Proposed Contract with Capitol Paving of DC, Inc. to Contract No. DCKA-2025-C-0023

MURIEL BOWSER
MAYOR
July 2, 2025
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 Contract No. DCKA-2025-C-0023 with Capitol Paving of DC, Inc.
(Capitol Paving) in the not-to-exceed amount of $13,264,571.50. The period of performance is
570 consecutive calendar days from the notice to proceed.
Under the proposed contract, Capitol Paving will provide all labor, materials, and equipment for
the civil construction of feeder 14093 for the DC Power Line Undergrounding Program.
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 have your staff
contact Marc Scott, Chief Operating Officer, Office of Contracting and Procurement, at (202)
724-8759.
I look forward to the Council’s favorable consideration of this contract.
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

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

COUNCIL CONTRACT SUMMARY
(Standard)

(A) Contract Number: DCKA-2025-C-0023

Proposed Contractor: Capitol Paving of DC, Inc. (Capitol Paving)

Proposed Contractor’s Principals: President: Francisco R. Neto
Secretary: Luis M Neto
Treasurer: Randolph B Panizo

Contract Amount (Base Period): Not-to-Exceed (NTE) $13,264,571.50

Unit and Method of Compensation: Fixed Unit Prices

Term of Contract: 570 consecutive calendar days from the Notice to Proceed

Type of Contract: Fixed unit price with a NTE amount

Source Selection Method: Invitation for Bid (IFB)

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

There are no option periods.

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

The contractor shall provide all labor, material and equipment to construct feeder 14093 for the DC
Power Line Undergrounding (DC PLUG) Program as shown on the plans and as directed by the
engineer.

2

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

The IFB was advertised on February 3, 2025, set aside for certified business enterprise (CBEs).
Two bids were received by the due date. After bid tabulation, the applicable CBE preference point
reductions were applied resulting in the total evaluated price. Capitol Paving was determined to
be the lowest responsive and responsible bidder.

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

None.

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

DCKA-2022-C-0036 DC Plug 15009 Construction
DCKA-2022-C-0068 DC Plug 14008 Construction
DCKA-2023-C-0042 DC Plug 15001 Construction
DCKA-2023-C-0019 DC Plug 15166 Construction
DCKA-2024-C-0073 DC Plug 14702 and 118 Construction

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

Capitol Paving is a leading utility and infrastructure firm that has been in business for nearly 36
years. Capitol Paving offers construction services in a variety of markets including bridges, dry
and wet utilities, and green infrastructure. In addition, Capitol Paving has a significant presence
in the District of Columbia and neighboring states. Capitol Paving also has a record of
satisfactory performance on previous District Department of Transportation (DDOT) projects.

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

The proposed contractor is a certified business enterprise and will self-preform 97.69% of the
contract’s total dollar volume of the contract. The total value of this contract is $13,264,571.50 and
the total that will be subcontracted out to another CBE will be $306,244.00 which is 2.31%.

(I) Performance standards and the expected outcome of the proposed contract:
3

At the direction of the DDOT contract administrator, the awardee will perform the required
construction services related to DC PLUG feeder 14093 in accordance with the terms of the
contract.

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

None.

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

The Agency Fiscal Officer certified that the available local capital funds in the NTE amount of
$13,264,571.50 is consistent with the applicable financial plan.

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

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

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

The contractor is current with its District taxes per the Clean Hands certification.

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

The proposed contractor is current with its federal taxes per the System for Award Management.

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

The contracting officer has certified that the proposed contractor hasn’t been in violation and has
been determine to not be in violation of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-
4

1163.34a; and (2) the proposed contractor has certified 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.

Contractor signed Self-Certification forms.

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

Capitol Paving is a certified business enterprise.

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

None.

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

The proposed contractor is not debarred or an excluded party on the District or Federal
listings.

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

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

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

OCP.DC.GOV

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

OCP.DC.GOV

*
*
* GovernmentoftheDistrictofColumbia

EE OfficeoftheChiefFinancialOfficer 110148Street,SW[mmm «OfficeofTaxandRevenue Washington,DC20024
DateofNotice:June17,2025 ‘NoticeNumber:0014332952
CAPITOLPAVINGOFDC INC2211CHANNINGSTNE
WASHINGTONDC 20018-2127

LEA!

[AND
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDC Code§47-2862,therefore
thisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER28GENERALLICENSESUBCHAPTERII.CLEANHANDSBEFORERECEIVINGA LICENSEOR PERMIT
D.C.CODE§47-2862(2006)§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDChomepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.

111014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S045/MyTax.DC.g0v
250 M Street, S.E., Washington, DC 20003 Telephone: (202) 671-2300
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER

Government Services Cluster

FINANCIAL PLAN AND BUDGET CERTIFICATION

Contract No.: DCKA-2025-C-0023
Contract Name: District of Columbia Power Undergrounding (DC PLUG)
Feeder 14093 Civil Construction

Contractor: Capitol Paving of DC INC
Contract Ceiling Amount: $13,264,571.50

Current Available Amount: $13,264,571.50 – RK302841

Contract Period of Service: 570 days

DC/DIFS Project Number: 100594 - LMG12C

Organization Code: KA0
==============================================================================

I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $13,264,571.50
is available for the above referenced contract and that the service is within the appropriate
budget authority for the agency for FY 20 25 and is consistent with the applicable approved
financial plan and budget. Future orders above the available funding are contingent upon the
identification of additional funding.

____________________________________ _________________
Calvin Skinner Date
Agency Fiscal Officer, OCFO

04/23/25
400 6th Street NW, Suite 9100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: June 24, 2025

SUBJECT: Legal Sufficiency Certification of DDOT Contract for DC PLUG
Construction of Feeder 14093
Contract No. DCKA-2025-C-0023
Contractor: Capitol Paving of DC
Proposed Contract Not-to-Exceed (NTE) Amount:$13,264,571.5
___________________________________________________________________________

This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.

______________________________
Robert Schildkraut

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DCKA-2025-C-0023DCPowerLineUnderground(Feeder14093) Page21ofSS
Page 2 of 55 DCKA-2025-C-0023
DC Power Line Underground (Feeder 14093)
SECTION B: CONTRACT TYPE AND PRICE/COST
B.1 SUMMARY
The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the District
Department of Transportation (“DDOT” or “Department”), is seeking a contractor to provide
construction service for the District of Columbia Power Line Underground (DC PLUG) Feeder
14093 (the “Project”) in accordance with the Contract Documents, as defined herein.
B.2 TYPE OF CONTRACT
In accordance with 27 DCMR 2402.2 the contract (“the Contract”) awarded under this Invitation
for Bid (“IFB” or “Solicitation”) shall be a fixed unit price contract with a not to exceed amount
(ceiling) equal to the Contract award amount.
B.3 DESIGNATION OF SOLICITATION FOR THE SMALL BUSINESS SET-ASIDE MARKET ONLY
For the purposes of this Solicitation, the term “District businesses” is defined as DSLBD CBE’s
and certified joint ventures.
This Invitation for Bids (IFB) is designated only for DSLBD certified business enterprises (CBE)
and certified joint venture bidders under the provisions of the DC PLUG program. The DC PLUG
program is authorized pursuant to the Electric Company Infrastructure Improvement Financing
Amendment Act of 2015, DC Law 20-102, (effective May 3, 2014) codified in DC Code
§34-1311.01 et seq. and the amendments thereto.
B.4 NOTICE OF SUBCONTRACTING REQUIREMENTS
For contracts in excess of $250,000, at least 35% of the dollar volume of the Contract shall be
subcontracted in accordance with section H.9.1. Price Schedule/Bid Form 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.
A CBE/SBE offeror that intends to self-perform 100% of the work must submit a subcontracting
plan form with its bid or proposal in which the offeror attests to its intent to self-perform all
work. A bid or proposal that does not include a subcontracting plan form shall be deemed
nonresponsive and rejected.
The Subcontracting Plan form is available at:
https://dslbd.dc.gov/sites/default/files/dc/sites/dslbd/SBE_Subcontracting_Plan_Revised_11_2
1_14.doc.
B.5 PRICE SCHEDULE/BID FORM/BID FORM
Note to bidders: The Price Schedule/Bid Form/bid form is attached at Section J.7. The Price
Schedule/Bid Form of the selected awardee will be included here in the executed contract.
District Department of Transportation
District Department of Transportation
PROPOSAL FOR
Letting ID: 20250023
03/03/2025 02:00:00 PM
Contract ID: KA20250023
Call: 005
BID TYPE:
(Enter a Bid Type, otherwise bid will be considered Regular)
Submitted by
Capitol Paving of D.C. Inc
2211 Channing St NE
Washington, DC 20018
Page 3 of 55
District Department of Transportation
Line Number Item Number Quantity Unit Unit Price Extension Price
Section 0001
DC PLUG 14093 PS&E
0005 000504 60.000 CY $236.50000 $14,190.00
Unassigned Special Item -CY - Thermal Backfill for Crossing of Existing PEPCO
Transmission Lines
0010 000506 2.000 EACH $18,000.00000 $36,000.00
Unassigned Special Item -EACH - 6'x8'x7' MANHOLE INTERRUPTER
0015 000506 5.000 EACH $65,599.00000 $327,995.00
Unassigned Special Item -EACH - Construct Cast In-place MH (4.5'x6' all depths)
0020 000506 7.000 EACH $1,065.00000 $7,455.00
Unassigned Special Item -EACH - Install 2 Way Concrete Encased Fiberglass Pole
Bends
0025 000506 60.000 EACH $986.50000 $59,190.00
Unassigned Special Item -EACH - Install 2 Way Concrete Encased PVC Pole Bends
0030 000506 30.000 EACH $9,850.00000 $295,500.00
Unassigned Special Item -EACH - Install Precast Roadway MH (4.5x6' all depths)
0035 000506 29.000 EACH $25,780.00000 $747,620.00
Unassigned Special Item -EACH - Install Precast Roadway MH (6x12' all depths)
0040 000506 4.000 EACH $28,469.00000 $113,876.00
Unassigned Special Item -EACH - Install Precast Sidewal MH (6'x12' all depths)
0045 000506 9.000 EACH $37,501.00000 $337,509.00
Unassigned Special Item -EACH - Install Precast Sidwalk UG Switch MH (6x18 all
depths)
0050 000506 27.000 EACH $3,099.00000 $83,673.00
Unassigned Special Item -EACH - Install Precast Taphole (3.5L x 3.5'C x 4' H)
0055 000506 52.000 EACH $3,923.00000 $203,996.00
Unassigned Special Item -EACH - Install Precast Transformer Enclosure
( 48"x72")
0060 000506 4.000 EACH $35,305.00000 $141,220.00
Unassigned Special Item -EACH - Install Precast Transformer MH Sidewalk Type
(6'x 14' all depths)
0065 000506 2.000 EACH $6,333.00000 $12,666.00
Unassigned Special Item -EACH - Penetrate existing PEPCO Manhole for Ductbank
Entrance
0070 000509 60.000 LF $238.50000 $14,310.00
Unassigned Special Item -LF - Install 10 Way Conduit - 4" PVC (all depths)
0075 000509 47.000 LF $402.00000 $18,894.00
Unassigned Special Item -LF - Install 10 Way Conduit - 5" FB & 2 Way Conduit -
4" PVC (all depth)
0080 000509 115.000 LF $402.00000 $46,230.00
Unassigned Special Item -LF - Install 10 Way Conduit - 5" FB & 4 Way Conduit -
4" PVC (all depth)
0085 000509 174.000 LF $242.50000 $42,195.00
Unassigned Special Item -LF - Install 10 Way Conduit - 5"FB (all depths)
0090 000509 118.000 LF $597.00000 $70,446.00
Unassigned Special Item -LF - Install 16 Way Conduit - 5" FB & 4 Way Conduit -
4" PVC (all depths)
0095 000509 5933.000 LF $136.00000 $806,888.00
Unassigned Special Item -LF - Install 2 Way Conduit - 4" PVC (all depths)
0100 000509 112.000 LF $153.00000 $17,136.00
Unassigned Special Item -LF - Install 2 Way Conduit - 5" FB & 4 Way Conduit -
Page 4 of 55
District Department of Transportation
4"PVC ( all depths)
0105 000509 19.000 LF $180.50000 $3,429.50
Unassigned Special Item -LF - Install 2 Way Conduit - 5" FB & 6 Way Conduit -
4"PVC ( all depths)
0110 000509 741.000 LF $136.00000 $100,776.00
Unassigned Special Item -LF - Install 2 Way Conduit - 5" Fiberglass (all
depths)
0115 000509 55.000 LF $164.00000 $9,020.00
Unassigned Special Item -LF - Install 2 Way Conduit 4" PVC & 6 Way Conduit 4"
PVC (all depths)
0120 000509 75.000 LF $145.50000 $10,912.50
Unassigned Special Item -LF - Install 2 Way Conduit 5" FB & 2 Way Conduit 4"
PVC (all depths)
0125 000509 6504.000 LF $140.50000 $913,812.00
Unassigned Special Item -LF - Install 4 Way Conduit - 4" PVC (all depths)
0130 000509 354.000 LF $151.50000 $53,631.00
Unassigned Special Item -LF - Install 4 Way Conduit - 5" FB & 2 Way Conduit -
4" PVC (all depth)
0135 000509 87.000 LF $167.00000 $14,529.00
Unassigned Special Item -LF - Install 4 Way Conduit - 5" FB & 4 Way Conduit -
4" PVC (all depth)
0140 000509 37.000 LF $232.50000 $8,602.50
Unassigned Special Item -LF - Install 4 Way Conduit - 5" FB & 6 Way Conduit -
4"PVC ( all depths)
0145 000509 55.000 LF $238.00000 $13,090.00
Unassigned Special Item -LF - Install 4 Way Conduit - 5" FB & 8 Way Conduit -
4" PVC (all depth)
0150 000509 1454.000 LF $145.50000 $211,557.00
Unassigned Special Item -LF - Install 4 Way Conduit - 5" Fiberglass (all
depths)
0155 000509 1557.000 LF $148.50000 $231,214.50
Unassigned Special Item -LF - Install 6 Way Conduit - 4" PVC (all depths)
0160 000509 100.000 LF $151.50000 $15,150.00
Unassigned Special Item -LF - Install 6 Way Conduit - 5" Fiberglass (all
depths)
0165 000509 802.000 LF $164.00000 $131,528.00
Unassigned Special Item -LF - Install 8 Way Conduit - 4" PVC (all depths)
0170 000509 41.000 LF $600.50000 $24,620.50
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 14 Way Conduit -
4" PVC (all depths)
0175 000509 1182.000 LF $219.00000 $258,858.00
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 2 Way Conduit -
4" PVC (all depths)
0180 000509 852.000 LF $237.50000 $202,350.00
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 4 Way Conduit -
4" PVC (all depths)
0185 000509 239.000 LF $396.00000 $94,644.00
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 6 Way Conduit -
4" PVC (all depths)
0190 000509 125.000 LF $566.00000 $70,750.00
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 8 Way Conduit -
4" PVC (all depths)
0195 000509 48.000 LF $510.00000 $24,480.00
Page 5 of 55

District Department of Transportation
Unassigned Special Item -LF - Install 8 Way Conduit - 5" FB & 10 Way Conduit -
4" PVC (all depths)
0200 000509 5099.000 LF $160.00000 $815,840.00
Unassigned Special Item -LF - Install 8 Way Conduit - 5" Fiberglass (all
depths)
0205 000511 1.000 LS $329,845.00000 $329,845.00
Unassigned Special Item -LS - Maintenance of Traffic
0210 000516 20.000 TON $603.50000 $12,070.00
Unassigned Special Item -TON - Speed Hump
0215 106002 1.000 LS $2,500.00000 $2,500.00
Quality Assurance/Quality Control Inspection for DC Water Relocation Work
0220 108002 1.000 LS $565,442.00000 $565,442.00
Mobilization
0225 108004 1.000 LS $18,106.00000 $18,106.00
Progress Photographs
0230 108006 1.000 LS $35,128.00000 $35,128.00
Record Drawings and As-Built Drawings
0235 108012 1.000 LS $181,946.00000 $181,946.00
Engineer's Field Facilities
0240 108016 1.000 LS $179,125.00000 $179,125.00
Field Layout
0245 200005 400.000 CY $60.00000 $24,000.00
Earthwork and Excavation Special Item - CY - Rock Excavation for PEPCO Facility
Construction
0250 201002 1.000 LS $9,829.00000 $9,829.00
Clear and Grub
0255 202002 300.000 CY $71.00000 $21,300.00
Common Excavation
0260 202004 3856.000 CY $59.00000 $227,504.00
Hard Surface Pavement Excavation
0265 204006 3.000 CY $523.00000 $1,569.00
Flowable Fill CLSM Backfill - For DC Water Work
0270 207008 1928.000 CY $65.50000 $126,284.00
Borrow Trench Backfill
0275 209002 1928.000 CY $100.50000 $193,764.00
Aggregate Base Course
0280 212991 20.000 EACH $833.00000 $16,660.00
Test Pit Special Item - EACH -
0285 300005 1.000 DAYS $2,363.00000 $2,363.00
Water and Sewer Service Special Item -DAYS- Utility Support for Excavation, For
DC Water Work
0290 300009 77.000 LF $125.50000 $9,663.50
Water and Sewer Service Special Item -LF - Remove Existing Water Line - For DC
Water Work
0295 302002 1.000 EACH $7,066.00000 $7,066.00
Valve Casing 6" DIP M.J. Sleeve, For DC Water Work
0300 305004 5.000 LF $728.00000 $3,640.00
Ductile Iron Pipe, 6 Inch
0305 305006 63.000 LF $453.50000 $28,570.50
Ductile Iron Pipe, 8 Inch
Page 6 of 55
District Department of Transportation
0310 306991 1.000 EACH $7,099.00000 $7,099.00
Gate Butterfly Valve Special Item - EACH - Gate Valve 8-inch, For DC Water Work
0315 308991 2.000 EACH $1,014.00000 $2,028.00
Water Service Connections Special Item -EA - Connection to 8" Existing Water
Main
0320 308991 2.000 EACH $4,391.00000 $8,782.00
Water Service Connections Special Item -EA - Water Service Line - For DC Water
Work
0325 324002 1.000 EACH $3,937.00000 $3,937.00
PCC In-Line Thrust Block At 45 Degree Bend, For DC Water Wrok
0330 402002 245.000 TON $172.00000 $42,140.00
HMA Base Course, 19 mm
0335 402010 2448.000 TON $140.50000 $343,944.00
HMA Surface Course, 12.5 mm
0340 403002 22507.000 SY $1.50000 $33,760.50
Tack Coat
0345 405016 1092.000 TON $69.50000 $75,894.00
Temporary AC, HMA Surface Course, 12.5 mm
0350 410002 22507.000 SY $8.50000 $191,309.50
Pavement Profiling (Milling)
0355 501010 1396.000 CY $572.50000 $799,210.00
Reinforced PCC Pavement, 12 Inch
0360 502004 3510.000 CY $547.50000 $1,921,725.00
PCC Base for Utility Cuts
0365 504006 42.000 CY $780.50000 $32,781.00
PCC Driveway-Alley Entrance, 7 Inch
0370 507012 3.000 CY $3,000.00000 $9,000.00
Special PCC Coping
0375 600027 11.000 SY $300.00000 $3,300.00
Incidental Construction Special Item - SY - Stone/Granite Paver - On Mortar Bed
0380 604991 300.000 LF $79.00000 $23,700.00
Miscellaneous Fencing Special Item - LF - Remove and Replace chain link fence
0385 605006 1948.000 SY $34.00000 $66,232.00
PCC Sidewalk, 4 Inch
0390 605018 1855.000 SY $36.50000 $67,707.50
Repair-Replace PCC Sidewalk, 4 Inch
0395 606002 5160.000 LF $41.00000 $211,560.00
PCC Curb
0400 606004 4024.000 LF $51.00000 $205,224.00
PCC Curb and/or Gutter
0405 606064 520.000 LF $89.00000 $46,280.00
Furnish and Set 8"x12" Granite Straight Curb
0410 606100 31.000 EACH $2,558.00000 $79,298.00
PCC Wheelchair/Bicycle Ramp - Existing Construction
0415 607004 1950.000 SY $25.50000 $49,725.00
Seed with 4 Inch Topsoil
0420 608072 461.000 EACH $175.00000 $80,675.00
Tree Protection and Replacement
0425 608114 34.000 HR $219.00000 $7,446.00
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District Department of Transportation
Tree Trimming
0430 612008 30510.000 SF $3.00000 $91,530.00
Remove Lane Markings
0435 612054 4000.000 LF $3.00000 $12,000.00
Thermoplastic Pavement Marking, 4 Inch
0440 612056 85.000 LF $3.50000 $297.50
Thermoplastic Pavement Marking, 4 Inch Dash
0445 612058 6540.000 LF $6.00000 $39,240.00
Thermoplastic Pavement Marking, 6 Inch
0450 612064 1100.000 LF $9.50000 $10,450.00
Thermoplastic Pavement Marking, 12 Inch
0455 612066 9500.000 LF $16.50000 $156,750.00
Thermoplastic Pavement Marking, 24 Inch
0460 612070 2.000 EACH $645.00000 $1,290.00
Thermoplastic Pavement Arrow
0465 612076 8.000 EACH $698.00000 $5,584.00
Thermoplastic Pavement Bicycle Marking, 8 Foot
0470 614056 35.000 EACH $365.50000 $12,792.50
Root Pruning
0475 616014 240.000 LF $50.00000 $12,000.00
Metal Sign Posts, 2.00 Pounds per Foot
0480 616022 76.000 SF $55.50000 $4,218.00
Traffic Sign Panels
0485 616036 77.000 SF $45.50000 $3,503.50
Remove Existing Ground Mounted Sign
Section 0001 Total $13,264,571.50
Item Total $13,264,571.50
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Page 9 of 55 DCKA-2025-C-0023
DC Power Line Underground (Feeder 14093)
B.6 SCOPE OF PAYMENT
In accordance with Standard Specifications Section 109.02:
A. The Contractor shall receive and accept compensation in accordance with the Price
Schedule/Bid Form as full payment for furnishing all materials and for performing all of the
Work in a complete and satisfactory manner including all labor, Plant, as defined herein, and
incidentals needed, and for all risk, loss, damage or expense of whatever nature arising from
the Work and its prosecution, subject to the terms of the Contract.
B. If work under one Contract Line Item (“CLIN”) includes compensation for any work or
material accessory to that CLIN, the amount of such work or material will not be measured,
nor will payment be made under, any other CLIN.
C. Where two or more Contract Line-Item areas overlap either by discrepancy in definition or
by the intricate nature of the work, payment will be made at the lowest Contract unit price
of overlapping Contract Line Items involved.
D. The phrases “Work includes” and “as part of the Work” are sometimes used to clarify that
referenced requirements shall be included as part of the Contract Line Item involved; no
separate or additional payment will be made.
E. The phrase “at Contractor expense” means the Contractor shall meet requirements as its
sole expense with neither liability nor expense to the District.
B.7. NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.
B.7.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect
costs incurred in provision of goods or performance of services under this contract
pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate
Agreement (NICRA). If a nonprofit organization does not have an unexpired NICRA, the
nonprofit organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with B.8.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
B.7.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor
regulations.
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DC Power Line Underground (Feeder 14093)
B.7.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as
a prime contractor.
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SECTION C: DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK
C.1 STATEMENT OF WORK
Pursuant to the Contract award under this IFB, the Contractor shall provide all labor, materials,
and equipment for the construction of the Project in accordance with the Contract Documents
(“the Work”). Work under this Contract consists of the civil construction for PEPCO feeder
14093 of the DC Power Line Undergrounding (DC PLUG) Program, located in Ward 5 and bound
by 12th St NE, Kearny St NE, 13th St NE, Rhoad Island Ave NE, Evarts St NE, 17th St NE,
Channing St NE, Douglas St NE, 18th St NE, Queens Chaple Rd NE, 20th St NE, Franklin St NE,
22nd St NE, 24th St NE, 26th St NE, 27th St NE, and Vistas St as shown on the contract plans,
indicated in the specifications / Special Provisions (J.8), as directed by the Contract
Administrator.
The specifications in this document and related Contract Drawings cover the work which
includes, but is not limited to the following:
a) The removal and disposal of existing roadway pavement, curb, gutter, and
sidewalks to the extents shown on plans or as necessary for access to trench
excavation.
b) The installation of PEPCO supplied materials such as PVC and fiberglass conduits,
precast manholes, precast tapholes, precast transformer enclosures, and other
related items and components.
c) The furnishing and installation of pea gravel concrete for ductbank encasement.
d) The furnishing and installation of thermal fill for ductbank encasement at
transmission feeder crossings.
e) The furnishing and installation of concrete and reinforcing steel for cast -in-place
manhole construction.
f) Excavation and backfilling of all utility cuts.
g) Temporary restoration of all utility cuts.
h) Permanent restoration of all utility cuts.
i) Restoration of all pavement markings disturbed by the utility cut and pavement
restoration work. Upgrade crosswalks to the high visibility type at all intersections
within the project limits.
j) Pavement profiling (milling) and overlay (approximately 2 inches) of utility cuts
and per plan in accordance with DDOT standards.
k) Installation of topsoil, seed, and mulch on all disturbed earth and grass areas.
l) Installation of replacement curb (in-kind), curb and gutter (in-kind), and sidewalk
(in-kind) sections.
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m) The installation and use of erosion and sediment control measures meeting
DDOT/DOEE standards and per plan.
n) Dust control during pavement saw cutting and excavation operations.
o) Mobilization and demobilization, completion of field layout, provision and
maintenance of engineer's field facilities, progress photographs, and rodent
control.
p) Maintain vehicular, bicycle and pedestrian traffic per DDOT Standard
Specifications Section 612 and Attachment J.14 or as directed by the Contract
Administrator.
q) Maintain access to residential, institutional and commercial establishments using
appropriate means as approved by the Contract Administrator.
r) Maintain service of all existing utilities during construction.
s) Work includes the disposal of all unsalvageable materials and all labor, materials,
tools, equipment and incidentals necessary to obtain a complete and finished
product.
t) The Contractor shall be fully responsible for protection against damages for the
duration of the Contract of all the utility structures within the Contract limits and
adjacent thereto. The utilities include but are not limited to public and/or private
water, sewer, electricity, gas and communications lines. No separate
measurement or payment will be made. Cost of this protective work shall be
reflected and distributed among the Contract pay items.
u) Work also includes all incidentals needed to complete the project as shown on the
Contract Drawings and within the Special Provisions
C.2 APPLICABLE DOCUMENTS INCORPORATED BY REFERENCE
The following documents are applicable to this procurement and are hereby incorporated by this
reference:
Title Link
DDOT Standard Specifications for Highways and
Structures
https://wiki.ddot.dc.gov/pages/relea
seview.action?pageId=204112538#
StandardsandManuals(New)-
StandardsandSpecificationsforHigh
waysandStructures
DDOT Standard Drawings https://wiki.ddot.dc.gov/pages/relea
seview.action?pageId=204112538#
StandardsandManuals(New)-
StandardsandSpecificationsforHigh
waysandStructures
Page 13 of 55DCKA-2025-C-0023
DC Power Line Underground (Feeder 14093)
Equal Employment Opportunity Employer
Information Report and Mayor’s Order 85-85
OHR's EEO Packet_7.21.2023.pdf
(dc.gov)
Way to Work Amendment Act of 2024 – Living
Wage Notice
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2024%20Living%20Wage%20No
tice.pdf
Way to Work Amendment Act of 2024 – Living
Wage Fact Sheet
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2024%20Living%20Wage%20Fa
ct%20Sheet%20.pdf
Subcontracting Plan Form District Agency Compliance | dslbd
(dc.gov)
DOES First Source Employment Program https://does.dc.gov/page/first-
source-employment-program-
C.3 DEFINITIONS
The definitions at Section 101.03 of the Standard Specifications apply to this Contract except to
the extent specifically stated herein.
For the convenience of the bidders, the following definitions from Section 101.03 are specified
below. To the extent that the definitions below modify and supplement Section 101.03 , such
modified and supplemented definition s supersede the corresponding definition s at Section
101.03.
Contract – The entire, integrated agreement between the District and the Contractor for the
Project. The Contract is made of the Contract Documents, and supersedes prior negotiations,
representations or agreements.
Contract Documents – The Contract documents consist of the Solicitation sections A -K (the
“Contract Form”), addenda issued prior to execution of the Contract, the Price Schedule/Bid
Form, performance and payment bonds, specifications, contract drawings , and other
documents listed in this contract form, and modifications issued after execution of the
Contract.
Final Acceptance – The occurrence of all the events and satisfaction of all the conditions with
respect to the Work for completion of all aspects of the Contract as set forth in Standard
Specifications Section 108.09.
Plant – All physical resources, facilities, machinery, equipment, staging, forms, tools, work
and storage space other than provided by the Contract, together with subsidiary essentials
and necessary maintenance for proper construction and acceptable completion of the
Project.
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Project – The title of the Contract, and also the entire Work to be completed under the
Contract.
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.
In addition, these terms are defined as follows:
C.4 DELIVERABLES
In addition to any deliverables required elsewhere in the Contract Documents, as defined herein,
the Contractor shall submit the following deliverables in accordance with the Contract.
Item Description Schedule Contract Reference
1. Subcontractor Payment Form Monthly G.3
2. Subcontractor Approval Request Form As Needed I.5
3. Schedule Update Monthly G.1.B
4.. Certified Payrolls and Statement of Compliance Weekly H.2
C.5 CONTRACTOR’S RESPONSIBILITY FOR WORK
A. Until Final Acceptance of the Project by the District, 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 bare 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 subcontractor.
B. 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 established plantings, seeding, and sodding
furnished under t he Contract, and shall take necessary precautions to protect new tree
growth and other important vegetative growth against injury.
C.6 BRAND NAME OR EQUAL
A. If items called for by the Solicitation have been identified by a brand name description, such
identification is intended to be descriptive, but not restrictive, and is to indicate the quality
and characteristics of produ cts that will be satisfactory. The District will consider alternate
products to be equal if the Contract Administrator determines them to be equal in all material
respects to the brand name products referenced in the Solicitation.
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B. The Contractor must provide all descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the District to (i) determine whether the product offered
meets the requirements of the Contract. In making the determination as to equality of a
product the District will consider information furnished by the Contractor. The District may,
but is not obligated to, also consider information reasonably available to the District.
C.7 SUPPLEMENTARY SPECIFICATIONS (also referred to as “Special Provisions”)
Supplementary Specifications (also referred to as “Special Provisions”) are attached to the
Contract at Section J.8.
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SECTION D: PACKAGING AND MARKING
Not Applicable.
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SECTION E: INSPECTION AND ACCEPTANCE
E.1 INSPECTION
The inspection and acceptance requirements for this Contract shall be governed by Standard
Specification Section 103.01, Article 12, “Inspection and Acceptance,” and Section 105.13,
“Inspection-Acceptance.”
A. The Contractor shall allow the District, and any entity defined in subparagraph D below, to
test and inspect materials and workmanship. at reasonable times and at the Site of the Work,
unless the Contract Administrator notifies the Contractor that inspection or testing of a
material to be incorporated in the Work will be made at the place of production, manufacture,
or shipment (“off-site”) of such material.
1. To the extent specified in the Contract Administrator’s notification to the Contractor of
off-site inspection or testing, such inspection or test shall be conclusive as to whether the
material involved conforms to Contract requirements.
2. Such off -site inspection or test shall not relieve the Contractor of responsibility for
damage to, or loss of, the material prior to incorporation into the Work, nor in any way
affect the rights of the District under the terms of this Article, except as herein above
provided.
B. The District will endeavor to perform such inspections and testing in such manner as not
unnecessarily to delay the Work. Special, full size, and performance tests shall be performed
as described in the Contract.
C. The Contractor shall furnish promptly, without additional cost to the District, all facilities,
labor, equipment, and material, including access and traffic control devices, needed for
performing safe and convenient inspection and testing in accordance with subparagraph A
and D of this clause. If off-site material and workmanship are not ready for inspection at the
time specified by the District, the Contractor shall be responsible for any additional cost of
tests and inspection.
D. When a unit of government other than the District, a utility company, or a railroad has an
interest in or is affected by the Contract, its respective representatives shall have the right to
inspect such portion of the Work. Such inspection shall not make any government unit, utility
company, or railroad a party to the Contract nor interfere with the rights of the District or the
Contractor.
E. The Contractor shall, at its own expense, replace any material and correct any workmanship
determined by the District not to conform to the Contract requirements, as directed by the
District. If, however, the District determines that acceptance of such work is in the public
interest, the District may accept such material or workmanship and make an appropriate
downward adjustment in the Contract price. The Contractor shall promptly segregate an d
remove rejected material from the premises at Contractor’s e xpense. Costs associated with
inspection services will not be permitted in claims nor as a basis of claims except as specifically
provided herein.
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F. Failure of the District to inspect or reject workmanship or material shall not in any way imply
acceptance, nor prevent the District from later rejecting the work. Inspection and acceptance
by the District in no way relieves the Contractor of its responsibility to meet the requirements
of the Contract Documents.
G. If the Contractor does not promptly replace rejected material or correct rejected
workmanship, the District:
1. May, by Contract or otherwise, replace such material and correct such workmanship and
charge the cost thereof to the Contractor, or
2. May terminate the Contractor’s Right to Proceed in accordance with Standard
Specifications Section 103.01 Article 5, “Termination-Delays.”
H. Should the Contract Administrator determine that it is necessary to make an examination of
any part or all of the Work by removing or tearing out same, the Contractor shall, upon
request, promptly furnish all necessary facilities, labor and material to do same. If such work
is found to be defective or nonconforming, in any material respect, due to the fault of the
Contractor or its Subcontractors, the Contractor shall be responsible for the expenses of such
removal and tearing out of the work, examinatio n, and of satisfactory reconstruction of the
work. If, however, such work is found to meet the requirements of the Contract, the District
will make an equitable adjustment in the Contract Price to compensate the Contractor for the
additional services invol ved in such removal or tearing out of such work, examination and
reconstruction. If completion of the Work has been delayed thereby, the District will, in
addition, make an equitable extension of time.
E.2 ACCEPTANCE
This clause supersedes Standard Specifications Section 105.13, “Inspection – Acceptance.”
A. PARTIAL ACCEPTANCE - When the Contractor completes a suitable unit or portion of the
Project, the Contract Administrator may make, or the Contractor may request, final
inspection of that unit. If the Contract Administrator determines that such unit or portion is
complete and meets Contract requirements, he or she may accept in writing that unit or
portion as complete, which written acceptance shall include a description of specific work
accepted, and the Contractor may be r elieved of further responsibility for the accepted unit
or portion subject to the requirements of the Contract. Such partial acceptance shall not void
or alter any Contract provision.
B. FINAL INSPECTION AND ACCEPTANCE
1. Within thirty (30) consecutive Calendar Days after receipt of written notice from the
Contractor that Contract work is complete, and the Project area cleaned up, the Contract
Administrator will make a final inspection of the Project. The Contractor shall promptly
correct all deficiencies identified by the Contract Administrator. Once the Contractor has
satisfactorily completed all of the requirements at Section 108.09, “Substantial
Completion and Acceptance,” the Contract Administrator will certify in wr iting Final
Acceptance of the Project.
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2. Unless otherwise provided in the Contract, Final Acceptance by the District will be made
as promptly as practicable after inspection of the Work and shall be final and conclusive
except with regard to latent defects, fraud, or such gross mistakes as may amount to
fraud, or with regard to the District’s rights under any warranty or guaranty.
3. The Project will not be accepted until the Contractor has met all Contract requirements.
The Contractor remains responsible for the correction of any deficient or non -compliant
aspects of the Work until Final Acceptance, even if discovered after Final Acceptance.
C. The warranty of workmanship for the Work shall commence at Substantial Completion and
continue for a period of 2 years. If the Department declares partial Substantial Completion on
any portion of the Work in advance of Substantial Completion for the enti re Project, the
warranty period for such portion shall commence on the date of partial Substantial
Completion and continue for a period of 2 years.
D. The Department, at any time during the warranty period, may conduct an inspection of the
Work in order to determine conformance to the Contract. If the Department reasonably
determines that defective work of any nature is present and is the responsibilit y of the
Contractor, the Contractor shall immediately make corrective action to bring the defective
Work into compliance with the Contract, or to the satisfaction of the Department, and at no
expense of the Department.
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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 PERIOD OF PERFORMANCE
For the purposes of the Contract “Period of Performance” means “Contract Time” as defined in
Standard Specification Section 108.08, Determination of Contract Time and Partial Performance.
In accordance with Section 108.09, “Substantial Completion and Final Acceptance,” the following
periods of performance apply to this Contract:
A. Substantial Completion Date. Unless the Contract specifies a different time, Substantial
Completion is 30 Calendar Days before Final Acceptance.
B Final Acceptance Date. The Final Acceptance Date is 570 consecutive calendar days from the
date of Notice to Proceed.
F.2 DELIVERABLES
A. The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator.
B. In addition to all deliverables required by the Contract, t he Contractor shall submit to the
District, as a deliverable, all reports required by First Source Employment Agreement (see
H.5.E). If the Contractor does not submit the report as part of the deliverables, the District
shall not make final payment to the Contractor pursuant to section G.3.B.
F.3 FAILURE TO COMPLETE ON TIME
Standard Specifications Section 108.09(C), “Liquidated Damages,” applies to the Contract.
F.4 ROAD USERS - Not applicable.
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SECTION G:
G.1 INVOICE PAYMENT
This clause supplements and modifies Standard Specifications Section 103.01 Article 9,
“Payments to Contractor,” and Section 109.05, “Progress Payments,” as follows:
A. Monthly Invoices (also be referred to as “applications for payment”). On a monthly basis, the
Contractor shall submit a proper invoice, in accordance with paragraph G.2(B) below, for
completed work. The Contractor shall submit evidence of timely payments to all
subcontractors, in accordance with paragraph G.2, below.
The District will make progress payments to the Contractor for work satisfactorily performed,
less any retainage, discounts, allowances or adjustments provided for in this Contract, on or
before the 30 th day after approval of an invoice for payment. Progress payments do not
constitute final acceptance of the work for which payments are made.
B. In the event that the Contractor fails to submit to the CO, at the time of its invoice submittal,
evidence of timely payment to subcontractors for work under the previous invoice and a
performance schedule update, the District will withhold progress payments.
C. Retainage.
The District may retain up to 5% of each progress payment. If, however, the Contractor has
been notified in writing of its failure to meet Contract requirements, the District may withhold
retainage up to 10% of each subsequent progress payment.
G.2 INVOICE SUBMITTAL
A. The Contractor shall create and submit payment requests in an electronic format through the
DC Vendor Portal, https://vendorportal.dc.gov.
B. Unless otherwise specified in the Contract, the Contractor shall submit proper invoices on a
monthly basis.
C. To constitute a proper invoice, the Contractor shall enter all required information into the
Portal after selecting the applicable purchase order number, which is listed on the
Contractor’s profile.
D. At the time of each invoice, the Contractor shall submit to the CA all deliverables required
under the Contract.
G.3 THE QUICK PAYMENT ACT (Feb 2019)
This clause supplements and modifies Standard Specifications Section 109.06, “Payment to
Subcontractors and Suppliers Certificate,” as follows:
A. Interest Penalties to Contractors
1. The District will pay interest penalties on amounts due to the Contractor under the Quick
Special Contract Requirements
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Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the
amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest
penalty shall be paid if payment for the completed delivery of the item of property or service
is made on or before the required payment date. The required payment date shall be:
a. The date on which payment is due under the terms of this contract;
b. Not later than 7 calendar days, excluding legal holidays, after the date of delivery of
meat or meat food products;
c. Not later than 10 calendar days, excluding legal holidays, after the date of delivery
of a perishable agricultural commodity; or
d. 30 calendar days, excluding legal holidays, after receipt of a proper invoice for the
amount of the payment due.
2. No interest penalty shall be due to the Contractor if payment for the completed delivery
of goods or services is made on or before:
a. 3rd day after the required payment date for meat or a meat product;
b. 5th day after the required payment date for an agricultural commodity; or
c. 15th day after any other required payment date.
3. Any amount of an interest penalty which remains unpaid at the end of any 30-day period
shall be added to the principal amount of the debt and thereafter interest penalties shall
accrue on the added amount.
B. Payments to Subcontractors
1. The Contractor shall take one of the following actions within seven (7) days of receipt of
any amount paid to the Contractor by the District for work performed by any
subcontractor under the contract:
a. Pay the subcontractor(s) for the proportionate share of the total payment received
from the District that is attributable to the subcontractor(s) for work performed under
the Contract; or
b. Notify the CO and the subcontractor (s), in writing, of the Contractor’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the
nonpayment.
2. The Contractor shall pay subcontractors or suppliers interest penalties on amounts due
to the subcontractor or supplier beginning on the day after the payment is due and
ending on the date on which the payment is made. Interest shall be calculated at the rate
of at least 1% per month. No interest penalty shall be paid on the following if payment
for the completed delivery of the item of property or service is made on or before the:
a. 3rd day after the required payment date for meat or a meat product;
b. 5th day after the required payment date for an agricultural commodity; or
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c. 15th day after any other required payment date.
3. Any amount of an interest penalty which remains unpaid by the Contractor at the end
of any 30-day period shall be added to the principal amount of the debt to the
subcontractor and thereafter interest penalties shall accrue on the added amount.
4. A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under the
Quick Payment Act does not constitute a dispute to which the District is a party. The District
may not be interpleaded in any judicial or administrative proceeding involving such a
dispute.
C. Subcontract requirements
1. The Contractor shall include in each subcontract under this contract a provision requiring
the subcontractor to include in its contract with any lower-tier subcontractor or supplier
the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official
Code § 2-221.02(d).
2. The Contractor shall include in each subcontract under this contract a provision that obligates
the Contractor, at the election of the subcontractor, to participate in negotiation or
mediation as an alternative to administrative or judicial resolution of a dispute between
them.
G.4 ASSIGNMENT OF CONTRACT PAYMENTS
A. In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or
other financing institution funds due or to become due as a result of the performance of this
contract.
B. Any assignment shall cover all unpaid amounts payable under this contract, and shall not be
made to more than one party.
C. Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original copy
of the invoice must refer to the assignment and must show that payment of the invoice is to
be made directly to the assignee as follows: “Pursuant to the instrument of assignment dated
___________, make payment of this invoice to (name and address of assignee).”
G.5 FINAL PAYMENT
This clause supersedes Standard Specification Section 109.08, “Acceptance and Final Payment.”
A. Acceptance means “Final Acceptance,” as defined in Standard Specification Section
108.08(B). When the Project has been accepted in accordance Standard Specification Section
101.08(B), the Contractor shall prepare, and submit to the CA, the final estimate for the Work
performed for approval by the District . If the District approves the final estimate without
exception to the quantities, the Contractor may file an invoice for final payment. The amount
of the final payment will be the entire sum found to b e due after deducting all previous
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payments and all amounts to be retained or deducted under the provisions of the Contract.
All prior partial estimates and progress payments shall be subject to correction in the final
estimate and payment.
B. In addition to its invoice for final payment, the Contractor must submit to the Contracting
Officer:
1. A release of all claims against the District arising from or relating to this Contract;
2. Proof of payment of all subcontractors; and
3. All required product warranties, as -built drawings, operating manuals, material
certifications, and other items as specified in the Contract.
The District shall not make final payment to the Contractor unless and until all required
documentation is received.
C. All release forms must bear an original signature of an individual authorized to sign on behalf
of the Contractor and must be affixed with the Contractor’s corporate seal o
D. Notwithstanding the provisions of B.1 above, the Contractor may reserve from the release
specific claims only if such claims have been submitted in accordance with the Disputes clause
of the Contract. In such event, the District will make final payment pending resolution of the
claim. Upon final adjudication
FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
This Section applies only to locally -funded contracts and task orders unless explicitly noted
otherwise.
A. For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by
the report or a waiver of compliance.
B. The District may impose monetary fines for willful breach of the employment agreement or
failure to submit the compliance report.
C. 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 Resident New Hires Requirements and First Source Employmen t Agreement
requirements.
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:
Carol Hessler
Office of Contracting and Procurement
250 M Street, SE, 7th Floor.
Telephone: 202 812-9245
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E-mail: carol.hessler@dc.gov
G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER (“CO”)
A. The CO is the only person authorized to approve changes in any of the requirements of the
Contract.
B. The Contractor shall not comply with any order, directive or request that changes or modifies
the requirements of the Contract, unless issued in writing and signed by the CO.
C. In the event the Contractor effects any change at the instruction or request of any person
other than the CO, the change will be considered to have been made without authority and
no adjustment will be made in the Contract price to cover any cost increase incurred as a
result thereof.
D. The Contractor will be fully responsible for any changes not authorized in advance, in writing,
by the CO; may be denied compensation or other relief for any additional work performed that
is not so authorized; and may also be required, at no additional co st to the District, to take all
corrective action necessitated by reason of the unauthorized changes.
G.9 CONTRACT ADMINSTRATOR (CA)
A. The address and telephone number of the Contract Administrator (CA) is: TBD
B. For the purposes of the Contract, “Contract Administrator” or “CA” are synonymous with
“Engineer.” The CA is responsible for general administration of the Contract and advising the
CO as to the Contractor’s compliance or noncompliance with the Contract. The CA has the
responsibility of ensuring the work conforms to the requirements of the Contract and such
other responsibilities and authorities as may be specified in the Contract. The CA will act as
the CO’s representative on technical matters, providing technical clarifications, as necessary,
with respect to the Specificatio ns or Statement of Work, and monitoring the progress and
quality of the Contractor’s performance. Other responsibilities include:
1. Keeping the CO fully informed of any technical or contractual difficulties encountered
during the performance period and advising the CO of any potential problem areas under
the Contract;
2. Coordinating site entry for Contractor personnel, if applicable;
3. Reviewing and approving invoices for completed work if the Contractor’s costs are
consistent with the negotiated amounts and progress is satisfactory and commensurate
with the rate of expenditure;
4. Reviewing and approving invoices for deliverables to ensure receipt of goods and services.
This includes the timely processing of invoices and vouchers in accordance with the
District’s payment provisions;
5. Inspecting and accepting/rejecting all deliverables under the Contract; and
6. Maintaining a file that includes all Contract correspondence, modifications, records of
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inspections (site, data, equipment, etc.) and invoice or vouchers.
C. The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make
contractual agreements, commitments or modifications;
2. Grant deviations from or waive any of the terms and conditions of the Contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
Contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance;
6. Substitute key personnel without CO approval; or
7. Authorize the use of District property, except as specified under the Contract.
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SECTION H: Contract Clauses
H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES
A. For all new employment resulting from this contract or subcontracts hereto, as defined in the
First Source Employment Agreement Act of 1984, as amended, D.C. Official Code §2 -219.01
et seq. (First Source Act), the Contractor shall use its best efforts to comply with the following
basic goal and objectives for utilization of bona fide residents of the District of Columbia in
each project’s labor force:
1. At least fifty-one (51) percent of apprentices and trainees employed shall be residents of
the District of Columbia registered in programs approved by the District of Columbia
Apprenticeship Council.
B. The Contractor shall negotiate an Employment Agreement with the Depa rtment of
Employment Services (DOES) for jobs created as a result of this contract. The DOES shall be
the Contractor’s first source of referral for qualified apprentices and trainees in the
implementation of employment goals contained in this clause.
H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS
A. Section 103.02(A) of the Standard Specifications is modified and supplemented as follows:
In accordance with applicable provisions of 29 CFR Part 1 which require that the correct wage
determination and the appropriate w age rates therein be incorporated in to this contract.
General Wage Decision No. DC20250001, Dated 0 1/10/2025 is bound herein and contains
the specific applicable wage rate(s) which is for: Heavy and Highway.
B. Further, as set forth in 29 CFR Part 1, Section 1.6(c)(3)(iv), if the intent to award letter is not
issued within ninety (90) days of bid opening, all intervening modifications, notice of which
are published on the US Department of Labor website, are made a part of this Contract.
The Contractor will be reimbursed this added labor cost.
C. Within 7 days after the regular payment date of the Contractor’s payroll period, the
Contractor shall submit all certified payrolls and the accompanying Statement of Compliance
electronically using LCPTracker, the DDOT electronic labor compliance software. DDOT will
provide information regarding registration for LCPTracker at the pre -construction
conference. More information regarding these requirements is in the Davis Bacon
Compliance Requirements, attached at J.4.
H.3 PREGNANT WORKERS FAIRNESS
The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016 , D.C.
Official Code § 32-1231.01 et seq.
A. The Contractor shall not:
1. Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical cond itions, or breastfeeding for an employee,
unless the Contractor can demonstrate that the accommodation would impose an undue
hardship;
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2. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment,
including failing to reinstate the employee when the need for reasonable
accommodations ceases to the employee's original job or to an equivalent position with
equivalent:
a. Pay;
b. Accumulated seniority and retirement;
c. Benefits; and
d. Other applicable service credits;
3. Deny employment opportunities to an employee, or a job applicant, if the denial is based
on the need of the employer to make reasonable accommodations to the known
limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;
4. Require an employee affected by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation that the employee chooses not to accept if
the employee does not have a known limitation related to pregnancy, childbirth, relate d
medical conditions, or breastfeeding or the accommodation is not necessary for the
employee to perform her duties;
5. Require an employee to take leave if a reasonable accommodation can be provided; or
6. Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.
B. The Contractor shall post and maintain in a conspicuous place a notice of rights in both English
and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or
breastfeeding pursuant to the PPWF Act to:
1. New employees at the commencement of employment;
2. Existing employees; and
3. An employee who notifies the employer of her pregnancy, or other condition covered
by the PPWF Act, within 10 days of the notification.
C. The Contractor shall provide an accurate written translation of the notice of rights to any
non-English or non-Spanish speaking employee.
D. Violations of the PPWF Act shall be subject to civil penalties as described in the Act.
H.4 UNEMPLOYED ANTI-DISCRIMINATION
A. The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C.
Official Code § 32-1361 et seq.
B. The Contractor shall not:
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1. Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
2. Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
a. Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
b. Any provision stating or indicating that an employment agency will not consider or
hire an individual for employment based on that individual's status as unemployed.
C. Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties as
described in the Act.
H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST SOURCE
EMPLOYMENT AGREEMENT
A. The Contractor shall comply with the First Source Employment Agreement Act of 1984, as
amended, D.C. Official Code § 2-219.01 et seq. (First Source Act).
B. The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) with the District of Columbia
Department of Employment Services (DOES), in which the Contractor shall agree that:
1. The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and
2. The first source for finding employees to fill any vacancy occurring in all jobs covered by
the Employment Agreement shall be the First Source Register.
C. The Contractor shall not begin performance of the contract until its Employment Agreement
has been accepted by DOES. Once approved, the Employment Agreement shall not be
amended except with the approval of DOES.
D. The Contractor agrees that at least 51% of the new employees hired to perform the contract
shall be District residents if the awarded contract has a value totaling between $300,000 and
$5,000,000. If the awarded contract has a value totaling $5 million or more, the Contractor
agrees that:
1. At least 20% of journey workers by trade shall be performed by District resident;
2. At least 60% of apprentice hours by trade shall be performed by District resident;
3. At least 51% of the skilled laborer hours by trade shall be performed by District
resident; and
4. At least 70% of common laborer hours shall be performed by District residents.
E. The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the contract.
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F. The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberat e
submission of falsified data.
G. If the Contractor does not receive a good faith waiver, the CO may also impose an additional
penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of the
contract for each percentage by which the Contractor fails to meet its hiring requirements.
H. Any contractor which violates, more than once within a 10 -year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more
than five (5) years.
I. The contractor may appeal any decision of the CO pursuant to this clause to the D.C. Contract
Appeals Board as provided in the Disputes clause in the Contract.
J. The provisions of the First Source Act do not apply to nonprofit organizations which employ
50 employees or less.
H.6 WAY TO WORK AMENDMENT ACT OF 2006
A. Except as described in section (h) of this clause, the Contractor shall comply with Title I of the
Way to Work Amendment Act of 2006, D.C. Law 16-118, D.C. Official Code §2-220.01 et seq.
("Living Wage Act of 2006"), for contracts in the amount of $100,000 or more in a 12-month
period.
B. The Contractor shall pay its employees and subcontractors who perform services under the
contract no less than the current living wage published on the OCP website at
www.ocp.dc.gov.
C. The Contractor shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor to pay its employees who perform services under the contract no less than the
current living wage rate.
D. The DOES may adjust the living wage annually and the OCP will publish the current living wage
rate on its website at www.ocp.dc.gov.
E. The Contractor shall provide a copy of the Fact Sheet attached to the contract to each
employee and subcontractor who performs services under the contract. The Contractor shall
also post the Notice attached to the contract in a conspicuous place in its place of business.
The Contractor shall include in any subcontract for $15,000 or more a provision requiring the
subcontractor to post the Notice in a conspicuous place in its place of business.
F. The Contractor shall maintain its payroll records under the contract in the regular course of
business for a period of at least three (3) years from the payroll date, and shall include this
requirement in its subcontracts for $15,000 or more under the contract.
G. The payment of wages required under the Living Wage Act of 2006 shall be consistent with
and subject to the provisions of D.C. Official Code §32-1301 et seq.
H. The requirements of the Living Wage Act of 2006 do not apply to:
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1. Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
2. Existing and future collective bargaining agreements, provided, that the future collective
bargaining agreement results in the employee being paid no less than the established
living wage;
3. Contracts for electricity , telephone, water , sewer or other services provided by a
regulated utility;
4. Contracts for services needed immediately to prevent or respond to a disaster or eminent
threat to public health or safety declared by the Mayor;
5. Contracts or other agreements that provide trainees with additional services including,
but not limited to, case management and job readiness services; provided that the
trainees do not replace employees subject to the Living Wage Act of 2006;
6. An employee under 22 years of age employed during a school vacation period, or enrolled
as a full-time student, as defined by the respective institution, who is in high school or at
an accredited institution of higher education and who works less than 25 hours per week;
provided that he or she does not replace employees subject to the Living Wage Act of
2006;
7. Tenants or retail establishments that occupy property constructed or improved by
receipt of government assistance from the District of Columbia; provided, that the tenant
or retail establishment did not receive direct government assistance from the District;
8. Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for taxation exemption pursuant to section 501(c)(3) of the Internal Revenue Code
of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
9. Medicaid provider agreements for direct care services to Medicaid recipients, provided,
that the direct care service is not provided through a home care agency, a community
residence facility, or a group home for mentally retarded persons as those terms are
defined in section 2 of the Health -Care and Community Residence Facility , Hospice, and
Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official
Code§ 44-501); and
10. Contracts or other agreements between managed care organizations and the Health Care
Safety Net Administration or the Medicaid Assistance Administration to provide health
services.
I. The Mayor may exempt a contractor from the requirements of the Living Wage Act of 2006,
subject to the approval of Council, in accordance with the provisions of Section 109 of the
Living Wage Act of 2006.
H.7 SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
During the performance of the Contract, the Contractor and its subcontractors shall comply
with Section 504 of the Rehabilitation Act of l973, as amended. This Act p rohibits
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discrimination against disabled people in federally funded programs and activities. See 29
U.S.C. § 794 et seq.
H.8 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
During the performance of this contract, the Contractor and its subcontractors shall comply
with the ADA. The ADA makes it unlawful to discriminate in employment against a qualified
individual with a disability. See 42 U.S.C. § 12101 et seq.
H.9 SUBCONTRACTING REQUIREMENTS
A. Mandatory Subcontracting Requirements
1. For all contracts in excess of $250,000, at le ast 35% of the dollar volume of the Contract
shall be subcontracted to qualified small business enterprises (SBEs).
2. If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9. A.1,
the Contractor may satisfy the requirement by subcontracting 35% of the dollar volume
to any qualified certified business enterprises (CBEs); provided, however, that all
reasonable efforts shall be made to ensure that SBEs are significant participants in the
overall subcontracting work.
3. A prime contractor that is certified by DSLBD as a small, local, or disadvantaged business
enterprise shall not be required to comply with the provisions of sections H.9. A.1 and
H.9.A.2.
4. Except as provided in H.9.A.5 and H.9.A.7, a prime contractor that is a CBE and has been
granted a bid preference pursuant to D.C. Official Code § 2-218.43, or is selected through
a set -aside program, shall perform at least 35% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall
be with CBEs. A CBE prime contractor that performs less than 35% of the contracting
effort shall be subject to enforcement actions under D.C. Official Code § 2-218.63.
5. If the prime contractor is a certified joint venture and has been granted a bid preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside program, the
CBE member of the certified joint venture shall perform at least 50% of the contracting
effort with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A certified joint venture prime contractor that
performs less than 50% of the contracting effort shall be subject to enforcement actions
under D.C. Official Code § 2-218.63.
6. Each CBE utilized to meet these subcontracting requirements shall perform at least 35%
of its contracting effort with its own organization and resources.
7. A prime contractor that is a CBE and has been granted a bid preference pursuant to D.C.
Official Code § 2-218.43, or is selected through a set-aside program, shall perform at least
50% of the on -site work with its own organization and resources if the contract is $1
million or less.
B. Subcontracting Plan
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If the prime c ontractor is required to subcontract under th e contract, it shall submit a
subcontracting plan as part of the bid, which may only be amended after award with the prior
written approval of the CO and the Director of DSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendment of the plan after award shall inure to the
benefit of the District.
Each subcontracting plan shall include the following:
1. The name and address of each subcontractor;
2. A current certification number of the small or certified business enterprise;
3. The scope of work to be performed by each subcontractor; and
4. The price that the prime contractor will pay each subcontractor.
C. Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully executed
copies of all subcontracts identified in the subcontracting plan to the CO, CA, District of Columbia
Auditor and the Director of DSLBD.
Auditor DSLBD
Office of the District of Columbia Auditor
717 14th Street, NW, Suite 900
Washington, DC 20005
Director - DSLBD
441 4th Street, NW, Suite 850 North
Washington, DC 20001
D. Subcontracting Plan Compliance Reporting
1. The Contractor shall submit a quarterly report to the CO, CA, District of Columbia Auditor
and the Director of DSLBD. The quarterly report shall include the following information
for each subcontract identified in the subcontracting plan:
a. The price that the prime contractor will pay each subcontractor under the
subcontract;
b. A description of the goods procured or the services subcontracted for;
c. The amount paid by the prime contractor under the subcontract; and
d. A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.
2. If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.
E. Annual Meetings
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Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually with
the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide an update on its
subcontracting plan.
F. Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia Auditor
upon commencement of the Contract and when the Contract is completed.
G. Enforcement and Penalties for Breach of Subcontracting Plan
1. A contractor shall be deemed to have breached a subcontracting plan required by law, if
the contractor (i) fails to submit subcontracting plan monitoring or compliance reports or
other required subcontracting information in a reasonably timely manner; (ii) submits a
monitoring or compliance report or other required subcontracting information containing
a materially false statement; or (iii) fails to meet its subcontracting requirements.
2. A contractor that is found to have breached its subcontracting plan for utilization of CBEs
in the performance of a contract shall be subject to the imposition of penalties, including
monetary fines in accordance with D.C. Official Code § 2-218.63.
3. If the CO determines the Contractor’s failure to be a material breach of the contract, the
CO shall have cause to terminate the contract under the default provisions in Clause 8 of
the Standard Contract Provisions for Supplies and Services, which is incorporated into the
Contract by reference.
H.10 FAIR CRIMINAL RECORD SCREENING
A. The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20 -152) (“Act” as used in
this section). This section applies to any employment, including employment on a temporary
or contractual basis, where the physical location of the employment is in whole or substantial
part within the District of Columbia.
B. Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment by
the Contractor, to reveal or disclose an arrest or criminal accusation that is not then pending
or did not result in a criminal conviction.
C. After making a conditional offer of employment, the Contractor may require an applicant to
disclose or reveal a criminal conviction.
D. The Contractor may only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.
E. This section and the provisions of the Act shall not apply:
1. Where a federal or District law or regulation requires the consideration of an applicant’s
criminal history for the purposes of employment;
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2. To a position designated by the employer as part of a federal or District government
program or obligation that is designed to encourage the employment of those with
criminal histories;
3. To any facility or employer that provides programs, services, or direct care to, children,
youth, or vulnerable adults; or
4. To employers that employ less than 11 employees.
F. A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.
H.11 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85 -
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any
bidder who has not satisfied the equal employment requirements.
H.12 RESERVED
H.13 PRE-AWARD APPROVAL
The award and enforceability of this contract is contingent upon approval of the Council of the
District of Columbia. In accordance with D.C. Official Code §2 -352.02 and §1 -204.51(c), the
Council of the District of Columbia must approve an award of any contract for over $1,000,000.00
or that has a term extending beyond 12 months. No contract in excess of $l,000,000.00 or that
is for a term extending beyond 12 months shall be binding or give rise to any claim or demand
against the District until approved by the Council of the District of Columbia and signed by the
CO.
H.14 BUY AMERICAN ACT REQUIREMENT
This clause supersedes Standard Specifications Section 103.01, Article 24, “Buy American”
A. BUY AMERICAN ACT (BAA) – In accordance with the Buy American Act (41 U.S.C.
Chapter 83), as amended, the offeror/bidder and/or awarded Contractor agree(s) to
comply with the applicable requirements of this Act, including but not limited to the
following:

1. American Materials Required for Public Use
a. Allowable materials.—Only unmanufactured articles, materials, and supplies that have
been mined or produced in the United States, and only manufactured articles, materials,
and supplies that have been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or manufactured in the United States,
shall be acquired for public use unless the head of the Federal agency concerned
determines their acquisition to be inconsistent with the public interest, their cost to be
unreasonable, or that the articles, materials, or supplies of the class or kind to be used,
or the articles, materials, or supplies from which they are manufactured, are not mined,
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produced, or manufactured in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality.
b. Exceptions.—This section does not apply—
(i) to articles, materials, or supplies for use outside the United States;
(ii) to any articles, materials, or supplies procured pursuant to a reciprocal defense
procurement memorandum of understanding (as described in section 8304 of U.S.C.
Title 41), or a trade agreement or least developed country designation described in
subpart 25.400 of the Federal Acquisition Regulation; and
(iii) to manufactured articles, materials, or supplies procured under any contract with an
award value that is not more than the micro-purchase threshold under section 1902
of U.S.C. Title 41.
c. Special Rules.—The following rules apply in carrying out the provisions of this
subsection:
(i) Iron and steel manufactured in the United States.—For purposes of this section,
manufactured articles, materials, and supplies of iron and steel are deemed
manufactured in the United States only if all manufacturing processes involved in
the production of such iron and steel, from the initial melting stage through the
application of coatings, occurs in the United States.
(ii) Limitation on exception for commercially available off-the-shelf items.—
Notwithstanding any law or regulation to the contrary, including section 1907 of
U.S.C. Title 41, the requirements of this section apply to all iron and steel articles,
materials, and supplies.

2. Contracts for Public Works
a. In General.—Every contract for the construction, alteration, or repair of any public
building or public work in the United States shall contain a provision that in the
performance of the work the contractor, subcontractors, material men, or suppliers
shall use only—
(i) unmanufactured articles, materials, and supplies that have been mined or produced
in the United States; and
(ii) manufactured articles, materials, and supplies that have been manufactured in the
United States substantially all from articles, materials, or supplies mined, produced,
or manufactured in the United States.
b. Exceptions—This section does not apply—
(i) to articles, materials, or supplies for use outside the United States;
(ii) to any articles, materials, or supplies procured pursuant to a reciprocal defense
procurement memorandum of understanding (as described in section 8304 of U.S.C.
Title 41), or a trade agreement or least developed country designation described in
subpart 25.400 of the Federal Acquisition Regulation; and
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(iii) to manufactured articles, materials, or supplies procured under any contract with an
award value that is not more than the micro-purchase threshold under section 1902
of U.S.C. Title 41.
c. Particular article, material, or supply.—If the District finds that it is impracticable to
comply with subsection (a) for a particular article, material, or supply or that it would
unreasonably increase the cost, an exception shall be noted in the specifications for that
article, material, or supply and a public record of the findings that justified the exception
shall be made.
d. Waiver authority.—Subsection (a) shall be regarded as requiring the purchase, for public
use within the United States, of articles, materials, or supplies manufactured in the
United States in sufficient and reasonably available commercial quantities and of a
satisfactory quality, unless the District determines their acquisition to be inconsistent
with the public interest, their cost to be unreasonable, or that the articles, materials, or
supplies of the class or kind to be used, or the articles, materials, or supplies from which
they are manufactured, are not mined, produced, or manufactured in the United States
in sufficient and reasonably available commercial quantities and of a satisfactory
quality.
e. Special Rules.
(i) Production of iron and steel.—For purposes of this section, manufactured articles,
materials, and supplies of iron and steel are deemed manufactured in the United
States only if all manufacturing processes involved in the production of such iron
and steel, from the initial melting stage through the application of coatings, occurs
in the United States.
(ii) Limitation on exception for commercially available off-the-shelf items.—
Notwithstanding any law or regulation to the contrary, including section 1907 of
U.S.C. Title 41, the requirements of this section apply to all iron and steel articles,
materials, and supplies used in contracts described in subsection (a).
f. Results of Failure to Comply.—If the District awards a contract containing the provision
required by subsection (a) and finds that there has been a failure to comply with the
provision in the performance of the contract, the District shall make the findings public.
The findings shall include the name of the contractor obligated under the subject
contract. The contractor, and any subcontractor, material man, or supplier associated or
affiliated with the contractor, shall not be awarded another contract for the
construction, alteration, or repair of any public building or public work for 3 years after
the findings are made public.

3. Implementing FAR Provisions
a. The BAA provides a preference for the purchase of domestic supplies (or domestic end
products) and domestic construction materials. To this end, the offeror/bidder and/or
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awarded Contractor agree(s) to comply with the BAA’s implementing regulations under
the Federal Acquisition Regulations (FAR), including and not limited to 49 FAR Part
25, and acknowledge(s) that the FAR provides a two-part test for determining if an end
product (that does not consist wholly or predominantly of iron or steel or a combination
of both) qualifies as a domestic end product:
(i) the end product must be manufactured in the U.S.; and
(ii) in calendar year 2024 more than 65 percent of the cost of its components must be
mined, produced, or manufactured in the U.S. and the domestic content threshold
increases to 75 percent in calendar year 2029.
b. In the event no domestic products can meet the new thresholds or the cost to acquire
them would be unreasonable, there is a 55 percent fallback threshold in effect from
October 25, 2022 through December 31, 2029. For end products consisting wholly or
predominantly of iron or steel or a combination of both, the cost of domestic
components must be 95 percent to qualify as a domestic end product. The FAR provides
similar standards for domestic construction materials.

4. Additional FAR Required Contract Clauses

The following FAR Clauses are hereby incorporated by reference into the contract.
a. For initial contract awards under $6,708,000.00 the following FAR
Clauses are applicable:
i. FAR 52.225-9, Buy American-Construction Materials, as prescribed in FAR 25.1102(a)
ii. FAR 52.225-10, Notice of Buy American Requirement-Construction Materials, as
prescribed in FAR 25.1102(b)(1)
iii. FAR 52.225-13, Restrictions on Certain Foreign Purchases, as prescribed in FAR
25.1103(a)
iv. FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-
Certification, as prescribed in FAR 25.1103(d)
v. FAR 52.225-25, Prohibition on Contracting With Entities Engaging in Certain Activities or
Transactions Relating to Iran – Representation and Certifications, as prescribed in FAR
25.1103(e)
b. For initial contract awards more than $6,708,000.00 but less than $13,296,489.00 the
following FAR Clauses are applicable:
i. FAR 52.225-11, with Alternate 1, Buy American-Construction Materials under Trade
Agreements, as prescribed in FAR 25.1102(c)
ii. FAR 52.225-12, Notice of Buy American Requirement-Construction Materials under
Trade Agreements, as prescribed in FAR 25.1102(d)(1)
iii. FAR 52.225-13, Restrictions on Certain Foreign Purchases, as prescribed in FAR
25.1103(a)
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iv. FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-
Certification, as prescribed in FAR 25.1103(d)
v. FAR 52.225-25, Prohibition on Contracting With Entities Engaging in Certain Activities or
Transactions Relating to Iran - Representation and Certifications, as prescribed in FAR
25.1103(e)
c. For initial contract awards more than $13,296,489.00 the following FAR Clauses are
applicable:
i. FAR 52.225-11, Buy American-Construction Materials under Trade Agreements, as
prescribed in FAR 25.1102(c)
ii. FAR 52.225-12, Notice of Buy American Requirement-Construction Materials under
Trade Agreements, as prescribed in FAR 25.1102(d)(1)
iii. FAR 52.225-13, Restrictions on Certain Foreign Purchases, as prescribed in FAR
25.1103(a)
iv. FAR 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-
Certification, as prescribed in FAR 25.1103(d)
v. FAR 52.225-25, Prohibition on Contracting With Entities Engaging in Certain Activities or
Transactions Relating to Iran – Representation and Certifications, as prescribed in FAR
25.1103(e)
H.15 CONSTRUCTION WAGE RATE REQUIREMENTS (DAVIS BACON ACT)
a) Definition.
(1) “Site of the work” is defined as:
(i) The primary site of the work. The physical place or places where the construction
called for in the contract
a. Contractor may have to utilize multiple shifts and/or overtime work (including
Saturdays, Sundays and Holidays) if granted.
b. The cost of multiple shifts and/or overtime work shall be included in the bid
process for the various items of work on the project and no additional
compensation will be allowed.
c. In developing the plan, the Contractor shall consider time lost due to inclement
weather. The District will not consider any requests for partial suspension or time
extension for time lost due to inclement weather.
2. Schedule requirements and updates
a. The Contractor shall provide schedule data files to the CA and the CM upon
request.
b. The Contractor shall have monthly reconciliation meetings with the CA/CM to
agree on actual completion percentages.
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c. The Contractor shall use the agreed completion percentages for monthly schedule
updates.
d. The Contractor shall not change the schedule logic (relationships between
activities, key constraints, predecessors/successors) without the CA/CM’s
approval.
e. Although the construction Critical Path Method (CPM) schedule is the master path
for the completion of the work, the day -to-day installation of the work by the
Contractor should be managed by short term schedules. These short -term
schedules should cover periods from one to four weeks with two-week lookahead
schedules. The Contractor shall extract the lookahead schedules form the
construction CPM schedule. The Contractor’s lookahead activities shall follow the
latest approved construction CPM schedule.
f. An evaluation of progress is to be completed after each 10 percent increment of
the contract time that has elapsed. Whenever performance falls behind the
approved plans schedule by 10 percent of more, the Contractor shall, within 15
calendar says, submit to the CA/CM for review a revised plan for completing the
project within the remaining time.
The Contractor must be aware that part of the work may include coordination with various
Government agencies, National Park Service and Utility Companies. Delay by any outside sources
will not constitute grounds for waiving this provision.
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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
Except to the extent supplemented and modified, or superseded, by the terms of the Contract,
Standard Specifications for Highways and Structures (2013) (“Standard Specifications”) applies to
this Contract. The Standard Specifications may be found at: http://ddot.dc.gov/page/standard-
specifications-highways-and-structures.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
The District’s obligation for performance of the Contract beyond the fiscal year is contingent
upon the availability of appropriated funds from which payment for contract purposes can be
made. No legal liability on the part of District for any payment may aris e for performance under
the Contract beyond the end of the fiscal year in which the Contract was awarded, until funds
are made available to the Contracting Officer for performance and until the Contractor receives
notice of availability, to be confirmed in writing by the Contracting Officer
I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to the Project in absolute confidence, shall
comply with the District and federal laws governing the confidentiality of records, and shall not
use the information in connection with any other matters.
I.4 PUBLICITY
The Contractor shall at all times obtain the prior written approval from the CO before the
Contractor, any of its officers, agents, employees or subcontractors, either during the term of the
Contract or after expiration or termination of the Contract, make any statement, or issue any
material, for publication through any medium of communication, bearing on the work performed
or data collected under the Contract.
I.5 SUBCONTRACTING
This paragraph supersedes Standard Specifications Section 108.01, “Subletting of Contract.”
A. The Contractor hereunder shall not subcontract any of the Work to any subcontractor without
the prior written consent of the CO. If the CO consents, any work so subcontracted shall be
performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall
specify that the Contractor and the subcontractor shall be subject to every provision of the
Contract. Notwithstanding any work that is subcontracted, the Contractor shall remain liable
to the District for all of the Work.
B. The Contractor shall use the Subcontractor Approval Request Form (DDOT Form 120 -KA),
attached at J. 3, to request approval of subcontractors on this Project. The form should be
completed for each subcontractor requested for approval and submitted to the Contracting
Officer.
C. The Contractor shall make copies of subcontracts available for review at any time by
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representatives of the District and, for FAHP contracts, the FHWA.
The Contractor shall ensure that all subcontractors meet the General Standards of Responsibility
as set forth in 27 DCMR 2200.4. The Contracting Officer may, but is under no obligation to,
request that the Contractor provide written evidence of a subcontractor’s responsibilit y. Such
action on the part of the Contracting Officer in no way limits the Contractor’s responsibility under
this subparagraph D.
I.6 TIME
Time, if stated as number of days, will include Saturdays, Sundays, and holidays, unless otherwise
stated herein.
I.7 FREEDOM OF INFORMATION ACT
The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3), requires
the District to make available for inspection and copying any record produced or collected
pursuant to a District contract with a private contractor to perform a public function, to the same
extent as if the record were maintained by the agency on whose behalf the contract is made. If
the Contractor receives a request for such information, the Contractor shall immediately send
the request to the CA who will pro vide the request to the DDOT Freedom of Information Act
(FOIA) Officer in accordance with the D.C. Freedom of Information Act. If DDOT receives a request
for a record maintained by the Contractor pursuant to the Contract, the CA will forward a copy
to the Contractor. In either event, the Contractor is required by law to provide all responsive
records to the CA within the timeframe designated by the CA. The DDOT FOIA Officer will
determine whether the records are releasable. The District will reimburse the Contractor for the
costs of searching and copying the records in accordance with D.C. Official Code §2 -532 and
Chapter 4 of Title 1 of the D.C. Municipal Regulations.
I.8 INSURANCE
A. 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 submit a Certificate of Insurance to the
Contracting Officer (CO) giving evidence of the required coverage prior to commencing
performance under this contract. In no event shall any work be performed until the
required Certificates of Insurance signed by an authorized representative of the
insurer(s) have been provided to, and accepted by, the CO.
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.
B. INSURANCE REQUIREMENTS
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1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least
as broad and approved by the CO in writing), covering liability for all ongoing and
completed operations of the Contractor and under all subcontracts, covering claims for
bodily injury, including without limitation sickness, disease or death and mental anguish
of any persons, broad form property damage, including loss of use resulting therefrom,
personal and advertising injury, and including coverage for liability arising out of an
Insured Contract (including the tort liability of another assumed in a contract) and acts of
terrorism (whether caused by a foreign or domestic source). Such coverage shall have
limits of liability of not less than $1,000,000 for each occurrence, $2,000,000 general
aggregate, $2,000,000 products and completed operations aggregate, and $1,000,000
personal and advertising injury aggregate limit.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
using ISO form CG 2010 0413 and CG2037 04 13 (or its equivalent) to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to
the CO of commercial (business) automobile liability insurance written on ISO form CA
00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and
equipment used by the Contractor in connection with work under this agreement, with
a minimum combined single limit of $1,000,000. Such policy or policies of automobile
liability insurance shall be written on an "occurrence" (as opposed to a "claims made")
basis.
The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured coverage
to The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
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d) Defense costs shall be in addition to and not erode the limits of liability
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened
Coverage for Covered Autos - Business Auto, Motor Carrier, and Truckers (or
its equivalent)
f) Moving and Storage Companies shall be required to provide evidence of
BMC91 or BMC91X filing
For Contractors providing transportation:
Contractors providing transportation must additionally comply with the following:
a) Operators holding a restricted WMATC Certificate of Authority must have a
single limit of $1.5 million in combined (bodily injury and physical damage)
coverage, or
b) Operators holding an unrestricted WMATC Certificate of Authority must have
a single limit of $5M in combined (bodily injury and physical damage)
coverage.
In addition, both types of WMATC certificate holders must have in place the following
Licensing Requirements as applicable:
a) Commercial Driver’s License (CDL) with the following endorsements:
i) P (Passenger): All drivers MUST have a P endorsement enabling them to
transport passengers (16 or more).
ii) S (School Bus): All drivers operating school buses (flashing lights, swing
arm w/stop sign) must also have an S endorsement. Please note that
driver credentials for any vehicles that are converted school buses must
have S.
b) Valid (unexpired) US Department of Transportation Medical Examiner
Certification (“Medical Card”).
For Contractors using District Government-Owned Vehicles:
Agencies that provide Contractors with District Government-owned or leased motor
vehicles are responsible for ensuring that such vehicles are used only for the
performance under this Contract. Contractor and its subcontractors are prohibited from
using such vehicles for home-to-work transportation unless specifically provided for
under the terms of the contract and approved in writing by the Contracting Officer, or
otherwise provided by law. Contractor shall obtain automobile liability insurance with a
minimum combined single limit of $1,000,000 to cover bodily injury and property
damage to protect the Contractor and the District Government against third-party
claims arising from the use of District Government-owned vehicles. The Commercial
Auto Liability Policy shall be endorsed to include:
a) To the fullest extent permitted by law, provide additional insured coverage
to The Government of the District of Columbia;
b) Coverage available to the additional insureds shall apply on a primary and
non-contributing basis as respects any other insurance, deductibles, or self-
insurance available to the additional insureds; and
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c) A waiver of subrogation in favor of The Government of the District of
Columbia.
In the event of loss, destruction, or damage to any government-owned vehicles used in
the performance of contact, Contractor shall be liable for full cost of repair or
replacement of lost, destroyed, or damaged vehicle.
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.
The Workers Compensation and Employers Liability shall be further endorsed to:
a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on
an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors, omissions,
and violation of any consumer protection laws arising out of Contractor’s operations or
services with a limit of $2,000,000 per claim and in the aggregate. Such coverage shall
include but not be limited to, third party and first party coverage for loss or disclosure of
any data, including personally identifiable information and payment card information,
network security failure, violation of any consumer protection laws, unauthorized access
and/or use or other intrusions, infringement of any intellectual property rights (except
patent), negligence or breach of duty to use reasonable care, breach of any duty of
confidentiality, invasion of privacy, or violations of any other legal protections for
personal information, defamation, libel, slander, commercial disparagement, negligent
transmission of computer virus, or use of computer networks in connection with denial
of service attacks. Such coverage shall include regulatory defense and fines/penalties in
any jurisdiction anywhere in the world. Such coverage shall include contractual privacy
coverage for data breach response and crisis management costs that would be incurred
by Contractor on behalf of The Government of the District of Columbia in the event of a
data breach including legal and forensic expenses, notification costs, credit monitoring
costs, and costs to operate a call center. Contractor shall maintain coverage in force
during the term of this Agreement and for an extended reporting period of not less than
two (2) years after.
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5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from
any error or omission in the performance of professional services under this Contract.
The policy shall provide limits of $1,000,000 per claim or per occurrence for each
wrongful act and $2,000,000 annual aggregate. The Contractor warrants that any
applicable retroactive date precedes the date the Contractor first performed any
professional services for the Government of the District of Columbia and that
continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least ten years after the completion of the professional
services. Limits may not be shared with other lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella with minimum limits of $5,000,000 per
occurrence and $5,000,000 in the annual aggregate. Coverage must excess of required
commercial general liability, commercial auto lia bility, and employers’ liability. The
insurance required under this paragraph shall be written in a form that annually reinstates
all required limits. Coverage shall be primary to any insurance, self -insurance or
reinsurance maintained by The Government of the District of Columbia and the “other
insurance” provision must be amended in accordance with this requirement and
principles of vertical exhaustion.
7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime policy
including 3rd party fidelity to cover the dishonest acts of Contractors, its employees and/or
volunteers which result in a loss to the District. The Government of the District of
Columbia shall be included as loss payee. The policy shall provide a limit of $10,000 per
occurrence.
8. 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 ap ply 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. Cover age 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, legionella, asbestos, lead paint, or sil ica. The minimum limits
required under this paragraph shall be $2,000,000 per occurrence and $2,000,000 in the
annual aggregate. If such coverage is written on a claims -made basis, the Contractor
warrants that any retroactive date applicable to coverages under the policy precedes the
Contractor’s performance of any work under the Contract and that continuous completed
operations coverage will be maintained for at least ten (10) years or an extended
reporting period shall be purchased for no less than ten (10) years after completion.
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The Contractor also must furnish to the CO Owner certificates of insurance evidencing
environmental liability insurance maintained by third party transportation and disposal
site operators(s) used by the Contractor for losses arising from facility(ies) accepting,
storing or disposing hazardous materials or other waste as a result of the Contractor’s
operations. Such coverages must be maintained with limits of at least the amounts set
forth above.
The Environmental Liability policy shall be further endorsed to include The Government
of the District of Columbia as an Additional Insured.
9. Installation-Floater Insurance - For projects not involving structural alterations, 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.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall
be required to have the same insured required of Contractor. Should the Contractor
wish to propose different insurance requirements for the subcontractor than the ones
outlined in the 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 to the CO. The CO will promptly provide in writing to
the Contractor with a decision regarding the insurance requirements applicable to the
subcontractor. When requested by the CO, the Contractor must provide proof of the
subcontractor's required insurance prior to commencement of work by the
subcontractor.
D. 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.
E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages
for ten years for construction projects following final acceptance of the work performed
under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The
Government of the District of Columbia does not in any way represent that the
insurance or the limits of insurance specified herein are sufficient or adequate to
protect your interests or liabilities and will not in any way limit the contractor’s liability
under this contract.
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G. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding, and temporary structures, rented machinery, or owned and
leased equipment. A waiver of subrogation shall apply in favor of The Government of
the District of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make
any separate measure or payment for the cost of insurance and bonds. The Contractor
shall include all the costs of insurance and bonds in the contract price.
I. 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 cancellation, non-renewal,
or material changes to the extent such cancellation or material changes results in
Contractor no long complying with the above requirements. The Contractor shall
provide the CO with ten (10) days’ prior written notice in the event of non-payment of
premium. The Contractor will also provide the CO with an updated Certificate of
Insurance should its insurance coverages renew during the contract. The Government of
the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the
change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractor must also provide us with
evidence of renewal before the expiration date of each insurance policy. Contractor is
responsible for providing us with 30 days advanced written notice if the certificate of
insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence
of insurance shall be submitted by e mail to:
The Government of the District of Columbia
Office of Contracting and Procurement at DDOT
and mailed to the attention of:
Carol Hessler, Contracting Officer
250 M Street S.E., 7th Floor, Washington D.C. 20003
Carol.hessler@dc.gov
The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of
the insurance policies. If the insurance initially obtained by the Contractor expires prior
to completion of the contract, renewal certificates of insurance and additional insured
and other endorsements shall be furnished to the CO prior to the date of expiration of
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all such initial insurance. For all coverage required to be maintained after completion,
an additional certificate of insurance evidencing such coverage shall be submitted to the
CO on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to
any third party which presents a claim against The Government of the District of
Columbia for any damages or claims resulting from or arising out of work performed by
the Contractor, its agents, employees, servants or subcontractors in the performance of
this contract.
L. 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 better (or the equivalent by any other rating
agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, the Contractor should be named as an additional
insured on the applicable manufacturer’s/distributer’s Commercial General Liability
policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another
occurrence-based form with coverage at least as broad). CO should collect, review for
accuracy, and maintain all warranties for goods and services.
I.9 DISPUTES
This clause supersedes Standard Specifications Section 103.01 Article 7, “Disputes.”
All disputes arising under or relating to the contract shall be resolved as provided herein, except,
for Federal Aid Highway Program (FAHP) contracts only , disputes arising out of the labor
standards provisions of the Contract are governed by the requirements at H.10.A.9.
(a) Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause,
means a written assertion by the Contractor seeking, as a matter of right, the payment of
money in a sum certain, the adjustment or interpretation of contract terms, or other relief
arising under or relating to the Contract. A claim arising under a contract, unlike a claim
relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant
(1) All claims by a Contractor against the District arising under or relating to a contract
shall be in writing and shall be submitted to the CO for a decision. The Contractor’s
claim shall contain at least the following:
(i) A description of the claim and the amount in dispute;
(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing
the claim; and
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(iv) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of
the claim. Whenever possible, the CO shall take into account factors such as the size
and complexity of the claim and the adequacy of the information in support of the
claim provided by the Contractor.
(4) The CO’s written decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(5) Failure by the CO to issue a decision on a contract claim within 120 days of receipt of
the claim will be deemed to be a denial of the claim, and will authorize the
commencement of an appeal to the Contract Appeals Board as provided by D.C.
Official Code § 2-360.04.
(6) If a contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of
the Contractor, the Contractor shall be liable to the District for an amount equal to
the unsupported part of the claim in addition to all costs to the District attributable to
the cost of reviewing that part of the Contractor’s claim. Liability under this paragraph
(a)(6) shall be determined within six (6) years of the commis sion of the
misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the Contract in accordance with the decision
of the CO.
(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause,
means a written demand or written assertion by the District seeking, as a matter of right,
the payment of money in a sum certain, the adjustment of contract terms, or other relief
arising under or relating to the Contract. A claim arising under a contract, unlike a claim
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relating to that contract, is a claim that can be resolved under a contract clause that
provides for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(2) The CO shall send writ ten notice of the claim to the C ontractor. The CO’s written
decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be binding
in any subsequent proceeding;
(v) If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted;
(vi) Indicate that the written document is the CO’s final decision; and
(vii) Inform the Contractor of the right to seek further redress by appealing the
decision to the Contract Appeals Board.
(3) The CO shall support the decision by reasons and shall inform the Contractor of its
rights as provided herein.
(4) Before or after issuing the decision, the CO may meet with the Contractor to attempt
to resolve the claim by agreement.
(5) The authority contained in this paragraph (b) shall not apply to a claim or dispute for
penalties or forfeitures prescribed by statute or regulation which another District
agency is specifically authorized to administer, settle or determine.
(6) This clause shall not authorize the CO to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
(c) Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision, by filing a complaint with
the Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.
(d) Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the Contract in accordance with the decision of
the CO.
I.10 PERFORMANCE AND PAYMENT SECURITY
Standard Specifications Section 102.01, Article 12(B), (C) and (D) apply to the Contract.
In the event the Contract is terminated for default, the Contractor is liable for any cost of
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acquiring the remaining work that exceeds the amount of its bid, and the performance bond is
available to offset the difference.
I.11 GOVERNING LAW
This Contract, and any disputes arising out of or related to this Contract, shall be governed by,
and construed in accordance with, the laws of the District of Columbia.
I.12 SITE INVESTIGATION – CONSTRUCTION
A. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the
nature and location of the Work, and that it has investigated and satisfied itself as to the
general and local conditions which can affect the Work or its cost, including but not limited
to:
1. conditions bearing upon transportation, disposal, handling, and storage of materials;
2. the availability of labor, water, electric power, and roads;
3. uncertainties of weather, river stages, tides, or similar physical conditions at the site;
4. the conformation and conditions of the ground;
5. the character of equipment and facilities needed preliminary to and during the
performance of the Work; and
6. all conditions related to site access, required permits, utilities coordination, and District
requirements.
B. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and
quantity of surface and subsurface materials or obstacles to be encountered insofar as
this information is reasonably ascertainable from an inspection of the site, including all
exploratory work done by the District, as well as from the Drawings and Specifications made a
part of the Contract. Any failure of the Contractor to take the actions described and
acknowledged in this clause shall not relieve the Contractor from responsibility for estimating
properly the difficulty and cost of successfully performing the Work, or for proceeding to
successfully perform the Work without additional expense to the District.
C. The Contractor is solely responsible for any conclusions or interpretations made by the
Contractor based on the information made available by the District. The District assumes no
responsibility for, and Contractor is solely responsible for, any understanding based upon,
any representation made by any District officers or agents before the execution of the
Contract, unless that understanding or representation is expressly stated in the Contract.
I.13 DC HUMAN RIGHTS ACT ANTI-DISCRIMINATION CLAUSE
During the performance of the Contract, the Contractor shall comply with the DC Human Rights
Act of 1977, D.C. Official Code § 2-1401 et. seq., as amended. The Contractor shall ensure that all
subcontracts contain this requirement.
I.14 AMERICANS WITH DISABILITIES ACT REQUIREMENTS
This clause supersedes Standard Specification Section 102.10, “Employment of the Handicapped.”
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Pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, as amended, the DC Human Rights
Act of 1977, and the Americans With Disabilities Act, the Contractor and all Subcontractors agree
not to discriminate against any person with disabilities who is qualified to perform the job. The
Contractor also agrees to take Affirmative Action to hire, advance, and treat persons with
disabilities without discrimination.
I.15 ORDER OF PRECEDENCE
This paragraph supersedes Standard Specifications Section 103.01 Article 2 “Order of
Precedence.”
The Contract Documents are complimentary, and different requirements within the Contract
Documents shall only be deemed in conflict if compliance with both cannot be achieved. In the
event of a conflict between the terms of the Contract, the Contract Docu ments apply in the
following order of precedence:
1. Task Orders and Modifications
2. The Contract
3. Contract Attachments, including Supplementary Specifications, Special Provisions and
Contract Drawings
4. Standard Specifications for Highways and Structures (2013)
5. Other DDOT Standard Specifications
6. Utility Standard Specifications
In addition:
7. Original scaled drawings and details have priority over other different scale drawings and de
tails; and
8. Large scale drawings and details have priority over small scale drawings and details.
I.16 STANDARD TERMS AND CONDITIONS
The following sections of the Standard Specifications, Division 100, are incorporated into this
Contract by reference. These references are not intended to be an exhaustive list of Division 100
requirements and are included simply for the convenience of the Contractor.
Section 103.01
Article 3 Changes
Article 5 Termination – Delays
Article 6 Termination – Convenience of the District
Article 10 Transfer or Assignment
Article 11 Material and Workmanship
Article 13 Superintendence by Contractor
Article 14 Permits and Responsibilities
Article 15 Indemnification
Article 16 Protection Against Trespass
Article 17 Conditions Affecting the Work
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Article 19 Patent Indemnity
Article 20 Covenant Against Contingent Fees
Article 21 Appointment of Attorney
Article 22 Officials Not to Benefit
Article 23 Waiver
Article 25 Taxes
Article 26 Suspension of Work
Article 27 Safety Program
Article 28 Retention of Records
Section 107.15 Contractor’s Responsibility for the Work
Section 108.01 Subletting of Contract
Section 108.02 Notice to Proceed
Section 109.03 Extra and Force Account Work
Section 109.04 Eliminated Items
Section 109.07 Payment for Stockpiled Materials
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SECTION J: ATTACHMENTS
The following attachments are incorporated into the Solicitation.
Attachment
Number Document
J.1
U.S. Department of Labor Wage Determination DC20250001, Dated January
10, 202 5, All wage categories in the Wage Determination apply to this
contract including Heavy Construction, Sewer and Water Lines, Paving and
Incidental.
J.2 Subcontractor Approval Request Form (DDOT Form 120-KA)
J.3 Equal Employment Opportunity Information Report
J.4 DDOT Davis Bacon Compliance Requirements, Certified Payroll, And Weekly
Compliance
J.5 DDOT Monthly Equal Employment Opportunity Utilization Report
J.6 Subcontractor Payment Form
J.7 Price Schedule/Bid Form
TECHNICAL REQUIREMENTS
J.8 Supplementary Specifications (also referred to as “Special Provisions”)
J.9 Project Drawings
J.10 Pepco Standard Details and Drawings
J.11 Duct Certification Procedures
J.12 Duct Certification Form
J.13 DC PLUG Typical MOT Drawings