
Garfield Park-Canal Park Connector
A. SOLICITATION, OFFER, AND AWARD
1. Caption
Garfield Park-Canal Park Connector
Page of Pages
1 of 48 (plus
attachments)
2. Contract Number
DCKA-2024-C-0086
3. Solicitation Number
DCKA-2024-B-0086
4. Type of Solicitation 5. Date Issued 6. Type of Market
X Sealed Bid (IFB) X Open
Sealed Proposals (RFP) Set Aside
Sole Source Open with Sub-
Contracting Set
Aside Human Care Agreements
Emergency
7. Issued By:
District Department of Transportation
Office of Contracting and Procurement
250 M Street, SE – Suite 700
Washington, DC 20003
8. Address Offer to:
Department of Transportation
Office of Contracting and Procurement
250 M Street, SE Suite 700
Washington, DC 20003
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
SOLICITATION
9. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at address in 8 above until 2:00 pm local
time on _July 30, 2024 For electronic submission refer to Section L of the Solicitation.
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
Tamana Mujadidi
Contract Specialist
B. Telephone C. E-mail Address
(Area Code) (Number) (Ext)
Tamana.mujadidi@dc.gov 202 430-2745
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 2 X I Contract Clauses 23-47
X B Price Schedule 3-7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Scope of Payment 8-9 X J List of Attachments 48
x D Statement of work 10 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E Applicable document 11 X K X F Deliverables 12
X G Contractor’s Responsibility for work 13-14 X L
X H Inspection and Acceptance 15 X M
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 90 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) [In
case there is more than three amendments
attach separate sheet with
acknowledgements):
Amendment Number Date Amendment Number Date
15A. Name and Address of Offerer
Fort Myer Construction Corporation Sam, Patel, DBIA, Vice president
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
Carol Hessler
23. Signature of Contracting Officer (District of
Columbia)
24. Award Date
Government of the District of Columbia Office of Contracting & Procurement
------------------------------------------------
2237 - 33rd Street, NE; Washington, DC 20018-1594
Date Signed: 02/07/2025
Bid Date: 07/30/2024
636-9535
202
Sam Patel, Vice President
07/29/2024
2
07/18/2024
1
Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00

DCKA-2024-C-0086 Page 2 of 48
Garfield Park-Canal Park Connector
SECTION B: CONTRACT TYPE AND PRICE/COST
B.1 SUMMARY
The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the
District Department of Transportation (“DDOT” or “Department”), is awarding this contract
to Fort Myer Construction Corporation to provide Construction of Garfield Park-C anal Park
Connector (t he “Project”) in accordance with the Contract Documents, as defined herein.
B.2 TYPE OF CONTRACT
In accordance with 27 DCMR 2402.2 The contract shall be based on fixed unit prices with a
not to exceed amount of $2,407,557.51.
B.4 NOTICE OF SUBCONTRACTING REQUIREM ENTS
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.
B.5 PRICE SCHEDULE
Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00
District Department of Transportation
PROPOSAL FOR
Letting ID: 20240086
07/30/2024 02:00:00 PM
Contract ID: KA20240086
Call: 005
BID TYPE:
(Enter a Bid Type, otherwise bid will be considered Regular)
Submitted by
Fort Myer Construction Corporation
2237 33rd ST NE
Washington, DC 20018
Page 3 of 48
Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00
Line Number Item Number Quantity Unit Unit Price Extension Price
Section 0001
GARFIELD PARK - CANAL PARK CONNECTOR
0005 000003 400.000 HR $34.00000 $13,600.00
Employee Training
0010 000504 355.000 CY $91.00000 $32,305.00
Unassigned Special Item -CY - 000 520 Relocation of Virgina Ave Tunnel Stones
0015 108002 1.000 LS $115,000.00000 $115,000.00
Mobilization
0020 108004 1.000 LS $4,600.00000 $4,600.00
Progress Photographs
0025 108006 1.000 LS $2,875.00000 $2,875.00
Record Drawings and As-Built Drawings
0030 108012 1.000 LS $46,000.00000 $46,000.00
Engineer's Field Facilities
0035 108016 1.000 LS $23,000.00000 $23,000.00
Field Layout
0040 202002 653.000 CY $87.00000 $56,811.00
Common Excavation
0045 202004 800.000 CY $123.00000 $98,400.00
Hard Surface Pavement Excavation Removal of existing steps, walls, and concrete
slab
0050 204004 760.000 CY $63.00000 $47,880.00
Borrow Embankment Fill
0055 207002 415.000 CY $47.00000 $19,505.00
Trench Excavation and Backfill
0060 209002 510.000 CY $140.00000 $71,400.00
Aggregate Base Course
0065 209004 18.000 CY $204.00000 $3,672.00
Aggregate Base Course for LID #57 stone
0070 212002 10.000 EACH $2,300.00000 $23,000.00
Test Pit
0075 309002 18.000 VLF $4,500.00000 $81,000.00
Sewer Manhole on Sewer 48 Inch and Less Dia.
0080 309004 61.000 VLF $2,500.00000 $152,500.00
Sewer Manhole on Sewer Greater Than 48 In Dia.
0085 310004 2.000 EACH $13,242.00000 $26,484.00
F&I Standard Double Basin
0090 310008 37.000 LF $385.00000 $14,245.00
Basin Connect PCC Pipe, Class III, 15 Inch
0095 310010 233.000 LF $372.00000 $86,676.00
Basin Connect PCC Pipe, Class III, 18 Inch
0100 310022 1.000 EACH $2,664.00000 $2,664.00
LID Underdrain connection to catch basin
0105 310028 1.000 EACH $3,916.00000 $3,916.00
Domed overflow grate and riser
0110 311002 4.000 EACH $1,398.00000 $5,592.00
Adjust Sewer-Water-Utility Manhole Frame
0115 402010 363.000 TON $202.00000 $73,326.00
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Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00
HMA Surface Course, 12.5 mm
0120 403002 3035.000 SY $0.57000 $1,729.95
Tack Coat
0125 410002 3185.000 SY $7.19000 $22,900.15
Pavement Profiling (Milling)
0130 501012 1828.000 SY $215.00000 $393,020.00
Reinforced PCC Pavement 6 Inch depth
0135 507008 5.000 CY $3,080.00000 $15,400.00
PCC Steps
0140 507010 2.000 CY $2,046.00000 $4,092.00
Standard PCC Coping
0145 600007 70.000 CY $210.00000 $14,700.00
Incidental Construction Special Item - CY - 602 001 Class I RIPRAP
0150 600011 8.000 EACH $788.00000 $6,304.00
Incidental Construction Special Item - EACH - 608 103 Bicycle Racks (Inverted-
U)
0155 601004 46.000 LF $40.00000 $1,840.00
Underdrain Pipe, 6 Inch
0160 601018 10.000 VLF $107.00000 $1,070.00
Underdrain Pipe Risers
0165 605006 1490.000 SY $84.00000 $125,160.00
PCC Sidewalk, 4 Inch
0170 605026 80.000 SY $282.00000 $22,560.00
Brick Sidewalk on PCC Base
0175 606004 420.000 LF $60.00000 $25,200.00
PCC Curb and/or Gutter
0180 606068 125.000 LF $172.00000 $21,500.00
Furnish&Set8"x12"Granite Circular Curb Radius10-100Ft
0185 606102 4.000 EACH $2,600.00000 $10,400.00
PCC Wheelchair/Bicycle Ramp
0190 606108 125.000 SF $72.00000 $9,000.00
Brick Gutter
0195 607030 560.000 CY $120.00000 $67,200.00
Planting Soil Mix
0200 607032 1050.000 SY $9.50000 $9,975.00
Mulch
0205 607042 52.000 CY $138.00000 $7,176.00
Bioretention Soil
0210 607044 3.000 CY $136.00000 $408.00
Sand Based Structural Soil
0215 608106 1.000 EACH $3,135.00000 $3,135.00
Litter Baskets
0220 608122 240.000 EACH $11.00000 $2,640.00
Perennial, Quart
0225 608124 894.000 EACH $15.00000 $13,410.00
Perennial, 1 gallon
0230 608160 1.000 EACH $489.00000 $489.00
Deciduous Tree 3-4" Cal, B &B
0235 612002 1.000 LS $44,000.00000 $44,000.00
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Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00
Maintenance of Highway Traffic
0240 612008 320.000 SF $8.62000 $2,758.40
Remove Lane Markings
0245 612054 3.000 LF $57.45000 $172.35
Thermoplastic Pavement Marking, 4 Inch
0250 612058 150.000 LF $5.74000 $861.00
Thermoplastic Pavement Marking, 6 Inch
0255 612064 20.000 LF $9.19000 $183.80
Thermoplastic Pavement Marking, 12 Inch
0260 612066 230.000 LF $17.23000 $3,962.90
Thermoplastic Pavement Marking, 24 Inch
0265 612100 1.000 EACH $7,470.00000 $7,470.00
Portable Changeable Message Sign
0270 614058 1005.000 LF $112.00000 $112,560.00
Furnish and Install PVC Coated Rigid Steel
0275 614066 280.000 LF $20.48000 $5,734.40
Remove PVC Coated Rigid Steel Conduit
0280 614078 3.000 EACH $5,512.91000 $16,538.73
F&I 36" x 36" x 36" Manhole
0285 614122 340.000 LF $114.75000 $39,015.00
F&I 1-2" Schedule 40 Rigid PVC Conduit
0290 614236 5570.000 LF $3.92000 $21,834.40
F&I #8 Stranded Wire
0295 614332 1540.000 LF $6.80000 $10,472.00
F&I #8 Stranded Ground Wire
0300 614374 840.000 LF $1.46000 $1,226.40
Remove Conductors in Conduits
0305 614800 3.000 EACH $1,319.60000 $3,958.80
F&I 110 Watt Cobrahead LED Fixture complete with photocell
0310 614812 14.000 EACH $458.93000 $6,425.02
Remove Fixture, Any Type
0315 614993 47.000 EACH $1,360.35000 $63,936.45
Electrical Work Special Item -EACH- 614 801 Furnish and Install 96 watt led
Ceiling Mounted luminaire
0320 614993 86.000 EACH $1,417.80000 $121,930.80
Electrical Work Special Item -EACH- 614 803 Furnish and Install 1-Wall/
Structure Mounted Junction Box
0325 614993 4.000 EACH $340.54000 $1,362.16
Electrical Work Special Item -EACH- 614 805 Furnish and Install 1- Single Pole
20 Amp Circuit Breaker
0330 614995 540.000 LF $33.07000 $17,857.80
Electrical Work Special Item -LF- 614 121 Furnish and Install 1- 3/4 Liquid
Tight Flexible Non-Metal Conduit (Struc
0335 614999 1.000 LS $5,000.00000 $5,000.00
Payment to PEPCO for Connection, Disconnection, Inspection
0340 616016 45.000 LF $41.00000 $1,845.00
Metal Sign Posts, 3.00 Pounds per Foot
0345 616022 31.000 SF $37.00000 $1,147.00
Traffic Sign Panels
0350 616024 10.000 EACH $185.00000 $1,850.00
Page 6 of 48
Docusign Envelope ID: 1380DB2D-283D-44F7-A672-1301904C5F00
Hazard Markers
0355 616028 40.000 EACH $72.00000 $2,880.00
Delineators
0360 616036 50.000 SF $24.00000 $1,200.00
Remove Existing Ground Mounted Sign
0365 616993 10.000 SF $24.00000 $240.00
Traffic Signing Special Item - SF - 612 903 Remove Existing Ground Mounted Sign
Face
0370 616995 27.000 EACH $600.00000 $16,200.00
Traffic Signing Special Item - EACH - 612 901 Relocate Ex. sign to new or Ex.
post or pole
0375 618002 1.000 LS $54,900.00000 $54,900.00
Erosion and Sediment Control
0380 618016 75.000 SY $18.00000 $1,350.00
Geotextile for stormwater management
0385 618018 75.000 SY $30.00000 $2,250.00
Waterproof membrane for stormwater management
0390 709006 245.000 LF $215.00000 $52,675.00
Pipe Handrail
Section 0001 Total $2,407,557.51
Item Total $2,407,557.51
Page 7 of 48
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Garfield Park-Canal Park Connector
B.6 SCOPE OF PAYMENT
In accordance with Standard Specifications Section 109.02:
A. The Contractor shall receive and accept compensation in accordance with the Price Schedule
as full payment for furnishing all materials and for performing all of the Work in a complete
and satisfactory manner including all labor, Plant, as defined herein, and incidentals needed,
and for all risk, loss, damage or expense of whatever nature arising from the Work and its
prosecution, subject to the terms of the Contract.
B. If work under one Contract Line Item (“CLIN”) includes compensation for any work or
material accessory to that CLIN, the amount of such work or material will not be measured,
nor will payment be made under, any other CLIN.
C. Where two or more Contract Line- Item areas overlap either by discrepancy in definition or
by the intricate nature of the work, payment will be made at the lowest Contract unit price
of overlapping Contract Line Items involved.
D. The phrases “Work includes” and “as part of the Work” are sometimes used to clarify that
referenced requirements shall be included as part of the Contract Line Item involved; no
separate or additional payment will be made.
E. The phrase “at Contractor expense” means the Contractor shall meet requirements as its
sole expense with neither liability nor expense to the District.
B.7. NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.7.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect
costs incurred in provision of goods or performance of services under this contract
pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate
Agreement (NICRA). If a nonprofit organization does not have an unexpired NICRA, the
nonprofit organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with B.8.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
B.7.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor
regulations.
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B.7.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as
a prime contractor.
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SECTION C: DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK
C.1 STATEMENT OF WORK
The Contractor shall provide all labor, materials, and equipment for the construction of the
Project in accordance with the Contract Documents (“the Work”), which includes: pedestrian and
amenity area improvements to the area south of Garfield Park under the I-695 bridge and north
of Virginia Avenue SET. The primary improvements are the reconstruction of the concrete pads
for future use as a skate park, basketball court and other amenities, and the installation of an
ADA compliant path to connect Virginia Avenue to Garfield Park as shown on the contract plans,
indicated in the specifications / Special Provisions (J.8) , and as directed by the DDOT Engineer.
he spe
cifications in this document and related Contract Drawings cover the work which includes,
but is not limited to the following:
1. Providing a construction schedule for the project and making adjustments to keep
the schedule updated.
2.Implementing traffic controls. Monitor and maintain traffic controls for the entire
duration of the Project as shown in the pontract plans (J.8) Maintain vehicular and
pedestrian traffic per DDOT Standard Specifications or as directed by the DDOT
Engineer. Maintain access to residential, institutional, and commercial establishments
using appropriate means as approved by the DDOT Engineer.
3. Mobilization and demobilization, provision and maintenance of work and storage
areas, Engineer’s Field Facilities and performance of Employee Training.
4.Implementation of sediment and erosion control measures as shown on the
contract plans. Maintenance of sediment and erosion control measures for the entire
duration of the Project.
5.Removal and disposal of existing pavement surfaces, concrete base, curb,
sidewalk, and any other hard surface for repair and/or replacement.
6.Utility trenching for installation of new catch basins, manholes, and sewer pipes.
Trench backfill and surface restoration.
7. Installation of DDOT Design and Engineering Manual and Manual on Uniform
Traffic Control Devices (MUTCD) compliant signage and pavement markings.
8. Installation of curb ramps to meet current ADA requirements and pedestrian
crosswalk safety improvements.
9. Construction of reinforced concrete pads, staircase, retaining wall and sidewalks.
10. Drainage upgrades including new storm drain pipe , new catch basins & connect
pipes, new manholes, and installation of new drainage structures.
11. Installation of a bioretention facility with underdrain.
12. Pavement profiling of existing asphalt surface course (approximately 2 inches),
resurfacing of existing roadway and installation of a raised crosswalk.
13.Maintain service of all existing utilities during construction.
14. Disposal of all unsalvageable material and all labor, materials, tools, equipment,
and incidentals required to obtain a complete and finished product of work.
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C.2 APPLICABLE DOCUMENTS INCORPORATED BY REFERENCE
The following documents are applicable to this procurement and are hereby incorporated by this
reference:
Title Link
DDOT Standard Specifications for Highways and
Structures
https://wiki.ddot.dc.gov/pages/relea
seview.action?pageId=204112538#
StandardsandManuals(New)-
StandardsandSpecificationsforHigh
waysandStructures
DDOT Standard Drawings https://wiki.ddot.dc.gov/pages/relea
seview.action?pageId=204112538#
StandardsandManuals(New)-
StandardsandSpecificationsforHigh
waysandStructures
Equal Employment Opportunity Employer
Information Report and Mayor’s Order 85-85
OHR's EEO Packet_7.21.2023.pdf
(dc.gov)
Way to Work Amendment Act of 2023 – Living
Wage Notice
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2023%20Living%20Wage%20No
tice.pdf
Way to Work Amendment Act of 2023 – Living
Wage Fact Sheet
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2023%20Living%20Wage%20Fa
ct%20Sheet%20.pdf
Subcontracting Plan Form District Agency Compliance | dslbd
(dc.gov)
DOES First Source Employment Program https://does.dc.gov/page/first-
source-employment-program-

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C.3 DEFINITIONS
The definitions at Section 101.03 of the Standard Specifications apply to this Contract except to
the extent specifically stated herein.
For the convenience of the bidders, the following definitions from Section 101.03 are specified
below. To the extent that the definitions below modify and supplement Section 101.03 , such
modified and supplemented definitions supersede the corresponding definitions at Section
101.03.
Contract – The entire, integrated agreement between the District and the Contractor for the
Project. The Contract is made of the Contract Documents, and supersedes prior negotiations,
representations or agreements.
Contract Documents – The Contract documents consist of the Solicitation sections A -K (the
“Contract Form”), addenda issued prior to execution of the Contract, the price schedule,
performance and payment bonds, specifications, contract drawings , and other documents
listed in this contract form, and modifications issued after execution of the Contract.
Final Acceptance – The occurrence of all the events and satisfaction of all the conditions with
respect to the Wo rk for completion of a ll aspects of the Contract as set forth in Standard
Specifications Section 108.09.
Plant – All physical resources, facilities, machinery, equipment, staging, forms, tools, work
and storage space other than provided by th e Contract, together with subsidiary essentials
and n ecessary maintenanc e for pr oper construction and acceptable completion of the
Project.
Project – The title of the Contract, and also the entire Work to be completed under the
Co
ntract.
Work – The furn ishing of a ll labo r, materia ls, e quipment, and incidenta ls n ecessary or
convenient to the su ccessful completion of the Project and the carrying out of the duties
and obligations imposed by the Contract.
In addition, these terms are defined as follows:
C.4 DELIVERABLES
In addition to any deliverables required elsewhere in the Contract Documents, as defined herein,
the Contractor shall submit the following deliverables in accordance with the Contract.
Item Description Schedule Contract Reference
1. Subcontractor Payment Form Monthly G.3
2. Subcontractor Approval Request Form As Needed I.5
3. Schedule Update Monthly G.1.B
4.. Certified Payrolls and Statement of Compliance Weekly H.2
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C.5 C
ONTRACTOR’S RESPONSIBILITY FOR WORK
N/A
C.6 BRAND NAME OR EQUAL
A. If items called for by the Solicitation have been identified by a brand name description, such
identification is intended to be descriptive, but not restrictive, and is to indicate the quality
and characteristics of products that will be satisfactory. The District will consider alternate
products to be equal if the Contract Administrator determines them to be equal in all material
respects to the brand name products referenced in the Solicitation.
B. The Contractor must provide all descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the District to (i) determine whether the product offered
meets the requirements of the Contract. In making the determination as to equality of a
product the District will consider information furnished by the Contractor. The District may,
but is not obligated to, also consider information reasonably available to the District.
C.7 SUPPLEMENTARY SPECIFICATIONS (also referred to as “Special Provisions”)
Supplementary Specifications (also referred to as “Special Provisions”) are attached to the
Contract at Section J.8.
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SECTION D: PACKAGING AND MARKING
Not A
pplicable.
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 INSPECTION
The inspection and acceptance requirements for this Contract shall be governed by Standard
Specification Section 103.01, Article 12, “Inspection and Acceptance,” and Section 105.13,
“Inspection-Acceptance.”
E.2
ACCEPTANCE
This clause supersedes Standard Specifications Section 105.13, “Inspection – Acceptance.”
B. FINAL INSPECTION AND ACCEPTANCE
1. Within thirty (30) consecutive Calendar Days after receipt of written notice from the
Contractor that Contract work is complete, and the Project area cleaned up, the Engineer
will make a final inspection of the Project. The Contractor shall promptly correct all
deficiencies identified by the Engineer. Once the Contractor has satisfactorily completed
all of the requirements at Section 108.09, “Substantial Completion and Acceptance,” the
Engineer will certify in writing Final Acceptance of the Project.
2. Unless otherwise provided in the Contract, Final Acceptance by the District will be made
as promptly as practicable after inspection of the Work and shall be final and conclusive
except with regard to latent defects, fraud, or such gross mistakes as may amount to
fraud, or with regard to the District’s rights under any warranty or guaranty.
3. The Project will not be accepted until the Contractor has met all Contract requirements.
The Contractor remains responsible for the correction of any deficient or non-compliant
aspects of the Work until Final Acceptance, even if discovered after Final Acceptance.
C. The warranty of workmanship for the Work shall commence at Substantial Completion and
continue for a period of 2 years. If the Department declares partial Substantial Completion on
any portion of the Work in advance of Substantial Completion for the entire Project, the
warranty period for such portion shall commence on the date of partial Substantial
Completion and continue for a period of 2 years.
D. The Department, at any time during the warranty period, may conduct an inspection of the
Work in order to determine conformance to the Contract. If the Department reasonably
determines that defective work of any nature is present and is the responsibility of the
Contractor, the Contractor shall immediately make corrective action to bring the defective
Work into compliance with the Contract, or to the satisfaction of the Department, and at no
expense of the Department.
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 PERIOD OF PERFORMANCE
For the purposes of the Contract “Period of Performance” means “Contract Time” as defined in
Standard Specification Section 108.08, Determination of Contract Time and Partial 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 Contract specifies a different time, Substantial
Completion is 30 Calendar Days before Final Acceptance.
B Final Acceptance Date. The Final Acceptance Date is 240 consecutive calendar days from the
date of Notice to Proceed.
F.2 DELIVERABLES
A. The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator.
B. In addition to all deliverables required by the Contract, 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.
F.3 FAILURE TO COMPLETE ON TIME
Standard Specifications Section 108.09(C), “Liquidated Damages,” applies to the Contract.
F.4 ROAD USERS - Not applicable.
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SECTION G:
G.1 INVO
ICE PAYMENT
This clause supplements and modifies Standard Specifications Section 103.01 Article 9,
“Payments to Contractor,” and Section 109.05, “Progress Payments,” as follows:
A. Monthly Invoices (also be referred to as “applications for payment”). On a monthly basis, the
Contractor shall submit a proper invoice, in accordance with paragraph G.2(B) below, for
completed work. The Contractor shall submit evidence of timely payments to all
subcontractors, in accordance with paragraph G.2, below.
The District will make progress payments to the Contractor for work satisfactorily performed,
less any retainage, discounts, allowances or adjustments provided for in this Contract, on or
before the 30th day after approval of an invoice for payment. Progress payments do not
constitute final acceptance of the work for which payments are made.
B. In the event that the Contractor fails to submit to the CO, at the time of its invoice submittal,
evidence of timely payment to subcontractors for work under the previous invoice and a
performance schedule update, the District will withhold progress payments.
C. Retainage.
The District may retain up to 5% of each progress payment. If, however, the Contractor has
been notified in writing of its failure to meet Contract requirements, the District may withhold
retainage up to 10% of each subsequent progress payment.
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. Unless otherwise specified in the Contract, the Contractor shall submit proper invoices on a
monthly basis.
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.
D. At the time of each invoice, the Contractor shall submit to the CA all deliverables required
under the Contract.
G.3 THE QUICK PAYMENT ACT (Feb 2019)
This clause supplements and modifies Standard Specifications Section 109.06, “Payment to
Subcontractors and Suppliers Certificate,” as follows:
A. Inter
est Penalties to Contractors
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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., as amended, 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 at least 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 the required payment date. The required payment date shall be:
a. The date on which payment is due under the terms of this contract;
b. Not later than 7 calendar days, excluding legal holidays, after the date of delivery of
meat or meat food products;
c. Not later than 10 calendar days, excluding legal holidays, after the date of delivery
of a perishable agricultural commodity; or
d. 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the
amount of the payment due.
2. No interest penalty shall be due to the Contractor if payment for the completed delivery
of goods or services is made on or before:
a. 3rd day after the required payment date for meat or a meat product;
b. 5 th day after the required payment date for an agricultural commodity; or
c. 15th day after any other required payment date.
3. 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
1. The Contractor shall 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 the contract:
a. Pay the subcontractor(s) for the proportionate share of the total payment received
from the District that is attributable to the subcontractor(s) for work performed under
the Contract; or
b. Notify the CO and the subcontractor (s), 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 shall pay subcontractors or suppliers 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 at least 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 the:
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a. 3rd day after the required payment date for meat or a meat product;
b. 5 th day after the required payment date for an agricultural commodity; or
c. 15th day after any other required payment date.
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 is a party. The District
may not be interpleaded in any judicial or administrative proceeding involving such a
dispute.
C. Subco
ntract requirements
1. 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).
2. The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or
mediation as an alternative to administrative or judicial resolution of a dispute between
them.
G.4 ASS
IGNMENT 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 FINAL PAYMENT
This clause supersedes Standard Specification Section 109.08, “Acceptance and Final Payment.”
A. Acceptance means “Final Acceptance,” as defined in Standard Specification Section
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108.08(B). When the Project has been accepted in accordance Standard Specification Section
101.08(B), the Contractor shall prepare, and submit to the CA, the final estimate for the Work
performed for approval by the District. If the District approves the final estimate without
exception to the quantities, the Contractor may file an invoice for final payment. The amount
of the final payment will be the entire sum found to be due after deducting all previous
payments and all amounts to be retained or deducted under the provisions of the Contract.
All prior partial estimates and progress payments shall be subject to correction in the final
estimate and payment.
B. In addition to its invoice for final payment, the Contractor must submit to the Contracting
Officer:
1. A release of all claims against the District arising from or relating to this Contract;
2. Proof of payment of all subcontractors; and
3. All required product warranties, as -built drawings, operating manuals, material
certifications, and other items as specified in the Contract.
The District shall not make final payment to the Contractor unless and until all required
documentation is received.
C. All release forms must bear an original signature of an individual authorized to sign on behalf
of the Contractor and must be affixed with the Contractor’s corporate seal or the seal of a
Notary Public.
D. Notwithstanding the provisions of B.1 above, the Contractor may reserve from the release
specific claims only if such claims have been submitted in accordance with the Disputes clause
of the Contract. In such event, the District will make final payment pending resolution of the
claim. Upon final adjudication
G.6 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.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:
Carol Hessler
Deputy Chief Contracting officer
Office of Contracting and Procurement
250 M Street, SE, 7th Floor
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Telephone: (202) 812-9245
E-mail: carol.hessler@dc.gov
G.8 AUT
HORIZED CHANGES BY THE CONTRACTING OFFICER (“CO”)
A. The CO is the only person authorized to approve changes in any of the requirements of the
Contract.
B. The Contractor shall not comply with any order, directive or request that changes or modifies
the requirements of the 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.
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.9 CONT
RACT ADMINSTRATOR (CA)
A. The address and telephone number of the Contract Administrator (CA) is Mohamed, Abdullahi
Supervisory Civil Engineer Email: Abdullahi.mohmed@dc.gov phone#: (202)-671-4614.
B. For the purposes of the Contract, “Contract Administrator” or “CA” are sy nonymous with
“Engineer.” The CA is responsible for general administration of the Contract and advising the
CO as to the Contractor’s compliance or noncompliance with the C ontract. The CA has the
responsibility of ensuring the work conforms to the requirements of the C ontract and such
other responsibilities and authorities as may be specified in the Contract. The CA will act as
the CO’s representative on technical matters, providing technical clarifications, as necessary,
with respect to the Specifications or Statement of Work, and monitoring the progress and
quality of the Contractor’s performance. Other responsibilities 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 and approving invoices for completed work 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;
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5. Inspecting and accepting/rejecting all deliverables under the Contract; and
6. Maintaining a file that includes all Contract correspondence, modifications, records of
inspections (site, data, equipment, etc.) and invoice or vouchers.
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;
6. Substitute key personnel without CO approval; or
7. Authorize the use of District property, except as specified under the Contract.
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SECTION H: Contract Clauses
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
A. Section 103.02(A) of the Standard Specifications is modified and supplemented as follows:
In acc
ordance with applicable provisions of 29 CFR Part 1 which require that the correct wage
determination and the approp riate wage rates there in be incorporated into this contr act.
General Wage Decision No. DC20240001, Modification No 01 dated May 31, 2024 is bound
herein and contains the specific applicable wage rate(s) which is for: Heavy (Heavy and Sewer
and Water Line) and Highway.
B. 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, a re made a part of this Contrac t.
The Contractor will be reimbursed this added labor cost.
C. Within 7 days after the regular payment date of the Contractor’s payroll period, the
Co
ntractor shall submit all certified payrolls and the accompanying Statement of Compliance
electronically using LCPTracker, the DDOT electronic labor compliance software. DDOT will
provide information regarding registration for LCPTracker at the pre-construction
conference. More information regarding these requirements is in the Davis Bacon
Compliance Requirements, attached at J.4.
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,
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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.
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B. The Contractor shall not:
1. Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
2. Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
a. Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
b. Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.
C. Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
A. The Contractor shall comply with the First Source Employment Agreement Act of 1984, as
amended, D.C. Official Code § 2-219.01 et seq. (First Source Act).
B. The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Services (DOES), in which the Contractor shall agree that:
1. The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
2. The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.
C. The Contractor shall not begin performance of the contract until its Employment Agreement
has been accepted by DOES. Once approved, the Employment Agreement shall not be
amended except with the approval of DOES.
D. The Contractor agrees that at least 51% of the new employees hired to perform the contract
shall be District residents.
E. The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
F. The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate
submission of falsified data.
G. If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
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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 the 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 C
ontractor 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 C
ontractor shall provide a copy of the Fact Sheet attached to the contract to each
employee and subcontractor who performs services under the contract. The Contractor shall
also post the Notice attached to the contract in a conspicuous place in its place of business.
The Contractor shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor to post the Notice in a conspicuous place in its place of business.
F. The Contractor shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date, and shall include this
requirement in its subcontracts for $15,000 or more under the contract.
G. The payment of wages required under the Living Wage Act of 2006 shall be consistent with
and subject to the provisions of D.C. Official Code §32-1301 et seq.
H. The requirements of the Living Wage Act of 2006 do not apply to:
1. Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
2. Existing and future collective bargaining agreements, provided, that the future collective
bargaining agreement results in the employee being paid no less than the established
living wage;
3. Contracts for electricity , telephone, water , sewer or other services provided by a
regulated utility;
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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 of 2006;
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 of
2006;
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 SECTIO N 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
During the performance of the Contract, the Contractor and its subcontractors shall comply
with S ection 504 of the Rehabilitati on Act of l973, as a mended. This Ac t prohibits
discrimination against disabled people in federally funded pr ograms and activities. See 29
U.S.C. § 794 et seq.
H.8 AM ERICANS WITH DISABILITIES ACT OF 1990 (ADA)
During the performance of this contract, the Contractor and 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
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A. Mandatory Subcontracting Requirements
1. For all contracts in excess of $250,000, at le ast 35% of the dollar volume of the Contract
shall be subcontracted to qualified small business enterprises (SBEs).
2. If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9. A.1,
the Contractor may satisfy the requirement by subcontracting 35% of the dollar volume
to any qualified certified business enterprises (CBEs); provided, however, that all
reasonable efforts shall be made to ensure that SBEs are significant participants in the
overall subcontracting work.
3. A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9. A.1 and
H.9.A.2.
4. Except as provided in H.9.A.5 and H.9.A.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through
a set -aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall
be with CBEs. A CBE prime contractor that performs less than 35% of the contracting
effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
5. If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the
CBE member of the certified joint venture shall perform at least 50% of the contracting
effort with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. 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 c ontractor is required to subcontract under the contract, it shall submit a
subcontracting plan as part of the bid , which may only be amended after award with the prior
written approval of the CO and the 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;
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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 DSLBD
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
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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.
BPrior t
o 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. Afte
r 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.
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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.
H.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.
H.12 RESERVED
H.13 PRE-AWARD APPROVAL
The award and enforceability of this contract is contingent upon approval of the Council of the
District of Columbia. In accordance with D.C. Official Code §2 -352.02 and §1- 204.51(c), the
Council of the District of Columbia must approve an award of any contract for over $1,000,000.00
or that has a term extending beyond 12 months. No contract in excess of $l,000,000.00 or that
is for a term extending beyond 12 months shall be binding or give rise to any claim or demand
against the District until approved by the Council of the District of Columbia and signed by the
CO.
H.14 BUY AMERICAN ACT REQUIREMENTS
A. In accordance with the Buy American Act, 41 U.S.C. § 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.
B. 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.
C. 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) acquisiti on 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
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District will make a determination of whether an exception to the Buy American Act applies.
The determination by the District is final.
H.15 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
a. Contractor may have to utilize multiple shifts and/or overtime work (including
Saturdays, Sundays and Holidays) if granted.
b. The cost of multiple shifts and/or overtime work shall be included in the bid
process for the various items of work on the project and no additional
compensation will be allowed.
c. In developing the plan, the Contractor shall consider time lost due to inclement
weather. The District will not consider any requests for partial suspension or time
extension for time lost due to inclement weather.
2. Schedule requirements and updates
a. The C
ontractor shall provide schedule data files to the CA and the CM upon
request.
b. The Contractor shall have monthly reconciliation meetings with the CA/CM to
agree on actual completion percentages.
c. The Contractor shall use the agreed completion percentages for monthly schedule
updates.
d. The Contractor shall not change the schedule logic (relationships between
activities, key constraints, predecessors/successors) without the CA/CM’s
approval.
e. Although the construction Critical Path Method (CPM) schedule is the master path
for the completion of the work, the day -to-day installation of the work by the
Contractor should be managed by short term schedules. These short- term
schedules should cover periods from one to four weeks with two-week lookahead
schedules. The Contractor shall extract the lookahead schedules form the
construction CPM schedule. The Contractor’s lookahead activities shall follow the
latest approved construction CPM schedule.
f. An evaluation of progress is to be completed after each 10 percent increment of
the contract time that has elapsed. Whenever performance falls behind the
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approved plans schedule by 10 percent of more, the Contractor shall, within 15
calendar says, submit to the CA/CM for review a revised plan for completing the
project within the remaining time.
The Contractor must be aware that part of the work may include coordination with various
Government agencies, National Park Service and Utility Companies. Delay by any outside sources
will not constitute grounds for waiving this provision.
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
Except to the extent supplemented and modified, or superseded, by the terms of the Contract,
Standard Specifications for Highways and Structures (2013) (“Standard Specifications”) applies to
this Contract. The Standard Specifications may be found at: http://ddot.dc.gov/page/standard-
specifications-highways-and-structures.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
The District’s obligation for performance of the Contract beyond the fiscal year is contingent
upon the availability of appropriated funds from which payment for contract purposes can be
made. No legal liability on the part of District for any payment may arise for performance under
the Contract beyond the end of the fiscal year in which the Contract was awarded, until funds
are made available to the Contracting Officer for performance and until the Contractor receives
notice of availability, to be confirmed in writing by the Contracting Officer
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to the Project in absolute confidence, shall
comply with the District and federal laws governing the confidentiality of records, and shall not
use the information in connection with any other matters.
I.4 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 the term of the
Contract 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 the Contract.
I.5 SUBCONTRACTING
This paragraph supersedes Standard Specifications Section 108.01, “Subletting of Contract.”
A.The Contractor hereunder shall not subcontract any of the Work to any subcontractor without
the prior written consent of the CO. If the CO consents, any work 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 the
Contract. Notwithstanding any work that is subcontracted, the Contractor shall remain liable
to the District for all of the Work.
B. The Contractor shall use the Subcontractor Approval Request Form (DDOT Form 120 -KA),
attached at J. 3, to request approval of subcontractors on this Project. The form should be
completed for each subcontractor requested for approval and submitted to the Contracting
Officer.
C. The Contractor shall make copies of subcontracts available for review at any time by
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representatives of the District and, for FAHP contracts, the FHWA.
The Contractor shall ensure that all subcontractors meet the General Standards of Responsibility
as set forth in 27 DCMR 2200.4. The Contracting Officer may, but is under no obligation to,
request that the Contractor provide written evidence of a subcontractor’s responsibility. Such
action on the part of the Contracting Officer in no way limits the Contractor’s responsibility under
this subparagraph D.
I.6 TIME
Time, if stated as number of days, will include Saturdays, Sundays, and holidays, unless otherwise
stated herein.
I.7 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 DDOT Freedom of Information Act
(FOIA) Officer in accordance with the D.C. Freedom of Information Act. If DDOT 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 DDOT FOIA Officer 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.8 INSURANCE
A. GEN
ERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Contractor shall submit a Certificate of Insurance to the
Contracting Officer (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.
The G
overnment of the District of Columbia shall be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for workers’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District of
Columbia relating to this contract, with the understanding that any affirmative
obligation imposed upon the insured Contractor or its subcontractors (including without
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limitation the liability to pay premiums) shall be the sole obligation of the Contractor or
its subcontractors, and not the additional insured. The additional insured status under
the Contractor’s and its subcontractors’ Commercial General Liability insurance policies
shall be effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or
CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or combination of
endorsements providing coverage at least as broad and approved by the CO in writing.
The Contractor shall require all of its subcontractors to carry at a minimum the
insurance coverage and limits proportionate to the Sub-Trade Contractor contract
value, scope and risk. The Contractor shall ensure all tiers of his Sub-Trade
Contractors maintain insurance in like form and amounts, including the Additional
Insured requirements. Each Sub-Trade Contractor shall provide Certificates of
Insurance and applicable endorsements to the Contractor prior to the start of the
Sub-Trade Contractor’s work on this project.
The
se policies shall include a separation of insureds clause applicable to the additional
insured.
If the C
ontractor and/or its subcontractors maintain broader coverage and/or higher
limits than the minimums shown below, the District requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor and
subcontractors.
B. INS
URANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least
as broad and approved by the CO in writing), covering liability for all ongoing and
completed operations of the Contractor and under all subcontracts, covering claims for
bodily injury, including without limitation sickness, disease or death and mental anguish
of any persons, broad form property damage, including loss of use resulting therefrom,
personal and advertising injury, and including coverage for liability arising out of an
Insured Contract (including the tort liability of another assumed in a contract) and acts of
terrorism (whether caused by a foreign or domestic source). Such coverage shall have
limits of liability of not less than $1,000,000 for each occurrence, and a $2,000,000
general aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2015 0413 (or its equivalent) to The Government of the
District of Columbia
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b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
(where applicable)
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA
00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with
a minimum combined single limit of $1,000,000 for bodily injury or death and property
damage, including loss of use thereof. Such policy or policies of automobile liability
insurance shall be written on an "occurrence" (as opposed to a "claims made") basis.
Auto
Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:
a) Comp
rehensive - Fire, lightning or explosion; theft; windstorm, hail or
earthquake; flood; mischief or vandalism; or the sinking, burning, collision or
derailment of any conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another
object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
to The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory
to the CO of Workers’ Compensation insurance in accordance with the statutory
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mandates of the District of Columbia or the jurisdiction in which the contract is
performed.
Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the
CO of employer’s liability insurance as follows: $500,000 per accident for injury;
$500,000 per employee for disease; and $500,000 for policy disease limit.
The Wo
rkers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
breach of contract, and violation of any consumer protection laws arising out of
Contractor’s operations or services with a limit of $2,000,000 per claim and in the
aggregate. Such coverage shall include but not be limited to, third party and first party
coverage for loss or disclosure of any data, including personally identifiable information
and payment card information, network security failure, violation of any consumer
protection laws, unauthorized access and/or use or other intrusions, infringement of
any intellectual property rights (except patent), unintentional breach of contract,
negligence or breach of duty to use reasonable care, breach of any duty of
confidentiality, invasion of privacy, or violations of any other legal protections for
personal information, defamation, libel, slander, commercial disparagement, negligent
transmission of computer virus, or use of computer networks in connection with denial
of service attacks. Such coverage shall include regulatory defense and fines/penalties in
any jurisdiction anywhere in the world. Such coverage shall include contractual privacy
coverage for data breach response and crisis management costs that would be incurred
by Contractor on behalf of The Government of the District of Columbia in the event of a
data breach including legal and forensic expenses, notification costs, credit monitoring
costs, and costs to operate a call center. Contractor shall maintain coverage in force
during the term of this Agreement and for an extended reporting period of not less than
two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from
any error or omission in the performance of professional services under this Contract.
The policy shall provide limits of $1,000,000 per claim or per occurrence for each
wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any
applicable retroactive date precedes the date the Contractor first performed any
professional services for the Government of the District of Columbia and that
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continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least ten years after the completion of the professional
services. Limits may not be shared with other lines of coverage.
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 of $5,000,000 per occurrence and $5,000,000 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 Government of the District of Columbia and the “other insurance” provision must
be amended in accordance with this requirement and principles of vertical exhaustion.
7. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor shall
provide evidence satisfactory to the CO of environmental liability insurance covering
losses caused by pollution or other hazardous conditions arising from ongoing or
completed operations of the Contractor. Such insurance shall apply to bodily injury,
property damage (including loss of use of damaged property or of property that has
been physically injured), clean-up costs, transit and non-owned disposal sites. Coverage
shall extend to defense costs and expenses incurred in the investigation, civil fines,
penalties and damages or settlements. There shall be neither an exclusion nor a
sublimit for mold or fungus-related claims. The minimum limits required under this
paragraph shall be $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 completed operations
coverage will be maintained for at least ten (10) years or an extended reporting period
shall be purchased for no less than ten (10) years after completion.
The C
ontractor also must furnish to the CO Owner certificates of insurance
evidencing environmental liability insurance maintained by third party
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.
The Environmental Liability policy shall be further endorsed to include The
Government of the District of Columbia as an Additional Insured.
8. Installation-Floater Insurance - For projects not involving structural alterations, the
contractor shall provide an installation floater policy with a limit equal to the Property
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values being installed as part of the project. The policy shall cover property while
located at the project site, at temporary locations, or in transit; deductibles will be the
sole responsibility of the contractor.
9. Sexual/Physical Abuse & Molestation - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries $1,000,000
per occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation
liability coverage. Coverage should include physical abuse, such as sexual or other bodily
harm and non-physical abuse, such as verbal, emotional, or mental abuse; any actual,
threatened or alleged act; errors, omission or misconduct. This insurance requirement
will be considered met if the general liability insurance includes an affirmative sexual
abuse and molestation endorsement for the required amounts or through a separate
stand-alone sexual abuse and molestation policy with confirmation there are no
exclusions for abuse or assault & battery under the General Liability. So called “silent”
coverage or “shared” limits under a commercial general liability or professional liability
policy will not be acceptable. Limits may not be shared with other lines of coverage. The
applicable policy may need to be submitted to the ORM for compliance review.
C. SUB
CONTRACTOR INSURANCE REQUIREMENTS
The
Contractor shall require all of its subcontractors to carry at a minimum the
insurance coverage and limits proportionate to the Sub-Trade Contractor contract
value, scope and risk. The Contractor shall ensure all tiers of his Sub-Trade
Contractors maintain insurance in like form and amounts, including the Additional
Insured requirements. Each Sub-Trade Contractor shall provide Certificates of
Insurance and applicable endorsements to the Contractor prior to the start of the
Sub-Trade Contractor’s work on this project.
The r
equired insurance shall be subject to the approval of the Contractor, but any
acceptance of insurance certificates by Contractor shall in no way limit or relieve
the Contractor of the duties and responsibilities stipulated in the Trade (Sub)
Contract Agreement.
D. PRIMA
RY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
E. DUR
ATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
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F. LIAB
ILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the
insurance or the limits of insurance specified herein are sufficient or adequate to
protect your interests or liabilities and will not in any way limit the contractor’s liability
under this contract.
G. CON
TRACTOR’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 Government of
the District of Columbia.
H. MEASU
RE OF PAYMENT. The Government of the District of Columbia 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. NOT
IFICATION. The Contractor shall ensure that all policies provide that the CO shall
be given thirty (30) days prior written notice in the event of cancellation, non-renewal,
or material changes to the extent such cancellation or material changes results in
Contractor no long complying with the above requirements. The Contractor shall
provide the CO with ten (10) days’ prior written notice in the event of non-payment of
premium. The Contractor will also provide the CO with an updated Certificate of
Insurance should its insurance coverages renew during the contract. The Government of
the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the
change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CER
TIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with
evidence of renewal before the expiration date of each insurance policy. Contractor is
responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence
of insurance shall be submitted by e mail to:
The Go
vernment of the District of Columbia
Office of Contracting and Procurement at DDOT
and e-mailed to the attention of:
Carol Hessler Deputy Chief Contracting Officer
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250 M Street S.E., 7th Floor, Washington D.C. 20003
(202) 812-9245
carol.hessler@dc.gov
The CO
may request and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of
the insurance policies. If the insurance initially obtained by the Contractor expires prior
to completion of the contract, renewal certificates of insurance and additional insured
and other endorsements shall be furnished to the CO prior to the date of expiration of
all such initial insurance. For all coverage required to be maintained after completion,
an additional certificate of insurance evidencing such coverage shall be submitted to the
CO on an annual basis as the coverage is renewed (or replaced).
K. DIS
CLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to
any third party which presents a claim against The Government of the District of
Columbia 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.
L. CARR
IER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.
M. WARR
ANTIES. When applicable, the Contractor should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability
policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another
occurrence-based form with coverage at least as broad). CO should collect, review for
accuracy, and maintain all warranties for goods and services.
I.9 D
ISPUTES
This clause supersedes Standard Specifications Section 103.01 Article 7, “Disputes.”
All disputes arising under or relating to the contract shall be resolved as provided herein, except,
for Federal Aid Highway Program (FAHP) contracts only, disputes arising out of the labor
standards provisions of the Contract are governed by the requirements at H.10.A.9.
(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
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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
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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 clause shall not authorize the CO to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
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(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.10 PERFORMANCE AND PAYMENT SECURITY
Standard Specifications Section 102.01, Article 12(B), (C) and (D) apply to the Contract.
In the event the Contract is terminated for default, the Contractor is liable for any cost of
acquiring the remaining work that exceeds the amount of its bid, and the performance bond is
available to offset the difference.
I.11 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.12 SITE INVESTIGATION – CONSTRUCTION
A. 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;
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.
B. 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 clause 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.
C. The Contractor is solely responsible for any conclusions or interpretations made by the
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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.
I.13 DC HUMAN RIGHTS ACT ANTI-DISCRIMINATION CLAUSE
During the performance of the Contract, the Contractor shall comply with the DC Human Rights
Act of 1977, D.C. Official Code § 2-1401 et. seq., as amended. The Contractor shall ensure that all
subcontracts contain this requirement.
I.14 AMERICANS WITH DISABILITIES ACT REQUIREMENTS
This clause supersedes Standard Specification Section 102.10, “Employment of the Handicapped.”
Pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, as amended, the DC Human Rights
Act of 1977, and the Americans With Disabilities Act, the Contractor and all Subcontractors agree
not to discriminate against any person with disabilities who is qualified to perform the job. The
Contractor a lso agrees to tak e Affirmative Action to hire , advance, and tr eat persons with
disabilities without discrimination.
I.15 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
2. The Contract
3. Contract Attachments, including Supplementary Specifications, Special Provisions and
Contract Drawings
4. Standard Specifications for Highways and Structures (2013)
5. Other DDOT Standard Specifications
6. Utility Standard Specifications
In addition:
7. Original scaled drawings and details have priority over other different scale drawings and de
tails; and
8. Large scale drawings and details have priority over small scale drawings and details.
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I.16 STANDARD TERMS AND CONDITIONS
The following sections of the Standard Specifications, Division 100, are incorporated into this
Contract by reference. These references are not intended to be an exhaustive list of Division 100
requirements and are included simply for the convenience of the Contractor.
Section 103.01
Article 3 Changes
Article 5 Termination – Delays
Article 6 Termination – Convenience of the District
Article 10 Transfer or Assignment
Article 11 Material and Workmanship
Article 13 Superintendence by Contractor
Article 14 Permits and Responsibilities
Article 15 Indemnification
Article 16 Protection Against Trespass
Article 17 Conditions Affecting the Work
Article 19 Patent Indemnity
Article 20 Covenant Against Contingent Fees
Article 21 Appointment of Attorney
Article 22 Officials Not to Benefit
Article 23 Waiver
Article 25 Taxes
Article 26 Suspension of Work
Article 27 Safety Program
Article 28 Retention of Records
Section 107.15 Contractor’s Responsibility for the Work
Section 108.01 Subletting of Contract
Section 108.02 Notice to Proceed
Section 109.03 Extra and Force Account Work
Section 109.04 Eliminated Items
Section 109.07 Payment for Stockpiled Materials
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SECTION J: ATTACHMENTS
The following attachments are incorporated into the Solicitation.
Attachment
Number Document
J.1
U.S. Department of Labor Wage Determination DC20240001, Modification
No.1 dated May 31, 2024. All wage categories in the Wage Determination
apply to this contract including Heavy Construction, Sewer and Water Lines,
Paving and Incidental.
J.2 Subcontractor Approval Request Form (DDOT Form 120-KA)
J.3 Equal Employment Opportunity Information Report
J.4 DDOT Davis Bacon Compliance Requirements, Certified Payroll, And Weekly
Compliance
J.5 DDOT Monthly Equal Employment Opportunity Utilization Report
J.6 Subcontractor Payment Form
J.7 TECHNICAL REQUIREMENTS
J.8 Supplementary Specifications (also referred to as “Special Provisions”)
J.9 Project Drawings
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