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MURIEL BOWSER
MAYOR
April 24, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code §
1-204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code
§ 2-352.02), enclosed for consideration and approval by the Council of the District of Columbia
is proposed definitive Contract No. DCAM-24-CS-IFB-0001 with Fort Myer Construction
Corporation in the not-to-exceed amount of $17,631,029.72. The period of performance is from
January 6, 2025, through January 6, 2027.
Under the proposed contract, Fort Myer Construction Corporation will provide construction
services required to complete site and utility demolition, erosion and sediment control measures,
new underground wet and dry utilities, and new roadway and streetscape improvements for the
13th Street Connector to Alabama Avenue, SE; Sycamore Drive, SE; the Saint Elizabeths Hospital
entry roadway, and a new busway within Columbia Heights Metro Station.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please contact Delano
Hunter, Director, DGS, or have your staff contact Eric Njonjo, Acting Chief Procurement Officer,
DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
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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
(Definitive Letter Contract)
(A) Contract Number: DCAM-24-CS-IFB-0001
Contractor: Fort Myer Construction Corporation
Proposed Contract Amount: Not-to-exceed (“NTE”) amount of $17,631,029.72
Unit and Method of Compensation: Progress payments based on Fixed Unit Prices
Term of Contract: 730 calendar days from the date of the Contracting
Officer’s execution of the Notice to Proceed and
Letter Contract (January 6, 2025, through January 6,
2027).
Type of Contract: Fixed Unit Prices with NTE amount
Source Selection Method: Competitive Sealed Bid (Invitation for Bid)
(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:
N/A
(C) The date on which the letter contract was executed:
The Notice to Proceed and Letter Contract was executed on January 6, 2025.
(D) The number of times the letter contract has been extended:
The Letter Contract has been extended two times:
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1. Modification 2 to the Letter Contract extended the duration of the Letter Contract to April
30, 2025.
2. Modification 3 to the Letter Contract extended the duration of the Letter Contract to May
15, 2025.
(E) The value of the goods and services provided to date under the letter contract, including
under each extension of the letter contract:
The total value of the goods and services provided to date under the Letter C ontract is $950,000,
which represents the not-to-exceed amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
If approved, Contract No. DCAM-24-CS-IFB-0001 (the “Contract”), between the Department of
General Services (“DGS” or the “Department”) and Fort Myer Construction Corporation (the
“Contractor”) will require the Contractor to perform , at a minimum, site and utility demolition
within the project limits of disturbance, erosion and sediment control measures, new underground
wet and dry utilities and new roadway and streetscape improvements for approximately 642 linear
feet (“LF”) for the 13th Street Connector to Alabama Avenue SE, 240 LF of Sycamore Drive SE,
467 LF of the Saint Elizabeths Hospital entry roadway, 637 LF of a new busway within Congress
Heights Metro Station (CHMS) (including maintenance parking and bus layover areas), and 263
LF of the WMATA Traction Power Substation (TPSS) access driveway and parking. The work
also includes signalized intersections at 13th and Sycamore, 13th and Alabama Avenue, and at the
CHMS busway exit at Alabama Avenue SE, as well as the new Entrance Roadway and Owner
supplied Security Booth at the new location of the St. Elizabeth Hospital entry control point. The
scope of work also includes construction of new bus shelters and related streetscape improvements
and street lighting systems within CHMS and along all roadways in the project limits.
(G) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
On April 10, 2024, the Department issued an Invitation for Bids (“IFB”) to engage a contractor for
the Project. On the bid due date, July 3, 2024, two companies (collectively, the “Bidders” and each
individually, a “Bidder”) submitted bids in a timely manner.
At the virtual bid opening, the Department reviewed each Bidder’s Offer Letter and Bid Form and
reported each Bidder's Grand Total price to complete the Project. Each Bidder’s Grand Total was
determined by adding the total price for each line item required by the IFB , plus allowance.
Utilizing the Bidder's preferences as determined by the Department of Small and Local Business
Development (“DSLBD”), each Bidder's Evaluated Bid Price was determined by reducing the
Bidder's total price by the appropriate percentage. The low est apparent bidder was Fort Myer
Construction Corporation.
After the bid opening, a comprehensive review of the bid submitted by Fort Myer was conducted
and the bidder was determined responsive. In addition, due to the critical nature of the services,
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the IFB included Special Standards of Responsibility to ensure the selected Bidder maintained the
requisite experience and expertise to perform the work. A thorough review of the information
submitted by the Fort Myer Construction Corporation in response to the Special Standards of
Responsibility provided that the Bidder met each standard. Having met both the Standards of
Responsibility described in 27 DCMR § 4706 and the Special Standards of Responsibility provided
in the IFB, the Contracting Officer, by written determination, found the Bidder responsible.
Pursuant to the IFB, having found: (i) the Contractor’s bid responsive; (ii) the Contractor’s bid to
be the lowest evaluated price; and (iii) the Contractor responsible, the Contracting Officer, by
award memorandum executed on August 5, 2024 , concluded that it was advantageous to award
Contract No. DCAM-21-CS-IFB-0001 to the Contractor.
(H) 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:
The award of the Contract was not protested.
(I) 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:
For nearly 50 years, Fort Myer Construction Corporation (“FMCC”) has served the infrastructure
needs of the District of Columbia, Maryland, and Virginia. FMCC has received a number of awards
for its infrastructure work throughout the District, Maryland, and Virginia a nd has completed
notable projects such as the widening of Route 1 in Prince William County, the reconstruction of
the intersection of MD 97 at Randolph Road in Montgomery County, construction of the District’s
fiber optic network, and the 31st Street Bridge. The Contractor reports over 900 employees and a
fleet of over 1,100 modern vehicles. As previously stated, having met both the Standards of
Responsibility described in 27 DCMR § 4706 and the Special Standards of Responsibility provided
in the IFB, the Bidder has been determined responsible.
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(J) 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 Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LZXM01976102026). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.
Total Contract Amount $17,631,029.72
Fort Myer Self-perform $15,621,029.72
Amount Available to Subcontract $2,000,000.00
Total CBE/SBE Subcontracted Amount $2,000,000.00
Percentage of Amount Available
To Subcontract 100%
(K) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all of the labor, tools, equipment, and materials and other
services necessary for completion of the Project. The Project must be complete no later than 730
Days from the effective date of the Notice to Proceed or January 10, 2027. The Contractor is
subject to liquidated damages of $5,000 per workday of delay for failure to timely complete the
work for the Project. Additionally, the Department may also withhold payments to the Contractor
based on defects in any application for payment or performance on the Project.
In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein . The Contractor’s performance will be monitored by
DGS staff and DGS’ designated Program Manager.
(L) 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:
The Letter Contract executed by the Department on January 6, 2025 provides for a not-to-exceed
amount of $950,000, representing the total expenditure of funds authorized to date.
(M) 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:
The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with §§47- 392.01 and 47- 392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.
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(N) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The proposed Contract has been deemed legally sufficient by the Department’s Office of the
General Counsel and the Contractor does not appear to have any current pending legal claims
against the District.
(O) 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):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(P) 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 Contractor has certified that it is current with its federal taxes.
(Q) 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.:
According to the DSLBD website, the Contractor is a certified Local, and Long Time Resident
Owned Business Enterprise and a Local Manufacturing Business Enterprise located in
Development Enterprise Zone. The Contractor’s CBE Number is LZXM01976102026, with an
expiration date of October 17, 2026.
(R) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
N/A
(S) 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 Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
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(T) 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):
None
(U) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information will be published on the DGS website.
(V) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments can be found on the Department’s web site at
https://dgs.dc.gov/event/redevelopment-st-elizabeths-east-campus-%E2%80%93-13th-street-
connector-infrastructure-improvements
(W) (1) A certification that the proposed contractor has been determined not to 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;
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:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: March 23, 2025 L0013985384Notice Number:
FEIN: **-***6585
Case ID: 18482991
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
FORT MYER CONSTRUCTION CORPORATION
2237 33RD ST NE
WASHINGTON DC 20018-1505
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the Chief Financial Officer
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson-Beckham
Agency Fiscal Officer
Reference: Redevelopment St. Elizabeths East Campus – 13th Street Connector
Infrastructure Improvements
Date: March 24, 2025
Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state that the contract for the infrastructure improvements for 13th Street
Connector (DCAM-24-CS-IFB-0001) with Fort Myer Construction Corporation in the amount of
Seventeen Million Six Hundred Thirty-One Thousand Twenty-Nine Thousand Dollars and
Seventy-Two Cents ($17,631,029.72) is consistent with the Department’s current budget and
adequate funds are available in the budget for “capital eligible” expenditures.
Per Contracts & Procurement (C&P), the Department of General Services ( DGS-
Implementing)/Office of the Deputy Mayor for Planning and Economic Development ( DMPED-
Owner) issued a letter contract in the amount of $950,000.00. The letter contract was funded under
PO723890. The Department is now seeking approval to increase the contract amount by
$16,681,029.72 to $17,631,029.72 ($950,000.00 + $16,681,029.72).
The Department of General Services (DGS – Seller Agency) has 17,631,029.72 in capital inter
agency and capital intra district funds from the Deputy Mayor for Planning & Economic
Development (DMPED – Buyer Agency).
Fiscal Sufficiency Review
Redevelopment St. Elizabeths East Campus – 13th Street Connector Infrastructure Improvements
Contract Number: DCAM-24-CS-IFB-0001
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
The PASS information follows.
Project Name Project
Number Fund Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
EB0 to AM0_St.
Elizabeth 13th
Connector
Infrastructure
300206 3030300 N/A AM0 EB0 PO723890 $950,000.00 Letter Contract
AM0.EBK08C.ST
E'S RDWYS/
INFRASTR
STAGE 2
300028 3075750 N/A AM0 EB0 RK299361 $9,731,029.72
Proposed – Part
of
$16,681,029.72
EB0 to AM0_St.
Elizabeth 13th
Connector
Infrastructure
300206 3030300 N/A AM0 EB0 RK299361 $6,950,000.00
Proposed – Part
of
$16,681,029.72
TOTAL $17,631,029.72
Antoinette Hudson-Beckham
Agency Fiscal Officer
for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Redevelopment of St. Elizabeths East Campus –
13th Street Connector
Contract Number: DCAM-24-CS-IFB-0001
Contractor: Fort Myer Construction Corporation
DATE: April 10, 2025
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced contract award and has found
it to be legally sufficient, subject to submission of : (i) any required materials to Council for
approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
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December 18, 2024
Sent via email to Sam Patelspatel@fortmyer.comand Sharon Alukonis salukonis@fortmyer.com
Sam Patel
Vice President - Estimating & Project Delivery
Fort Myer Construction Corporation
2237 33rd Street NE
Washington, DC | 20018
Reference: Invitation for Bid No. DCAM-24-CS-IFB-0001 (“IFB”) – Redevelopment St.
Elizabeths East Campus – 13th Street Connector Infrastructure Improvements
Subject: Notice to Proceed and Letter Contract
Dear Mr. Patel:
We refer to the bid submitted by Fort Myer Construction Corporation (the “Contractor” or “FMCC”)
in response to the above referenced IFB. As noted in the Department’s Notice of Award, FMCC has
been selected to perform the required services and if this Letter Contract (“Letter Contract”) is
signed by the Contractor without modification of any kind, it will serve as the notice to proceed for
the work described below. This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter Contract between the Contractor and the District of Columbia
Government, acting by and through its Department of General Services(“DGS”or the “Department”),
and shall govern our relationship until such time as a final contract is entered into for the work
described in Invitation for Bid DCAM- 24-CS-IFB-0001, as amended, including Attachments J.1.1
– J.1.33 and the District of Columbia Standard Contract Provisions General Provisions
(Construction Contracts) ( Exhibit 1 ) (the “Definitive Contract”); provided, however, that to the
extent an issue is not covered in this Letter Contract, the IFB, as amended, shall govern. Once the
Definitive Contract is executed by an authorized Contracting Officer, this Letter Contract shall
automatically be incorporated in to and shall merge into and be superseded by the Definitive
Contract.
2. Scope of Work. The Contractor shall provide all labor, materials, and equipment for the
construction of the 13 th Street Connector Infrastructure Improvements project (the “Project”) in
accordance with the IFB to include, but not limited to, Section C of the IFB, the 13 th Street Connector
Infrastructure Improvement Drawings and Pro ject Specifications and r elated Reference Information
Documents (“RIDs”) (Attachment J.1 ) including Released for Construction Contract Plans for 13 th
Street Connector Infrastructure Improvements (the “Contract Plans”) ( Attachment J.1.1), the District
Department of Transportation (“DDOT”) Standa rd Specifications for Highways and Structures, 2013
(“DDOT Gold Book”) (Attachment J.1.2.a ), Project Special Provisions ( Attachment J.1.3 ),
Washington Metropolitan Area Transit Authority (“WMATA”) Joint Development and Adjacent
Construction (“JDAC”) Construction Manual (Attachment J.1.4) and other associated attachments in
Section J.1 of the IFB, the DGS Standard Contract Provisions (Exhibit 1), the WMATA JDAC Division
1 Contract requirements (Attachment J.3.b), and other attachments identified in Section J of the IFB.
Specifically, FMCC shall provide the items listed in the Schedule of Values (Exhibit 2).
3. Deliverables. In connection with the services provided pursuant to this Letter Contract,
the Contractor shall provide, at a minimum, the d eliverables identified in the Schedule of
Values (Exhibit 2) to the Department’s Project Manager, and in the referenced instances to the
Contracting Officer, as applicable.
4. Amount. The limit of this authorization is up to $950,000. This amount includes the
Schedule of Values provided in Exhibit 2. In no event will the Contractor be entitled to receive
more than this amount unless authorized in advance and in writing by a duly authorized
Contracting Officer. This amount includes all costs incurred by the Contractor in connection
with the work authorized hereby.
5. Insurance. At all times while working under this Letter Contract, the Contractor shall
maintain insurance as described in Section I.9 of the IFB, as amended. All such policies shall be
endorsed to add the District of Columbia, incl uding, but not limited to, its Department of
General Services, and the respective agents, employees, and offices of each as additional
insureds.
6. Duration. The Letter Contract will become e ffective on the date the Letter Contract is
executed by the Department. This Letter Contract, on the earlier to occur of the following, will
either: (i) terminate on March 1, 2025; or (ii) automatically be incorporated into and shall
merge into and be superseded by the Defin itive Contract on the date the Definitive Contract
becomes effective. DGS reserves the right to terminate this Letter Contract, in whole or
specified part, for convenience in the manner described in Article 5 and Article 6 of the District
of Columbia Department of General Services Standa rd Contract Provisions General Provisions
(Construction Contracts) (Exhibit 1).
7. Key Personnel. To carry out its duties, th e Contractor shall provide at least the key
personnel identified in Exhibit 3 (“Key Personnel”). The Key Personnel shall include:
a) Project Executive;
b) Field Superintendent; and
c) Project Manager.
8. ProjectTeam. The Contractor shall utilize the Department’s current project management
software (“ProjectTeam”) system to submit a ny and all Project Documentation required to be
provided by the Contractor for the Project, incl uding, but not limited to: (i) requests for
information; (ii) submittals; (i ii) meeting minutes; (v) certified payrolls (in addition to upload
via LCP Tracker); (vi) drawings and specifications ; (vii) punchlist; and (viii) other Project
Documents as may be designated by the Depar tment. The Contractor also shall require all
subcontractors and subconsultants to utilize ProjectTeam for the Project execution.
Electronic storage and transmission of information via ProjectTeam system shall be compliant
with the provisions of the Document Security section of these General Requirements.
9. Ownership and Use of Documents. All documents and work products prepared by the
Contractor shall become the property of the Department upon the payment of invoices submitted
under the Letter Contract.
10. Compliance. This authorization to proceed includes appropriate provisions relating to
compliance documents (First Source Employmen t Agreement, Department of Small and Local
Business Development (“DSLBD”)), and insurance. At a minimum, however, the Department’s
Standard Contract Provisions Genera l Provisions (Construction Contracts) ( Exhibit 1 ) shall
apply. In addition to the requirements set forth in any such subsequent authorization, prior to
executing this Letter Contract, the Contractor shall provide the Department’s Contracting
Officer with certificates evidencing insurance. In the event the Contractor fails to provide the
Department with such certificates of insurance, the Department may withhold any subsequent
payment until such documents are provided.
11. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract
Provisions General Provisions (Construction Contracts) ( Exhibit 1 ) and the Contractor’s Bid
(Exhibit 4 ) dated July 3, 2024, supersede all contem poraneous or representations, course of
dealing, or agreements, either written or oral. No modifications to this Letter Contract shall be
effective against the Department and unless made in writing signed by the Department.
Notwithstanding the provisions of this Section 11 , nothing herein shall limit the Department’s
ability to unilaterally modify this Letter Contract.
12. Davis Bacon Act. The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Davis Bacon Act as set forth in Exhibit 5.
13. Living Wage Act. The Contractor agrees th at the work performed under this Letter
Contract shall be subject to the Living Wag e Act in effect at the time of Letter Contract
execution by the Department. As such, the Contract or and its subcontractors shall comply with
the wage reporting requirements imposed by the act as set forth in Exhibit 6.
14. Campaign Finance Reform Act. The Contractor agrees to comply with the Campaign
Finance Reform Act certification requirement purs uant to the D.C. Official Code § 1-1161.01
(Exhibit 7).
15. Exhibits. The following exhibits are attached to the NTP/Letter Contract and can be
accessed at DCAM-24-CS-IFB-0001 Notice to Proceed Letter Contract:
Exhibit 1 – District of Columbia Department of General Services Standard Contract
Provisions General Provisions (Construction Contracts)
Exhibit 2 – Schedule of Values
Exhibit 3 – Key Personnel
Exhibit 4 – Contractor’s Bid
Exhibit 5 – Davis Bacon
Exhibit 6 – 2024 Living Wage Act
Exhibit 7 – Campaign Finance Reform Act Self-certification
ISSUED BY: ACCEPTED BY:
DEPARTMENT OF GENERAL SERVICES FORT MYER CONSTRUCTION
CORPORATION
By: ____________________
Name: __________________
Title: ___________________
By:
Name: James H. Marshall
Title
: Contracting Officer Date
Date: January 6, 2025 Date: __________
Vice President
Sam Patel
X
1
2
3924 Minnesota Avenue NE 5th Floor
3. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20018
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-IFB-0001X
1
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 1 See Block 16C N/A
Redevelopment St. Elizabeths
East Campus - 13th Street
Connector Infrastructure
2. Modification Number
Capital Construction Division
(Signature of person authorized to sign) (Signature of Contracting Officer) 1/10/2025
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-24-CS-IFB-0001
Section 11 and Exhibit 1, Standard Contract Provisions.
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor
Renee Holmes
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known
or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences
or result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided
pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
The Notice to Proceed date is hereby modified from January 6, 2025 to January 10, 2025, consistent with the date
the notice was communicated to the Contractor
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 6, 2025
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Fort Myer Construction Corporation
2237 33rd Street NE
1/10/2025
(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0001 2 of 2
4. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
$950,000
Modification No.
Letter Contract Modification 1
Total Not to Exceed Amount
Revise Notice to Proceed Date to 1/10/2025
X
2
3 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or
result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided
pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
1. Section 4 Amount. This is a no-cost modification. The not to exceed amount of the contract remains $950,000.
Section 6 Duration. Delete: March 1, 2025 Insert: April 30, 2025
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 10, 2025
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Fort Myer Construction Corporation
2237 33rd Street NE
A. This change order is issued pursuant to: (Specify Authority)
Contractor
Renee Holmes
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-24-CS-IFB-0001
Section 11 and Exhibit 1, Standard Contract Provisions.
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
(Signature of person authorized to sign) (Signature of Contracting Officer) 2/28/2025
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 2 See Block 16C N/A
Redevelopment St. Elizabeths
East Campus - 13th Street
Connector Infrastructure
2. Modification Number
Capital Construction Division
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20018
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-IFB-0001X
1
(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0001 2 of 2
5. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
Modification No. 2 $0
$950,000
Extend Duration to 4/30/2025
Revise Notice to Proceed Date to 1/10/2025
Modification No.
Letter Contract Modification 2
Total Not to Exceed Amount
X
2
3 RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or
result of, relating to or in any manner connected with this Modification, the above-referenced services, and the work provided
pursuant to this agreement.
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019 Washington, DC 20019
1. Section 4 Amount. This is a no-cost modification. The not to exceed amount of the contract remains $950,000.
Section 6 Duration. Delete: April 30, 2025 Insert: May 15, 2025
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copies of the amendment: (b) By acknowledging receipt of this
January 10, 2025
following methods: (a) By completing Items 8 and 15, and returning
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Fort Myer Construction Corporation
2237 33rd Street NE
A. This change order is issued pursuant to: (Specify Authority)
Contractor
Renee Holmes
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Letter Contract DCAM-24-CS-IFB-0001
Section 11 and Exhibit 1, Standard Contract Provisions.
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
(Signature of person authorized to sign) (Signature of Contracting Officer) 4/11/2025
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
James H. Marshall
copy to the issuing office.is required to sign this document and return
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
E. IMPORTANT: is not,
Contracts and Procurement Division
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-24-CS-IFB-0001 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Letter Contract Modification 3 See Block 16C N/A
Redevelopment St. Elizabeths
East Campus - 13th Street
Connector Infrastructure
2. Modification Number
Capital Construction Division
3924 Minnesota Avenue NE 5th Floor
4. Terms & Conditions. All other terms and conditions remain unchanged.
Letter Contract DCAM-24-CS-IFB-0001 is hereby modified as described below.
10A. Modification of Contract/Order No.Washington, DC 20018
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-24-CS-IFB-0001X
1
(Continuation)
Contract Number Page of Pages
DCAM-24-CS-IFB-0001 2 of 2
5. Letter Contract Recap:
Letter Contract Executed $950,000
Modification No. 1 $0
Modification No. 2 $0
Modification No. 3 $0
$950,000
Revise Notice to Proceed Date to 1/10/2025
Extend Duration to 4/30/2025
Modification No.
Letter Contract Modification 3
Total Not to Exceed Amount
Extend Duration to 5/15/2025
DCAM-24-CS-IFB-0001RedevelopmentSt.ElizabethsEastCampus-13thStreetConnectorInfrastructureImprovements
i Ta.Caption PapePagesSioaTe IDLO MCLEE RedovclopmentSt.ElizabethsEastCampus~13"StreetConnectorInfrastructureImprovements
1 891b,MarketType(OpenMarketwithSBESubcontractingRequirements3¢SectionH.7ofthisSolicitation2.Solicitation/ContractNumber 3.EffectiveDate 4,Requisition/PurchaseRequestProjectNo.
DCAM-24-CS-IFB-0001SeeBlock18A_|RK2748355.TesuedBy: 6.Administeredby(otherthanline8)DepartmentofGeneralServices DepartmentofGeneralServicesContractsandProcurement CapitalConstructionDivision3824MinnesotaAvenue,NE 3924MinnesotaAvenue,NEWashington,DC20019 Washington,DC200197.NameandAddressofContractor
JFORTMYERCONSTRUCTIONCORPORATION }SEG2Crain223733rdStreet,Northeastashington,DC 20018 70.SubritinvoleesasdesorbedinSection6“1,RESERVED 72,Paymentwilbemadeby.Government of the Districtof Columbia
DepartmentofGeneralServices
Officeof the Chief FinancialOfficer
3924 Minnesota Avenue, NE
Washington,DC20019
JOther
1S,AcknowledgementofAmendments “AmendmentNo. Date‘TheBidderacknowledgesreceiptofamendmentstothesokcitation01,02,03 anisiz4,4725/24,sio24
UF,05,06 T1124,ST2ATIA,STS(0708-09. 618/24,627724,628/24
14Supplies/Services/Price-SeeSectionB.S
15.TableofContents
A COVERPAGE, 48 INTRODUCTION,CONTRACTTYPEANDPRICESCHEDULE 26c "SCOPEOFWORKISPECIFICATIONS. 7.30D PACKAGINGANDMARKING 3E INSPECTIONANDACCEPTANCE. 32F PERIODOFPERFORMANCEANDDELIVERABLES 33-36,G ‘CONTRACTADMINISTRATION 37-42H ‘SPECIALCONTRACTREQUIREMENTS 48-601 ‘CONTRACTCLAUSES. 61-73J LISTOFATTACHMENTS 7416.K REPRESENTATIONS,CERTIFICATIONSANDOTHERSTATEMENTSOFBIDDERS 77L. INSTRUCTIONS,CONDITIONSANDNOTICESTOBIDDERS. 78-87M. EVALUATIONFACTORS 88-89.
TEs Nemwillbecompletedbyte ContracingOfficerCl awaro-‘YourbidfortheabovereferencedSoltationincludingyourOfferLetterandBidForm(Attachment12)isherebyaccepted.Contractoragreestofurnish‘anddelveallems,performaltheservicessetforthorotherwiseidentifiedaboveandonanycontinuationsheets,frtheconsiderationslatedherein.
TREISTTRACERS BSA ToS‘SamPatel,DBIA,VicePresident GeorgeG.Lewis,CPPOContractingOfficera as
or
Page1of89
DCAM-24-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- 13th Street Connector Infrastructure Improvements
Page 2 of 89
SECTION B
CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST
B.1 INTRODUCTION
The District of Columbia Government, Department of General Services (the
“District”, “Department” or “DGS”), on behalf of the Office of the Deputy Mayor for
Planning and Economic Development (“DMPED”) is issuing this Invitation for Bids
(“IFB” or “Solicitation”) to seek a highly qualified contractor (“Contractor”) to
provide all labor, materials and equipment for the construction of the 13th Street
Connector Infrastructure Improvements Project in accordance with this IFB to
include, but not limited to, Section C of this IFB, the 13th Street Connector
Infrastructure Improvement Drawings and Project Specifications and related
Reference Information Documents (RID’s) (Attachment J.1) including Released for
Construction Contract Plans for 13th Street Connector Infrastructure
Improvements(Contract Plans) (Attachment J.1.1), the District Department of
Transportation (“DDOT”) Standard Specifications for Highways and Structures, 2013
(“DDOT Gold Book”) (Attachment J.1.2a), Project Special Provisions (Attachment
J.1.3) WMATA JDAC Construction Manual (Attachment J.1.4) and other associated
attachments in Section J.1 of this IFB (“Project”), the DGS Standard Contract
Provisions (Attachment J.3.a), the WMATA JDAC Division 1 Contract requirements
(Attachment J.3.b), and other attachments identified in Section J.
B.2 TYPE OF CONTRACT
In accordance with Title 27 DCMR, Section 2402 and Section 2605 , the District
contemplates award of a fixed unit price contract with a not -to-exceed amount (“NTE
Amount” or “ Contract Ceiling”) equal to the total Contract award amount for the
infrastructure and roadway improvements Project.
B.3 PRICE SCHEDULE/BID FORM – Fixed Unit Price with NTE Amount
B.3.1 NTE Amount or Contract Ceiling
The Contractor shall be paid based on fixed unit prices for Contract item
quantities, subject to a Ceiling or a NTE Amount, as detailed in the Offer Letter
and Bid Form (Attachment J.2 ), to complete the Project. The Contractor
understands that each fixed unit price includes all labor, material, equipment,
overhead, and profit attributable to each line item or scope of work as further
detailed in Attachment J.2.
B.3.2 Significant Changes in the Character of Work
B.3.2.1 The District through its authorized Contracting Officers reserves the
right to make changes in quantities and any other alterations in the
work in accordance with Article 4, Paragraph C of the Standard
Contract Provisions for Construction Contracts as further detailed in
Attachment J.3.a, and WMATA Division 1 (attachment J.3.b) of
this IFB.
DCAM-24-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- 13th Street Connector Infrastructure Improvements
Page 3 of 89
The District through its authorized Contracting Officers reserves the
right to make, in writing, at any time during the Work such changes
in quantities and such alterations in the Work as are necessary to
satisfactorily complete the Project. Such changes in quantities and
alterations shall not invalidate the Co ntract nor release the
Contractor’s surety, and the Contractor agrees to perform the Work
as altered.
B.3.2.2 If the alterations or changes in quantities significantly change (per
Section B.3.2.4) the character of the Work under the Contract,
whether or not changed by any such different quantities or
alterations, an adjustment, excluding loss of anticipated profits, will
be made to the Contract. The basis for the adjustment shall be agreed
upon pri or to the performance of the Work. If a basis cannot be
agreed upon, then an adjustment will be made whether for or against
the Contractor in such amount as the Contracti ng Officer may
determine to be fair and equitable, with no delay to the performance
of the work by the Contractor.
B.3.2.3 If the alteration or changes in quantities significantly change the
character of the Work to be performed under the Contract, the altered
Work will be paid for via a Change Order to the Contract.
B.3.2.4 The term “significant ly change” shall only apply to the following
circumstances:
B.3.2.4.1 When the character of the Work as altered differs
materially in kind or nature from that involved or included in the
Contract; or
B.3.2.4.2 When an item of Work is increased or decreased by more
than 25 percent of the original Contract quantity or results in a
change of Contract price by $ 75,000, whichever is less . Any
adjustment for an increase or decrease in price shall apply only to
that portion in excess of 125 percent of the original Contract item
quantity, or in case of a decrease below 75 percent, to the actual
amount of Work performed. For the avoidance of confusion, no
adjustment in price shall be made if the Contract quant ities
increase/decrease by 25 percent of the original Contract quantities
or less. This does not apply when an item of the Work is deleted in
its entirety.
B.3.3 Work Included in the NTE Amount
The Bidder (“Bidder”) acknowledges and understands that the NTE Amount is
based on the Scope of Work ( Section C), including the 13th Street Connector
Infrastructure Improvement Drawings and Specific Project Specifications
provided in Attachment J.1, which are incorporated into the Contract awarded
pursuant to this IFB. It is understood and agreed that the NTE Amount, based
DCAM-24-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- 13th Street Connector Infrastructure Improvements
Page 4 of 89
on fixed unit prices and Contract item quantities, represents the Bidder’s bid to
complete the Project. The Department and the Contractor (the “Parties”)
acknowledge and agree that the Contractor shall provide all labor, materials,
and equipment to complete the Project as contemplated in the Contract
Documents, for the NTE Amount and consistent with the Project Schedule
(“Project Schedule”). In furtherance of such agreement, the Contractor assumes
the risks associated with, and shall be responsible for: (i) any changes in market
conditions that affect the cost of labor or materials; (ii) coordination issues
between the drawings; (iii) elements of work not shown on the Contract
Documents, but which are reasonably inferable from the Contract Documents
to be required or necessary to complete the Work (iv) cost associated with
acceleration of the Work and expediting of materials necessary to meet the
Project Schedule which are the result of anything other than an excusable delay;
and (v) the risk of subcontr actor default or non -performance. It is understood
and agreed by the Parties that items (i) through (v) listed in the preceding
sentence are not intended to be an exclusive list of the risks assumed by the
Contractor and that such items represent a partia l list of the risks assumed by
the Contractor.
B.3.4 Basis of NTE Amount
The NTE Amount is based on the following documents that are incorporated
into the IFB and resulting Contract:
B.3.4.1 All applicable documents listed in section C.2 of this IFB
B.3.4.2 Attachments J.1 through J.1.24.
13th Street Connector Infrastructure Improvement Drawings and
Specific Project Specifications including Attachments J.1.1 through
J.1.24
B.3.4.2 Contract Attachments J.2 through J.15.
B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS
Before submitting its bid in response to this IFB, the Bidder acknowledges that it
reviewed the Drawings and Specifications for accuracy, constructability, and
completeness and was required to bring such deficiencies to the attention of the
Department so that the Department’s Architect/Engineer can address any such
deficiencies. The Contractor acknowledges that any deficiencies it identifies after
submitting its bid shall not be the basis for a change in the NTE Amount or delaying
the Project Schedule to the extent that any such deficiencies in the Drawings and
Specifications could have been identified by prior review of a competent prospective
contractor or are considered to be reasonably inferred to be required to complete the
Work.
B.4.1 During the term of the Contract, should any errors, omissions,
ambiguities or discrepancies be found in the Contract Documents,
or should there be found any discrepancies between the Contract
DCAM-24-CS-IFB-0001
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Page 5 of 89
Documents to which the Contractor has failed to call attention
before submitting its bid, the Contractor shall bring any such errors,
omissions, ambiguities or discrepancies to the attention of the
Department, and the Department will interpret the intent of the
Contract Documents. The Contractor agrees to abide by and to
carry out the Work in accordance with the decision of the
Department with no delay . Wherever the intent of the Contract
Documents is not indicated clearly or there is a conflict between
the Contract Documents, the awarded Contractor will be held to
have included in the NTE Amount the more expensive material or
method of construction and the quantity of material.
B.4.2 If any item or material shown on the Drawings is omitted from the
Specifications, or vice versa (except when the Drawings and
Specifications clearly exclude such omitted item), and such item or
material is required to complete the detail shown or specified, and if
additional details or instructions are required to complete the Work,
then the Contractor is deemed to have made an allowance in the NTE
Amount for the completion of the Work, consistent with adjoining
or similar details and the best accepte d practices of the trade for
projects of this type and quality, whichever is more expensive,
unless such additional information was not reasonably inferable
from the Contract Documents. Without limiting the Contractor’s
other duties, in the case of a diffe rence among the Contract
Documents as to the Contractor’s obligations, or an inconsistency in
the Contract Documents, the Department will decide which
requirement governs; however, the Contractor shall assume that the
more expensive material or method of construction and the quantity
of material shall be required without a change to the NTE Amount.
B.4.3 Execution of the Contract by the Contractor is a representation that
the Contractor has thoroughly examined all Contract Documents,
including all details, plans, elevations, sections, schedules and
diagrams, has visited the site, has become familiar with local
conditions under which the Work is to be performed, has correlated
personal observations with the requirements of the Contract
Documents, and has satisfied itself before executing the Contract as
to all matters that can affect the Work and its cost, including: (1) the
nature of the land and subsoil; (2) the form and nature of the site and
surrounding areas; (3) details and levels of existing pipe lines,
conduits, sewers, drains, cables or other existing services; (4) the
quantities, nature and availability of the materials, tools, equi pment
and labor necessary for the completion of the Work; (5) the means
of access to the site and any accommodation the Contractor may
require; (6) Familiarized themselves with the risks and mitigation
costs associated with the hazardous materials and contaminated soils
on the Project site; (7) uncertainties of weather and physical
conditions at the site; and in general to have obtained all necessary
information as to risk contingencies, climatic, hydrological and
natural conditions and other circumstances which may influence or
DCAM-24-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- 13th Street Connector Infrastructure Improvements
Page 6 of 89
affect the Contractor’s performance of the Work. The Contractor
waives any and all claims against the Department arising from or
relating to such contingencies and conditions that are reasonably
inferable from the Contract Documents, in light of the required
preconstruction review and inspection and the Contractor’s expertise
in the field of construction.
B.5 A Bidder responding to this solicitation shall be required to submit with its bid, any
subcontracting plan required by law. 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.5.1 In accordance with Section H.7.2.4, once executed by the Contracting Officer and
approved by the Director of DSLBD, only subcontractors appearing on the
Contractor’s approved Subcontracting Plan will be allowed to mobilize or perform
work on the project until a modified subcontractor plan is filed by the prime
contractor and approved in writing by the Director of DSLBD. The contractor’s entire
monthly pay request may be held up if it includes work by subcontractors not on the
approved subcontracting plan.
B.6 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.7. A Subcontracting Plan form
shall be submitted with all bids as detailed in Section H.7 of the IFB and Attachment
J.5.
DCAM-24-CS-IFB-0001
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Page 7 of 89
SECTION C
SCOPE OF WORK/SPECIFICATIONS
C.1 SCOPE
The Contractor shall provide all labor, materials, equipment, hazardous material
abatement, supervision and other services for the construction of the 13th Street SE
Infrastructure Improvements Project in accordance with Section C, the Project Plans
standards & special conditions, DDOT Gold Book (Attachment J.1.2), Project Special
Provisions (Attachment J.1.3) and other associated attachments in Section J .1. The
Contractor’s scope of work shall include, but is not limited to, site and utility demolition
within the project limits of disturbance, erosion and sediment control measures, new
underground wet and dry utilities and new roadway & Streetscape improvements for
approximately 642 LF for the 13th Street Connector to Alabama Ave SE, 240 LF of
Sycamore Drive SE, 467 LF of the SEH entry roadway, 637 LF of a new busway within
CHMS (including maintenance parking and bus layover areas) , and 263 LF of the
WMATA Traction Power Substation (TPSS) access driveway and parking. The work
also includes signalized intersections at 13th & Sycamore, 13th & Alabama Ave, and at
the CHMS busway exit at Alabama Ave SE, as well as the new Entrance Roadway and
Owner supplied Security Booth at the new location of the SEH entry control point. The
scope of work also includes construction of new bus shelters and related streetscape
improvements and street lighting systems within CHMS and along all roadways in the
project limits. Also refer to Sections C.4 Background and C .5.3 Statement of Work
herein for a further detailed scope of work.
C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby
incorporated by reference:
No. Title Link/Address
1 DDOT Design and Engineering Manual,
2023
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DEM-2019-
01-01_DDOT_DEM_Updates_FINAL.PDF
2 DDOT Standard Drawings, 2015, update
2020 (also J.1.12b)
http://d92016.eos-
intl.net/eLibSQL14_D92016_Documents/396
815346-Standard-Drawings-2015-Full-
Doc.pdf
3 DDOT Work Zone Safety and Mobility
Policy, 2007
https://wiki.ddot.dc.gov/download/attachment
s/87098136/Work-Zone-Safety-and-Mobility-
Policy.pdf?api=v2
4 DDOT Environmental Policy and
Process Manual, 2010 update 2012
https://ddotsites.com/documents/environment/
DDOT_EnvironmentalManual_2012.pdf
5 DDOT Right-of-Way Policies and
Procedures Manual, 2019
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DDOT%20R
OW%20Manual%202019-07-31.pdf
6 DDOT Temporary Traffic Control
Manual Guidelines and Standards, 2006,
updated 2007, 2016, & 2023
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/publication/attachments/ddot_work_zon
e_temporary_traffic_control_manual_2006.pd
f
DCAM-24-CS-IFB-0001
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Page 8 of 89
No. Title Link/Address
7 DDOT Streetlight Policy and Design
Guidelines, 2013, updated 2022
https://wiki.ddot.dc.gov/download/attachment
s/9683
0607/Streetlight%20Policy%20and%20Desig
n%20Guidelines.pdf?api=v2
8 DDOT Green Infrastructure Standards,
2014
https://wiki.ddot.dc.gov/display/public/COMP
/Standards?preview=%2F108596200%2F113
331554%2F2014-
Final+DDOT+Green+Infrastructure+Standard
s+FINAL.pdf
9 DDOT Construction Management
Manual - 2021
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/publication/attachments/ddot_constructi
on_management_manual_rev07-01-2010.pdf
10 DC Water Standard Specifications, 2020 https://dcwater.com/sites/default/files/enginee
ring/Standard%20Specifications.pdf
11 DC Water Project Design Manual, 2018
Volume 1 – Project Management
Volume 2 – Facilities Design Manual
Volume 3 – Linear Infrastructure Design
Manual
Volume 1 – Project Management
Volume 2 – Facilities Design Manual
Volume 3 – Linear Infrastructure Design
Manual
12 PEPCO Standard Drawings – Power
Distribution Standards
https://www.pepco.com/MyAccount/MyServi
ce/Pages/EngineeringDesignResources.aspx
13 Department of Energy & Environment
(“DOEE”) Storm Water Management
Guidebook, 2020
https://doee.dc.gov/swguidebook
14 DOEE Erosion and Sediment Control
Manual, 2017
https://doee.dc.gov/publication/soil-erosion-
and-sediment-control-resources
15 FHWA Manual on Uniform Traffic
Control Devices (MUTCD), 2023
https://mutcd.fhwa.dot.gov/kno_11th_Edition.
htm
16 WMATA - Joint Development and
Adjacent Construction Manual (JDAC),
Sept 2015 (rev 5a)
https://wmata.com/business/adjacent-
construction/upload/ACPM-Rev-5a-09-21-
15.pdf
C.3 DEFINITIONS
The definitions at Section 101.03 of the DDOT Gold Book, as defined below, 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.
C.3.1 Chief Engineer – Refer to Section C.3.3 and Section G.9 of this IFB for the
definition and the roles and responsibilities of the Contracting Officer’s Technical
Representative or COTR.
C.3.2 Contract – The entire, integrated agreement between the District and the Contractor
for the Project. The Contract is made of the Contract Documents, and supersedes all
and any prior negotiations, representations, and/or agreements.
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C.3.3 Contracting Officer’s Technical Representative (“COTR”) – Refer to Section G.9
of this IFB for definition, roles and responsibilities. The term COTR is synonymous
with the term “Engineer” and “Chief Engineer” for this Contract.
C.3.4 Contract Documents – The Contract Documents consist of the Solicitation sections
A-K (the “Contract Form”), addenda issued prior to the execution of the Contract,
the price schedule, performance and payment bonds, specifications, special
provisions, Contract Plans, and other documents listed in the Contract Form, and
modifications issued after the execution of the Contract.
C.3.5 Department – Department of General Services
C.3.6 Director – executive head of the Department of General Services
C.3.7 District of Columbia Department of General Services – Is synonymous with the
“District”, “DGS”, or “Department.”
C.3.8 Engineer – Refer to Sections C.3.3 and G.9 of this IFB.
C.3.9 ESA – St. Elizabeths East Entertainment and Sports Arena.
C.3.10 Final Acceptance – The occurrence of all the events and satisfaction of all the
conditions with respect to the Work for completion of all aspects of the Contract as set
forth in the DDOT Gold Book Section 108.09 and the utility companies have performed
final inspections and provided acceptance. Final payment shall not be made until all
required documentation necessary for acceptance into the DDOT roadway system has
been submitted from the Contractor to the Department.
C.3.11 Plant – All physical resources, facilities, machinery, equipment, staging, forms, tools,
work and storage space other than provided by the Contract, together with
subsidiary essentials and necessary maintenance for proper construction and
acceptable completion of the Project.
C.3.12 Project – The title of the Contract, and the entire Work to be completed under the
Contract.
C.3.13 SEH –St. Elizabeths Hospital
C.3.14 Standard Specifications – The term “Standard Specifications” refers to the DDOT
Gold Book Attachment J.1.2.
C.3.15 Substantial Completion - the satisfaction of the criteria for completion of
construction of the Project set forth in Section 108.09 of the DDOT Gold Book, and
as defined by the Department, and utility companies have performed substantial
completion inspections and provided punch list of items needed for final acceptance.
C.3.16 Work – The furnishing of all labor, materials, equipment, and incidentals necessary
or convenient to the successful completion of the Project and the carrying out of the
duties and obligations imposed by the Contract.
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C.3.17 LOD, Limits of Disturbance
C.3.18 CM, DGS construction Manager
C.3.19 ROW Right of Way
C.3.20 E&S, Erosion and Sediment Control features of the project in accordance with the
DOEE permit for E&S features and details.
C.3.21 Project Plans Contract Plans Attachment J.1.1.
C.3.22 NTP District of Columbia Notice to Proceed to the Contractor to start the project
work
C.3.23 TPSS WMATA Traction Power Sub Station building at the Metro station
C.3.24 CHMS WMATA Congress Heights Metro Station
C.4 BACKGROUND
In the implementation of the redevelopment of the St. Elizabeth’s East Campus, the
Department is working closely with partner agencies to complete site development
and supporting infrastructure. As part of the overall development plan, DMPED
prepared a roadway and infrastructure master plan. This Project (phase 9) is one of
three major road and infrastructure projects that will be constructed in the Stage 2
development area.
The Project includes new road construction of the 13th Street Connector to Alabama
Ave SE and portions of Sycamore Drive SE to meet DDOT standards. The 13th Street
Connector project limits are from the existing 13th St SE (completed in phase 4) south
of Cherry Street (north end) to the new intersection of 13th St SE and Alabama Ave
SE and various circulation and infrastructure improvements within the Congress
Heights Metro Station (CHMS).
The work also includes the completion of Sycamore Drive SE from the existing
roadway of Sycamore Drive SE (Stage 1 Phase 1 limits) and the construction of
Sycamore Drive SE at the new 13th St signalized intersection.
The project includes installation of new underground wet and dry utilities, including
new water and sanitary sewer services to the new location of the St Elizabeths
Hospital Security Booth and to the future DC Public Library parcel within the CHMS
site, all as shown on the Contract Plans and indicated in the specifications and Project
Special Provisions, all of which will meet DC Water standards.
All work on the 13th St SE and Sycamore Drive SE roadways shall be performed
within the proposed right-of-way as indicated by the A&T lots 844, 846 & 864 or in
the public space (ROW) of Sycamore and Alabama Ave. But other work occurs
outside these A&T lots and DDOT ROW, including access and security modifications
related to the existing SEH facility at the new SEH private entry roadway connection
to 13th Street SE. This work is withing A&T lots 805 & 832.
In addition, site circulation and infrastructure within the CHMS, and a new TPSS
access driveway, drive, and maintenance staff parking will be constructed off 13th
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Street SE. These related private site driveway improvements are a part of the Project
work and will be occurring on A&T lots 841 & 845.
The Project also includes connections to existing roadway, utilities and facilities
previously constructed in Stage 1 Phase 1 of the St Elizabeths redevelopment at
Sycamore Drive SE, and the stage 2 Phase 4 (13th Street SE) Infrastructure
Improvements.
When necessary, the Contractor is also required to produce design calculations and
shop drawings in connection with its chosen systems for temporary support structures
or devices, protection/demolition shields, and other significant temporary work
affecting the safety of the traveling public or workers on the Project.
The Contractor shall be fully responsible for protection against damage for the duration
of the Contract of all the utility structures within the Contract limits and any utilities or
structures adjacent thereto. The utilities include, but are not limited to, public and/or
private water, sanitary and storm sewer, electric, telephone, and communication lines.
There will be or already are existing utilities serving numerous buildings and
developments in the Stage 1 and Stage 2 areas of East Campus. No separate
measurement or payment will be made for protection of existing utility services and
facilities. Cost of this protective work will be covered and distributed among the
Contract pay items. Gas lines will be designed and constructed by Washington Gas and
Light (“WGL”) independently. It will be the responsibility of the Contractor to work
closely with WGL contractor to coordinate installation of the gas main along 13th Street
SE and any necessary crossing of any of the proposed streets with service lines.
There are separate commercial building and the DC Public Library projects underway
within or adjacent to the Limits of Disturbance ( LOD) of the 13 th Street Connector
Infrastructure project by others.
C.5 REQUIREMENTS
The Contractor shall provide all labor, personnel, materials, management, equipment,
hazardous material abatement, supervision and other services necessary for the
construction of the Project in accordance with the Contract Documents (the “Work”),
which includes roadway, traffic and infrastructure improvements for 13th Street, SE,
Sycamore Drive SE, SEH entry roadway, the TPSS driveway and the new CHMS
busway.
In particular for the WMATA improvements at the CHMS, contractor will be required
to submit to WMATA a Site Specific Work Plan (Attachment J.1.25) and a Safety
& Security Form/SPM (Attachment J.1.26) and obtain a Real Estate Permit (draft
exhibits Attachment J.1.15) for construction work within the CHMS limits and the
Zone of Influence of the Green Line tunnel within the Project LOD.
The Project shall be complete, operating, and ready for use on or before the
Substantial Completion Date and within the Fixed Unit Prices with a Ceiling equal to
the total Contract award amount as detailed in Attachment J.2. Final Acceptance will
require written approval from DDOT, WMATA, the Department and all appropriate
utility companies signifying these agencies are ready to accept the improvements for
ownership, operation, and maintenance.
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C.5.1 Contract Plans, Standard Specifications, WMATA special conditions, and
Project Special Provisions
C.5.1.1 The Contractor shall provide the required services in accordance with the Contract
Plans (Attachment J.1.1), DGS Standard Contract Provisions, DDOT Gold Book
(Attachment J.1.2a), WMATA JDAC Construction Manual (Attachment J.1.4),
WMATA JDAC requirements (Attachment J.1.4), WMATA JDAC Division 1 Contract
requirements (Attachment J.3.b), and Project Special Provisions (Attachment J.1.3).
The Contractor shall construct the work described in the Contract Plans and Project
Special Provisions including any work that is not specifically shown in the Contract
Plans and Project Special Provisions therein but is reasonably inferable therefrom or
necessary for a fully successful completion of the Project and the required services.
The Contract Plans and Project Special Provisions are considered complimentary
Contract Documents. What is required and shown in one document is to be
considered required and shown by all documents. Greater quantity and greater quality
are required if there is a conflict in information provided.
C.5.1.2The Contractor is responsible for the means and methods of construction to complete
the intent of the Work as depicted in the Contract Plans and referenced documents.
C.5.2 Deliverables and Submittals
The Contractor shall perform the activities required to successfully complete the
District’s requirements (including all WMATA requirements in Attachments J.1.27,
28, 29, 30, 31 & J.1.32) and submit each deliverable described in Section F.2. For all
WMATA submittals the contractor and Engineer of Record (EOR) must review and
stamp the submittals before WMATA will begin their 30 calendar day review period
as outlined in the WMATA special conditions.
C.5.3 Statement of Work
The Contractor shall be required to:
1. Provide a construction schedule for the Project and make necessary monthly
adjustments to keep the schedule updated. Schedule shall be in P -6 format per DGS
requirements.
2. Implement Traffic Controls. Monitor and maintain traffic controls inside the East
Campus and within Public Space both inside and outside the East Campus for the entire
duration of the Project as shown in the Contract Plans. Maintain vehicular and
pedestrian traffic per DDOT Gold Book or as directed by the DGS COTR. Maintain
access to residential, institutional, and commercial establishments using appropriate
means as outlined in the Maintenance of Traffic (MOT) in the Contract Plans, DDOT
standards, and per the DGS COTR.
There are existing facilities and ongoing construction on East Campus (see Attachment
J.1.16) immediately adjacent to or within the limits of this Project including the ESA
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facility, the Congress Heights Metro Station (CHMS) the limits of which are shown in
the contract plans and Attachment J.1.8, the Whitman Walker medical facility, and the
SEH facility the limits of which are shown in the contract plans and Attachment J.1.10.
In addition, the new DC Public Library building within or adjacent to the CHMS will
be under construction starting in early 2025, along with site access for the D/B team
during 2024.
There are other active projects and facilities throughout East Campus and along
Alabama Ave SE that the Contractor must not impede access to during this work.
3. Mobilization and demobilization, provision, security, and maintenance of work and
storage areas. Engineer’s Field Facilities will be provided by DGS at no cost to the
Contractor within the East Campus but not with the Phase 8 LOD.
4. Implementation of sediment and erosion control (E&S) measures as shown on the
Contract Plans. Maintenance of sediment and erosion control measures for entire
duration of the Project including weekly checks for specific areas as noted on the E&S
plan sheets and notes. Contractor to avoid work in areas of wetlands as delineated in
Attachments J.1.18 & J.1.19.
5. Removal and disposal of existing pavement and median surfaces, concrete base, curb,
gutter, sidewalk, and any other hard surface for removal, repair, or replacement to a
depth of not less than 1 ft below the future subgrade or proposed finished slope surfaces.
6. Removal and disposal of existing steam tunnels (if any are encountered) within the
limits shown on the Contract Plans including any permitting, hazardous material
evaluation, preparation of abatement plans, disposal and monitoring of all water,
contaminated soils, asbestos and other materials inside the tunnel prior to demolition ,
removal and disposal of piping and appurtenances within the concrete steam tunnels
and construction of watertight bulkhead on remaining sections of steam tunnel at the
limits of t he Project as detailed on the Contract P lans and in the Project Special
Provisions.
7. Utility trenching and the installation of new catch basins, manholes, sewer pipes,
communication and power conduit systems and water pipes as detailed in the Contract
Plans and Project Special Provisions. Trench excavation for all wet and dry utilities,
structures, LID features, special soil treatment areas, and catch basins are to be
considered incidental to the installation of the respective utilities, features, or structures
detailed in the special provisions. See Special Provision numbers 23 and 25 and
Attachments J.1.17, J.1.23, and J.1.14.
8. Utility trenching and the installation of new manholes, racking, tap boxes, conduits,
and conduit duct banks for Pepco and Verizon (see Attachments J.1.12, J.1. 21 and
J.1.22) underground service facilities, including appurtenances, within the Project
limits in accordance with Pepco and Verizon standards and as shown on the Contract
Plans, including any trench backfill and surface restoration. Trench excavation for
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utilities, and structures is to be considered incidental to the installation of the respective
utilities or structures. See Special Provision numbers 23 and 25
9. Coordination with Washington Gas & Light on the installation of their privately
designed and constructed natural gas service mains within the Project limits including
potential installation of sleeves for crossing of streets within the Project limits for future
gas lines.
10. Installation of privately maintained and DDOT maintained standard streetlight poles,
arms, luminaires (type as indicated in the drawings) including new pole concrete
foundations, if required, as shown on the Contract Plans and the Project Special
Provisions.
11. Installation of LED blank out signs, if any, as part of the MOT work.
12. Installation of DDOT Design and Engineering Manual (DEM) and Manual of Uniform
Traffic Control Devices (MUTCD) compliant signage and pavement markings.
13. Obtaining of WMATA real estate permits for all construction work and access
requirements within the CHMS and the Green Line Zone of Influence ( “ZOI”) in all
areas of the Project including DDOT public space permits if required.
14. Construction of curb, gutter and adjacent walkways.
15. Construction of one gabion retaining wall along the WMATA TPSS access driveway
16. New storm drainage pipe, catch basins, inlets, underdrains, LID features, connecting
pipes, new manholes and installation of new drainage structures.
17. Construction of tree pits and planting of trees and landscaping as shown on the Contract
Plans including any tree protection and maintenance of existing trees within the Project
limits. Excavation for these features is to be considered incidental to the installation of
the respective landscaping items.
18. Installation of streetscape improvements including bike racks, trash and recycling
receptacles, and special paving systems. Excavation for these features is to be
considered incidental to the installation of the respective streetscape items.
19. Maintain service of all existing private and public utilities during construction,
including power, communications, water and sewer service to the existing SEH facility
and the CHMS mezzanine and station.
20. Disposal of all unsalvageable material, and all labor materials, tools, equipment, and
incidentals required to obtain a complete and finished product of work.
21. Proper disposal of Coal Combustion Residual ( “CCR”) contaminated soil and other
contaminated soils if encountered that are exceeding DOEE testing protocol limits as
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defined in the DOEE approved “Limited cleanup plan for CCR contaminated soils
during Stage 2 Utility Installation Activities” dated May 2020 and revised and updated
February 18, 2021”, as further included in Section J of this IFB. This work includes any
preconstruction testing or during construction environmental testing of soils for
contamination in accordance with the procedures enumerated in the DOEE approved
limited cleanup plan. The approved plan outlining works the Contractor may need to
do in the field to confirm or find the extent of contamination beyond what was identified
during the design phase of the Project is contained in Attachment J.1. 5. All costs
associated with complying with the approved CCR plan is to be considered incidental
to the cubic yard unit price for excavation, reuse and/or disposal of contaminated
materials.
22. Proper disposal of unsuitable waste and construction debris.
23. Develop and provide a groundwater management plan for dewatering in areas of
contamination for excavations, including pumping of stormwater ponding in
excavations where contaminated soils exist. The development of the groundwater
management plan and related dewatering cost is to be considered incidental to the
excavation or demolition work where the water is encountered. Geotechnical borings,
data report and final geotechnical report are included in the contract plans and
Attachments J.1.6 and J.1.7
24. Installation of all temporary and permanent fencing and DDOT standard gu ide rail as
shown on the Contract Plans.
25. Installation of Owner supplied prefabricated guard booth, including transport from the
present storage area to the new booth site as shown in the Contract Plans, complete with
utilities in the location shown on the Contract Plans , Project Special Provisions, and
Attachment J.1.11, including any temporary provisions if operation of the facility is
required prior to the permanent unit being installed . No claims for delay or additional
costs associated with the installation of the prefabricated guard booth will be considered
by the District.
26. Removal or reuse and disposal (if necessary) of private street lighting poles, cables,
luminaries, and respective concrete foundations. The removal or reuse of these private
street lighting items shall be coordinated with the staged construction of new
foundations for placement of new or re-used poles. Materials not re-used on site shall
be salvaged and delivered to the DGS storage area on campus as directed by DGS CM.
All costs associated with reconnecting reused streetlight systems to the private power
supply are to be considered incidental to the unit price for relocation of the streetlights.
Refer also to Project Special Provisions for this item.
27. Provide survey plan and necessary field work to adequately document establishment of
the 13th Street SE, and Sycamore Drive SE Street ROW limits as detailed on A&T Lots
844, 846 & 864 as shown in Attachment J.1.9 of the IFB and in the Project Special
Provisions.
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28. Provide record drawings of improvements including underground infrastructure in
CAD format for DGS, DDOT, WMATA, DC Water, DOEE, Pepco and Verizon
records upon completion of infrastructure improvements. Record Drawings are to be
prepared to agency or utility company standards and are to be signed and sealed by the
preparing entity. Agency Record Drawing requirements can be located at the web links
in section C.2 above. DDOT Urban Forestry Division (“UFD”) requires as built plans
of the tree locations in DDOT GIS format. See Attachment J.1.20.
29. Coordinate work and cooperate fully with other projects and stakeholders in the
vicinity of the Project area as detailed in the Project Special Provisions and the IFB.
C.5.4 Contractor’s Responsibility for Work
This Section C.5.4 supersedes DDOT Gold Book Section 107.15, “Contractor’s
Responsibility for Work.”
C.5.4.1 Until Final Acceptance of the Project by the District and WMATA, the Contractor shall
be responsible for the Project and shall take every precaution against injury, or damage
to any part thereof, whether arising from the execution or from the non-execution of the
Project. The Contractor shall rebuild, repair, restore, and bear the expense of such injury
or damage before Final Acceptance except to the extent that such injury or damage is
due to unforeseeable cause beyond the control, and without the fault or negligence, of
the Contractor or its subcontractors. This includes the portion of the Project within the
Congress Heights Metro Station.
C.5.4.2 In case of suspension of all or any portion of the Work from any cause whatever, the
Contractor shall be responsible for the Project and shall : 1) take such precautions as
may be necessary to prevent damage to the Project, 2) provide for normal drainage, and
3) erect any necessary temporary structures, signs, or other facilities. In addition, during
such period of suspension, the Contractor shall properly and continuously maintain, in
an acceptable growing condition, all living material in newly est ablished plantings,
seeding, and sodding furnished under the Contract, and shall take necessary precautions
to protect new tree growth and other important vegetative growth against injury.
C.5.5 Partnering Session – NOT APPLICABLE
C.5.6 Baseline Schedule
C.5.6.1 The Contractor shall develop a baseline schedule to establish schedule control at the
beginning of the Project. Once the Project is underway, the schedule is updated and
used to monitor the Project and assess the status of the Project on a monthly basis. If
changes occur that impacts the schedule significantly, the schedule shall be revised
accordingly to accurately reflect the status of the Project and the current plan to
complete the Work. The process begins as soon as the Contractor is notified of the
intent to award the Contract and continues until the Project is completed. The Critical
Path Method (“CPM”) Schedule (“CPM Schedule”) shall be submitted in the
Primavera exchange format (“XER”) to ensure compatibility with the DGS’s
scheduling software system.
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C.5.6.2 The CPM Schedule is a scheduling technique that utilizes activity durations and
network logic to calculate the schedule for an entire project. A CPM Schedule is a
network-based schedule that graphically depicts the timing of activities,
interrelationships between the activities, and the Project critical path. A CPM
Schedule is used to:
C.5.6.2.1 Link related activities in order of precedence to create the Project network
logic.
C.5.6.2.2 Calculate the earliest and latest possible dates within which an activity can
be performed based on its position within the network.
C.5.6.3 Prior to commencing the Work, the Contractor shall prepare a baseline schedule to
communicate their intentions and initial work plan to accomplish the Work. The
baseline schedule is then submitted to DGS for review and acceptance to establish an
“agreed to plan” on how the Work will be accomplished and when the individual
activities that make the Project will be completed. Once the schedule is accepted by
DGS, the schedule then becomes the Schedule of Record (“SOR”). The SOR serves
as the one and only schedule, with which all work required to complete the Project
will be planned, scheduled, and controlled. The process of establishing schedule
control involves the following primary steps:
C.5.6.3.1 DGS, WMATA, and the Contractor shall hold a joint scheduling conference
prior to beginning the Work to discuss the overall plan to accomplish the Work;
any start -up issues that will impact the schedule; any project -specific
information needed to facilitate preparation of the baseline schedul e; and the
detailed short-term schedule for work planned during the initial start-up period,
if required.
C.5.6.3.2 The Contractor shall prepare and submit a Cost Loaded and Resource
Loaded Baseline Schedule within fourteen (14) days of receiving the Notice to
Proceed.
C.5.6.3.3 DGS reviews the Baseline Schedule submission for completeness,
conformance, and reasonableness. Upon acceptance by the COTR, the baseline
schedule becomes the SOR.
C.5.6.3.4 The SOR is then communicated to all involved parties to establish the SOR
as the only schedule, with which all work will be planned and scheduled, and
against which progress will be measured.
C.5.6.4 Once the work is underway, the Progress Schedule is updated bi-weekly to provide
status of the activities and the Project. The Progress Schedule is also routinely
maintained to ensure that the schedule accurately reflects the current plan to
accomplish the Work. The process of monitoring and assessing progress involves the
following primary steps:
C.5.6.4.1 Progress information is gathered for each activity or event as it occurs.
C.5.6.4.2 The Contractor shall prepare and submits a bi-weekly schedule update.
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C.5.6.4.3 DGS reviews the updated schedule submittal for accuracy, conformance,
and reasonableness; as well as to determine if the schedule reflects reality or if
changes are needed. DGS will determine whether the Contractor should make
modifications to the schedule and resubmit or if the modifications should be
made for the next submission for schedule update.
C.5.6.4.4 DGS determines if the progress is satisfactory or if corrective actions are
needed.
C.5.6.4.5 Conduct monthly progress meeting to discuss the progress of the Work and
plan for completing the remaining work.
C.5.6.4.6 Upon acceptance by the COTR, communicate the updated schedule to all
involved parties to establish the updated schedule as the current plan, with
which all remaining work will be planned and scheduled. The currently
updated schedule also provides contemporaneous information with which
subsequent time-related issues will be evaluated.
C.5.6.5 A Progress Schedule Narrative shall describe the Contractor’s complete overall work
plan and sequence in which the Work will be accomplished. A schedule narrative is a
written document that is used to communicate the plan to accomplish the Work. The
schedule narrative shall describe, as appropriate the following:
C.5.6.5.1 The proposed overall approach and sequence of Work;
C.5.6.5.2 Project milestones (major events such as completion of stages or phases of
the Work);
C.5.6.5.3 A description of the critical path and any changes to the path or completion
date from the last narrative submission;
C.5.6.5.4 Proposed means and methods (procedures);
C.5.6.5.5 Resource plan (manpower and equipment needed and how the Contractor
plans to meet the resource requirements);
C.5.6.5.6 Planned working calendar, shift, and work hours;
C.5.6.5.7 Scheduling assumptions (considerations for known and foreseeable
constraints or restrictions such as weather, traffic, environmental, utility,
safety, etc.);
C.5.6.5.8 Work performed this period and work planned during the next period;
C.5.6.5.9 Issues encountered this period or any known or foreseeable issues that will
impact the schedule; as well as actions taken or needed to avoid or mitigate the
effects;
C.5.6.5.10 Any new activities that have been added since the last update and the
justification for the addition of these activities;
C.5.6.5.11 Any changes in relationship logic, with an explanation of why these
changes were implemented and their impact on the overall schedule.
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C.5.6.6 When changes occur, or if the Contractor proposes major changes that significantly
impact the schedule or if DGS determines that major changes are required or the
schedule has deviated significantly from the SOR, then the schedule is revised
accordingly, to establish the accepted revised schedule as the new SOR. This process
is also known as re-baselining, which provides a new baseline schedule, at that point
in time, to complete the remaining work. This process re-establishes schedule control
and involves the following primary steps:
C.5.6.6.1 The Contractor prepares and submits a Revised Progress Schedule, as
necessary or as required;
C.5.6.6.2 DGS reviews the Revised Progress Schedule submittal for accuracy,
reasonableness, and conformance;
C.5.6.6.3 Upon acceptance by the COTR, communicate the Revised Progress
Schedule to all involved parties to establish the Revised Progress Schedule as
the current SOR, with which all remaining work will be planned and
scheduled, and progress will be measured against.
C.5.6.7 If the Monthly Progress Report shows that any activity on the critical path is thirty
(30) or more days behind schedule, or should Contractor fail to provide a Monthly
Progress Report in compliance with the Contract’s schedule requirements and DGS
reasonably determines that any activity on the critical path is thirty (30) or more days
behind schedule; and the Contractor is in DGS’s reasonable judgment responsible for
such delay, DGS may, in addition to any other remedies that it may have under the
schedule requirements, require that the Contractor prepare a schedule to explain and
display how it intends to regain compliance with the CPM Schedule (“Recovery
Schedule”). Within ten (10) Business Days after the determination by Owner of the
requirement for a Recovery Schedule, the Contractor shall prepare the Recovery
Schedule and submit it to DGS for its review. The Recovery Schedule shall represent
Contractor’s best judgment as to how it shall regain compliance with the CPM
Schedule; be prepared in accordance with these schedule requirements; and have a
level of detail sufficient for the Contractor to direct, manage and perform the Work
for a period reasonably necessary to regain compliance with the CPM Schedule. The
Contractor shall address all comments received from DGS during our review of the
Recovery Schedule, and the Contractor shall provide a written statement describing
why any of DGS’s comments or proposed changes to the Recovery Schedule were not
implemented by the Contractor. Any of DGS’s comments or proposed changes to the
Recovery Schedule that the Contractor implements shall be reflected in the revised
Recovery Schedule. The revised Recovery Schedule shall then be the schedule which
the Contractor shall use in planning, organizing, directing, coordinating, performing,
and executing the Work (including all activities of Subcontractors and Sub-
subcontractors) to regain compliance with the CPM Schedule.
C.5.7 Construction Management Plan
The Contractor shall submit a draft of its construction management plan (“Construction
Management Plan”) within fourteen (14) days after the NTP is issued to include, but
not limited to, noise control, hours for construction and deliveries, truck routes, t rash
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and debris removal plan, traffic and parking control, communications procedures,
emergency procedures, quality control procedures, dust control, public street cleaning
and repair, planned occupancy of public ways, erosion control, tree protection plan,
vibration monitoring, temporary fire protection measures, project signage, pest control,
construction staging plan, and construction logistics plan.
C.5.8 Compliance with Other Requirements
In performing the Work, the Contractor and its subcontractors shall comply with all of
the applicable provisions of the Standard Contract Provisions, (Construction
Contracts) included as Attachments J.3.a and J.3.b and the requirements set forth in
Section C.5.17 (Site Safety), Section C.5.18 (Workhours; Coordination with DMPED
and the Community), and Section C.5.19 (Quality Control Plan) of this Solicitation.
C.5.9 Project Sign
The Contractor shall supply a project sign in accordance with Attachment J.1.13 and
the Project Special Provisions (Attachment J.1.3).
C.5.10 Supervision
Throughout the Work, the construction office shall be managed by the Field
Superintendent, as defined in Section C.5.28 Key Personnel, to oversee the Work at all
times while construction is underway. Such personnel shall maintain full -time, on-site
construction supervision and provide daily safety inspections, quality control
inspections, monitoring, coordination of various trades, record drawings, and daily
work log.
C.5.11 Progress Meetings
C.5.11.1 Weekly Progress Meetings
Throughout the Work, the Contractor shall prepare for and attend weekly progress meetings
called by DGS or its COTR. Meetings shall be held on site at the DGS trailer near the
unless it is directed otherwise by the Department. Minutes of the meeting will be
prepared and circulated by DGS or their CM.
C.5.11.2 Monthly Executive Progress Meetings
In addition to the weekly progress meetings, there will be a monthly executive
meeting organized and led by the Contractor with content involvement from DGS and
its COTR. These meetings shall bring to the attention of DGS and DDOT& WMATA
leadership high-risk issues that will affect the cost, quality, and schedule of the
Project.
This executive meeting is not intended as a replay or amalgamation of the weekly
progress meeting. Its purpose is to raise awareness of important issues to Contractor’s
executives, and DGS, WMATA, and DDOT executives that, if not resolved in a timely
way, will have an adverse effect on the Project. The meeting agenda should include:
safety, especially data relating to frequency and severity; schedule, especially Schedule
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Performance Index (actual versus planned), why the schedule is ahead or behind and,
if behind, how the Contractor intends to get back on schedule; quality issues; resource
issues especially issues relating to the number and availability of workforce or
equipment; subcontract issues especially availability of long-lead, critical path material
issues; permits and how the issuing of permits may affect the schedule or costs; status
of critical RFIs especially ones that may affect schedule and costs, review of the Project
Risk Register and what the Contractor is doing to mitigate or resolve these issues; and
other agenda items that the Contractor or DGS, WMATA, or DDOT determines to be
included.
Ideally, these meetings would be held on site, but these meetings may be held via
teleconference.
C.5.12 Delay Liquidated Damages
If the Scope of Work is not substantially complete by the Substantial Completion
Date, the Contractor shall be subject to liquidated damages in an amount of Five
Thousand Dollars ($5,000) per day. These damages shall not apply if the delay is the
result of Force Majeure and the Contractor otherwise complies with the provisions set
forth in the Standard Contract Provisions (Construction Contracts), Attachment
J.3.a.
C.5.13 Hazardous or Contaminated Materials
The Contractor’s Scope of Work includes the testing, abatement, monitoring, and
personnel protection during the identification and removal of hazardous or
contaminated materials if found anywhere on or within the Project site including any
contaminated soils found in accordance with the DOEE approved “Limited Cleanup
plan for CCR Contaminated Soils during Stage 2 Utility Installation Activities”. This
plan is included in Attachment J.1.5. In performing such work, the Contractor shall
comply with all laws, including, without limitation, the requirements of the
Environmental Protection Agency and all jurisdictional agencies and all laws relating
to safety, health welfare, and protection of the environment, in testing, excavating,
removing, treating, encapsulating, passivating, and/or disposing of hazardous or
contaminated materials, including, but not limited to, removal, treatment,
encapsulation, passivation, and/or disposal of the hazardous or contaminated materials.
If any notices to governmental authorities are required, the Contractor shall also give
those notices at the appropriate times. The Contractor’s obligations under this Section
shall include signing (as the agent for the Department) any manifests required for the
disposal of hazardous or contaminated materials.
C5.14 Salvage Value and Stored Items
The Contractor shall be responsible for salvaging and storing all items identified by the
Department in accordance with all applicable District laws and regulations. After the
items have been secured, the Contractor shall notify the Department and request
permission to proceed with the Project.
C.5.15 Protection of Existing Elements
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The Contractor shall protect all existing features, public utilities, and other structures
during construction. Within the limits of the work there are existing private utility
services to the SEH facility, the WMATA CHMS, the ESA building, Whitman Walker
building, and the “BLUE” parking lot (including on site retail facilities) that shall not
be impacted by this construction.
The Contractor shall protect existing, site improvements, trees, and shrubs from damage
during construction. Protection extends to the root systems of existing vegetation. The
Contractor shall not store materials or equipment, or drive machinery, within the drip
line of existing trees and shrubs.
The Contractor shall be fully responsible for protection against damage for the duration
of the Contract of all the private and public utility structures and services within the
Contract limits and adjacent thereto. The utilities include but are not limited to public
and/or private water, sewer, electric, gas, telephone and communication lines. No
separate measurement or payment will be made. Cost of this protective work is to be
covered and distributed among the Contract pay items.
C.5.16 Site Cleanliness
During the period of performance and/or as directed by the Department’s COTR, the
Contractor shall ensure that the site is clear of all extraneous materials, rubbish, or
debris.
C.5.17 Site Safety
All costs associated with the Site Safety will not be measured for payment and are to
be considered incidental to the Project.
C.5.17.1 General Responsibility
The Contractor shall provide a safe and efficient site with controlled access. As part of
this obligation, the Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project, a nd
shall comply with the requirements set forth in Article 16, Section F of the Standard
Contract Provisions (Construction Contracts) Attachment J.3.a .
Prior to any excavations associated with trenching or utility installations, the Contractor
shall prepare Standard Operating Procedures ( “SOP”) for pipe and structure
excavations of any kind. This SOP shall identify specific installations at varying depths
anticipated on the Project and anticipated shoring and/or support of excavation methods
to be employed.
The Contractor shall present their SOP in a meeting to be scheduled by DGS to include
Project staff and local EMS, along with other first responders. A detailed site plan
indicating access routes for emergency vehicles and site staging for responders will be
presented as par t of the SOP. If any portions of the work are to be subcontracted,
subcontractor field supervision and principles will be required to attend to be eligible
for performing utility excavations of any kind on the Project.
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C.5.17.2 Safety Plan
C.5.17.2.1 Prior to the start of construction activities, the Contractor shall prepare a safety
plan conforming to OSHA 29 CFR 1926 (such plan, the “Safety Plan”), DDOT
Construction Management Manual (May 2010) and Article 27, Section A of the
Standard Contract Provisions (Construction Contracts) Attachment J.3.a, WMATA
JDAC requirements (Attachment J.1.4), and WMATA JDAC Division 1 Contract
requirements (Attachment J.3.b). Site-specific information including a full listing and
contact information for first responders as well as competent personnel to be involved
in the work shall be included in the Safety Plan.
C.5.17.2.2 The Safety Plan shall describe the proposed safety measures to be taken
including fences and barriers that will be used at the site. This Safety Plan shall be
submitted to the COTR and to DMPED for their review and approval prior to the
commencement of construction. Once the Safety Plan has been approved, the
Contractor shall always comply with the plan during construction. The Contractor shall
be required to revise the Safety Plan as may be requested by the Department or
DMPED.
C.5.17.2.3 The Contractor shall not be permitted to commence construction until
the Safety Plan is submitted and approved and in no event shall any resulting delay
constitute an excusable delay. Additionally, the Contractor shall comply with the
requirements of Article 27, Section A of the Standard Contract Provisions
(Construction Contracts) Attachment J.3.a.
C.5.17.3 Site Security
Portions of the Project site will be open to the public during construction. The
Contractor shall take the necessary measures to prevent vandalism and theft of
materials, equipment and tools as well as damage to the completed work on the Project
site and shall provide protection of personnel and property. The Department shall not
be held liable for any loss or damage resulting there from. Areas around the ESA
building, the SEH facility, Sycamore Drive SE, the Congress Heights Metro Station,
and the “BLUE” surface parking lot (including ongoing retail operations), are available
for public access and travel. These areas cannot be used for staging or material storage
or employee parking. All areas shall be protected from materials and construction
activities.
When, in the opinion of the Department, construction operations constitute a hazard,
the Contractor may be required to suspend operations and rectify the situation. The
Contractor will be permitted to recommence work once a plan has been submitted and
accepted by the COTR that resolves the safety issue.
The Contractor is to take special care to coordinate work and site safety efforts with
existing ongoing operations, facilities, and businesses in the East Campus areas
adjacent to the work zones of this Project. During the period of construction of this
Project the DC Public Library on CHMS will be under construction . Special
consideration for the sequencing of construction is required of the 13 th Street
Infrastructure project contractor to avoid impacts to the DCPL facility, the St Elizabeths
Hospital, the Whitman Walker medical facility, and the CHMS bus operations during
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construction and after public use of the Library is allowed. The Contractor shall protect
utility connections to the CHMS and the SEH Facility when doing any work in th ese
areas of the Project.
On the “BLUE” temporary surface parking lot (parcel 15) short term “pop up” retail
operations are active and will be continuing during the entire time of the construction
of 13th Street and the SEH entry roadway. Special consideration for the sequencing of
construction is required of the 13th Street Connector Infrastructure project contractor to
avoid impacts to the ongoing use of the “BLUE” parking lot and the temporary retail
uses ongoing for that area.
In addition, there will be continuing pedestrian traffic from the Congress Heights Metro
station (CHMS) accessing the St Elizabeths Hospital facility and the ESA facility via
sidewalks and pathways adjacent to and in some cases within the limits of disturbance
(LOD) of this Project. The SEH requires 24/7 access in and out of the hospital for
employee and vendor vehicles, emergency vehicles, and pedestrians. Some temporary
walkways and fencing may be required to be installed to allow safe continuous
pedestrian access in these areas as outlined in the Maintenance of Traffic(MOT) plans
in Attachment J.1.1.
C.5.17.4 Exculpation
The right of the Department, WMATA, and DMPED to comment on the Safety Plan
and the nature and location of the required fences and barriers shall in no way absolve
the Contractor from the obligation to maintain a safe site.
C.5.18 Workhours; Coordination with the Department, DMPED, and the Community
C.5.18.1 Workhours
The Contractor shall comply with the Night Work requirements of the Project Special
Provisions, WMATA JDAC requirements (Attachment J.1.4), WMATA JDAC Division 1
Contract requirements ( Attachment J.3.b ), and DDOT Standard Specifications
(Attachment J.1.2a) .
C.5.18.2 Parking
The Contractor shall organize its work in such a manner to minimize the impact of its
operations on the surrounding community. To the extent that the number of workers on
the site is likely to have an adverse impact on neighborhood parking, the Contractor
shall develop and submit prior to mobilization a parking plan for those individuals
working on the site that is acceptable to the Department.
C.5.18.3 Wheel Washing Stations
The Contractor shall provide wheel washing stations on site to prevent the accumulation
of dirt and other refuse on the streets surrounding the Project site to include
accommodations for street cleaning and water service to the wheel washing station if
determined to be needed by COTR based upon the effectiveness of the system approved
for use.
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C.5.18.4 Outreach Plan
The Contractor shall keep the Department informed of the construction activities and
their potential impact on the community.
C.5.19 Quality Control Plan
General Obligation. The Contractor shall assign a dedicated-on site Quality Control
Superintendent who has a minimum of 10 years’ experience and a minimum of five
(5) highway and infrastructure projects valued at $35M or more. The dedicated-on
site Quality Control Superintendent must be familiar with the three-phase inspection
process (Preparatory Meeting, Initial Phase and Follow-Up Phase) implemented in the
Construction Quality Management for Contractors (CQM). The assigned person shall
supervise, coordinate, inspect, and enforce proper execution of all field work to meet
the contract requirements.
The Contractor’s responsibility includes ensuring adequate quality control services
are provided by the Contractor’s employees and its subcontractors at all levels. The
Work activities shall include but not be limited to submittal management, RFI
management, document reviews, testing, inspection, and reporting (C.5.20.3
Contractor’s Daily Quality Control Report). It is mandatory for the Contractor to
attend progress meetings to include meetings with third party inspectors, DGS,
Engineer of Record (EOR) and the CM team.
C.5.19.1 Quality Control Plan
Within ten (10) days after NTP, the Contractor shall update the Quality Control Plan
for the Project (the, “Quality Control Plan”). A draft of the Quality Control Plan shall
be submitted to the COTR and shall be subject to the Department’s review and
approval. The Quality Control Plan shall be tailored to the specific products/type of
construction activities contemplated and , in general, shall include a table of contents,
quality control team organization, duties, responsibilities and authority of quality
control staff, submittal procedures, inspection procedures, deficiency correction
procedures, documentation process, and a list of any other specific actions or
procedures that will be required for key elements of the Work.
C.5.19.2 Implementation
The Contractor shall perform regular quality control inspections and create reports
based on such inspections pursuant to the Quality Control Plan. These quality control
reports shall be provided to the Department electronically daily. The Contractor shall
discuss outstanding deficiencies, testing/inspections, and upcoming work at the
regularly scheduled progress meetings with the Department.
The monthly report shall include a detailed summary of the steps that are being
employed to provide quality construction and workmanship. The monthly report should
specifically address issues or deficiencies raised during the month and outline the steps
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that are being used to address such issues. Deficiencies should be corrected in
accordance with Department Standard Contract Provisions (Construction Contracts)
Attachment J.3.a, WMATA JDAC requirements (Attachment J.1.4), and WMATA
JDAC Division 1 Contract requirements (Attachment J.3.b),
C.5.19.3 Corrective Action Plan
The Department shall have the right to direct the Contractor to revise the Quality
Control Plan.
C.5.20 Reporting Requirements
The Contractor shall be required to submit the following reports:
C.5.20.1 Monthly Progress Report
The Contractor shall provide written reports to the Department, on the progress of the
entire Work at least monthly from NTP until Final Acceptance of the Project. The
monthly report shall include: (i) a progressed schedule and analysis, including any plans
to correct defective or deficient work or recover delays; (ii) a quality control report; and
(iii) progress photos, (iv) significant events during the month including visitors to the
site and (v) significant events or milestones planned for the following month.
C.5.20.2 Bi-Weekly Schedule Updates
In view of the urgency to complete this Project, the Contractor shall provide a Baseline
Schedule update to the Department, on the progress of the entire Work at least bi -
weekly, in the same format set forth in Section C.5.6 of this IFB. The update shall
reflect the actual progress of the Project, identify developing or potential delays,
regardless of their cause, and reflect the Contractor's best projection of the actual date
by which Substantial Completion and Final Acceptance of the Project will be achieved.
The Contractor shall also state what must be done to avoid or reduce that delay, changes
that have occurred since the last update, including those related to major changes in the
Scope of Work , activities modified since the last update, revised projections of
durations, progress and completion, revisions to the schedule logic or assumptions, and
other relevant changes.
C.5.20.3 Contractor’s Daily Quality Control Report
The Contractor’s Project Manager or Quality Control Superintendent shall prepare and
submit Daily Construction Progress reports to DGS no later than 10:00 AM the next
day.
The Contractor’s daily report, at a minimum, shall contain the following information:
a. Contractor’s name, list of subcontractors performing work each day.
b. High and low temperatures and general weather conditions.
c. Detail all daily construction activities and deficiencies.
d. The type of materials being used.
e. Meetings with Stakeholders, if any.
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f. Safety/Accidents.
g. Stoppages and/or delays
h. Project Photographs.
i. Test Results.
j. Visitors.
k. Job Hazard Analysis (JHA)
C.5.21 Project Close-out
C.5.21.1 Punch list
Prior to Substantial Completion, the Contractor shall develop a punch list in accordance
with DDOT Standard Specifications and WMATA JDAC Construction Manual , and
other agency requirements including DC Water, Pepco, DOEE, and Verizon.
Once the punch list is prepared, the Contractor shall inspect the Work along with
representatives from the Department , DDOT, and respective agencies . The punch list
shall be revised to reflect additional work items that are discovered during such
inspections. The Contractor shall correct all punch list items no later than thirty (30)
days after Substantial Completion is achieved.
C.5.21.2 Training
The Contractor shall provide training to Department staff on all the installed systems
on the Project. The Contractor shall ensure that the Department staff receive all required
training on installed systems prior to the Substantial Completion Date.
C.5.21.3 Maintenance Bond
No later than fifteen (15) days following the Substantial Completion date, the
Contractor shall have a Maintenance Bond for two (2) years after the Final Acceptance.
The amount of the Maintenance Bond is $2.7 million.
C.5.21.4 Eleven Month Walk
The Contractor shall schedule a joint inspection of the Project during the eleventh
month after Substantial Completion is achieved. During such inspection, the Contractor
and a representative of the Department shall walk the Project to identify any necessary
warranty work.
C.5.21.5 Liquidated Damages
If the punch list work is not completed and project closeout documents as described in
Section 11 of the DDOT Construction Management Manual and WMATA JDAC
requirements (Attachment J.1.4) are not submitted within 30 days of Substantial
Completion, the Contractor shall be subject to liquidated damages in an amount of
Two Thousand Five Hundred Dollars ($2,500) per day.
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C.5.22 Compensation
The Contractor will be compensated in accordance with the method of payment detailed
in Article 8 of the DGS Standard Contract Provisions Attachment J.3. Measurement
and Payment shall be in accordance with the DDOT and DC Water Standard
Specifications unless supplemented by the Project Special Provisions.
C5.23 Licensing, Accreditation and Registration
The Contractor and all its subcontractors and subconsultants (regardless of tier) shall
comply with all applicable District of Columbia, state, and federal licensing,
accreditation, and registration requirements and standards necessary for the
performance of the Contract. Without limiting the generality of the foregoing, all
drawings shall be signed and sealed by a professional Architect, surveyor, or engineer
licensed in the District of Columbia.
C.5.24 Conformance with Laws
It shall be the responsibility of the Contractor to perform the Contract in conformance
with the Department’s Procurement Regulations ( 27 DCMR § 4700 et seq.) and all
statutes, laws, codes, ordinances, regulations, rules, requirements and orders of
governmental bodies, including, without limitation, the U.S. Government and the
District of Columbia government; and it is the sole responsibility of the Contracto r to
determine the Department’s procurement regulations, statutes, laws, codes, ordinances,
regulations, rules, requirements and orders that apply and their effect on the
Contractor’s obligations thereunder.
C.5.25 Time is of the Essence
Time is of the essence with respect to this Project. The Project must be Substantially
Complete by the Substantial Completion Date. As such, by submitting a bid, the
Contractor agrees to dedicate such personnel and other resources as are necessary to
ensure that the Project is completed on-time and in a diligent, skilled, and professional
manner.
C.5.26 RESERVED
C.5.27 Administrative Matters
Use of Project Team system. The Contractor shall utilize the Department's Project
Team system to submit any and all documentation required for the Project, including,
but not limited to, (i) requests for information; (ii) submittals; (iii) meeting minutes;
(iv) proposed changes; (v) certified payrolls (and at DGS' discretion and request to
upload via DOES LCP Tracker software which the District will make available to the
Contractor); (vi) Contract Plans and Technical Specifications; (vii) punch list; (viii)
invoices/applications for payment (full package including all forms required by DGS);
and (ix) other documents as may be designated by the Department or its COTR.
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C.5.28 Key Personnel
C.5.28.1 The Contractor's personnel should have the necessary experience and
licenses to perform the required work. Toward that end, Bidders shall include within
the bid a description of the staff available to perform this work and their
qualifications. Key personnel shall include, at a minimum, the following individuals:
(i) the Project Executive; (ii) the Field Superintendent; and (iii) the Project Manager
who will be responsible for the Project. The Contractor will not be permitted to
reassign any of the key personnel unless the Department’s Contracting Officer
approves, in writing, the proposed reassignment and the proposed replacement. A list
of the key personnel shall be attached to the Contract that results from this IFB.
C.5.28.2 Supervision & Coordination. The Contractor shall properly supervise
and coordinate its work. The Contractor shall at a minimum:
a. Meet as necessary with the Department and its COTR.
b. Maintain full-time on-site construction supervision and provide daily
inspections, quality control, monitoring, coordination of various trades, record
drawings, and daily work log;
c. Coordinate work with any on-site personnel so as to ensure that their activities
are not adversely affected;
d. Conduct periodic progress meetings following a Contractor generated agenda
with the COTR:
e. Meet the COTR on-site once per week for project update walk-throughs;
f. Provide general safety signage and posting for the Project and to confirm that
each subcontractor prepares and submits adequate safety program and
monitoring throughout the Project;
g. Obtain all job permits and approvals from the Department of Consumer and
Regulatory Affairs (“DCRA”) and District Department of Transportation
(DDOT), including Transportation Online Permitting System
(TOPS) submittals, and WMATA permits that are required to perform and
complete the Work, unless otherwise noted herein;
h. Prepare payment requests, verify accuracy and forward to the Department for
approval and payment;
i. Assemble close-out documents required;
j. Provide assistance to the Department through all applicable warranty periods;
k. Coordinate its work with all third parties so as not to delay the critical path of
the Project; and
l. Prepare and submit to the Department construction meeting minutes, progress
meeting minutes, daily logs, inspection reports, preliminary and baseline
schedules, (Primavera format) and schedule updates demonstrating the critical
C.6 ACCELERATION
Subject to the terms of this Section, the Department shall have the right to direct the
Contractor to accelerate the work if, in the reasonable judgment of Department, the
Contractor fails to: (i) supply a sufficiency of workers or to deliver the materials or
equipment with such promptness as to prevent the delay in the progress of the work;
or (ii) the progress of the work materially falls behind the projections contained in the
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then currently approved Project Schedule. In the event that the Department or its
COTR determine that either of the events specified in the preceding sentence have
occurred, the Department shall provide the Contractor with written notice of such
event and the Contractor shall be required to provide the Department with a
corrective action plan that is reasonably designed to address the concerns raised in
such notice within three (3) days after receipt of such notice. If the Department and
the Contractor are unable to agree on the terms of such corrective action plan within
five (5) days after the issuance of the notice (i.e. with forty eight (48) hours after the
receipt of the proposed corrective action plan), the Department shall have the right to
direct such acceleration as the Department, in its reasonable judgment, deems
necessary. Provided the notice provisions of this Section are complied with, the cost
of any acceleration directed under this Section shall not justify an adjustment to the
NTE Amount or the Substantial Completion Date. The Contractor hereby
acknowledges that this provision is a material inducement upon which the Department
has relied in entering into the Contract; and represents and warrants that it has
included sufficient funding in its NTE Amount in order to comply with the
requirements of this Section.
C.7 WALK-THROUGH INSPECTION
At the achievement of Substantial Completion, the DGS COTR shall perform a walk-
through inspection in the presence of the Contractor. The Contractor shall prepare a
written report stating any deficiencies found during the walk -through, identify the
responsible parties, and ensure that all the deficiencies are corrected by the Contractor
prior to demobilization. The Contractor shall not demobilize from the site until
receiving written notice, in writing, from the DGS COTR, to confirm that the
deficiencies have been corrected to the DGS COTR satisfaction.
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SECTION D
PACKAGING AND MARKING
D.1 The packaging and marking requirements for this Contract shall be governed by clause
number 2 of the Government of the District of Columbia Department of General
Services Standard Contract Provisions (General Provisions) for Construction Contracts
(Attachment J.3).
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SECTION E
INSPECTION AND ACCEPTANCE
E.1 The inspection and acceptance requirements for this Contract shall be governed by
Article 11 of the Government of the District of Columbia Department of General
Services Standard Contract Provisions (General Provisions) for Construction Contracts
(Attachment J.3 a) and the WMATA JDAC Division 1 Contract Requirements
(Attachment J.3b).
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SECTION F
PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract shall be for a period of 730 calendar days from the date of the
Contracting Officer’s ( “CO” or “Contracting Officer” ) execution of the Contract (as
specified on page 1 of this Contract) or the date of the CO’s execution of the Notice to
Proceed and Letter Contract (“Letter Contract” or “Notice to Proceed”).
F.1.1 Substantial Completion Date. Unless the Contract specifies a different time,
Substantial Completion is 30 Calendar Days before Final Acceptance.
F.1.2 Final Acceptance Date. The Final Acceptance Date is 730 calendar days from the
date of Notice to Proceed to the Contractor.
F.1.3 Letter Contract: It is understood and agreed that certain activities described herein
may have been performed while a Letter Contract was in place, and the term of the
Letter Contract shall merge into and be superseded by this Contract upon its execution
by the CO. In this instance, the term of the Contract would begin on the effective date
of the Letter Contract.
F.2 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the
Department’s requirements and submit each deliverable described herein to the COTR
identified in Section G.9.6.
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:
Contract
Reference
Deliverable
Quantity Format/Method of
Delivery
Due Date
Attachment
J.1.3 – SP No.
2
Design
calculations and
shop drawings
As needed Submittal to DGS Minimum of 21
days before
ordering materials
C.5.3.25 Groundwater
Management Plan
As needed Submittal to DGS and
DOEE
When groundwater
is encountered in
excavations
C.5.3.29 Survey Plan Ongoing No submittal required Prior to
construction of
improvements to
locate key
elements in the
field
C.5.3.30 Record Drawings Complete
set to each
utility and
Upload to respective
agency and DGS. PDF
As part of Final
Acceptance of
punch list and
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Contract
Reference
Deliverable
Quantity Format/Method of
Delivery
Due Date
complete
set to
DDOT,
DOEE, and
DGS
and MicroStation
formats.
project closeout
documents at the
end of
construction
C.5.6 Baseline Schedule one Upload to DGS/P-6
file
Within 14 days of
NTP
Attachments
J.1.25 & J.1.26
WMATA site
specific work plan
(SSWP) and
Safety & Security
form
One each PDF or WORD
document
Within 14 days of
NTP
C.5.6 and
C.5.20.2
Progress Schedule/
Bi-Weekly
Schedule Updates
As needed P-6 files uploaded to
DGS
Bi-weekly
C.5.7 Construction
Management Plan
one PDF or word file
uploaded to DGS
Within 14 days of
NTP
C.5.9 and
Attachment
J.1.3 – SP No.
41 and
Attachment
J.1.13
Project Sign one On site installation Within 21 days of
NTP
C.5.11.1 Weekly Progress
Meetings
As
necessary
In person or virtual
meeting
Weekly at day and
time agreeable to
DGS and
contractor
C.5.11.2 Monthly Executive
Progress Meetings
As
necessary
In person or virtual
meeting
Monthly at day
and time agreeable
to DGS and
contractor
C.5.13 Hazardous or
Contaminated
Materials Notices
When
encountered
Notification uploaded
to DGS and DOEE
inspector notified by
call
When encountered
C.5.13 Hazardous or
Contaminated
Materials
Manifests
As
necessary
Written and signed
manifest uploaded to
DGS
When encountered
C.5.17.2 Safety Plan one PDF or word file
uploaded to DGS
Prior to
mobilization
C.5.17.3 Site Security
Remediation Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.18.2 Parking Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.18.4 Outreach Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
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Contract
Reference
Deliverable
Quantity Format/Method of
Delivery
Due Date
C.5.19 Quality Control
Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.19.3 Corrective Action
Plan
As needed PDF or word file
uploaded to DGS
14 days from
DGS’s request
C.5.20.1 Monthly Report
As needed Word file uploaded to
DGS
Monthly
C.5.21.1 Punch list
One Hard copy and upload
of file to DGS and
DDOT and required
agencies
At substantial
completion walk
through. Correct
all punch list items
no later than 30
days after
Substantial
Completion.
C.5.21.1
Training materials one TBD As needed
C.5.21.2
Warranties &
Manuals
As required
by DDOT
Uploaded to DGS and
DDOT
15 days following
substantial
completion
C.5.21.3
Eleventh Month
Walk
one On site walk 11 months after
Substantial
Completion
Compliance Subcontractor
Payment Form
One Electronic/Responsible
Agency
Monthly
Compliance Subcontractor
Approval Request
Form
One Electronic/Responsible
Agency
Monthly
Compliance EEO Monthly
Employment
Utilization Report
One Electronic/Responsible
Agency
Monthly
Compliance DSLBD CBE
Utilization Form
One Electronic/Responsible
Agency
Quarterly
Compliance Certified Payrolls
and Statement of
Compliance
One Electronic/Responsible
Agency
Weekly
Compliance DSLBD CBE
Utilization Form
One Electronic/Responsible
Agency
Quarterly
Compliance Certified Payrolls
and Statement of
Compliance
One Electronic/Responsible
Agency
Weekly
Compliance DSLBD CBE
Utilization Form
One Electronic/Responsible
Agency
Quarterly
Compliance Certified Payrolls
and Statement of
Compliance
One Electronic/Responsible
Agency
Weekly
Compliance Preconstruction
Photos
As required Electronic/Responsible
Agency
Prior to start of
major activity
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Contract
Reference
Deliverable
Quantity Format/Method of
Delivery
Due Date
Compliance Weekly Work
Plans
As required Electronic/Responsible
Agency
Prior to start of
any new activity
The Contractor shall produce design calculations and shop drawings in connection with
necessary systems for temporary support structures or devices, protection/demolition
shields, and other significant temporary work affecting the safety of the traveling public
or workers on the 13th Street Connector Infrastructure Project.
F.2.1 The Contractor shall submit to the District, as a deliverable, the report described in
section H.5.5 which is required by the 51% District Residents New Hires Requirements
and First Source Employment Agreement. 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.3.2
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SECTION G
CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT
G.1.1 The District will make payments to the Contractor, upon the submission of proper
invoices, at the prices stipulated in this Contract, for supplies delivered and accepted
or services performed and accepted, less any discounts, allowances or adjustments
provided for in this Contract.
G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper
invoice from the Contractor.
G.2 INVOICE SUBMITTAL
G.2.1 The Contractor shall create and submit payments requests in an electronic format through
the DC Vendor Portal, http://vendorportal.dc.gov . The Contractor shall submit proper
invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter
all required information into the Portal after selecting the applicable purchase order
number which is listed on the Contractor’s profile.
G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified
in Section G.4. Invoices shall be prepared in duplicate and submitted to the agency
Chief Financial Officer (“CFO”) with concurrent copies to the COTR specified in
Section G.9 below. The address of the CFO is:
Department of General Services
Office of the Controller/Agency CFO
3924 Minnesota Avenue NE
Washington, DC 20019
For assistance with the registration process, technical difficulties and/or additional
information on Prolog, please contact the Portal Help Desk at (202) 671-0571
G.2.2 To constitute a proper invoice, the Contractor shall submit the following
information on the invoice:
G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);
G.2.2.2 Contract number and invoice number;
G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
G.2.2.4 Other supporting documentation or information, as required by the Contracting
Officer;
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G.2.2.5 Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;
G.2.2.6 Name, title, phone number of person preparing the invoice;
G.2.2.7 Name, title, phone number and mailing address of person (if different from the
person identified in G.2.2.6 above) to be notified in the event of a defective
invoice; and
G.2.2.8 Authorized signature.
G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
G.3.1 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.
G.3.2 The District shall not make final payment to the Contractor until the agency CFO has
received the CO’s final determination or approval of waiver of the Contractor’s
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.
G.4 PAYMENT
G.4.1 Partial Payments
Unless otherwise specified in this Contract, payment will be made on partial
deliveries of supplies and services accepted by the District if:
a. The amount due on the deliveries warrants it; or
b. The Contractor requests it and the amount due on the deliveries is in
accordance with the following:
1. Payment will be made on completion and acceptance of each
percentage or stage of work as described in Section B.3; and
2. Presentation of a properly executed invoice.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with Title 27 DCMR Section 3250, the Contractor may assign due or to
become due as a result of the performance of this Contract to a bank, trust company,
or other financing institution funds.
G.5.2 Any assignment shall cover all unpaid amounts payable under this Contract and shall
not be made to more than one party.
G.5.3 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:
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“Pursuant to the instrument of assignment dated ___________, make payment of this
invoice to (name and address of assignee).”
G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 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
1.5% 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:
G.6.1.1.1 The date on which payment is due under the terms of the
Contract;
G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays,
after the date of delivery of meat or meat food products;
G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays,
after the date of delivery of a perishable agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a
proper invoice for the amount of the payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the
completed delivery of goods or services is made on or after:
G.6.1.2.1 3rd day after the required payment date for meat or a meat
food product;
G.6.1.2.2 5th day after the required payment date for an agricultural
commodity; or
G.6.1.2.3 15th day after any other required payment date.
G.6.1.3 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.
G.6.2 Payments to Subcontractors
G.6.2.1 The Contractor must take one of the following actions within seven (7) days
of receipt of any amount paid to the Contractor by the District for work
performed by any subcontractor under the Contract:
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G.6.2.1.1 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
G.6.2.1.2 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.
G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the
payment is due and ending on the date on which the payment is made. Interest
shall be calculated at the rate of at least 1.5% 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:
G.6.2.2.1 3rd day after the required payment date for meat or a meat
product;
G.6.2.2.2 5th day after the required payment date for an agricultural
commodity; or
G.6.2.2.3 15th day after any other required payment date.
G.6.2.3 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.
G.6.2.4 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.
G.6.2.5 Maximum markup for first tier sub -contractors shall be limited to 10%.
Maximum markup for markup for second tier and lower sub -contractors shall
be limited to 5%.
G.6.3 Subcontractor Quick Payment Clause Flow-Down Requirements
The Contractor shall include in each subcontract under this Contract a provision
requiring the subcontractor to include in its contract with any lower -tier
subcontractor or supplier the payment and interest clauses required under paragraphs
(1) and (2) of D.C. Official Code § 2-221.02(d).
G.7 CONTRACTING OFFICER
Contracts will be entered into and signed on behalf of the District only by authorized
contracting officers. The contact information for the Contracting Officer is:
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George G. Lewis
Chief Contracts and Procurement and Chief Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20019
george.lewis@dc.gov
Phone: 202 727-2800
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
G.8.1 The CO is the only person authorized to approve changes in any of the requirements
of this Contract.
G.8.2 The Contractor shall not comply with any order, directive or request that changes or
modifies the requirements of this Contract, unless issued in writing and signed by the
CO.
G.8.3 In the event the Contractor effects any change at the instruction or request of any
person other than the CO, the change will be considered to have been made without
authority and no adjustment will be made in the Contract price to cover any cost
increase incurred as a result thereof.
G.9 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE or COTR
The COTR is responsible for general administration of the Contract and advising the
CO as to the Contractor’s compliance or noncompliance with the Contract. The
COTR has the responsibility of ensuring the work conforms to the requirements of the
Contract and such other responsibilities and authorities as may be specified in the
Contract. These include:
G.9.1 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;
G.9.2 Coordinating site entry for Contractor personnel, if applicable;
G.9.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is
satisfactory and commensurate with the rate of expenditure;
G.9.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and
services. This includes the timely processing of invoices and vouchers in accordance
with the District’s payment provisions; and
G.9.5 Maintaining a file that includes all Contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.
G.9.6 The address and telephone number of the COTR is:
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Renee Holmes
DC Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20019
202-727-2163
Renee.Holmes@dc.gov
G.9.7 The COTR shall NOT have the authority to:
a. Award, agree to, or sign any contract, delivery order or task order. Only the CO
shall make contractual agreements, commitments or modifications;
b. Grant deviations from or waive any of the terms and conditions of the Contract;
c. Increase the dollar limit of the Contract or authorize work beyond the dollar
limit of the Contract;
d. Authorize the expenditure of funds by the Contractor;
e. Change the period of performance; or
f. Authorize the use of District property, except as specified under the Contract.
G.9.8 The Contractor shall be fully responsible for any changes not authorized in advance,
and in writing, by the CO. The Contractor may be denied compensation or other relief
for any additional work performed that is not so authorized by the CO; and may also
be required, at no additional cost to the District, to take all corrective action
necessitated by reason of the unauthorized changes.
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SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
H.1.1 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:
H.1.1.1 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.
H.1.2 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
The Contractor shall be bound by the Wage Determination provided and issued by the
U.S. Department of Labor in accordance with the Davis Bacon Act, 41 U.S.C. § 351
et seq., and incorporated herein as Attachment J.4. The Contractor shall be bound by
the wage rates for the term of the Contract.
H.3 PREGNANT WORKERS FAIRNESS
H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of
2016, D.C. Official Code § 32-1231.01 et seq. (PPWF Act).
H.3.2 The Contractor shall not:
a. Refuse to make reasonable accommodations to the known limitations related
to pregnancy, childbirth, related medical conditions, or breastfeeding for an
employee, unless the Contractor can demonstrate that the accommodation
would impose an undue hardship;
b. 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:
1. Pay;
2. Accumulated seniority and retirement;
3. Benefits; and
4. Other applicable service credits;
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c. 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;
d. 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;
e. Require an employee to take leave if a reasonable accommodation can be
provided; or
f. 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.
H.3.3 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:
a. New employees at the commencement of employment;
b. Existing employees; and
c. An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.
H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to
any non-English or non-Spanish speaking employee.
H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012,
D.C. Official Code § 32-1361 et seq. (“Anti- Discrimination Act”).
H.4.2 The Contractor shall not:
(a) 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
(b) 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:
(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
(2) Any provision stating or indicating that an employment agency will not
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consider or hire an individual for employment based on that individual's status as
unemployed.
H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil
penalties as described in the Anti- Discrimination Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT
H.5.1 For contracts for services in the amount of $300,000 or more, 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”).
H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First
Source Employment Agreement (Employment Agreement) (Attachment J.6.1) with the
District of Columbia Department of Employment Service’s (DOES), in which the Contractor
shall agree that: (a) The first source for finding employees to fill all jobs created in order to
perform the contract shall be the First Source Register; and (b) 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.
H.5.3 If applicable, the Contractor shall comply with subchapter X of Chapter II of Title 2,
and all successor acts thereto, including by not limited to the Workforce Intermediary
Establishment and Reform of First Source Amendment Act of 2011, and the rules and
regulations promulgated thereunder, including, but not limited to the following requirements:
a) At least twenty percent (20%) of journey worker hours by trade shall be performed
by District residents;
b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;
c) At least fifty one percent (51%) of the skilled laborer hours by trade shall be
performed by District residents; and
d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.
H.5.4 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.
H.5.5 The Contractor agrees that at least 51% of the new employees hired to perform the
contract shall be District residents.
H.5.6 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.
H.5.7 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
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Agreement, failure to submit the required hiring compliance reports, or deliberate submission
of falsified data.
H.5.8 If the Contractor does not receive a good faith waiver, the CO may also impose an
additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs
of the contract for each percentage by which the Contractor fails to meet its hiring
requirements.
H.5.9 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.
H.5.10 The Contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in Section. I.12 of this IFB and Article 7 (Disputes) of
the SCP for construction contracts.
H.5.11 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.
H.5.12 Construction projects or contracts covered by this Section H.5 shall be subject to the
hiring and reporting requirements set forth in this Section until construction is completed and
a final certificate of occupancy has been issued.
H.6 LIVING WAGE ACT
The Living Wage Act is applicable to this Contract. As such, the Contractor and its
subcontractors shall comply with the wage and reporting requirements imposed by
that Act (Attachment J.8).
H.7 SUBCONTRACTING REQUIREMENTS
H.7.1 Mandatory Subcontracting Requirements
DC. Code § 2–218.91. Certified Business Enterprise assistance:
(a) Notwithstanding subchapter IX -A of this chapter, or any other provision of
District law or regulation any contract for a government -assisted project in
excess of $250,000 shall provide that:
(1) At least 35% of the dollar volume of the contract be subcontracted to small
business enterprises; or
(2) If there are insufficient qualified small business enterprises to meet the
requirement of paragraph (1) of this subsection, the subcontracting
requirement may be satisfied by subcontracting 35% of the dollar volume
("CBE minimum expenditure") to any qualified certified business enterprises;
provided, that best efforts shall be made to ensure that qualified small business
enterprises are significant participants in the overall subcontracting work.
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(b) Notwithstanding subsection (a) of this section, a certified business enterprise
awarded a contract for a government-assisted project in excess of $250,000 shall:
(1) Perform at least 35% of the contracting effort with its own organization and
resources if the certified business enterprise is granted points or a price reduction
pursuant to § 2-218.43 or selected through a set-aside program; and
(2) If the certified business enterprise subcontracts, ensure that 35% of the dollar
volume of the subcontracted effort be with certified business enterprises unless a
waiver is granted pursuant to § 2-218.51.
(c) Notwithstanding subsection (a) of this section, a certified joint venture awarded
a contract for a government-assisted project in excess of $250,000 shall:
(1) Perform at least 50% of the contracting effort with its own organization and
resources if the certified joint venture is granted points or a price reduction
pursuant to § 2-218.43 or selected through a set-aside program; and
(2) If the certified joint venture subcontracts, 35% of the dollar volume of the
subcontracted effort shall be with certified business enterprises unless a waiver is
granted pursuant to § 2-218.51.
(d)(1) For every dollar expended by a beneficiary with a resident-owned business,
the beneficiary shall receive a credit for $1.10 against the CBE minimum
expenditure.
(2) For every dollar expended by a beneficiary with a disadvantaged business
enterprise, the beneficiary shall receive a credit for $1.25 against the CBE
minimum expenditure.
(3) For every dollar expended by a beneficiary that uses a company designated as
both a disadvantaged business enterprise under § 2-218.33 and as a resident-owned
business under § 2 -218.02(15), the beneficiary shall receive a credit for $1.30
against the CBE minimum expenditure.
(e) For the purposes of this section, the term:
(1) "Beneficiary" has the same meaning as set forth in § 2-218.02(1B).
(2) "Best efforts" means that a beneficiary is obligated to make its best attempt to
accomplish the agreed-to goal, even when there is uncertainty or difficulty.
(3) "COVID-19 emergency" not used
(4) "Disadvantaged business enterprise" has the same meaning as set forth in § 2 -
218.33.
(5) "Government -assisted project" has the same meaning as set forth in § 2 -
218.02(9A).
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(6) "Longtime resident business" has the same meaning as set forth in§ 2 -
218.02(13).
(7) "Resident -owned business" has the same meaning as set forth in § 2 -
218.02(15).
(8) "Small Business Enterprises" has the same meaning as set forth in § 2-218.32.
(f) Contracts entered into on an emergency basis or that are made in furtherance of, or
that are related to, the District's response to the COVID -19 emergency shall not be
subject to the requirements of subchapter IX-A of this chapter or subchapter X of this
chapter.
H.7.2 Subcontracting Plan Requirements and Non-Responsive Bids:
The Subcontracting Plan Form Attachment J.5 must be provided as part of all bids, as follows:
1. If the prime contractor required by law to subcontract under this Contract, it shall
submit a subcontracting plan as part of its bid in accordance with D.C. Official Code §
2–218.91, and Section H.7.1 of this IFB . The SBE Subcontracting Plan must list all
subcontractors at every tier and shall include the following:
(a) The name and address of each subcontractor;
(b) A current certification number of the small or certified business enterprise;
(c) The scope of work to be performed by each subcontractor;
(d) The price to be paid by the prime contractor to each subcontractor; and
(e) Meet the subcontracting requirements as further described in Section H.7.1 of
this IFB.
2. If the prime contractor is a Certified Business Enterprise (“CBE”) and self performs the
entire project with its own organization and resources and will not subcontract any
portion of the services, then the CBE shall only submit the SBE Subcontracting Form
by selecting the self -performance option located on the first page of the SBE
Subcontracting Form.
3. Bidders responding to this IFB shall be deemed nonresponsive and shall be rejected if
the Bidder fails to submit a Subcontracting Plan with its bid as detailed in Section H.7.1
and Section H.7.2 of this IFB.
4. Once the Subcontracting Plan is approved by the Department’s CO, changes to the plan
will only occur with the prior written approval of the CO and the Director of
Department of Small and Local Business Development (“DSLBD”).
5. The Subcontracting Plan shall be provided before the District accepts the submission
of the bid.
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H.7.3 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.
H.7.4 Subcontracting Plan Compliance Reporting
H.7.4.1 The Contractor shall submit a quarterly report to the CO, COTR, 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.
H.7.4.2 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.
H.7.5 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, COTR, District of Columbia Auditor and the Director of
DSLBD to provide an update on its subcontracting plan.
H.8 FAIR CRIMINAL RECORD SCREENING
H.8.1 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.
H.8.2 Prior to making a conditional offer of employment, the Contractor shall not require
an applicant for employment, or a person who has requested consideration for
employment by the Contractor, to reveal or disclose an arrest or criminal accusation
that is not then pending or did not result in a criminal conviction.
H.8.3 After making a conditional offer of employment, the Contractor may require an
applicant to disclose or reveal a criminal conviction.
H.8.4 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.
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H.8.5 This section and the provisions of the Act shall not apply:
(a) Where a federal or District law or regulation requires the consideration of
an applicant’s criminal history for the purposes of employment;
(b) 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;
(c) To any facility or employer that provides programs, services, or direct care
to, children, youth, or vulnerable adults; or
(d) To employers that employ less than 11 employees.
H.8.6 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.9 RESERVED
H.10 BUY AMERICAN ACT PROVISION.
H.10.1 In accordance with the Buy American Act (41 U.S.C. § l0a -l0d), and
Executive Order 10582. December 17, 1954 (3 CFR, 1954 -58 Comp., p. 230),
as amended by Executive Order 11051, September 27,1962 (3 CFR, l059 —63
Comp., p. 635), the Contractor agrees that only domestic construction material
will be used by the Contractor, subcontractors, material men and suppliers in
the performance of the agreement, except for non -domestic material listed in
the Contract.
a. “Components” as used in this Section, means those articles, materials and
supplies incorporated directly into the end products.
b. “Domestic end product”, as used in this section, means, (1) an
unmanufactured end product mined or produced in the United States, or (2)
an end product manufactured in the United States, if the cost of its
components mined, produced, or manufactured in the United States, exceeds
50 percent of the cost of all its components.
c. Components of foreign origin of the same class or kind as the products shall
be treated as domestic. Scrap generated, collected, and prepared for
processing in the Unites States is considered domestic.
d. “End Products”, as used in this Section, means those articles, materials, and
supplies to be acquired for public use under this Contract.
e. The Contractor shall deliver only domestic end products, except those:
i. For use outside the United States;
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ii. That the District determines are not mined, produced, or manufactured
in the Unites States in sufficient and reasonably available commercial
quantities of a satisfactory quality;
iii. For which the District determines that domestic preference would be
inconsistent with the public interest; or
iv. For which the District determines the cost to be unreasonable.
H.10.1.2 Domestic Construction Material . “Construction material” means
any article, material or supply brought to the construction site for incorporation
in the building or work. An unmanufactured construction material is a
“domestic construction material” if it has been mined or produced in the United
States. A manufactured construction material is a “domestic construction
material” if it has been manufactured in the United States and if the cost of its
components which have been mined, produced, or manufactured in the United
States exceeds 50 percent of the cost of all its components. “Component” means
any article, material, or supply directly incorporated in a construction material.
H.10.1.3 Domestic Component. A component shall be considered to have been
“mined, produced, or manufactured in the United States” regardless of its
source, in fact, if the article, material or supply in which it is incorporated was
manufactured in the United States and the component is of a class or kind
determined by the government to be not mined, produced or manufactured in
the united states in sufficient and reasonably available commercial quantities
and of a satisfactory quality.
H.10.1.4 Foreign Material. When steel materials are used in a project a
minimal use of foreign steel is permitted. The cost of such materials cannot
exceed on -tenth of one percent of the total project cost, or $2,500,000,
whichever is greater
H.11 ANTI-DEFICIENCY ACTS
The Department’s obligations and responsibilities under the terms of the Contract are
and shall remain subject to the provisions of (i) the federal Anti -Deficiency Act, 31
U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the District of
Columbia Anti -Deficiency Act, D.C. Code §§ 47-355.01 - 355.08, as the foregoing
statutes may be amended from time to time, and (iv) Section 446 of the District of
Columbia Home Rule Act. The Contract shall not constitute an indebtedness of the
Department, nor shall it constitute an obligation for which the Department is obligated
to levy or pledge any form of taxation, or for which the Department has levied or
pledged any form of taxation. IN ACCORDANCE WITH § 446 OF THE HOME
RULE ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL
IS AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE
AGREEMENT OR CONTRACT DOCUMENTS UNLESS SUCH AMOUNT
HAS BEEN APPROVED, IS LAWFULLY AVAILABLE AND
APPROPRIATED BY ACT OF CONGRESS.
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H.12 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 COTR designated
in subsection G.9 who will provide the request to the FOIA Officer for the agency with
programmatic responsibility in accordance with the D.C. Freedom of Information Act.
If the agency with programmatic responsibility receives a request for a record
maintained by the Contractor pursuant to the Contract, the COTR will forward a copy
to the Contractor. In either event, the Contractor is required by law to provide all
responsive records to the COTR within the timeframe designated by the COTR. The
FOIA Officer for the agency with programmatic responsibility will determine the
releasability of the records. The District will reimburse the Contractor for the costs of
searching and copying the records in accordance with D.C. Official Code §2-532 and
Chapter 4 of Title 1 of the D.C. Municipal Regulations.
H.13 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.
During the performance of the Contract, the Contractor and any of its subcontractors
shall comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act
prohibits discrimination against disabled people in federally funded program and
activities. See 29 U.S.C. §794 et seq.
H.14 AMERICANS WITH DISABILITIES ACT OF 1990 (“ADA”)
During the performance of this Contract, the Contractor and any of its subcontractors
shall comply with the ADA. The ADA makes it unlawful to discriminate in
employment against a qualified individual with a disability. See 42 U.S.C. §12101 et
seq.
H.15 WAY TO WORK AMENDMENT ACT OF 2006
H.15.1 Except as described in Section H.1 5.8 below, the Contractor shall
comply with Title I of the Way to Work Amendment Act of 2006, effective June
8, 2006 (D.C. Law 16 -118, D.C. Official Code §2 -220.01 et seq .) (“Living
Wage Act of 2006”), for contracts for services in the amount of $100,000 or
more in a 12-month period.
H.15.2 The Contractor shall pay its employees and subcontractors who perform
services under the Contract no less than the current living wage.
H.15.3 The Contractor shall include in any subcontract for $15,000 or more a
provision requiring the subcontractor to pay its employees who perform services
under the Contract no less than the current living wage rate.
H.15.4 The DOES may adjust the living wage annually and Contractor will find
the current living wage rate on its website at www.does.dc.gov.
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H.15.5 The Contractor shall provide a copy of the Fact Sheet attached as J.6 to
each employee and subcontractor who performs services under the contract. The
Contractor shall also post the Notice attached as J.6 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.
H.15.6 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.
H.15.7 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.15.8 The requirements of the Living Wage Act of 2006 do not apply to:
(1) Contracts or other agreements that are subject to higher wage
level determinations required by federal law;
(2) Existing and future collective bargaining agreements, provided,
that the future collective bargaining agreement results in the
employee being paid no less than the established living wage;
(3) Contracts for electricity, telephone, water, sewer or other
services provided by a regulated utility;
(4) Contracts for services needed immediately to prevent or respond
to a disaster or imminent 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
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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.
H.15.9 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.16 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY
PERSONNEL
The key personnel specified in the Contract are considered to be essential to the work
being performed hereunder. Prior to diverting any of the specified key personnel for
any reason, the Contractor shall notify the CO at least thirty (30) calendar days in
advance and shall submit justifica tion, including proposed substitutions, in sufficient
detail to permit evaluation of the impact upon the Contract. The Contractor shall obtain
written approval of the CO for any proposed substitution of key personnel.
H.17 AUDITS AND RECORDS
H.17.1 As used in this clause, “records” includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer data, or in any
other form.
H.17.2 Examination of Costs. If this is a cost-reimbursement, incentive, time-
and-materials, labor-hour, or price re-determinable contract, or any combination
of these, the Contractor shall maintain and the CO, or an authorized
representative of the CO, shall have the right to examine and audit all records
and other evidence sufficient to reflect properly all costs claim ed to have been
incurred or anticipated to be incurred directly or indirectly in performance of
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this contract. This right of examination shall include inspection at all reasonable
times of the Contractor’s plants, or parts of them, engaged in performing the
contract.
H.17.3 Cost or pricing data. If the Contractor has been required to submit cost
or pricing data in connection with any pricing action relating to this Contract,
the CO, or an authorized representative of the CO, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the
right to examine and audit all of the Contractor’s records, including
computations and projections, related to:
a. The proposal for the contract, subcontract, or modification;
b. The discussions conducted on the proposal(s), including those related to
negotiating;
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.
H.17.4 Comptroller General
H.17.4.1 The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the
Contractor’s directly pertinent records involving transactions related to
this Contract or a subcontract hereunder.
H.17.4.2 This paragraph may not be construed to require the Contractor
or subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.
H.17.5 Reports. If the Contractor is required to furnish cost, funding, or
performance reports, the CO or an authorized representative of the CO shall
have the right to examine and audit the supporting records and materials, for the
purpose of evaluating:
a. The effectiveness of the Contractor’s policies and procedures to
produce data compatible with the objectives of these reports; and
b. the data reported.
H.17.6 Availability. The Contractor shall make available at its office at all
reasonable times the records, materials, and other evidence described in section
H.11, for examination, audit, or reproduction, until three (3) years after final
payment under this Contract or for any shorter period specified in the
Solicitation, or for any longer period required by statute or by other clauses of
this Contract. In addition:
a. If this Contract is completely or partially terminated, the
Contractor shall make available the records relating to the work
terminated until thee (3) years after any resulting final
termination settlement; and
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b. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this Contract until such
appeals, litigation, or claims are finally resolved.
H.17.7 The Contractor shall insert a clause containing all the terms of this
clause, including this section H.17.7 in all subcontracts under this Contract that
exceed the small purchase threshold of $100,000.00 and:
a. That are cost-reimbursement, incentive, time-and-materials, labor-hour, or
price re-determinable type or any combination of these;
b. For which cost or pricing data are required; or
c. That requires the subcontractor to furnish reports as discussed in H.17.5 of
this clause.
H.18 ADVISORY AND ASSISTANCE SERVICES
This contract is a “non-personal services contract”. The Contractor and the Contractor’s
employees: (1) shall perform the services specified herein as independent contractors,
not as employees of the government; (2) shall be responsible for their own management
and administration of the work required and bear sole responsibility for complying with
any and all technical, schedule, financial requirements or constraints attendant to the
performance of this Contract; (3) shall be free from supervision or contro l by any
government employee with respect to the manner or method of performance of the
service specified; but (4) shall, pursuant to the government’s right and obligation to
inspect, accept or reject work, comply with such general direction of the CO, or the
duly authorized representative of the CO as is necessary to ensure accomplishment of
the Contract objectives.
H.19 DISTRICT RESPONSIBILITIES
H.19.1 District Furnished Property
District property shall remain the property of the District in all respects. The
COTR may require Contractor personnel to sign for receipt and custody of
District furnished property, at the discretion of the COTR. The Contractor shall
take all reasonable precautions to safeguard and protect District property.
District property shall be used only in direct Operations for providing contract
services and shall not be used in any manner for any personal advantage,
business gain, or other personal endeavor by the Contractor or the Contractor's
employees.
H.20 CONTRACTOR RESPONSIBILITIES
H.20.1 The Contractor shall be responsible for providing services in accordance
with the requirements of this Contract.
H.20.2 The Contractor shall be responsible for obtaining all licenses and
permits necessary for the performance of this Contract.
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H.20.3 The Contractor shall furnish all equipment needed for the performance
of the work under this Contract. All equipment must be properly guarded and
meet all applicable United States Occupational Safety and Health
Administration OSHA standards.
H.20.4 The Contractor shall assume full responsibility and liability for
compliance with all applicable regulations pertaining to the health and safety of
personnel during the execution of work and shall hold the District harmless for
any action on his part or that of his employees or subcontractors, which results
in illness, injury or death.
H.20.5 The Contractor shall meet all federal, state vehicles compliance
standards, local laws, inspections, and regulations, including, but not limited to,
the permitting requirements under Chapter 25 of Title 18, DCMR by DDOT,
DCRA and the DC Department of Public Works (“DPW”). The Contractor shall
ensure that each vehicle is licensed and registered in accordance with District
regulations.
H.21 STAFF ATTIRE AND IDENTIFICATION
H.21.1 The Contractor’s staff shall wear identification badges at all times. The
identification badges shall provide company logo, employee’s name, and
employee photograph. Special badging requirements may be needed from
WMATA for access to the CHMS.
H.22 SAFETY REQUIREMENTS
H.22.1 The Contractor shall be responsible for : (i) complying with all
applicable District and Federal rules, regulations and practices relating to safety
on the job site; (ii)for all injury to persons or damage to property that occurs as
a result of the Contractor's negligence and shall take proper safety and health
precautions to protect the work, the workers, the tenants and District property;
and (iii) for all materials delivered and work performed until completion and
acceptance of the entire work in writing by the COTR.
H.22.2 The Contractor shall provide and ensure that all its personnel at the work
sites properly wear all applicable safety devices and apparel required by the
United States Occupational Safety and Health Administration (OSHA)
including, but not limited to:
H.22.2.1 Back support devices
H.22.2.2 Eye protection
H.22.2.3 Hearing protection
H.22.2.4 Hand protection
H.22.2.5 Head protection
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H.22.2.6 Foot protection
H.22.3 The District, DGS CM, and WMATA JDAC staff all have the right to
inspect all areas for safety violations at their discretion, direct the Contractor to
make immediate improvement of necessary conditions and/or procedures,
and/or stop the work if other hazards are deemed to exist.
H.22.4 Notwithstanding any provision to the contrary, the District shall not be
obligated to make an equitable adjustment for any work stoppage that results
from safety hazards created by the Contractor. In the event that the Contracting
Officer directs the wor k to stop because of existing safety hazards after the
Contractor has been notified and provided ample time to correct, the Contractor
shall bear all costs for eliminating the hazard(s) and shall not be granted
compensation for the work stoppage.
H.22.5 The Contractor shall immediately notify the DGS COTR and WMATA
JDAC Project Manager if the job site is visited by an OSHA official for
compliance with the Occupational Safety and Health Act or any other safety
regulatory requirements.
H.23 FIRE PREVENTION
H.23.1 The Contractor shall be responsible for establishing and maintaining an
effective fire prevention program for its employees and the District property
being serviced on the job site.
H.23.2 The Contractor shall be knowledgeable and train all its employees on
the job site to fulfill the requirements of this Statement of Work on the
procedures, means of egress and methods of reporting fires on the job sites.
H.24 SMOKE FREE ENVIRONMENT
The District's facilities are smoke free. The Contractor is responsible for adhering to all
applicable rules and regulations regarding maintenance of a smoke free environment
on the job sites.
H.25 ACCIDENT REPORTS
The Contractor shall immediately notify the DGS COTR and WMATA JDAC Project
Manager of any accidents on the job site arising from the performance of this SOW that
involve bodily injury to Contractor’s employees or District workers or both, building
occupants, visitors, or other persons.
H.26 PROPERTY DAMAGE NOTIFICATION
Any damage caused by the Contractor or its employees to District property shall be
promptly repaired or replaced by the Contractor at the Contractor’s expense.
H.27 SUSPENSION OF WORK
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H.27.1 In the event services are not provided or required by the District because
the buildings is closed due to unanticipated circumstances, deductions to the
Contractor price normally payable to Contractor will be computed as follows.
H.27.2 The deduction rate in dollars per day will be equal to the per month
contract price for the building, divided by twenty -one (21) days per month.
(This will be adjusted as appropriate if some portion of the Contractor’s
requirements apply to weekends or holidays).
H.27.3 The deduction rate in dollars per day multiplied by the number of days
services were not provided or required will equal the total dollar deduction to
be made.
H.27.4 Deductions will not be made to the extent that the Contractor can
demonstrate that payment to employees is required by an incorporated wage
determination or union agreement.
H.27.5 In the event services are provided for portion of days, appropriate
adjustments will be made by the COTR to assure the Contractor is compensated
for services provided.
H.28 CONTRACTOR RESPONSIBILITY UPON CONTRACT COMPLETION
OR TERMINATION
H.28.1 The Contractor shall turn over all plans codes, manuals, records, files,
reports, databases spare inventory and materials developed or pur chased in the
course of the C ontract to the COTR within thirty (30) calendar days after
contract completion or termination. The Contractor shall develop transition
plans, which shall describe staffing and organizational structure during the
phase-in and phase-out transition periods, and how the Contrac tor will interact
with the existing work force during the thirt y (30) days of transition at the
beginning and end of this Contract.
H.29 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The Contractor agrees that the applicable work performed under this Contract
shall be subject to the Contract Work Hours and Safety Standards Act (40
U.S.C. §§ 327-333).
H.30 FALSE CLAIMS ACT
The Contractor shall be governed by all laws and regulations prohibiting false
or fraudulent statements and claims made to DC government, including the
prescriptions set forth in D.C. Official Code §§ 22 -2405 and 2-381.02 et seq.
In the event that it is discovered that the Contractor has made a false, fraudulent
or unsupported statement or claim to the Department, the Department may
terminate this Contract without liability.
H.31 Special Provisions Related to the COVID 19 Emergency
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H.31.1 The Contractor is required to comply with Mayor’s Order 2021-099,
COVID-19 Vaccination Certification Requirement for District Government
Employees, Contractors, Interns, and Grantees, dated August 10, 2021, and all
substantially similar vaccine requirements, including any modifications to this
Order, unless and until they are rescinded or superseded. At the request of the
District government, Contractors may be asked to provide certification of
compliance with this requirement and/or documents and records in support of
this certification.
H.32.2 The Contractor is required to comply with City Administrator’s Order
2021-4, Resumption of Requirement for All Persons to Wear a Mask Inside
District Government Buildings and While on Duty as a District Government
Employee or Contractor, dated July 30, 2021, and all substantially similar mask
requirements including Section VI of Mayor’s Order 2021-147, dated December
20, 2021, (requiring boosters) and Section V of Mayor’s Order 2022-029, dated
February 14, 2022, (affirming continuation of those vaccine requirements for
contractors) and any modifications to these Orders, unless and until they are
rescinded or superseded.”
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SECTION I
CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
The Department of General Services Standard Contract Provisions General Provisions
for Construction Contracts (“SCP”) (Attachment J.3 .a) and WMATA Division 1
Contract Requirements (Attachment J.3.b) are incorporated as part of the Contract.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this Contract beyond the current fiscal year is contingent upon future
fiscal appropriations.
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the
District in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, fi rm or
corporation, in accordance with the District and federal laws governing the
confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays,
unless otherwise stated herein.
I.5 RIGHTS IN DATA
A. Definitions
1. “ Products” - A deliverable under any contract that may include commodities,
services and/or technology furnished by or through the Contractor, including existing
and custom Products, such as, but not limited to: a) recorded information, regardless of
form or the media on which it may be recorded; b) document research; c) experimental,
developmental, or engineering work; d) licensed software; e) components of the
hardware environment; f) printed materials (including but not limited to training
manuals, system and user documentation, reports, drawings); g) third party software;
h) modifications, customizations, custom programs, program listings, programming
tools, data, modules, components; and i ) any intellectual property embodied therein,
whether in tangible or intangible form, including but not limited to utilities, interfaces,
templates, subroutines, algorithms, formulas, source code, and object code.
2. “Existing Products” - Tangible Products and intangible licensed Products that exist
prior to the commencement of work under the Contract. Existing Products must be
identified on the Product prior to commencement of work or else will be presumed to
be Custom Products.
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3. “Custom Products” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for
the District under the Contract.
4. “District” – The District of Columbia and its agencies.
B. Title to Project Deliverables
The Contractor acknowledges that it is commissioned by the District to perform
services detailed in the Contract. The District shall have ownership and rights for the
duration set forth in the contract to use, copy, modify, distribute, or adapt Products as
follows:
1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded
in, delivered or operating in conjunction with hardware or Custom Products, shall
remain with Contractor or third party proprietary owner, who retains all rights, title and
interest (incl uding patent, trademark or copyrights). Effective upon payment, the
District shall be granted an irrevocable, non -exclusive, worldwide, paid-up license to
use, execute, reproduce, display, perform, adapt (unless the Contractor advises t he
District as part of Contractor’s bid that adaptation will violate existing agreements or
statutes and Contractor demonstrates such to the District’s satisfaction), and distribute
Existing Product to District users up to the license capacity stated in th e Contract with
all license rights necessary to fully effect the general business purpose of the project or
work plan or contract. Licenses shall be granted in the name of the District. The District
agrees to reproduce the copyright notice and any other l egend of ownership on any
copies authorized under this paragraph.
2. Custom Products : Effective upon Product creation, the Contractor shall convey,
assign, and transfer to the District the sole and exclusive rights, title and interest in
Custom Products, whether preliminary, final or otherwise, including all patents,
trademark, and copyri ghts. The Contractor hereby agrees to take all necessary and
appropriate steps to ensure that the Custom Products are protected against unauthorized
copying, reproduction and marketing by or through the Contractor.
C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses
thereunder to another District agency. Nothing herein shall preclude the Contractor
from otherwise using the related or underlying general knowledge, skills, ideas,
concepts, techniques and experience developed under a project or work plan in the
course of the Contractor’s business.
D. Subcontractor Rights
Whenever any data, including computer software, are to be obtained from a
subcontractor under the Contract, the Contractor shall use this clause, Rights in Data,
in the subcontract, without alteration, and no other clause shall be used to enlarge or
diminish the District’s or the Contractor’s rights in that subcontractor data or computer
software which is required for the District.
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E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in Section
I.5.B.2, the Contractor shall furnish to the District, a copy of the source code with such
rights of the scope as specified in Section I.5.B.2 of this clause. For all computer
software furnished to the District with the restricted rights specified in Section I.5.B.1
of this clause, the District, if the Contractor either directly or through a successor or
affiliate shall cease to provide the maintenance or warranty se rvices provided the
District under the Contract or any paid-up maintenance agreement, or if the Contractor
should be declared insolvent by a court of competent jurisdiction, shall have the right
to obtain, for its own and sole use only, a single copy of the current version of the source
code supplied under the Contract, and a single copy of the documentation associated
therewith, upon payment to the person in control of the source code the reasonable cost
of making each copy.
2. If the Contractor or Product manufacturer/developer of software furnished to the
District with the rights specified in Section I.5. B.1 of this clause offers the source code
or source code escrow to any other commercial customers, the Contractor shall either:
(1) provide the District with the source code for the Product; (2) place the source code
in a third party escrow arrangement with a designated escrow agent who shall be named
and identified to the District, and who shall be directed to release the d eposited source
code in accordance with a standard escrow arrangement acceptable to the District; or
(3) will certify to the District that the Product manufacturer/ developer has named the
District as a named beneficiary of an established escrow arrangemen t with its
designated escrow agent who shall be named and identified to the District, and who
shall be directed to release the deposited source code in accordance with the terms of
escrow.
3. The Contractor shall update the source code, as well as any corrections or
enhancements to the source code, for each new release of the Product in the same
manner as provided above, and certify such updating of escrow to the District in
writing.
F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its
officers, agents and employees acting within the scope of their official duties
against any liability, including costs and expenses, (i) for violation of
proprietary rights, copyrights, or rights of privacy, arising out of the publication,
translation, reproduction, delivery, performance, use or disposition of any data
furnished under this Contract, or (ii) based upon any data furnished under this
Contract, or based upon libelous or other unlawful matter contained in such
data.
G. All DGS data, information, documents, and similar material provided to the
Contractor for the purpose of performing the scope will remain the sole property
of DGS and will be destroyed or returned by the Contractor upon completion
of services.
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H. All Contractors’ specified deliverables to DGS will become DGS sole property
and will not be encumbered in their future use by any licensing or copyright by
the Contractor. The Contractor may maintain a copy of deliverables for
internal reference purposes.
I. The Contractor’s intellectual property related to delivery of services will remain
the Contractor’s property unless otherwise specified in this Contract or task
order.
I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the
performance of work by another District contractor or by any District employee.
I.7 SUBCONTRACT APPROV AL OF SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or
services to any subcontractor without the prior written consent of the CO. Any work
or service so subcontracted shall be performed pursuant to a subcontract agreement,
which the District will have the right to review and approve prior to its execution by
the Contractor. Any such subcontract shall specify that the Contractor and the
subcontractor shall be subject to every provision of this contract. Notwithstanding
any such subcontract approved by the District, the Contractor shall remain liable to
the District for all Contractor's work and services required hereunder.
I.8 DEPARTMENT APPROV AL OF SUBCONTRACTS
The Contractor hereunder shall not subcontract any of the Contractor’s work or services
to any Subcontractor without the prior written consent of the CO. Any work or service
so subcontracted shall be performed pursuant to a subcontract agreement, which the
District will have the right to review and approve prior to its execution by the
Contractor. Any such sub contract shall specify that the Contractor and its
Subcontractor shall be subject to every provision of this Contract. Notwithstanding any
such subcontract approved by the District, the Contractor shall remain liable to the
District for all Contractor's work and services required hereunder.
I.9 INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of
insurance specified below. The Contractor shall have its insurance broker or insurance
company submit a Certificate of Insurance to the CO giving evidence of the required
coverage prior to commencing performance under this contract. In no event shall any
work be performed until the required Certificates of Insurance signed by an authorized
representative of the insurer(s) have been provided to, and accepted by, the CO. All
insurance shall be written with financially responsible companies authorized to do
business in the District of Columbia or in the jurisdiction where the work is to be
performed and have an A.M. Best Company rating of A - / VII or higher. Should the
Contractor decide to engage a subcontractor for segments of the work under this
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contract, then, prior to commencement of work by the subcontractor, the Contractor
shall submit in writing the name and brief description of work to be performed by the
subcontractor on the Subcontractors Insurance Requirement Template provided by the
CA, to the Office of Risk Management (ORM). ORM will determine the insurance
requirements applicable to the subcontractor and promptly deliver such requirements
in writing to the Contractor and the CA. The Contractor must provide proof of the
subcontractor's r equired insurance to prior to commencement of work by the
subcontractor. If the Contractor decides to engage a subcontractor without requesting
from ORM specific insurance requirements for the subcontractor, such subcontractor
shall have the same insurance requirements as the Contractor.
All required policies shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by the Contractor and its subcontractors (except for
workers’ compensation and professional liability insurance) as an additional insureds
for claims against The Government of the District of Columbia relating to this contract,
with the understanding that any affirmative obligation imposed upon the insured
Contractor or its subcontractors (including without limitation the liability to pay
premiums) shall be the sole obligation of the Contractor or its subcontractors, and not
the additional insured. The additional insured status under the Contractor’s and its
subcontractors’ Commercial General Liability insurance policies shall be effected using
the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and
CG 20 37 07 04) or such other endorsement or combination of endorsements providing
coverage at least as broad and approved by the CO in writing. All of the Contractor’s
and i ts subcontractors’ liability policies (except for workers’ compensation and
professional liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or
its equivalent so as to indicate that such policies provide primary coverage (without any
right of contribution by any other insurance, reinsurance or self -insurance, including
any deductible or retention, maintained by an Additional Insured) for all claims against
the additional insured arising out of the performance of this Statement of Work by th e
Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds
clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher
limits than the minimums shown below, the District requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the Contractor and
subcontractors.
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall
provide evidence satisfactory to the CO with respect to the services performed that
it carries a CGL policy, written on an occurrence (not claims -made) basis, on
Insurance Services Office, Inc. (“ISO”) form CG 00 01 04 13 (or another
occurrence-based form with coverage at least as broad and approved by the CO in
writing), covering liability for all ongoing and completed operations of the
Contractor, including ongoing and completed operations under all subcontracts, and
covering claims for bodily injury, including without limitation sickness, disease or
death of any persons, injury to or destruction of property, including loss of use
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resulting therefrom, personal and advertising injury, and including coverage for
liability arising out of an Insured Contract (including the tort liability of another
assumed in a contract) and acts of terrorism (whether caused by a foreign or domestic
source). Such coverage shall have limits of liability of not less than $1,000,000 each
occurrence, a $2,000,000 general aggregate (including a per location or per project
aggregate limit endorsement, if applicable) limit, a $1,000,000 personal and
advertising injury limit, and a $2,000,000 products-completed operations aggregate
limit including explosion, collapse and underground hazards.
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).
DGS should collect, review for accuracy and maintain all warranties for goods and
services.
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 equip ment used by the Contractor, with
minimum per accident limits equal to the greater of (i) the limits set forth in the
Contractor’s commercial automobile liabili ty policy or (ii) $1,000,000 per
occurrence combined single limit for bodily injury and property damage. Form CA
99 48 03 06 Pollution Liability - Broadened Coverage for Covered Autos - Business
Auto, Motor Carrier and Truckers must be endorsed onto the policy
3. Workers’ Compensation Insurance - The Contractor shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with the
statutory mandates of the District of Columbia or the jurisdiction in which the
contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence
satisfactory to the CO of employer’s liability insurance as follows: $500,000 per
accident for injury; $500,000 per employee for disease; and $500,000 for policy
disease limit.
All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.
4. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to
the Contracting Officer of Cyber Liability Insurance, with limits not less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be
sufficiently broad to respond to the dutie s and obligations as is undertaken by
Contractor in this agreement and shall include, but not limited to, claims involving
infringement of intellectual property, including but not limited to infringement of
copyright, trademark, trade dress, invasion of privacy violations, information theft,
damage to or destruction of electronic information, release of private information,
alteration of electronic information, extortion and network security. The policy
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shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to
these obligations.
5. 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 equal to the greater of (i) the
limits set forth in the Contractor’s pollution liability policy or (ii) $ 5,000,000 per
occurrence and $5,000,000 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 extende d reporting period shall be
purchased for no less than ten (10) years after completion.
The Contractor also must furnish to 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.
6. Installation-Floater Insurance - For projects not involving structures, the
contractor shall provide an installation floater policy with a limit equal to the
Property 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.
7. Railroad Protective Liability Insurance (RPL) - The Contractor shall provide
evidence satisfactory to the Contracting Officer of a RPL policy with respect to
activities Contractor, or any of its officers, agents, employees, members, successors
and assigns, or subcontractors, perform within fifty (50) feet vertically or
horizontally of railroad tracks, but only prior to the initiation of any such activity,
Contractor shall provide Railroad Protective Liability Insurance (ISO CG 00 35 or
equivalent), in the name of the applicable railroad. The policy shall have limits of
liability of not less than Ten Million Dollars ($10,000,000.00) per occurrence,
combined single limits, for coverage A & B, for losses arising out of injury to or
death of any person, and for physical loss or damage to or de struction of property,
including the loss of use thereof. A Ten Million Dollar ($10,000,000.00) annual
aggregate may apply.
8. Commercial Umbrella or Excess Liability - The Contractor shall provide
evidence satisfactory to the CO of commercial umbrella or excess liability insurance
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with minimum limits equal to the greater of (i) the limits set forth in the Contractor’s
umbrella or excess liability policy or (ii) $ 10,000,000 per occurrence and
$10,000,000 in the annual aggregate, following the form and in excess of all liability
policies. All liability coverages must be scheduled under the umbrella and/or excess
policy. The insurance required under this paragraph shall be written in a form that
annually reinstates all required limits. Coverage shall be primary to any insurance,
self-insurance or reinsurance maintained by the District and the “other insurance”
provision must be amended in accordance with this requirement and principles of
vertical exhaustion.
B. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from
any other insurance, reinsurance or self-insurance including any deductible or retention,
maintained by the Government of the District of Columbia.
C. DURATION. The Contractor shall carry all required insurance until all contract work
is accepted by the District of Columbia and shall carry listed coverages for ten years
for construction projects following final acceptance of the work performed under this
contract and two years for non-construction related contracts.
D. LIABILITY. These are the required minimum insurance requirements established by
the District of Columbia. However, the required minimum insurance requirements
provided above will not in any way limit the contractor’s liability under this contract.
E. CONTRACTOR’S PROPERTY . Contractor and subcontractors are solely
responsible for any loss or damage to their personal property, including but not limited
to tools and equipment, scaffolding and temporary structures, rented machinery, or
owned and leased equipment. A waiver of subrogation shall apply in favor of the
District of Columbia.
F. MEASURE OF PAYMENT . The District shall not make any separate measure or
payment for the cost of insurance and bonds. The Contractor shall include all of the
costs of insurance and bonds in the contract price.
G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO
shall be given thirty (30) days prior written notice in the event of coverage and / or limit
changes or if the policy is canceled prior to the expiration date shown on the certificate.
The Contractor shall provide the CO with ten (10) days prior written notice in the event
of non-payment of premium. The Contractor will also provide the CO with an updated
Certificate of Insurance should its insurance coverages renew during the contract.
H. CERTIFICATES OF INSURANCE . The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance shall be submitted to:
The Government of the District of Columbia
And mailed to the attention of:
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James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20019
james.marshall@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).
I. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may
disclose the name and contact information of its insurers to any third party which
presents a claim against the District for any damages or claims resulting from or arising
out of work performed by the Contractor , its agents, employees, servants or
subcontractors in the performance of this contract.
J. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M.
Best Insurance Guide rating of at least A - VII (or the equivalent by any other rating
agency) and licensed in the District.
I.10 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85 -85 dated June 10, 1985, “on compliance with Equal Opportunity
Requirements in District government contracts,” each Bidder shall submit the forms for
completion of the Equal Employment Opportunity Information Report incorporated
herein as Attachment J.7. Failure to comply with the implementing rules shall result
in rejection of the respective bid. An award cannot be made to any Bidder who has not
satisfied the equal employment requirements.
I.11 ORDER OF PRECEDENCE
The Contract awarded as a result of this IFB will contain the following clause:
A conflict in language shall be resolved by giving precedence to the document in the
highest order of priority that contains language addressing the issue in question. The
following documents are incorporated into the Contract by reference and made a part
of the Contract in the following order of precedence:
1. An applicable Court Order, if any
2. Contract Document
3. DGS Standard Contract Provisions (Attachment J.3.a)
4. Contract Plans and Drawings (Attachment J.1.1)
5. IFB, as amended
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6. Project Special Provisions (Attachment J.1.3)
7. Contract attachments other than the Attachments listed in paragraphs 3
through 6 above
8. DDOT Standard Specifications Highways and Structures (2013) (Attachment
J.1.2a)
9. WMATA Joint Development and Adjacent Construction (JDAC) construction
manual (2015) (attachment J.1.4)
10. WMATA Division 1 requirements (attachment J.3.b)
11. Contractor’s Bid
In the event of conflicting requirements in any of the documents noted above or
herein, the Contractor agrees to be bound by all decisions by the Department to
implement the most stringent and/or expensive of any conflicting requirements. Any
failure by the Contractor to seek clarification from the Department as to conflicting
requirements shall in no way limit the Department's ability to require implementation,
including replacement of installed Work at a later date at Contractor’s sole expense, to
achieve compliance with the more stringent requirements.
I.12 CLAIMS & DISPUTES
All Claims and Disputes arising under or relating to this Contract shall be resolved as
provided in the attached SCP (Attachment J.3).
I.13 CHANGES
a. The CO may, at any time, by written change order, contract directive or contract
modification and without notice to the surety, if any, make changes in the
contract within the general scope hereof. If such change causes an increase or
decrease in the cost of performance of the Contract, or in the time required for
performance, an equitable adjustment shall be made. Any claim for adjustment
for a change within the general scope must be asserted within ten (10) days
from the date the change is ordered; prov ided, however, that if the CO
determines that the facts justify such action, may receive, consider and adjust
any such claim asserted at any time prior to the date of final settlement of the
Contract. If the Parties fail to agree upon the adjustment to be made, the dispute
shall be determined as provided in Section I.12 of this IFB and the SCP.
b. The District shall not require the Contractor, and the Contractor shall not
require a subcontractor, to undertake any work that is beyond the original
scope of the Contract or subcontract, including work under a District-issued
change order, when the additional work increases the Contract price beyond
the NTE Amount of this Contract, unless the CO:
1. Agrees with Contractor, and if applicable, the subcontractor on a
price for the additional work;
2. Obtains a certification of funding to pay for the additional work;
3. Makes a written, binding commitment with the Contractor to pay
for the additional work within 30-days after the Contractor submits
a proper invoice; and
4. Provides the Contractor with written notice of the funding
certification.
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c. The Contractor shall include in its subcontracts a clause that requires the
Contractor to:
1. Within 5 business days of its receipt of notice the approved
additional funding, provide the subcontractor with notice of the
amount to be paid to the subcontractor for the additional work to be
performed by the subcontractor;
2. Pay the subcontractor any undisputed amount to which the
subcontractor is entitled for the additional work within 10 days of
receipt of payment from the District; and
3. Notify the subcontractor and CO in writing of the reason the
Contractor withholds any payment from a subcontractor for the
additional work.
d. Neither the District, Contractor, nor any subcontractor may declare another
party to be in default, or assess, claim, or pursue damages for delays, until the
parties agree on a price for the additional work.
I.14 NON-DISCRIMINATION CLAUSE
I.14.1 The Contractor shall not discriminate in any manner against any employee or applicant
for employment that would constitute a violation of the District of Columbia Human
Rights Act, effective December 13, 1977, as amended (D.C. Law 2 -38; D.C. Official
Code § 2-1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall include
a similar clause in all subcontracts, except subcontracts for standard commercial
supplies or raw materials. In addition, the Contractor agrees, and any subcontractor
shall agree, to post in co nspicuous places, available to employees and applicants for
employment, a notice setting forth the provisions of this non -discrimination clause as
provided in section 251 of the Act.
I.14.2 Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights,
Chapter 11 of Title 4 of the D.C. Municipal Regulations, the following clauses apply
to the contract:
a. The Contractor shall not discriminate against any employee or applicant
for employment because of actual or perceived: race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual
orientation, gender identity or expression, family responsibilities,
genetic information, disability, matriculation, political affiliation, or
credit information. Sexual harassment is a form of sex discrimination
which is prohibited by the Act. In addition, harassment based on any of
the above protected categories is prohibited by the Act.
b. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their actual or perceived: race, color,
religion, national origin, sex, age, marital status, person al appearance,
sexual orientation, gender identity or expression, family
responsibilities, genetic information, disability, matriculation, political
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affiliation, or credit information. The affirmative action shall include,
but not be limited to the following:
1. employment, upgrading or transfer;
2. recruitment, or recruitment advertising;
3. demotion, layoff or termination;
4. rates of pay, or other forms of compensation; and
5. selection for training and apprenticeship.
c. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by
the contracting agency, setting forth the provisions in paragraphs
19(b)(1) and (b)(2) concerning non -discrimination and af firmative
action.
d. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment pursuant
to the non-discrimination requirements set forth in paragraph 19(b)(2).
e. The Contractor agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the contracting
agency, advising the said labor union or workers’ representative of that
contractor’s commitments under this nondiscrimination clause and the
Act, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
f. The Contractor agrees to permit access to its books, records, and
accounts pertaining to its employment practices, by the Chief
Procurement Officer or designee, or the Director of the Office of
Human Rights or designee, for purposes of investigation to ascertain
compliance with the Act, and to require under terms of any
subcontractor agreement each subcontractor to permit access of such
subcontractors’ books, records, and accounts for such purposes.
g. The Contractor agrees to comply with the provisions of the Act and
with all guidelines for equal employment opportunity applicable in the
District adopted by the Director of the Office of Human Rights, or any
authorized official.
h. The Contractor shall include in every subcontract the equal
opportunity clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this
clause, so that such provisions shall be binding upon each
subcontractor.
i. The Contractor shall take such action with respect to any subcontract as the
CO may direct as a means of enforcing these provisions, including sanctions
for noncompliance; provided, however, that in the event the Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Contractor
may request the District to enter into such litigation to protect the interest of
the District.
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I.15 BONDS
I.15.1 Bid Bond
Bidders are required to submit with their bid a bid bond in the amount of five percent
(5%) of total bidding budget, in the form included as Attachment J.13. All bonding
companies must be included on the Department of Treasury’s Listing of Approved
Sureties. Alternatively, Bidders may submit a cashier’s check in lieu of a bid bond.
However, in the event a Bidder who is awarded the Contract fails to post payment and
performance bonds for the full value of the Contract, the Bidder shall thereby forfeit
the full amount of the cashier’s check, and the Department shall collect such funds as
liquidated damages. If the Bidder chooses to submit a cashier’s check in lieu of a bid
bond, the Bidder must complete the form included as Attachment J.1 4 and return,
notarized, with the Bidder’s Bid.
I.15.2 Trade Subcontractor Bonds
The Contractor shall require that all trade subcontractors provide payment and
performance bonds having a penal value equal to One Hundred Percent (100%) of the
cost of the trade subcontract. All such bonds shall be written on a dual-obligee basis.
I.15.3 Contractor’s Payment and Performance Bond
The Contractor shall be required to provide payment and performance bonds each
having a penal value equal to 100% of the Contract amount. The Contractor shall
provide the required bonds within ten (10) days of the execution of the Contract. All
bonding companies must be licensed to conduct business in the District of Columbia
and be included on the Department of Treasury’s Listing of Approved Sureties
website. The Contractor shall submit with its bid a certification to provide payment
and performance bonds (Attachment J.12).
I.16 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS
Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or
demand against the District until approved by the Council of the District of Columbia
and signed by the Contracting Officer.
I.17 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.
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SECTION J
LIST OF ATTACHMENTS
The following list of attachments are incorporated and attached to the Contract or a link to the
attachment has been provided.
Attachment
Number Document
J.1 13th Street Connector Infrastructure Improvements (Phase 8) Drawings and
Project Specifications and related Reference Information Documents (RID’s)
J.1.1 Released for Construction Contract Plans for 13th Street Connector
Infrastructure Improvements (Contract Plans)
J.1.2a DDOT Standard Specifications for Highways and Structures, 2013, with
2020 revisions (DDOT Gold Book)
J.1.2.b DDOT Standard Drawings, 2015 with 2020 Revisions
J.1.3 Project Special Provisions (Phase 8)
J.1.4 WMATA Joint Development and Adjacent Construction (JDAC)
construction manual (2015)
J.1.5 Limited Cleanup Plan for CCR Contaminated Soil during Stage 2 Utility
Installation Activities
J.1.6 St. Elizabeth East Campus – Stage 2 Phase 8 – Final Geotechnical and
Pavement Design Report – September 2023
J.1.7 ECS Geotechnical Data Transmittal for 13 Street Connector – Date
September 2022
J.1.8 A&T lots 841 & 845 – Congress Heights Metro Station limits
J.1.9 A&T lots 844,846 & 864– Future ROW limits
J.1.10 A&T lots 832 & 805 – St Elizabeths Hospital (SEH) limits
J.1.11 Owner Supplied Prefabricated Guard Booth for SEH Entrance – approved
shop drawings -
J.1.12 Verizon Specifications
J.1.13 Project Sign – Phase 8
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Attachment
Number Document
J.1.14 Phase 8 proposed utilities 3-Dimensional PDF
J.1.15 WMATA Real Estate DRAFT Permit Exhibits for CHMS site work
J.1.16 Parcel Map of East Campus dated January 2022
J.1.17 Existing Utilities Map of East Campus
J.1.18 Wetlands Report and Map
J.1.19 St Elizabeth’s East Campus Stage 1 & 2 Areas - Overall Testing Reports for
Suspected Contaminated Soil Areas and Composite Mapping of Locations
J.1.20 Tree Removal Permit
J.1.21 Pepco Signed Plan Approval
J.1.22 Verizon approval email
J.1.23 DC Water Availability Waiver Letter
J.1.24 Project Approvals Summary Listing
J.1.25 WMATA Site Specific Work Plan (SSWP)
J.1.26 WMATA Safety & Security Form
J.1.27 WMATA PCA Agreement Phase 8
J.1.28 St. Elizabeths Stage 2 Storm Water Pollution Prevention Plan
J.1.29 Existing Manhole Connection Data
J.1.30 Data Conversion Table WMATA
J.1.31 WMATA Bus Shelter Information
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Attachment
Number Document
J.1.32 WMATA CHMS Specifications
J.2 Offer Letter and Price Schedule/Bid Form
J.3.a Department of General Services Standard Contract Provisions General
Provisions for Construction Contracts (“SCP”)
J.3.b WMATA JDAC Division 1 Contract Requirements
J.4 U.S. Department of Labor Davis Bacon Wage Determination
DC20210001 01/01/2021
J.5 SBE Subcontracting Plan
J.6 Department of Employment Services First Source
J.6.1 First Source Employment Agreement
J.6.2 First Source Employment Plan
J.7 Equal Employment Opportunity
Employer Information Report and Mayor’s Order 85-85
J.8 Way to Work Amendment Act of 2006 –
FY 21 Living Wage Notice and Fact Sheet
J.9 Bidder/Offeror Certification
J.10 Conflict of Interest Disclosure Statement
J.11 Release of Lien Form
J.12 Certification to Furnish Performance & Payment Bonds
J.13 Bid Bond Form
J.14 Bid Bond Guarantee
J.15 Tax Affidavit
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SECTION K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF BIDDERS
Bidder/Offeror Certification Form (Attachment J.9)
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SECTION L
INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
L.1 METHOD OF AWARD
L.1.1 The District reserves the right to accept/reject any/all bids resulting from this IFB.
The CO may reject all bids or waive any minor informality or irregularity in bids
received whenever it is determined that such action is in the best interest of the
District.
L.1.2 The District intends to make one contract award resulting from this Solicitation to the
responsive and responsible Bidder who has the lowest evaluated bid.
L.1.3 The District will reject as non-responsive any bid that fails to conform in any material
respect to the IFB.
L.1.4 Bidders shall make no changes to the requirements set forth in the Solicitation.
L.1.5 Bidders must complete the Offer Letter and Bid Form (Attachment J.2) in its entirety
to be considered for this Solicitations. The Bidder’s failure to complete the Offer
Letter and Bid Form (Attachment J.2) will render the bid non-responsive and
disqualify the respective bid.
L.2 BID SUBMISSION DATE AND TIME
Bids must be submitted on or before 2:00 PM on May 21, 2024.
L.3 WITHDRAWAL OR MODIFICATION OF BIDS
A Bidder may modify or withdraw its bid upon written or facsimile transmission if
received at the location designated in the solicitation for submission of bids, but not
later than the exact time set for opening of bids.
L.4 LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE
WITHDRAWALS
L.4.1 Bids, modifications to bids, or requests for withdrawals that are received at the
location designated in the Solicitation after the time and date specified in Section I.2
of the IFB, shall be considered a “late” bid and will be considered only if they are
received before the Contract award is made and any of the following circumstances
apply:
a. The bid or modification was sent by registered or certified mail no later
than five (5) calendar days before the date specified for receipt of bids;
b. It was sent by mail and the Contracting Officer determines that the late
receipt was due solely to mishandling by the District after receipt at the
location specified in the IFB; or
c. It was sent electronically by the Bidder prior to the time and date specified
and there is objective evidence in electronic form confirming that the bid
was received prior to the bid receipt time and date specified.
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L.4.2 Postmarks
The only acceptable evidence to establish the date of a late bid, late modification or
late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian
Postal Service postmark on the wrapper or on the original receipt from the U.S. or
Canadian Postal Service. If neither postmark shows a legible date, the bid,
modification or withdrawal shall be deemed to have been mailed late. When the
postmark shows the date but not the hour, the time is presumed to be the last minute
of the date shown. If no date is shown on the postmark, the bid shall be considered
late unless the Bidder can furnish evidence from the postal authorities of timely
mailing.
L.4.3 Late Submissions
Any request for withdrawal or request for modification of a bid received after the bid
receipt time and date is late. A late bid, late request for modification or late request for
withdrawal shall not be considered, except as provided in this section.
L.4.4 Late Modifications
A late modification of a successful bid which makes its terms more favorable to the
District will be considered at any time it is received and may be accepted.
L.4.5 Late Bids
A late bid, late modification or late withdrawal of a bid that is not considered shall be
held unopened, unless opened for identification, until after award and then retained
with unsuccessful bids resulting from this solicitation.
L.5 BID IDENTIFICATION AND DELIVERY
Bids must be submitted to the attention of James Marshall through the DGS portal at
https://octo.quickbase.com/db/bq7rujdk2?a=dbpage&pageID=2%E2%80%9D no
later than 2:00PM May 21, 2024.
Bidders shall include the following in the Subject Line of the email:
“SOLICITATION NUMBER DCAM-24-CS-IFB-0001- Redevelopment St.
Elizabeths East Campus – 13th Street Connector Infrastructure
Improvements”
L.6 ERRORS IN BIDS
Bidders are expected to read and understand fully all information and requirements
contained in the solicitation; failure to do so will be at the Bidder’s risk. In event of a
discrepancy between the unit price and the total NTE Amount, the unit price shall
govern.
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L.7 QUESTIONS ABOUT THE SOLICITATION
If a prospective Bidder has any questions or requests for clarification relative to this
Solicitation, the prospective Bidder shall submit all questions and requests for
clarification in writing to James H. Marshall at
https://octo.quickbase.com/db/bq7rujdk2?a=dbpage&pageID=2%E2%80%9Dby or
no later than 4:00PM April 24, 2024 . The Department will not consider any
questions received after April 24, 2024. The Department will review all questions
and/ or requests for clarification received and will furnish responses promptly to all
other prospective Bidders. An amendment to the solicitation will be issued, if that
information is necessary in submitting bids, or if the lack of it would be prejudicial to
any other prospective Bidders. Oral explanations or instructions given before the
award of the contract will not be binding.
L.8 BID PROTESTS
Any actual or prospective Bidder or contractor who is aggrieved in connection with
the solicitation or award of a contract, must file with the D.C. Contract Appeals Board
(“Board”) a protest no later than ten (10) business days after the basis of protest is
known or should have been known, whichever is earlier. A protest based on alleged
improprieties in a solicitation which are apparent prior to bid opening, or the time set
for receipt of initial bids shall be filed with the Board prior to bid opening or the time
set for receipt of initial bids. In procurements in which bids are requested, alleged
improprieties which do not exist in the initial solicitation, but which are subsequently
incorporated into this Solicitation, must be protested no later than the next closing
time for receipt of bids following the incorporation. The protest shall be filed in
writing, with the Board located at 441 4th Street, N.W., Suite 350N, Washington, D.C.
20001. The aggrieved person shall also mail a copy of the protest to the Department’s
CO, as designated in this IFB.
L.9 ACKNOWLEDGMENT OF AMENDMENTS
The Bidder shall acknowledge receipt of any amendment to this solicitation by: (a)
signing and returning the amendment; (b) identifying the amendment number and date
in the space provided for this purpose in Section A.13 of the solicitation; or (c) by letter
or telegram, including mailgrams. The District must receive the acknowledgment by
the date and time specified for receipt of bids. A Bidder’s failure to acknowledge an
amendment may result in rejection of the bid.
L.10 SIGNING OF BIDS
L.10.1 The Contractor shall sign the bid and print or type its name on the Solicitation, Offer
and Award form of this Solicitation. Each bid must show a full business address and
telephone number of the Bidder and be signed by the person or persons legally
authorized to sign contracts. Erasures or other changes must be initialed by the
person signing the bid. Bids signed by an agent shall be accompanied by evidence of
that agent’s authority, unless that evidence has been previously furnished to the CO.
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L.10.2 All correspondence concerning the bid or the resulting contract will be mailed to the
address shown on the bid in the absence of written instructions from the Bidder or
contractor to the contrary. Any bid submitted by a partnership must be signed with
the partnership name by a general partner with authority to bind the partnership. Any
bid submitted by a corporation must be signed with the name of the corporation
followed by the signature and title of the person having authority to sign for the
corporation.
L.11 FAMILIARIZATION WITH CONDITIONS
Bidders shall thoroughly familiarize themselves with the terms and conditions of this
solicitation, acquainting themselves with all available information regarding
difficulties which may be encountered and the conditions under which the work is be
accomplished. Bidders will not be relieved from assuming all responsibility for
properly estimating the difficulties and the cost of performing the services required
herein due to their failure to investigate the conditions or to become acquainted with
all information, schedules and liability concerning the services to be performed.
L.12 LEGAL STATUS OF BIDDER
Each bid must provide the following information:
L.12.1 Name, address, telephone number and federal tax identification number of Bidder;
L.12.2 A copy of each District of Columbia license, registration or certification that the
Bidder is required by law to obtain. If the Bidder is a corporation or partnership and
does not provide a copy of its license, registration or certification to transact business
in the District of Columbia, the Bidder shall certify its intent to obtain the necessary
license, registration or certification prior to contract award or its exemption from such
requirements; and
L.12.3 If the Bidder is a partnership or joint venture, the names and addresses of the general
partners or individual members of the joint venture, and copies of any joint venture or
teaming agreements. If the Bidder is a partnership, the teaming agreement shall
include the intention, expectations, roles and responsibility of the prime contractor,
roles and responsibility of the teaming partner, why the parties are teaming, division
of the work and percentages.
L.13 PRE-BID CONFERRENCE AND SITE VISIT
L.13.1 Pre-bid Conference
The pre-bid conference will be held in -person at the R.I.S.E Center on April
17, 2024 at 11:00 a.m., EST. The R.I.S.E Demonstration Center is located at
2730 Martin Luther King Jr. Ave SE, Washington, DC 20032. Directions
available at https://eventsdc.com/venue/rise-demonstration-center/getting-there
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Potential bidders are str ongly encouraged to at tend. The purpose of the
conference is to provide a structured and formal opportunity for the District to
accept questions from offerors on the solicitation document as well as to clarify
the contents of the solicitation.
Impromptu questions will be permitted, and spontaneous answers will be
provided at the District’s discretion. Verbal answers given at the pre -bid
conference are only intended for general discussion and do not represent the
District’s final position. All oral questions must be submitted in writing
following the close of the pre-bid conference but no later than five working days
after the pre-proposal conference in order to generate an official answer. The
District will furnish responses via the Department’s web site. An amendment
to the solicitation will be issued if the CO decides that information is necessary
in submitting proposals, or if the lack of it would be prejudicial to any
prospective offeror. Oral explanations or instructions given by District officials
before the award of the contract will not be binding.
L.13.2 Site Visit
L.13.2.1 A Site Visit has been scheduled following the Pre -bid
Conference.
L.14 BID OPENING
A public bid opening will be held in person on May 21, 2024, at 3:00pm at the
Department of General Services Headquarters located at 3924 Minnesota Avenue NE,
Washington, DC 20019. The conference will be held on the first floor in the Chuck
Brown Conference Room.
L.15 CERTIFICATES OF INSURANCE
Prior to commencing work, the Contractor shall have its insurance broker or insurance
company submit certificates of insurance giving evidence of the required coverages to
the CO as further detailed in Section I.9 of this IFB. Each certificate of insurance
must identify the contract or solicitation number.
L.16 GENERAL STANDARDS OF RESPONSIBILITY
L.16.1 To be determined responsible, a prospective contractor must demonstrate that
it:
a. Has adequate financial resources, or the ability to obtain such resources,
required to perform the contract;
b. Is able to comply with the required or proposed delivery or performance
schedule, taking into consideration all existing commercial and government
contract commitments;
c. Has a satisfactory performance record;
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d. Has a satisfactory record of integrity and business ethics;
e. Has a satisfactory record of compliance with the applicable District
licensing and tax laws and regulations;
f. A satisfactory record of compliance with the law, including labor and civil
rights laws and rules, the First Source Employment Agreement Act of 1984,
effective June 29, 1984 (D.C. Law 5-9; D.C. Official Code §§ 2-219.01 et
seq.), the Small and Certified Business Enterprise Development and
Assistance Act of 2005, as amended (D.C. Official Code §§ 2-218.01 et
seq.), licensing, and tax laws;;
g. Has, or has the ability to obtain, the necessary organization, experience,
accounting, and operational control, and technical skills;
h. Has, or has the ability to obtain, the necessary production equipment,
construction equipment, technical equipment, and facilities;
i. Has not exhibited a pattern of overcharging the District;
j. Does not have an outstanding debt with the District or the federal
government in a delinquent status of more than the greater of one thousand
dollars ($1,000) or one percent (1%) of the contract value, up to twenty-five
thousand dollars ($25,000); and
k. Is qualified and is eligible to receive an award under applicable laws and
regulations.
l.16.1.1 If the Contracting Officer determines that the price included in a prospective
contractor’s bid is so low as to appear unreasonable or unrealistic, the
Contracting Officer may determine the prospective contractor to be non-
responsible.
L.16.2 If the prospective contractor fails to supply the information requested, the CO
shall make the determination of responsibility or non-responsibility based
upon available information. If the available information is insufficient to
make a determination of responsibility, the CO shall determine the
prospective contractor to be non-responsible.
L.16.3 Special Standards of Responsibility
Prequalification Criteria:
The Department of General Services (DGS) has determined that it is important
to the timely and successful completion of the Project that the Project
Superintendent must have at a minimum of 10 years of experience and have
successfully completed a minimum of five (5) roadway/highway and
infrastructure projects valued at $25 M or more. The project Superintendent
must also have specific expertise and non-track work experience working with
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the Washington Metropolitan Area Transit Authority (WMATA) or similar
transit authority, Reference C.5 and the Contract Plans (Attachment J.1.1).
L.16.3.1 The Department has determined that the Bidder have successfully completed a
minimum of five (5) roadway/ highway and infrastructure projects valued at
$25 M or more in the District of Columbia within the past seven (10) years
with a contract value for each of $25,000,000.00 or greater. In response to this
Special Standard of Responsibility, the Bidder shall provide the following for
each of the projects:
a. Name
b. Location/Address
c. Owner
d. Start Date and End Date
e. Dollar Amount
f. Point of Contact name, phone number and email address
L.16.3.2 The Department has determined that at a minimum, the Field Superintendent
shall have minimum of ten (10) years of roads and highway construction
experience as the Field Superintendent for a minimum of five (5)
roadway/highway and infrastructure projects successfully completed in the
District of Columbia within the past ten (10) years with a contract value for
each of $25,000,000.00 or greater. The Bidder shall identify the Field
Superintendent and provide the following information relative to the Field
Superintendent’s projects:
a. Name
b. Location/Address
c. Owner
d. Start Date and End Date
e. Dollar Amount
L.16.3.3 The Bidder shall be a DC Water approved vendor and provide the Bidder’s
DC Water approved vendor number.
L.16.3.4 The Bidder must have obtained in advance from WMATA a Contractor Badge
and provide the badge number as part of the bid documents.
L.17 INSTRUCTIONS TO BIDDERS
The Bidder shall complete and include the following with their Bid:
a. Signed page 1 of the IFB
b. Acknowledgement of Amendments (Section A.13)
c. The IFB pages 1 – 89 in its entirety
d. SBE Subcontracting Pan (Attachment J.5)
e. Department of Employment Services Employment First Source
Employment Agreement (Attachment J.6.1) and initial Employment Plan
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outlining the Bidder’s strategy to meet the local hiring requirements as part
of its response to th is Solicitation as provided in the Employment Plan
(Attachment J.6.2)
f. EEO Policy Statement (Attachment J.7);
g. Bidder/Offeror Certification Form (Attachment J.9);
h. Conflict of Interest Disclosure Statement (Attachment J.10)
i. Certification to provide Payment and Performance Bond s (Attachment
J.12)
j. Bid Bond (Attachment J.13) or Bid Guarantee (Attachment J.14)
k. Tax Affidavit - Each Bidder shall submit a tax affidavit indicating whether
the prospective contractor has complied with the filing requirements of
District of Columbia tax laws, and whether the prospective contractor has
paid taxes due to the District of Columbia or is in compliance with any
payment agreement with the Office of Tax and Revenue. The affidavit shall
be in a form provided as Attachment J.15. . In order to be eligible for this
procurement, prospective contractors must be in full compliance with their
tax obligations to the District of Columbia government;
l. Clean Hands Certificate available at https://mytax.dc.gov/_/
m. Response to Special Standards of Responsibility as detailed in Section
L.16.3 of this IFB.
L.18 RESTRICTION ON DISCLOSURE AND USE OF DATA
L.18.1 Bidders who include in their bid data that they do not want to be disclosed to
the public or used by the District except for use in the procurement process shall
mark the title page with the following legend:
"This bid includes data that shall not be disclosed outside the District and
shall not be duplicated, used or disclosed in whole or in part for any
purpose except for use in the procurement process.
If, however, a contract is awarded to this Bidder as a result of or in
connection with the submission of this data, the District will have the right
to duplicate, use, or disclose the data to the extent consistent with the
District’s needs in the procurement process. This restriction does not limit
the District’s rights to use, without restriction, information contained in
this bid if it is obtained from another source. The data subject to this
restriction are contained in sheets ( insert page numbers or other
identification of sheets).
L.18.2 Mark each sheet of data it wishes to restrict with the following legend:
“Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this Bid."
L.19 UNNECESSARILY ELABORATE BIDS
Unnecessarily elaborate brochures or other presentations beyond those
sufficient to present a complete and effective response to this solicitation are not
desired and may be construed as an indication of the Bidder’s lack of cost
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consciousness. Elaborate artwork, expensive paper and bindings, and expensive
visual and other presentation aids are neither necessary nor desired.
L.20 RETENTION OF SUBMISSIONS
All submissions will be retained by the Department and therefore will not be
returned to the Bidders. With the exception of proprietary financial information,
the submissions will become the property of the Department, and the
Department has the right to distribute or use such information as it determines.
L.21 NO COMPENSATION FOR PREPARATION OF BIDS
The Department shall not bear or assume any financial obligations or liabilities
regarding the preparation of any bids submitted in response to this IFB, or
prepared in connection therewith, including, but without limitation, any bids,
statements, reports, data, information, materials or other documents or items.
L.22 ELECTRONIC COPY OF BIDS FOR FREEDOM OF INFORMATION
ACT REQUESTS
In addition to other bid submission requirements, the Bidder must submit an
electronic copy of its bid, redacted in accordance with any applicable
exemptions from disclosure in D.C. Official Code §2 -534, in order for the
District to comply with §2 -536(b) that requires the District to make available
electronically copies of records that must be made public. The District’s policy
is to release documents relating to District bids following award of the contract,
subject to applicable FOIA exemption under §2-534(a) (1).
L.23 BRAND NAME OR EQUAL
L.23.1 As used in this clause, the term “brand name” includes identification of products by
make and model.
L.23.2 If items called for by this IFB have been identified in the schedule by a “brand name
or equal” 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. Bids offering “equal” products will be considered for award if such
products are clearly identified in the bids and are determined by the District to be
equal in all material respects to the brand name products referenced in the IFB.
Unless the Bidder clearly indicates in his bid that he is offering an “equal” product,
his bid shall be considered as offering a brand name product referenced in the IFB.
L.23.3 If the Bidder proposes to furnish an “equal” product, the brand name, if any, of the
product to be furnished shall be inserted in the space provided in the IFB, or such
product shall be otherwise clearly identified in the bid.
L.23.4 The evaluation of bids and the determination as to equality of the product offered
shall be the responsibility of the District and will be based on information furnished
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by the Bidder or identified in his bid as well as other information reasonably
available to the purchasing authority. CAUTION TO BIDDERS: The District is
not responsible for locating or securing any information which is not identified in the
bid and not reasonably available to the District.
L.23.5 Accordingly, to insure that sufficient information is available, the Bidder must furnish
as a part of his bid all descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the District to: (i) determine the product offered
meets the requirements of the IFB, and (ii) establish exactly what the Bidder proposes
to furnish and what the District would be binding itself to purchasing by making an
award. The information furnished may include specific reference to information
previously furnished or to information otherwise available to the District.
L.23.6 If the Bidder proposes to modify a product so as to make it conform to the
requirements of the IFB, it shall: (i) include in its bid a clear description of such
proposed modifications, and (ii) clearly mark any descriptive material to show the
proposed modifications.
L.23.7 Modifications proposed after bid opening to make a product conform to a brand name
product referenced in the IFB will not be considered.
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SECTION M
EVALUATION FACTORS
M.1. Preferences for Certified Business Enterprises
Under the provisions of the “Small and Certified Business Enterprise Development
and Assistance Act of 20 05”, D.C. Official Code § 2 -218.01 et seq ., as amended
(“Act”, as used in this section), the District shall apply preferences in evaluating bids
from businesses that are certified by DSLBD pursuant to Part D of the Act.
M.1.1. Application of Preferences
For evaluation purposes, the allowable preferences under the Act shall be applicable
to prime contractors in response to this IFB as follows:
M.1.1.1 A small business enterprise certified by the DSLBD will receive a three percent
(3%) reduction in the bid price.
M.1.1.2 A resident-owned business certified by DSLBD will receive a five percent (5%)
reduction in the bid price.
M.1.1.3 A longtime resident business certified by DSLBD will receive a ten percent
(10%) reduction in the bid price.
M.1.1.4 A local business enterprise certified by DSLBD will receive a two percent (2%)
reduction in the bid price.
L.1.1.5 A local business enterprise with its principal offices located in an enterprise zone
certified by DSLBD will receive a two percent (2%) reduction in the bid price.
M.1.1.6 A disadvantaged business enterprise certified by DSLBD will receive a two
percent (2%) reduction in the bid price.
M.1.1.7 A veteran-owned business certified by DSLBD will receive a two percent (2%)
reduction in the bid price.
M.1.1.8 A local manufacturing business enterprise certified by DSLBD will receive a two
percent (2%) reduction in the bid price.
M.1.1.9 An equity impact enterprise certified by DSLBD will receive a ten percent (10%)
reduction in the bid price.
M.1.2 Maximum Preference Awarded
Notwithstanding the availability of the preceding preferences, the maximum total
preference to which a certified business enterprise is entitled is twelve per cent (12%).
There will be no preference awarded for subcontracting by the prime contractor with
certified business enterprises.
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M.1.3 Preferences for Certified Joint Ventures
A joint venture certified by DSLBD for this solicitation will receive preferences as a
prime contractor as determined by DSLBD.
M.1.4 Verification of Bidder’s Certification as a Certified Business Enterprise
M.1.4.1 Any Bidder seeking to receive preferences on this Solicitation must be certified at
the time of submission of its bid. The CO will verify the Bidder’s certification
with DSLBD, and the Bidder should not submit with its bid any documentation
regarding its certification as a certified business enterprise.
M.1.4.2 Any Bidder seeking certification in order to receive preferences under this
solicitation should contact the:
Department of Small and Local Business Development
ATTN: CBE Certification Program
441 Fourth Street, NW, Suite 850N
Washington DC 20001
M.1.4.3 All Bidders are encouraged to contact DSLBD at (202) 727-3900 if additional
information is required on certification procedures and requirements.