Proposed Contract with Fort Myer Construction Corporation to Contract No. DCKA-2025-C-0110

MURIEL BOWSER
MAYOR

March 12, 2026

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1 -
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Contract No. DCKA -2025-C-0110 with Fort Myer Construction Corporation (FMCC)
in the not -to-exceed amount of $8,736,737.56. The period of performance is 469 consecutive
calendar days from the notice to proceed.

Under the proposed contract, FMCC will provide all labor, materials, and equipment for the civil
construction of feeder 15171 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.

Sincerely,

Muriel Bowser

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-0110

Proposed Contractor: Fort Myer Construction Corporation

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

Contract Amount (Base Period): Not-to-Exceed (NTE) $8,736,737.56

Unit and Method of Compensation: Fixed Unit Prices

Term of Contract: 469 consecutive calendar days from date of 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.

2

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

The contractor shall provide all labor, material and equipment to construct feeder 15171 for the DC
Power Line Undergrounding (DC PLUG) Program as shown on the plans and as directed by the
engineer.

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

The IFB was advertised on August 19, 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. Fort Myer Construction Corporation
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:

- FY 2018 Federal Aid Pavement Restoration Citywide; DCKA-2018-C-0084
- Sign Structure Improvement Project; DCKA-2019-C-0031
- Safety & Geometric Improvement of I-295; DCKA-2020-C-0011
- Guiderails and Attenuators Repair and Replace; DCKA-2020-C-0013
- Federal Aid Pavement Restoration (NHS); DCKA-2021-C-0020
- Citywide Federal Safety Improvements; DCKA-2021-C-0022
- Douglas Street Pedestrian Bridge over Kenilworth Avenue; DCKA-2021-C-0050
- LED Signage Procurement and Installation – Citywide; DCKA-2021-C-0078
- Emergency Lane Place Pedestrian Bridge; DCKA-2022-C-0066
- Metropolitan Branch Trail – Fort Totten to Takoma; DCKA-2023-C-0006
- Florida Avenue and New York Avenue Northeast Intersection; DCKA-2023-C-0010
- Reconstruction of Kennedy Street from 16th Street to Georgia Avenue, NW; DCKA-2023-C-
0032
- Emergency Bridge Repair 529; DCKA-2023-C-0047
- Rehabilitation of I-395 HOV Bridge; DCKA-2024-C-0011
- Taft Bridge Construction; DCKA-2025-C-0051
- Safe Routes to School; DCKA-2024-C-0036
- Connecticut Avenue Streetscape and Deck over; DCKA-2024-C-0044
- Citywide Large Guide and Traffic and Traffic Sign Maintenance; DCKA-2024-C-0058
Multimodal Traffic Safety; DCKA-2024-C-0080
- Garfield Park – Canal Park Connector; DCKA-2024-C-0086
3

- St. Elizabeth’s East Campus – 13th Street Infrastructure Improvements; DCAM-CS-IFB-0003
- Hill East Phase II Redevelopment – 72-inch Sewer Relocation and Infrastructure Improvements;
DCAM-24-CS-IFB-0007
- Emergency Athletic Field Maintenance Services; DCAM-24-NC-EM-0003B

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

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

(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-perform 100% of the
contract’s total dollar volume of the contract. The total value of this contract is $8,736,737.56.

(I) Performance standards and the expected outcome of the proposed contract:
At the direction of the DDOT contract administrator, the awardee will perform the required
construction services related to DC PLUG feeder 15171 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 Office of the Chief Financial Officer has certified that funding is consistent with the applicable
financial plan and budget.

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

4

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 Citywide Clean Hands database indicates that Fort Myer Construction Corporation is current
with its District taxes.

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

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

(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-
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.

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

Fort Myer Construction Corporation is a certified business enterprise member.

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

None

5

(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

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

Government Services Cluster

FINANCIAL PLAN AND BUDGET CERTIFICATION

Contract No.: DCKA-2025-C-0110
Contract Name: District of Columbia Power Undergrounding (DC PLUG)
Feeder 15171

Contractor: Fort Myer Construction Corporation (FMCC)
Contract Ceiling Amount: $8,736,737.56 (Base Year)

Current Amount Available: $8,736,737.56

Contract Period of Service: 469 Consecutive Days from Date of NTP
Organization Code: KA0
Requisition Number: RK319012
DC/DIFS Project Number: LMG18C/100600
Funding Source: Local Capital
==============================================================================

I, Calvin Skinner, Agency Fiscal Officer, OCFO, hereby certify that the amount of $8,736,737.56
is available for the above referenced contract and that the service is within the appropriate
capital budget authority for the agency for FY 2026 and is consistent with the applicable approved
financial plan and budget. Budget authority for FY 2027 is in the proposed Capital Improvements
Plan of the applicable master bucket. Services above the available funding are contingent upon
the identification of additional funding.

____________________________________ _________________
Calvin Skinner Date
Agency Fiscal Officer, OCFO

01/28/26
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: February 5, 2025
SUBJECT: Legal Sufficiency Certification of DDOT Contract for DC PLUG
Construction of Feeder 15171
Contract No. DCKA-2025-C-0110
Contractor: Fort Myer Construction Corporation
Proposed Contract Not-to-Exceed (NTE) Amount: $8,736,737.56
This is to Certify that this Office has reviewed the above-ref erenced 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
__________________________
Page 1 of 55DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
A. SOLICITATION, OFFER, AND AWARD
1. Caption
District of Columbia Power Line Undergrounding (DC
Plug) Feeder 15171
Page of Pages
1 of 55
2. Contract Number
DCKA-2025-C-0110
3. Solicitation Number
DCKA-2025-B-0110
4. Type of Solicitation
5. Date
Issued
8/19/2025
6. Type of Market
X Sealed Bid (IFB) Open
Sealed Proposals (RFP) X Set Aside
Sole Source Open with Sub-
Contracting Set
Aside Human Care Agreements
Emergency
7. Issued By:
District Department of Transportation Office of
Contracting and Procurement 55 M Street, SE –
Suite 700
Washington, DC 20003
8. Address Offer to:
Department of Transportation
Office of Contracting and Procurement 250 M
Street, SE Suite 700
Washington, DC 20003
NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"
SOLICITATION
9. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at address i n 8 above until
local time on for electronic submission refer to Section L of the Solicitation.
CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms &
conditions contained in this solicitation.
10. For Information Contact:
A. Name
District of Columbia Power Line
Undergrounding (DC Plug) Feeder 15171
B. Telephone C. E-mail Address
(Area Code) (Number) (Ext)
Tamana.mujadidi@dc.gov +1 202 430 2745
11. Table of Contents
(X) Section Description Page No. (X) Section Description Page
No.
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A Contract Cover sheet 1 X H-I Contract Clauses 26-53
X B Contract Type, and Price/Cost 2-10 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Description, Specifications and Work
Statement
11-14 X J List of Attachments (SEE J SECTION) 54-55
x D Packaging and Marking 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E Inspection and Acceptance 16-18
X K X F Period of Performance 19
X G Special Contract Re quirements 20-25 X L
X M
OFFER
12. In compliance with the above, the undersigned agrees, if this offer is accepted within 330 calendar days from the date for receipt of offers specified ab ove, to furnish
any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.
13Not Applicable
14. Acknowledgement of Amendments (The
offeror acknowledges receipt of amendments
to the SOLICITATION) [In case there is more
than three amendments attach separate sheet
with acknowledgements):
Amendment Number Date Amendment
Number Date
01 September 02,2025
02 September 11,2025
15A. Name and Address of Offeror Offeror/Bidder’s total offer/bid dollar amount
$
16. Name and Title of Person Authorized to Sign Offer
15B. Telephone 15 C. Check if remittance
address is different from above -
Refer to Section G
17. Signature 18. Offer Date
(Area Code) (Number) (Ext)
AWARD (TO BE COMPLETED BY GOVERNMENT)
19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation
22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer (District of
Columbia)
24. Award Date
Government of the District of Columbia Office of Contracting & Procurement














 


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Page 2 of 55DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
SECTION B: CONTRACT TYPE AND PRICE/COST
B.1 SUMMARY
The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the
District Department of Transportation (“DDOT” or “Department”), is awarding this contract to
Fort Myer Construction Corporation to provide construction services for the District of
Columbia Power Line Underground (DC PLUG) Feeder 15171 (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 TH E SMALL BUSINESS SET-ASIDE MARKET ONLY
For the purposes of this Solicitation, the term “District businesses” is defined as DSLBD CBEs and
certified joint ventures.
This Invitation for Bids (IFB) is designated on ly for DSLBD certified business enterprises (CBEs)
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 vo lume 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 inte nt 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
Attached below.














 

District Department of Transportation
District Department of Transportation
PROPOSAL FOR
Letting ID: 20250110
09/16/2025 02:00:00 PM
Contract ID: KA20250110
Call: 005
BID TYPE:
(Enter a Bid Type, otherwise bid will be considered Regular)
Submitted by
Fort Myer Construction
2237 33rd street NE
Washington, DC 20018
3DJHRI














 

District Department of Transportation
Line Number Item Number Quantity Unit Unit Price Extension Price
Section 0001
DC PLUG FEEDER NO. 15171
0005 000504 60.000 CY $262.00000 $15,720.00
Unassigned Special Item -CY - 620 104 Thermal Back Fill for Crossing Exist.
PEPCO Transmission Lines
0010 000506 1.000 EACH $4,000.00000 $4,000.00
Unassigned Special Item -EACH - DC PLUG 620 019 Penetrate Exist Manhole for
Duct Entrance (all ways) with Recess
0015 000506 24.000 EACH $27,475.00000 $659,400.00
Unassigned Special Item -EACH - DC PLUG 620 048 Install Precast Transformer MH
SW Type (6'x14' all depths)
0020 000506 9.000 EACH $55,850.00000 $502,650.00
Unassigned Special Item -EACH - DC PLUG 620 057 Construct Cast In Place MH Over
Existing Duct (4.5x6' all depth)
0025 000506 8.000 EACH $34,835.00000 $278,680.00
Unassigned Special Item -EACH - DC PLUG 620 062 Install Precast Sidewalk UG
Switch MH (6'X18' All Depths)
0030 000506 17.000 EACH $26,820.00000 $455,940.00
Unassigned Special Item -EACH - DC PLUG 620 063 Install Precast Roadway MH
(6'X12' all depths)
0035 000506 26.000 EACH $9,840.00000 $255,840.00
Unassigned Special Item -EACH - DC PLUG 620 064 Install Precast Roadway MH
(4.5'x6' all depths)
0040 000506 12.000 EACH $1,505.00000 $18,060.00
Unassigned Special Item -EACH - DC PLUG 620 078 Install 2 Way Concrete Encased
Fiberglass Pole Bends
0045 000506 29.000 EACH $2,555.00000 $74,095.00
Unassigned Special Item -EACH - DC PLUG 620 081 Install Precast Taphole
(3.5'Lx3.5'Cx4'H)
0050 000506 31.000 EACH $2,890.00000 $89,590.00
Unassigned Special Item -EACH - DC PLUG 620 082 Install Precast Transformer
Enclosure (48"x72")
0055 000506 55.000 EACH $1,200.00000 $66,000.00
Unassigned Special Item -EACH - DC PLUG 620 084 Install 2 Way Concrete Encased
PVC Pole Bends
0060 000506 1.000 EACH $92,960.00000 $92,960.00
Unassigned Special Item -EACH - DC PLUG 620 092 Construct Cast In Place MH Over
Exist. Duct (6'x12' all depth)
0065 000506 1.000 EACH $9,430.00000 $9,430.00
Unassigned Special Item -EACH - DC PLUG 620 094 CCTV Exploration
0070 000506 13.000 EACH $26,820.00000 $348,660.00
Unassigned Special Item -EACH - DC PLUG 620 099 Install Precast Sidewalk MH
(6'X12' all depths)
0075 000509 25.000 LF $480.00000 $12,000.00
Unassigned Special Item -LF - DC PLUG 620 027 Install 8 Way Conduit - 5" FB &
14 Way Conduit - 4"PVC
0080 000509 247.000 LF $210.00000 $51,870.00
Unassigned Special Item -LF - DC PLUG 620 028 Install 10 Way Conduit - 4" PVC
(all depths)
0085 000509 27.000 LF $280.00000 $7,560.00
Unassigned Special Item -LF - DC PLUG 620 029 Install 12 Way Conduit - 4" PVC
(all depths)
3DJHRI














 

District Department of Transportation
0090 000509 122.000 LF $170.00000 $20,740.00
Unassigned Special Item -LF - DC PLUG 620 031 Install 2 Way Conduit - 5" FB & 4
Way Conduit - 4"PVC
0095 000509 51.000 LF $180.00000 $9,180.00
Unassigned Special Item -LF - DC PLUG 620 032 Install 6 Way Conduit - 5" FB & 4
Way Conduit - 4" PVC
0100 000509 111.000 LF $170.00000 $18,870.00
Unassigned Special Item -LF - DC PLUG 620 033 Install 4 Way Conduit - 5" FB & 2
Way Conduit - 4" PVC
0105 000509 9.000 LF $172.00000 $1,548.00
Unassigned Special Item -LF - DC PLUG 620 034 Install 6 Way Conduit - 5" FB & 2
Way Conduit - 4" PVC
0110 000509 1392.000 LF $175.00000 $243,600.00
Unassigned Special Item -LF - DC PLUG 620 035 Install 8 Way Conduit - 5" FB & 2
Way Conduit- 4" PVC
0115 000509 233.000 LF $240.00000 $55,920.00
Unassigned Special Item -LF - DC PLUG 620 036 Install 10 Way Conduit - 5"
Fiberglass (all depths)
0120 000509 561.000 LF $235.00000 $131,835.00
Unassigned Special Item -LF - DC PLUG 620 037 Install 8 Way Conduit - 5" FB & 4
Way Conduit - 4" PVC
0125 000509 192.000 LF $295.00000 $56,640.00
Unassigned Special Item -LF - DC PLUG 620 039 Install 8 Way Conduit - 5" FB & 6
Way Conduit - 4" PVC
0130 000509 35.000 LF $415.00000 $14,525.00
Unassigned Special Item -LF - DC PLUG 620 041 Install 8 Way Conduit - 5" FB & 8
Way Conduit - 4" PVC
0135 000509 49.000 LF $540.00000 $26,460.00
Unassigned Special Item -LF - DC PLUG 620 043 Install 16 Way Conduit - 5" FB &
6 Way Conduit - 4" PVC
0140 000509 6.000 LF $295.00000 $1,770.00
Unassigned Special Item -LF - DC PLUG 620 049 Install 12 Way Conduit - 5"
Fiberglass (all depths)
0145 000509 123.000 LF $615.00000 $75,645.00
Unassigned Special Item -LF - DC PLUG 620 050 Install 16 Way Conduit - 5"
Fiberglass (all depths)
0150 000509 12.000 LF $615.00000 $7,380.00
Unassigned Special Item -LF - DC PLUG 620 055 Install 8 Way Conduit - 5" FB &
12 Way Conduit - 4"PVC
0155 000509 25.000 LF $540.00000 $13,500.00
Unassigned Special Item -LF - DC PLUG 620 056 Install 16 Way Conduit - 5" FB &
2 Way Conduit - 4" PVC
0160 000509 16.000 LF $560.00000 $8,960.00
Unassigned Special Item -LF - DC PLUG 620 059 Install 16 Way Conduit - 5" FB &
8 Way Conduit - 4" PVC
0165 000509 28.000 LF $260.00000 $7,280.00
Unassigned Special Item -LF - DC PLUG 620 060 Install 10 Way Conduit - 5" FB &
2 Way Conduit - 4"PVC
0170 000509 3474.000 LF $108.00000 $375,192.00
Unassigned Special Item -LF - DC PLUG 620 069 Install 2 Way Conduit - 4" PVC
(all depths)
0175 000509 3953.000 LF $115.00000 $454,595.00
Unassigned Special Item -LF - DC PLUG 620 070 Install 4 Way Conduit - 4" PVC
(all depths)
3DJHRI














 

District Department of Transportation
0180 000509 1747.000 LF $133.00000 $232,351.00
Unassigned Special Item -LF - DC PLUG 620 071 Install 6 Way Conduit - 4" PVC
(all depths)
0185 000509 614.000 LF $152.00000 $93,328.00
Unassigned Special Item -LF - DC PLUG 620 072 Install 8 Way Conduit - 4" PVC
(alll depths)
0190 000509 1061.000 LF $107.00000 $113,527.00
Unassigned Special Item -LF - DC PLUG 620 074 Install 2 Way Conduit - 5"
Fiberglass (all depths)
0195 000509 264.000 LF $150.00000 $39,600.00
Unassigned Special Item -LF - DC PLUG 620 075 Install 4 Way Conduit - 5"
Fiberglass (all depths)
0200 000509 744.000 LF $151.00000 $112,344.00
Unassigned Special Item -LF - DC PLUG 620 076 Install 6 Way Conduit - 5"
Fiberglass (all depths)
0205 000509 3960.000 LF $160.00000 $633,600.00
Unassigned Special Item -LF - DC PLUG 620 077 Install 8 Way Conduit - 5"
Fiberglass (all depths)
0210 000509 12.000 LF $280.00000 $3,360.00
Unassigned Special Item -LF - DC PLUG 620 089 Install 14 Way Conduit - 4" PVC
(all depths)
0215 000509 17.000 LF $645.00000 $10,965.00
Unassigned Special Item -LF - DC PLUG 620 103 Install 24 Way Conduit - 5"
Fiberglass (all depths)
0220 000608 1.000 LS $23,600.00000 $23,600.00
Time & Materials Special Item - LS - 608 071 - Tree Protection and Replacement
0225 108002 1.000 LS $305,000.00000 $305,000.00
Mobilization
0230 108004 1.000 LS $9,430.00000 $9,430.00
Progress Photographs
0235 108006 1.000 LS $10,055.00000 $10,055.00
Record Drawings and As-Built Drawings
0240 108012 1.000 LS $75,420.00000 $75,420.00
Engineer's Field Facilities
0245 108016 1.000 LS $50,300.00000 $50,300.00
Field Layout
0250 200005 380.000 CY $106.50000 $40,470.00
Earthwork and Excavation Special Item - CY - 620 095 - Rock Excavation for
PEPCO Facility Construction
0255 200015 1.000 LS $87,130.00000 $87,130.00
Earthwork and Excavation Special Item - LS - 200 035 - Support of Excavation
next to 66" STM Drainage Pipe for MH Install
0260 201002 1.000 LS $10,400.00000 $10,400.00
Clear and Grub
0265 202002 360.000 CY $70.00000 $25,200.00
Common Excavation
0270 204006 195.000 CY $250.00000 $48,750.00
Flowable Fill
0275 207008 2500.000 CY $69.00000 $172,500.00
Borrow Trench Backfill
0280 209002 1725.000 CY $95.00000 $163,875.00
Aggregate Base Course
3DJH














 

District Department of Transportation
0285 212991 100.000 EACH $670.00000 $67,000.00
Test Pit Special Item - EACH - 212 002 Test Pit
0290 402010 2563.000 TON $140.00000 $358,820.00
HMA Surface Course, 12.5 mm
0295 403002 21624.000 SY $0.94000 $20,326.56
Tack Coat
0300 410002 21624.000 SY $6.00000 $129,744.00
Pavement Profiling (Milling)
0305 501030 95.000 BAGS $200.00000 $19,000.00
High Early Strength Portland Cement
0310 502004 1000.000 CY $560.00000 $560,000.00
PCC Base for Utility Cuts
0315 504006 29.000 CY $800.00000 $23,200.00
PCC Driveway-Alley Entrance, 7 Inch
0320 506002 40.000 CY $640.00000 $25,600.00
PCC Bus Stop Pad
0325 507010 5.000 CY $2,310.00000 $11,550.00
Standard PCC Coping
0330 507012 5.000 CY $2,310.00000 $11,550.00
Special PCC Coping
0335 604002 200.000 LF $82.00000 $16,400.00
Chain Link Fence, 4 Ft. Ht.
0340 605018 1546.000 SY $92.00000 $142,232.00
Repair-Replace PCC Sidewalk, 4 Inch
0345 606002 1050.000 LF $40.00000 $42,000.00
PCC Curb
0350 606004 2360.000 LF $50.00000 $118,000.00
PCC Curb and/or Gutter
0355 606064 20.000 LF $185.00000 $3,700.00
Furnish and Set 8"x12" Granite Straight Curb
0360 606066 20.000 LF $240.00000 $4,800.00
Furnish&Set 8"x12" Granite Circular Curb Radius Under 10Ft
0365 606100 10.000 EACH $2,730.00000 $27,300.00
PCC Wheelchair/Bicycle Ramp - Existing Construction
0370 607004 1404.000 SY $25.00000 $35,100.00
Seed with 4 Inch Topsoil
0375 608002 5.000 EACH $295.00000 $1,475.00
Remove Tree and Stump up to 6 Inch Dia.
0380 608114 40.000 HR $95.00000 $3,800.00
Tree Trimming
0385 612008 3000.000 SF $8.20000 $24,600.00
Remove Lane Markings
0390 612054 1000.000 LF $2.85000 $2,850.00
Thermoplastic Pavement Marking, 4 Inch
0395 612058 1890.000 LF $5.00000 $9,450.00
Thermoplastic Pavement Marking, 6 Inch
0400 612064 200.000 LF $8.00000 $1,600.00
Thermoplastic Pavement Marking, 12 Inch
0405 612066 1290.000 LF $15.00000 $19,350.00
SDJH














 

District Department of Transportation
Thermoplastic Pavement Marking, 24 Inch
0410 612070 6.000 EACH $565.00000 $3,390.00
Thermoplastic Pavement Arrow
0415 612092 8.000 EACH $2,000.00000 $16,000.00
Truck Mounted Attenuator
0420 612100 6.000 EACH $5,000.00000 $30,000.00
Portable Changeable Message Sign
0425 612997 2000.000 LF $5.00000 $10,000.00
Traffic Control Special Item - LF - 612 995 Construction Fence
0430 614056 20.000 EACH $300.00000 $6,000.00
Root Pruning
0435 616995 20.000 EACH $530.00000 $10,600.00
Traffic Signing Special Item - EACH - 616 037 - Relocate Existing Ground
Mounted Sign
0445 402004 1800.000 TON $130.00000 $234,000.00
HMA Base Course, 25 mm
0455 000506 4.000 EACH $5,000.00000 $20,000.00
Unassigned Special Item -EACH - 620 116 INSTALL 1? STEEL PLATES
Section 0001 Total $8,736,737.56
Item Total $8,736,737.56
3DJH














 

Page 9 of 55DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
B.6 SCOPE OF PAYMENT
In accordance with Standard Specifications Section 109.02:
A. The Contractor shall receive and accept co mpensation 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 (“CL IN”) 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 ov erlap either by discrepancy in definition or
by the intricate nature of the work, payment w ill 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 pa rt 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 AC T 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 indi rect 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.














 

Page 10 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
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.
B.8 The total contract amount is $8,736,737.56.














 

Page 11 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
SECTION C: DESCRIPTION/SPECIF ICATIONS/ 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
15171 of the DC Power Line Undergrounding (DC PLUG) Program, located in Ward 8 and bound
by 10th Place SE, Stanton Road SE, Trenton Place SE, and Alabama Avenue SE 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 rela ted 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 fo r 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 concre te 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 di sturbed 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.
m) The installation and use of erosion a nd sediment control measures meeting
DDOT/DOEE standards and per plan.














 

Page 12 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
n) Dust control during pavement saw cutting and excavation operations.
o) Mobilization and demobilization, comple tion of field layout, provision and
maintenance of engineer's field facilit ies, 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 incide ntals necessary to obtain a complete and finished
product.
t) The Contractor shall be fully responsibl e 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
Standard Specifications for
Highways and Structures 2013
DDOT Standard Drawings https://d92016.eos-
intl.net/eLibSQL14_D92016_Docu
ments/396815346-Standard-
Drawings-2015-Full-Doc.pdf
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 2025 – Living
Wage Notice
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2025%20Living%20Wage%20No
tice2.pdf














 

Page 13 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
Way to Work Amendment Act of 2025 – Living
Wage Fact Sheet
https://ocp.dc.gov/sites/default/files
/dc/sites/ocp/publication/attachment
s/2025%20Living%20Wage%20Fa
ct%20Sheet2%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 exte
nt specifically stated herein.
For the convenience of the bidders, the following definitions from Sect ion 101.03 are specified
below. To the extent that the definitions be low modify and supplement Section 101.03, such
modified and supplemented definitions supersed e the corresponding definitions at Section
101.03.
Contract – The entire, integrated agreement between the District and the Contractor for the
Project. The Contract is made of the Contract Documents, and supersedes prior negotiations,
representations or agreements.
Contract Documents – The Contract documents co nsist 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, spec ifications, contract drawings, and other
documents listed in this cont ract form, and modifications i ssued 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, machin ery, equipment, staging, forms, tools, work
and storage space other than provided by the Co ntract, together with subsidiary essentials
and necessary maintenance for proper construction and acceptable completion of the
Project.
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














 

Page 14 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
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 Paym ent Form Monthly G.3
2. Subcontractor Approval Re quest Form As Needed I.5
3. Schedule Update Monthly G.1.B
4.. Certified Payrolls and Statement of Compliance Weekly H.2
C.5 CONTRACT
OR’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 agai nst 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, an d bare the expense of such injury or damage before Final
Acceptance except to the extent that such in jury 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 Projec t and shall 1 ) take su ch 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 newl y established plantings, seeding, and sodding
furnished under the Contract, and shall take necessary precautions to protect new tree
growth and other important vegetative growth against injury.
C.6 BRAND NAME OR EQUAL
A. If items called for by the Solicitation have b een identified by a brand name description, such
identification is intended to be descriptive, but not restrictive, and is to indicate the quality
and characteristics of products that will be sa tisfactory. The District will consider alternate
products to be equal if the Contract Administrator determines them to be equal in all material
respects to the brand name products referenced in the Solicitation.
B. The Contractor must provide al l descriptive material (such as cuts, illustrations, drawings, or
other information) necessary for the District to (i) determine whethe r the product offered
meets the requirements of the Contract. In ma king 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.














 

Page 15 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
SECTION D: PACKAGING AND MARKING
Not Applicable.














 

Page 16 of 55 DCKA-2025-C-0110
DC Power Line Underground (Feeder 15171)
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 s ubparagraph 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 no t 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 te rms 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 ac cess 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 sh all be responsible for any additional cost of
tests and inspection.
D. When a unit of government other than the Di strict, 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 requi rements, as directed by the
District. I f , h o w e v e r , t h e D i s t r i c t d e t e r m i n e s t h a t a c c e p t a n c e o f s u c h w o r k i s i n t h e p u b l i c
interest, the District may accept such materi al or workmanship and make an appropriate
downward adjustment in the Contract price. The Contractor shall promptly segregate and
remove rejected material from the premises at Contractor’s expense. 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 repl ace rejected material or correct rejected
workmanship, the District:
1. May, by Contract or otherwise, replace su ch 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 nonc onforming, 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, examination, 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 involved 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 co mpletes 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 Admini strator 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 wri tten acceptance shall include a description of specific work
accepted, and the Contractor may be relieved 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 writing Final
Acceptance of the Project.














 

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2. Unless otherwise provided in the Contract, Fin al 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 mistak es 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 Cont ractor has met all Contract requirements.
The Contractor remains responsible for the co rrection 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 sh all commence at Substantial Completion and
continue for a period of 2 years. If the Department declares partial Substantial Completion on
any portion of the Work in advance of Substantial Completion for the entire Project, the
warranty period for such portion shall comm ence on the date of partial Substantial
Completion and continue for a period of 2 years.
D. The Department, at any time during the warra nty period, may conduct an inspection of the
Work in order to determine conformance to the Contract. If the Department reasonably
determines that defective work of any nature is present and is the responsibility of the
Contractor, the Contractor shall immediately ma ke 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 469 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 th e Contract, the Contractor shall submit to the
District, as a deliverable, all reports required by First Source Empl oyment Agreement (see
H.5.E). If the Contractor does not submit the re port 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 CO MPLETE 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 Standa rd 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 subcontracto rs 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 prog ress 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 paymen t 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 Contract or shall enter all required information into the
Portal after selecting the applicable purch ase 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
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Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for th e period beginning on
the day after the required payment date and e nding 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 le gal 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. 3 rd day after the required payment date for meat or a meat product;
b. 5 th day after the required payment date for an agricultural commodity; or
c. 15 th 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
a n y a m o u n t p a i d t o t h e C o n t r a c t o r b y t h e D i s t r i c t f o r w o r k p e r f o r m e d b y a n y
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. 3 rd day after the required payment date for meat or a meat product;
b. 5 th day after the required payment date for an agricultural commodity; or














 

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c. 15 th 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 subcon tract 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 subcontr act under this contract a provision that obligates
the Contractor, at the election of the subcon tractor, 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 Contract or 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 amount s 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 be 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 co rrection 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 signatur e 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
G.6 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT
This Section applies only to locally-funded cont racts 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 Employment Agreement
requirements.
G.7 CONTRACTING OFFICER (CO)
Contracts will be entered into and signed on behalf of the District only by contracting officers.
The contact information for the Contracting Officer is:
Carol Hessler
Office of Contracting and Procurement
250 M Street, SE, 7th Floor.
Telephone: 202 812-9245
E-mail: carol.hessler@dc.gov














 

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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 instru ction 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 pr ice to cover any cost increase incurred as a
result thereof.
D. The Contractor will be fully responsible for an y changes not authorized in advance, in writing,
by the CO; may be denied compensation or other relief for any additional work performed
that is not so authorized; and may also be required, at no additional cost to the District, to
take all corrective action necessitated by reason of the unauthorized changes.
The Contracting Officer is:
Carol Hessler
Deputy Chief Contracting Officer
250 M Street, SE
Washington, DC
Carol.hessler@c.gov
G.9
CONTRACT ADMINSTRATOR (CA)
A. The address and telephone number of the Co ntract Administrator (CA) is: Cesar,Barreto
email: cesar.barreto@dc.gov and phone number is (202-423-1968).
B. For the purposes of the Contract, “Contract Adminis trator” 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 Specifications or Statement of Work, and monitoring the progress and
quality of the Contractor’s performance. Other responsibilities include:
1. Keeping the CO fully informed of any tec hnical 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 Cont ractor personnel, if applicable;
3. Reviewing and approving invoices for comp leted work if the Co ntractor’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.














 

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This includes the timely processing of invo ices 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 Contra ct correspondence, modifications, records of
inspections (site, data, equipment, etc.) and invoice or vouchers.
C. The CA shall NOT have the authority to:
1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make
contractual agreements, commitments or modifications;
2. Grant deviations from or waive any of the terms and conditions of the Contract;
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the
Contract,
4. Authorize the expenditure of funds by the Contractor;
5. Change the period of performance;
6. Substitute key personnel without CO approval; or
7. Authorize the use of District property, except as specified under the Contract.














 

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SECTION H: Contract Clauses
H.1 HIRING OF DISTRICT RESIDE NTS AS APPRENTICES AND TRAINEES
A. For all new employment resultin g 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 apprentice s 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 nego tiate an Employment Agreement with the Department of
Employment Services (DOES) for jobs created as a result of this contract. The DOES shall be
the Contractor’s first source of referral fo r 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 Specificatio ns is modified and supplemented as follows:
In accordance with applicable provisions of 29 CFR Part 1 which require that the correct wage
determination and the appropriate wage rates th erein be incorporated into this contract.
General Wage Decision No. DC20250001, Dated 01/16/2026 Mo dification # 2 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 Pa rt 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 da te of the Contractor’s payroll period, the
Contractor shall submit all certified payrolls and the accompanying Statement of Compliance
electronically using LCPTracker, the DDOT elec tronic 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 Work ers Fairness Act of 2016 , D.C.
Official Code § 32-1231.01 et seq.
A. The Contractor shall not:
1. Refuse to make reasonable accommodati ons to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee,
unless the Contractor can demonstrate that the accommodation would impose an undue
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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
o n t h e n e e d o f t h e e m p l o y e r t o m a k e r e a s o n a b l e a c c o m m o d a t i o n s t o t h e k n o w n
limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;
4. Require an employee affect ed by pregnancy, childbirth, related medical conditions, or
breastfeeding to accept an accommodation th at the employee chooses not to accept if
the employee does not have a known limitation related to pregnancy, childbirth, related
medical conditions, or breastfeeding or th e 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 writ ten 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-Discriminat ion 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 f ill 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 requi rements 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 mone tary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance reports, or deliberate
submission of falsified data.
G. If the Contractor does not receive a good fait h 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 subcontrac t 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 reco rds under the contract in the regular course of
business for a period of at leas t 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 su bject t o 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 employ ee 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 jo b 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 em ployees subject to the Living Wage Act of
2006;
7. Tenants or retail establishments that o ccupy 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 ca re 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 Medi caid 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 prohibits














 

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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 DISABI LITIES 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 least 35% of the dollar volume of the Contract
shall be subcontracted to qualified small business enterprises (SBEs).
2. If there are insufficient SBEs to completely fulfill the requirement of paragraph H.9.A.1,
the Contractor may satisfy the requirement by subcontracting 35% of the dollar volume
to any qualified certified business enterprises (CBEs); provided, however, that all
reasonable efforts shall be made to ensure that SBEs are significant participants in the
overall subcontracting work.
3. A prime contractor that is certified by DS LBD as a small, local, or disadvantaged business
enterprise shall not be require d to comply with the provisio ns 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. Section 2345(b)(2)(A) (D.C. Official Code § 2-218.46(b)(2)(A)) is amended by striking the
phrase “the certified business enterprise perform at least 50% of the contracting efforts
with its own organization and resources and, if it subcontracts, 35% of the subcontracted
efforts shall be with certified business enterprises” and inserting the phrase “each
certified business enterprise holding a majority or minority interest in the certified joint
venture shall, with its own organization and resources, perform a percentage of the work
equal to or greater than its pe rcentage interest in the joint venture, and, if the certified
joint venture subcontracts, at least 35% of the subcontracted efforts shall be with
certified business enterprises.” in its place.
6. Each CBE utilized to meet these subcontr acting 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 b een 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 organiza tion and resources if the contract is $1
million or less.














 

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B. Subcontracting Plan
If the prime contractor is required to subcontract under the contract, it shall submit a
subcontracting plan as part of the bid, which may only be amended after award with the prior
written approval of the CO and the Director of DSLBD. Any reduction in the dollar volume of the
subcontracted portion resulting from an amendmen t 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 contra ctor 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 re port 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 co ntractor 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 pr ovide 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 breach ed 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 Cont ractor’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 Fa ir 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 em ployment, 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 employme nt, 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 regulati on requires the consideration of an applicant’s
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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 pr ograms, 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 vi olation of the Act may file an administrative
complaint with the District of Columbia O ffice 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 Ad ministrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the fo rms 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 $1,000,000.00 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)ථ– In accordance with the Buy American Act (41 U.S.C.
ŚĂƉƚĞƌϴϯͿ͕ĂƐĂŵĞŶĚĞĚ͕ƚŚĞථofferor/bidder and/or awarded ContractorථĂŐƌĞĞ;ƐͿථƚŽ
comply with the applicable requirements of this Act, including but not limited to the
following:
ථ
1. American Materials Required for Public Use
a. Allowable materials.—Only unmanufactured arti cles, 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 sectio n does not apply—
(i) ථƚŽĂƌƚŝĐůĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌƐƵƉƉůŝĞƐĨŽƌƵƐĞŽƵƚƐŝĚĞƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͖
(ii) to any articles, materials, or supplies procured pursuant to a reciprocal defense
ƉƌŽĐƵƌĞŵĞŶƚŵĞŵŽƌĂŶĚƵŵŽĨƵŶĚĞƌƐƚĂŶĚŝŶŐ;ĂƐĚĞƐĐƌŝďĞĚŝŶථƐĞĐƚŝŽŶϴϯϬϰŽĨh͘^͘͘
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-ƉƵƌĐŚĂƐĞƚŚƌĞƐŚŽůĚƵŶĚĞƌථƐĞĐƚŝŽn 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.—
EŽƚǁŝƚŚƐƚĂŶĚŝŶŐĂŶLJůĂǁŽƌƌĞŐƵůĂƚŝŽŶƚŽƚŚĞĐŽŶƚƌĂƌLJ͕ŝŶĐůƵĚŝŶŐථƐĞĐƚŝŽŶϭϵϬϳŽĨ
U.S.C. Title 41, the requirements of this section apply to all iron and steel articles,
materials, and supplies.
ථ
2. Contracts for Public Works
a. In General.—Every contract for the construc tion, alteration, or repair of any public
ďƵŝůĚŝŶŐŽƌƉƵďůŝĐǁŽƌŬŝŶƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐƐŚĂůůථĐŽŶƚĂŝŶĂƉƌŽǀŝƐŝŽŶƚŚĂƚŝŶƚŚĞ
performance of the work the contractor, subcontractors, material men, or suppliers
shall use only—
;ŝͿථථථ unmanufactured articles, materials, and supplies that have been mined or produced
in the United States; and
;ŝŝͿථථථථථ ථŵĂŶƵĨĂĐƚƵƌĞĚĂƌƚŝĐůĞƐ͕ŵĂƚĞƌŝĂůƐ͕ĂŶĚƐƵƉƉůŝĞƐƚŚĂƚŚĂǀĞďĞĞŶŵĂŶƵĨĂĐƚƵƌĞĚŝŶƚŚĞ
United States substantially all from articles, materials, or supplies mined, produced,
or manufactured in the United States.
b. Exceptions—This sectio n does not apply—
;ŝͿථථථථථථථථථථƚŽĂƌƚŝĐůĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌƐƵƉƉůŝĞƐĨŽƌƵƐĞŽƵƚƐŝĚĞƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐ͖
;ŝŝͿථථථථථථථථථƚŽĂŶLJĂƌƚŝĐůĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌƐƵƉƉůŝĞƐƉƌŽĐƵƌĞĚƉƵƌƐƵĂŶƚƚŽĂƌĞĐŝƉƌŽĐĂůĚĞĨĞŶƐĞ
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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;ŝŝŝͿථථථථථථථƚŽŵĂŶƵĨĂĐƚƵƌĞĚĂƌƚŝĐůĞƐ͕ŵĂƚĞƌŝĂůƐ͕ŽƌƐƵƉƉůŝĞƐƉƌŽĐƵƌĞĚƵŶĚĞƌĂŶLJĐŽŶƚƌĂĐƚǁŝƚŚĂŶ
award value that is not more than the micro-ƉƵƌĐŚĂƐĞƚŚƌĞƐŚŽůĚƵŶĚĞƌථƐĞĐƚŝŽŶϭϵϬϮ
of U.S.C. Title 41.
c. Particular article, material, or supply.—If th e 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 rega rded 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.
;ŝͿථථථථථථථථථWƌŽĚƵĐƚŝŽŶŽĨŝƌŽŶĂŶĚƐƚĞĞů͘—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.
;ŝŝͿථථථථථථථථථ>ŝŵŝƚĂƚŝŽŶŽŶĞdžĐĞƉƚŝŽŶĨŽƌĐŽŵŵĞƌĐŝĂůůLJĂǀĂŝůĂďůĞŽĨĨ-the-shelf items.—
EŽƚǁŝƚŚƐƚĂŶĚŝŶŐĂŶLJůĂǁŽƌƌĞŐƵůĂƚŝŽŶƚŽƚŚĞĐŽŶƚƌĂƌLJ͕ŝŶĐůƵĚŝŶŐථƐĞĐƚŝŽŶϭϵϬϳŽĨ
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.
ථ
3. Implementing FAR Provisions
a. The BAAථprovides 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,ථĂŶĚĂĐŬŶŽǁůĞĚŐĞ;ƐͿƚŚĂƚƚŚĞ&ZƉƌŽǀŝĚĞƐĂƚǁŽ-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:
;ŝͿථථථථථථථථƚŚĞĞŶĚƉƌŽĚƵĐƚŵƵƐƚďĞŵĂŶƵĨĂĐƚƵƌĞĚŝŶƚŚĞh͘^͖͘ĂŶĚ ථ
(ii) in calendar year 2024 more than 65 pe rcent 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
ĐŽŵƉŽŶĞŶƚƐŵƵƐƚďĞϵϱƉĞƌĐĞŶƚƚŽƋƵĂůŝĨLJĂƐĂĚŽŵĞƐƚŝĐĞŶĚƉƌŽĚƵĐƚ͘ථdŚĞ&ZƉƌŽǀŝĚĞƐ
similar standards for domestic construction materials.
ථ
4. Additional FAR Required Contract Clauses
ථ
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 physic al place or places where the construction
called for in the contract
a. Contractor may have to utilize multiple sh ifts 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 sh all 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 reco nciliation 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 extr act 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 re view a revised plan for completing the
project within the remaining time.
The Contractor must be aware that part of th e work may include coordination with various
Government agencies, National Park Service and Utility Companies. Delay by any outside sources
will not constitute grounds for waiving this provision.














 

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SECTION I: CONTRACT CLAUSES
I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS
Except to the extent supplemented and modified, or superseded, by the terms of the Contract,
Standard Specifications for Highways and Structures (2013) (“Standard Specifications”) applies to
this Contract. The Standard Specifications may be found at: http://ddot.dc.gov/page/standard-
specifications-highways-and-structures.
I.2 CONTRACTS THAT CROSS FISCAL YEARS
The District’s obligation for performance of the Contract beyond the fiscal year is contingent
upon the availability of appropriated funds from which payment for contract purposes can be
made. No legal liability on the part of District for any payment may arise for performance under
the Contract beyond the end of the fiscal year in which the Contract was awarded, until funds
are made available to the Contracting Officer fo r 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 govern ing 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 pr ior written approval fr om 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 Ap proval 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.
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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 Contractin g Officer may, but is under no obligation to,
request that the Contractor provide written eviden ce of a subcontractor’s responsibility. Such
action on the part of the Contracting Officer in no way limits the Contractor’s responsibility under
this subparagraph D.
I.6 TIME
Time, if stated as number of days, will include Saturdays, Sundays, and holidays, unless otherwise
stated herein.
I.7 FREEDOM OF INFORMATION ACT
The District of Columbia Freedom of Information Act, at D.C. Official Code §2-532 (a-3), requires
the District to make available for inspection and copying any record produced or collected
pursuant to a District contract with a private contractor to perform a public function, to the same
extent as if the record were ma intained by the agency on whose behalf the contract is made. If
the Contractor receives a request for such info rmation, the Contractor shall immediately send
the request to the CA who will provide the re quest 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 Contract or is required by law to provide all responsive
records to the CA within the timeframe desi gnated 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 ac c o r d a n c e w i t h D . C . O f f i c i a l C o d e § 2 - 5 3 2 a n d
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
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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-
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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. Media Liability and 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 umbr ella with minimum limits of $5,000,000 per
occurrence and $5,000,000 in th e annual aggregate. Coverage must excess of required
commercial general liability, commercial auto liability, and employers’ liability. The
insurance required under this paragraph shall be written in a form that annually reinstates
all required limits. Coverage shall be prim ary 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) - Th e Contractor shall pr ovide 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 Di strict. The Government of the District of
Columbia shall be included as loss payee. The policy shall provide a limit of $100,000 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 apply to bodily injury,
property damage (including loss of use of damaged property or of property that has been
physically injured), clean-up costs, transit and non-owned disposal sites. Coverage shall
extend to defense costs and expe nses 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 silica. 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
The Contractor shall require all of its subcontractors to carry at a minimum the
insurance coverage and limits proportionate to the Sub-Trade Contractor contract
value, scope and risk. The Contractor shall ensure all tiers of his Sub-Trade
Contractors maintain insurance in like form and amounts, including the Additional
Insured requirements. Each Sub-Trade Contractor shall provide Certificates of
Insurance and applicable endorsements to the Contractor prior to the start of the
Sub-Trade Contractor’s work on this project.
The required insurance shall be subject to the approval of the Contractor, but any
acceptance of insurance certificates by Contractor shall in no way limit or relieve
the Contractor of the duties and responsibilities stipulated in the Trade (Sub)
Contract Agreement.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self-insuran ce 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
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insurance or the limits of insurance specified herein are sufficient or adequate to
protect your interests or liabilities and will not in any way limit the contractor’s liability
under this contract.
G. 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 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














 

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The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of
the insurance policies. If the insurance initially obtained by the Contractor expires prior
to completion of the contract, renewal certificates of insurance and additional insured
and other endorsements shall be furnished to the CO prior to the date of expiration of
all such initial insurance. For all coverage required to be maintained after completion,
an additional certificate of insurance evidencing such coverage shall be submitted to the
CO on an annual basis as the coverage is renewed (or replaced).
K. 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 ca n 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;














 

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(ii) Data or other information in support of the claim;
(iii) A brief description of the Contractor’s efforts to resolve the dispute prior to filing
the claim; and
(iv) The Contractor’s request for relief or other action by the CO.
(2) The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.
(3) The CO shall issue a decision on any claim within 120 calendar days after receipt of
the claim. Whenever possible, the CO shall ta ke 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, includi ng 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 dete rmined 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 docume nt 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 Contra ct 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 si x (6) years of the commission of the
misrepresentation of fact or fraud.
(7) Pending final decision of an appeal, acti on, or final settlement, the Contractor shall
proceed diligently with performance of the Co ntract in accordance with the decision
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(b) Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause,
means a written demand or written assertion by the District seeking, as a matter of right,
the payment of money in a sum certain, the adjustment of contract terms, or other relief
arising under or relating to the Contract. A claim arising under a contract, unlike a claim
relating to that contract, is a claim that ca n be resolved under a contract clause that
provides for the relief sought by the claimant.
(1) The CO shall decide all claims by the District against a contractor arising under or
relating to a contract.
(2) The CO shall send written notice of the cl aim to the Contractor. The CO’s written
decision shall do the following:
(i) Provide a description of the claim or dispute;
(ii) Refer to the pertinent contract terms;
(iii) State the factual areas of agreement and disagreement;
(iv) State the reasons for the decision, including any specific findings of fact,
although specific findings of fact are not required and, if made, shall not be binding
in any subsequent proceeding;
(v) If all or any part of the claim is determ ined to be valid, determine the amount of
monetary settlement, the contract adjustme nt 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 reason s 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 stat ute 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 s ubject 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, acti on, or final settlement, the Contractor shall
proceed diligently with performance of the Contract in accordance with the decision of
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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 defa ult, the Contractor is liable for any cost of
acquiring the remaining work that exceeds the am ount 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 INVESTIGAT ION – CONSTRUCTION
A. The Contractor acknowledges that it has ta ken 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 whic h can affect the Work or its cost, including but not limited
to:
1. conditions bearing upon transportation, disp osal, handling, and storage of materials;
2. the availability of labor, wate r, electric power, and roads;
3. uncertainties of weather, river stages, tide s, 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, require d 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 fr om 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 Co ntractor 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 th e Work, or for proceeding to
successfully perform the Work without additional expense to the District.
C. The Contractor is solely re sponsible 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 offi cers 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














 

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During the performance of the Contract, the Contractor shall comply with the DC Human Rights
Act of 1977, D.C. Official Code § 2-1401 et. seq., as amended. The Contractor shall ensure that all
subcontracts contain this requirement.
I.14 AMERICANS WITH DISABILITIES ACT REQUIREMENTS
This clause supersedes Standard Specification Section 102.10, “Employment of the Handicapped.”
Pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, as amended, the DC Human Rights
Act of 1977, and the Americans With Disabilities Act, the Contractor and all Subcontractors agree
not to discriminate against any person with disabilities who is qualified to perform the job. The
Contractor also agrees to take Affirmative Ac tion to hire, advance, and treat persons with
disabilities without discrimination.
I.15 ORDER OF PRECEDENCE
This paragraph supersedes Standard Specific ations Section 103.01 Article 2 “Order of
Precedence.”
The Contract Documents are complimentary, and different requirements within the Contract
Documents shall only be deemed in conflict if compliance with both cannot be achieved. In the
event of a conflict between the terms of the Contract, the Contract Documents apply in the
following order of precedence:
1. Task Orders and Modifications
2. The Contract
3. Contract Attachments, including Supplementary Specificat ions, 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 pr iority over other different scale drawings and de
tails; and
8. Large scale drawings and details have prio rity over small scale drawings and details.
I.16 STANDARD TERMS AND CONDITIONS
The following sections of the Standard Specificat ions, 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














 

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Article 10 Transfer or Assignment
Article 11 Material and Workmanship
Article 13 Superintendence by Contractor
Article 14 Permits and Responsibilities
Article 15 Indemnification
Article 16 Protection Against Trespass
Article 17 Conditions Affecting the Work
Article 19 Patent Indemnity
Article 20 Covenant Against Contingent Fees
Article 21 Appointment of Attorney
Article 22 Officials Not to Benefit
Article 23 Waiver
Article 25 Taxes
Article 26 Suspension of Work
Article 27 Safety Program
Article 28 Retention of Records
Section 107.15 Contractor’s Responsibility for the Work
Section 108.01 Subletting of Contract
Section 108.02 Notice to Proceed
Section 109.03 Extra and Force Account Work
Section 109.04 Eliminated Items
Section 109.07 Payment for Stockpiled Materials














 

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SECTION J: ATTACHMENTS
The following attachments are incorporated into the Solicitation and the awarded Contract.
Attachment
Number Document
J.1
U.S. Department of Labor Wag
e Determination DC20250001, Dated
01/16/2026 , Modification 2, 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 Rep ort
J.4 DDOT Davis Bacon C ompliance Requirements, Certified Payroll, And Weekly
Compliance
J.5 DDOT Monthly Equal Employment Opportunity Utilization Report
J.6 Subcontractor Payment Form
J.7 Price Sch edule/Bid Form
TEC HNICAL REQUIREMENTS
J.8 Supplementary Specifications (also referred to as “Special Provisions”)
J.9 Project Drawings
J.10 Pepco Stand ard Details and Drawings
J.11 Duct Certification Procedures
J.12 Duct Certification Form
J.13 DC PLUG Typical MOT Drawings














 

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Attachment
Number Document
J.14 DC Water Horizon tal and Vertical Mitigation Table
J.15 Temporary Support of E xcavation
J.16 Notice of Prohibition of Sexual Hara ssment in the Workplace