Proposed Contract No. DCAM-26-CS-IFB-0001 with United Construction Services, LLC

MURIEL BOWSER
MAYOR
June 29, 2026
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 definitive Contract No. DCAM-26-CS-IFB-0001 with United Construction Services, LLC in
the not-to-exceed amount of $11,342,682.85 including the Letter Contract amount of $950,000
from $10,392,682.85. The contract’s period of performance is from June 9, 2026, through June
14, 2027.
Under the proposed contract, United Construction Services, LLC, will provide all labor,
materials, equipment, hazardous material abatement, supervisions, and other services for the
construction of the Sycamore Drive SE infrastructure and roadway improvements.
My administration is available to discuss any questions you may have regarding the proposed
contract. In order to facilitate a response to any questions you may have, please contact Delano
Hunter, Director, Department of General Services (“DGS”), or have your staff contact Dr. Jacque
McDonald, Associate Director and Chief Procurement Officer, DGS, at (202) 727-2800.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

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

COUNCIL CONTRACT SUMMARY
(Definitive Letter Contract)

(A) Contract Number: DCAM-26-CS-IFB-0001

Contractor: United Construction Services, LLC

Contractor’s Principals: Kathy Ade, CEO

Proposed Contract Amount: Not-to-Exceed Amount $11,342,682.85
($950,000.00 Letter Contract + $10,392,682.85
Definitive Contract)

Unit and Method of Compensation: Progress payments based on Fixed Unit Prices

Term of Contract: 370 calendar days from the date of the Contracting
Officer’s execution of the Notice to Proceed and
Letter Contract (June 9, 2026, through June 14,
2027).

Type of Contract: Fixed Unit Prices with NTE amount

Source Selection Method: Competitive Sealed Bid (Invitation for Bid)

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

N/A

(C) The date on which the letter contract was executed:

The Notice to Proceed and Letter Contract was executed on June 9, 2026.

(D) The number of times the letter contract has been extended:

2

The Letter Contract has not been extended.

(E) The value of the goods and services provided to date under the letter contract, including
under each extension of the letter contract:

The total value of the goods and services provided to date under the Letter Contract is $950,000.00
which represents the not-to-exceed amount established by the Letter Contract.

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

If approved, the Contractor’s scope of work shall include, but is not limited to, site and utility
demolition within the project limits of disturbance, erosion and sediment control measures, new
underground wet and dry utilities, and a new roadway for approximately 1183 linear feet (“LF”)
for Sycamore Drive SE, including intersections at Cypress Street SE, Pecan Street SE, and
approximately 295 LF for Redwood Drive SE. The scope of work also includes construction of
storm sewer and sanitary sewer infrastructure improvements and related streetscape and erosion
and sediment (“E&S”) control measures.

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

On December 15, 2025 , the Department issued an Invitation for Bids (“IFB”) to engage a
contractor for the Project. On the bid due date, January 30, 2025, two companies (collectively, the
“Bidders” and each individually, a “Bidder”) submitted bids in a timely manner.

At the virtual bid opening, the Department reviewed each Bidder’s Offer Letter and Bid Form and
reported each Bidder's Grand Total price to complete the Project. Each Bidder’s Grand Total was
determined by adding the total price for each line item required by the IFB , plus allowance.
Utilizing the Bidder's preferences as determined by the Department of Small and Local Business
Development (“DSLBD”), each Bidder's Evaluated Bid Price was determined by reducing the
Bidder's total price by the appropriate percentage. The lowest apparent bidder was the Contractor.

After the bid opening, a comprehensive review of the bid submitted by the Contractor was
conducted and the bidder was determined responsive. In addition, due to the critical nature of the
services, the IFB included Special Standards of Responsibility to ensure the selected Bidder
maintained the requisite experience and expertise to perform the work. A thorough review of the
information submitted by the Contractor in response to the Special Standards of Responsibility
provided that the Bidder met each standard. Having met both the Standards of Responsibility
described in 27 DCMR § 4706 and the Special Standards of Responsibility provided in the IFB ,
the Contracting Officer, by written determination, found the Bidder responsible.

Pursuant to the IFB, having found: (i) the Contractor’s bid responsive; (ii) the Contractor’s bid to
be the lowest evaluated price; and (iii) the Contractor responsible, the Contracting Officer,

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concluded that it was advantageous to award Contract No. DCAM -26-CS-IFB-0001 to the
Contractor.

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

The award of the Contract was not protested.

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

The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.

(J) 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:

The Contractor has been in business since 2016, is a general contractor and civil subcontractor that
self-performs underground utility, sitework, concrete infrastructure, and other specialty civil
services throughout the DC Metropolitan area. The Contract or is a certified business enterprise
(“CBE”) and has completed a number of utility and infrastructure improvement projects for the
District including the McMillan Site Development, Water Main, Electrical Conduit and Manholes
at St. Elizabeths East Campus, site utility package for the new DC Animal Shelter and sanitary
sewer and water lines for the Frederick Douglas Bridge project. Collectively, this experience
reflects strong financial stability, organizational capacity, and proven performance on projects of
similar scope and complexity to the proposed contract. Additionally, the Contractor has been
determined responsible in accordance with Title 27 DCMR §4706.

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

The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSDZ62925072026). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.

Total Contract Amount $11,342,682.85
United Construction Self-perform $11,342,682.85

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

In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS’ designated Program Manager (“PM”). All deliverables require the review
and approval of the Contracting Officer’s Technical Representative (“COTR”) and the Office of
the Deputy Mayor for Economic Development (DMPED). In addition, the DGS PM will closely
monitor the project schedule and important milestone dates to ensure essential project milestones
are met. Finally, all work performed by the Contractor must be provided in accordance with the
Department of General Services Standard Contract Provisions (General Provisions) for
Construction contracts, Released for Construction Contract Plans for Sycamore Drive SE
Infrastructure Improvements (Contract Plans), the District Department of Transportation
(“DDOT”) Standard Specifications for Highways and Structures, 2013 with 2020 Revisions,
(“DDOT Gold Book”) and, the Project’s Special Provisions.

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

The Letter Contract executed by the Department on June 9, 2026, provides for a not-to-exceed
amount of $950,000.00 representing the total expenditure of funds authorized to date.

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

The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with §§47-392.01 and 47- 392.02. The applicable Fiscal Sufficiency
certification accompanies this Council Package.

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

The proposed Contract has been deemed legally sufficient by the Department’s Office of the
General Counsel and the Contractor does not appear to have any current pending legal claims
against the District.

(P) 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):

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The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.

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

The Contractor has certified that it is current with its federal taxes.

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

According to the DSLBD website, the Contractor is a certified Local, Small, and Disadvantaged
business enterprise located in Development Enterprise Zone. The Contractor’s CBE Number is
LSDZ62925072026, with an expiration date of July 9, 2026.

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

N/A

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

The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts & Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.

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

None

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

Contract award information will be published on the DGS website.

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

The original solicitation and any amendments can be found on the Department’s web site at
https://procurement.opengov.com/governments/6358/projects/222921/manage

6

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

Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a; and will not be in violation of D.C. Official Code §
1-1163.34a.

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The Contractor currently holds the following contracts with the District:

Contract Number Project Caption
Project
Value
230020-C SDWMR 16B PROGRAM $3,481,452
19110031-002 VLSLR Lead Water Services Replacement
DCW-SOL-22-10152 $2,610,726
230030.09 CPDC Package 15 $504,289
25-0022 Anchor IR&R $27,220
24-0012 CPDC Thermo $633,476
20-0002 FMCC - NHPP $147,256
24-0025 25-0025 Garfield FMCC $1,358,087
25-0024 Connecticut Ave Streetscape $1,959,840
25-0029 DCW - Water & Sewer IR&R (Geopolymer
Lining) $67,000
25-0021 25-0021-FM 13th St Connector $2,483,637
25-0027 25-0027-MP LFDC Pkg 18 $1,008,050
25-0028 25-0028-MP LFDC Pkg 19 $1,497,195
25-0030 25-0030-FM LFDC Pkg 20 $15,787,365
25-0028 25-0028-MP LFDC Pkg 19 (Rev) $1,551,976

The Contractor is currently seeking the following opportunities with the District:

Contract Number Project Caption
Project
Value
1. 260060 DC Water - Water Main Infrastructure
Repair and Replacement
$35-$45
million
2. 230020.08 DC Water - SDWMR 19C $15-$20
million

1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 5, 2026 L0016491451Notice Number:
FEIN: **-***3418
Case ID: 18957619

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
UNITED CONSTRUCTION SERVICES
316 F ST NE
WASHINGTON DC 20002-4917

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

Office of the Chief Financial Officer

Memorandum

To: Delano Hunter
Director

From: Antoinette Hudson-Beckham
Agency Fiscal Officer

Reference: Redevelopment St. Elizabeths East Campus – Sycamore Drive SE
Infrastructure Improvements

Date: June 10, 2026

Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state that the contract for the infrastructure improvements for Sycamore
Drive SE (DCAM-26-CS-IFB-0001) with United Construction Services, LLC in the amount of
Ten Million Three Hundred Ninety-Two Thousand Six Hundred Eighty-Two Dollars and Eighty-
Five Cents ($10,392,682.85) is consistent with the Department’s current budget and adequate
funds are available in the budget for “capital eligible” expenditures.

Per the Contracts & Procurement (C&P) team, the Department of General Services (DGS) issued
a letter contract in the amount of $950,000.00. The letter contract was funded under PO7 41198.
The Department is now seeking approval to increase the contract amount by $10,392,682.85 to
$11,342,682.85 ($10,392,682.85 + $950,000.00).

The Department of General Services (DGS – Seller AGY) has $11,342,682.85 in the Office of the
Deputy Mayor for Planning and Economic Development (DMPED – Buyer AGY) interagency
capital budget authority balance.

Page 2 of 5

2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283

The PASS/DIFS information is listed below/attached.

Project Name Project
Number
Fund
Detail AY Seller
AGY
Buyer
AGY RQ/PO Amount Comments
OFFICE OF THE DEPUTY
MAYOR FOR PLANNING AND
ECONOMIC DEVELOPMENT
300206 3030300

N/A

AM0 EB0 PO741198 $950,000 Letter
Contract
OFFICE OF THE DEPUTY
MAYOR FOR PLANNING AND
ECONOMIC DEVELOPMENT
300206 3030300 N/A AM0 EB0

RK328253

$10,392,682.85

Proposed
Increase
TOTAL $11,342,682.85

Antoinette Hudson-Beckham
Agency Fiscal Officer
Department of General

Contracts & Procurement

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs

FROM: Shaley Williams
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Contract for Construction Services – Sycamore Drive SE
Infrastructure Improvements

Contract Number: DCAM-26-CS-IFB-0001
Contractor: United Construction Services, LLC

DATE: June 12, 2026
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced proposed Contract and
has found it to be legally sufficient, subject to submission of: (i) any required materials and
Council approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued
by the Department of General Services’ Agency Fiscal Officer.

Please feel free to contact me at (202) 727-2800 with any questions.

____________________________
Shaley Williams
Senior Assistant General Counsel

DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

Page 1 of 87

SECTION A: AWARD/CONTRACT

1a. Caption Page of Pages
Redevelopment St. Elizabeths East Campus – Sycamore
Drive Infrastructure Improvements

1b. Market Type
SBE Set-Aside
1 89
2. Solicitation/Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
DCAM-26-CS-IFB-0001 See Block 18C RK328253 and PO741198
5. Issued By: 6. Administered by (If other than line 5)
Department of General Services
Contracts and Procurement Division
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019
Department of General Services
Capital Construction Division
3924 Minnesota Avenue NE 5th Floor
Washington, Dc 20019
7. Name and Address of Contractor

United Construction Services, LLC
316 F Street NE
Washington, DC 20002
8. Delivery
FOB Origin Other
9. RESERVED

10. Submit invoices as described in Section G.
11. RESERVED 12. Payment will be made by
Government of the District of Columbia
Department of General Services
Office of the Chief Financial Officer
3924 Minnesota Avenue NE 4thn Floor
Washington, DC 20019
13. Acknowledgement of Amendments
The Bidder acknowledges receipt of amendments to the solicitation
Addendum 1 – 5
Amendment No. Date

14. Supplies/Services/Price - $11,342,682.85 See Attachment J.2
15. Table of Contents
Section Description Pages
A COVER PAGE 1
B INTRODUCTION, CONTRACT TYPE AND PRICE SCHEDULE 2 - 6
C SCOPE OF WORK/SPECIFIC PROJECT SPECIFICATIONS 7 - 29
D PACKAGING AND MARKING 30
E INSPECTION AND ACCEPTANCE 31
F PERIOD OF PERFORMANCE AND DELIVERABLES 32 - 35
G CONTRACT ADMINISTRATION 36 – 41
H SPECIAL CONTRACT REQUIREMENTS 42 - 59
I CONTRACT CLAUSES 60 – 73
J LIST OF ATTACHMENTS 74 - 75
K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF BIDDERS 76
L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS 77 - 85
M EVALUATION FACTORS 86 - 87

16.This Item will be completed by the Contracting Officer
AWARD -
Your bid for the above referenced Solicitation including your Offer Letter and Bid Form (Attachment J.2) is hereby accepted. Contractor agrees to furnish
and deliver all items, perform all the services set forth or otherwise identified above and on any continuation sheets, for the consideration stated herein.

17A. Name and Title of Authorized Representative (Type or print)

18A. Name of Contracting Officer

Signature Signature

DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

Page 2 of 89

SECTION B
CONTRACT TYPE, SUPPLIES OR SERVICES AND PRICE/COST

B.1 INTRODUCTION

The District of Columbia Government , Department of General Services ( the “District”,
“Department” or “DGS”), on behalf of the Office of the Deputy Mayor for Planning and
Economic Development ( “DMPED”) is issuing this Invitation for Bids (“IFB” or
“Solicitation”) to seek a highly qualified contractor (“Contractor”) to provide all labor,
materials and equipment for the construction of the Sycamore Drive SE Infrastructure
Improvements project (the “Project”) in accordance with this IFB to include , but not
limited to: (i) Section C of this IFB; (ii) the Sycamore Drive SE Infrastructure Improvement
Contract Plans and Project Specifications and related Reference Information Documents
(RID’s) (Attachment J.1 ) including Released for Construction Contract Plans for
Sycamore Drive SE Infrastructure Improvements (Contract Plans) (Attachment J.1.1 );
(iii) the District Department of Transportation (“ DDOT”) Standard Specifications for
Highways and Structures, 2013 with 2020 Revisions, (“DDOT Gold Book”) (Attachment
J.1.2); (iv) Project Special Provisions ( Attachment J.1.3 ) and other associated
attachments in Section J.1 of this IFB ; (v) the DGS Standard Contract Provisions
(Attachment J.3); and (iv) other attachments identified in Section J of this IFB.

B.1.1 DESIGNATION OF SOLICITATION FOR THE SMALL BUSINESS SET-ASIDE
MARKET ONLY

This IFB is designated only for certified small business enterprise (SBE) bidders under
the provisions of the “Small and Certified Business Enterprise Development and
Assistance Act of 2014”, D.C. Official Code § 2-218.01 et seq., as amended. Bidders
must be certified as a SBE at time of submission.

B.2 TYPE OF CONTRACT

In accordance with Title 27 DCMR, Section 2402 and Section 2605 , the District
contemplates award of a fixed unit price contract with a not -to-exceed amount (“NTE
Amount” or “ Contract Ceiling”) equal to the total contract award amount for the
infrastructure and roadway improvements Project (the “Contract”).

B.3 PRICE SCHEDULE/BID FORM – Fixed Unit Price with NTE Amount

B.3.1 NTE Amount or Contract Ceiling
The Contractor shall be paid based on fixed unit prices for Contract item quantities,
subject to a Ceiling or a NTE Amount, as detailed in the Offer Letter and Bid Form
(Attachment J.2), to complete the Project. The Contractor understands that each
fixed unit price includes all labor, material, equipment, overhead, and profit
attributable to each line item or scope of work as further detailed in Attachment
J.2.
DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

Page 3 of 89

B.3.2 Significant Changes in the Character of Work

B.3.2.1 The District through its authorized contracting officers (“ Contracting
Officers” or COs”) reserves the right to make changes in quantities and
any other alterations in the work in accordance with Article 4, Paragraph
C of the Standard Contract Provisions for Construction Contracts as
further detailed in Attachment J.3 of this IFB.

The District, through its authorized Contracting Officers , reserves the
right to make, in writing, at any time during the Work such changes in
quantities and such alterations in the Work as are necessary to
satisfactorily complete the Project. Such changes in quantities and
alterations shall not invalidate the Contract nor release the Contractor’s
surety, and the Contractor agrees to perform the Work as altered.

B.3.2.2 If the alterations or changes in quantities significantly change (per
Section B.3.2.4) the character of the Work under the Contract, whether
or not changed by any such different quantities or alterations, an
adjustment, excluding loss of anticipated profits, will be made to the
Contract. The basis for the adjustment shall be agreed upon prior to the
performance of the Work. If a basis cannot be agreed upon, then an
adjustment will be made whether for or against the Contractor in such
amount as the C ontracting Officer may determine to be fair and
equitable, with no delay to the performance of the work by the
Contractor.

B.3.2.3 If the alteration or changes in quantities significantly change the
character of the Work to be performed under the Contract, the altered
Work will be paid for via a Change Order to the Contract.

B.3.2.4 The term “significant ly change” shall only apply to the following
circumstances:

B.3.2.4.1 When the character of the Work as altered differs materially
in kind or nature from that involved or included in the Contract; or

B.3.2.4.2 When an item of Work is increased or decreased by more
than 25 percent of the original Contract quantity or results in a change
of Contract price by $50,000, whichever is less. Any adjustment for an
increase or decrease in price shall apply only to that portion in excess of
125 percent of the original Contract item quantity, or in case of a
decrease below 75 percent, to the actual amount of Work performed.
For the avoidance of confusion, no adjustment in price shall be made if
the Contract quant ities increase/decrease by 25 percent of the original
DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

Page 4 of 89

Contract quantities or less. This does not apply when an item of the
Work is deleted in its entirety.

B.3.3 Work Included in the NTE Amount

The bidder (“Bidder”) acknowledges and understands that the NTE Amount is
based on the scope of work (“ Scope of Work ”) (Section C), Contract Plans, and
Specific Project Specifications including the Sycamore Drive SE Infrastructure
Improvement Project Specifications and related Reference Information Documents
(RID’s) provided in Attachments J.1.1 through J.1.13, which are incorporated
into the Contract awarded pursuant to this IFB. It is understood and agreed that the
NTE Amount, based on fixed unit prices and Contract item quantities, represents
the Bidder’s bid to complete the Project. The Department and the Contractor (the
“Parties”) acknowledge and agree that the Contractor shall provide all labor,
materials, and equipment to complete the Project as contemplated in the Contract
Documents, for the NTE Amount and consistent with the Project Schedule
(“Project Schedule”). In furtherance of such agreement, the Contractor assumes
the risks associated with , and shall be responsible for : (i) any changes in market
conditions that affect the cost of labor or materials; (ii) coordination issues between
the drawings; (iii) elements of work not shown on the Contract Documents, but
which are reasonably inferable from the Contract Documents to be required or
necessary to complete the Work; (iv) cost associated with acceleration of the Work
and expediting of materials necessary to meet the Project Schedule which are the
result of anything other than an excusable delay; and (v) the risk of subcontractor
default or non-performance. It is understood and agreed by the Parties that items
(i) through (v) listed in the preceding sentence are not intended to be an exclusive
list of the risks assumed by the Contractor and that such items represent a partial
list of the risks assumed by the Contractor.

B.3.4 Basis of NTE Amount

The NTE Amount is based on the following documents that are incorporated into
the IFB and resulting Contract:

B.3.4.1 All applicable documents listed in Section C.2 of this IFB.

B.3.4.2 Attachments in J.1.

Sycamore Drive SE Infrastructure Improvement Drawings and
Specific Project Specifications including Attachments J.1.1 through
J.1.13.

B.3.4.2 Contract Attachments J.2 through J.15.

B.3.4.3 Allowances – In addition, the following Allowances are included in the
NTE. T he use of the Allowances shall require the approval of the
DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

Page 5 of 89

COTR.

Project Allowance - Project Allowance will be used to cover
unforeseen as it relates to unsuitable/contaminated soils which are
prevalent on the campus.

Regulatory Inspection Allowance – The Regulatory Allowance will
be used for all permits and applicable fees as assessed by the various
regulatory agencies.

Urban Forestry Tree Permit Fee Allowance – The Urban Forestry
Tree Permit Fee Allowance includes the specific and established amount
required for the permit.

B.4 ACKNOWLEDGEMENT OF REVIEW OF CONTRACT DOCUMENTS

Before submitting its bid in response to this IFB, the Bidder acknowledges that it reviewed
the Drawings and Specifications for accuracy, constructability, and completeness and was
required to bring such deficiencies to the attention of the Department so that the
Department’s architect/engineer (“ Architect/Engineer” or “A/E”) can address any such
deficiencies. The Contractor acknowledges that any deficiencies it identifies after
submitting its bid shall not be the basis for a change in the NTE Amount or delaying the
Project Schedule to the extent that any such deficiencies in the Drawings and Specifications
could have been identified by prior review of a competent prospective contractor or are
considered to be reasonably inferred to be required to complete the Work.

B.4.1 During the term of the Contract, should any errors, omissions,
ambiguities or discrepancies be found in the Contract Documents, or
should there be found any discrepancies between the Contract
Documents to which the Contractor has failed to call attention before
submitting its bid, the Contractor shall bring any such errors,
omissions, ambiguities or discrepancies to the attention of the
Department, and the Department will interpret the intent of the
Contract Documents. The Contractor agrees to abide by and to carry
out the Work in accordance with the decision of the Department with
no delay . Wherever the intent of the Contract Documents is not
indicated clearly or there is a conflict between the Contract
Documents, the awarded Contractor will be held to have included in
the NTE Amount the more expensive material or method of
construction and the quantity of material.

B.4.2 If any item or material shown on the Contract Plans is omitted from the
Specific Project Specifications, or vice versa (except when the Contract
Plans and Specific Project Specifications clearly exclude such omitted
item), and such item or material is required to complete the detail shown
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or specified, and if additional details or instructions are required to
complete the Work, then the Contractor is deemed to have made an
allowance in the NTE Amount for the completion of the Work,
consistent with adjoining or similar details and the best accepted
practices of the trade for projects of this type and quality, whichever is
more expensive, unless such additional information was not reasonably
inferable fr om the Contract Documents. Without limiting the
Contractor’s other duties, in the case of a difference among the Contract
Documents as to the Contractor’s obligations, or an inconsistency in the
Contract Documents, the Department will decide which requirement
governs; however, the Contractor shall assume that the more expensive
material or method of construction and the quantity of material shall be
required without a change to the NTE Amount.

B.4.3 Execution of the Contract by the Contractor is a representation that the
Contractor has thoroughly examined all Contract Documents, including
all details, plans, elevations, sections, schedules and diagrams, has
visited the site, has become familiar with local conditions under which
the Work is to be performed, has correlated personal observations with
the requirements of the Contract Documents, and has satisfied itself
before executing the Contract as to all matters that can affect the Work
and its cost, including: (1) the nature of the la nd and subsoil; (2) the
form and nature of the site and surrounding areas; (3) details and levels
of existing pipe lines, conduits, sewers, drains, cables or other existing
services; (4) the quantities, nature and availability of the materials,
tools, equipment and labor necessary for the completion of the Work;
(5) the means of access to the site and any accommodation the
Contractor may require; (6) Familiarized themselves with the risks and
mitigation costs associated with the hazardous materials and
contaminated soils on the Project site; (7) uncertainties of weather and
physical conditions at the site; and in general to have obtained all
necessary information as to risk contingencies, climatic, hydrological
and natural conditions and other circumstances which may influence or
affect the Contractor’s performance of the Work. The Contractor waives
any and all claims against the Department arising from or relating to
such contingencies and conditions that are reasonably inferable from the
Contract Documents, in light of the required preconstruction review and
inspection and the Contractor’s expertise in the field of construction.
B.5 A Bidder responding to this solicitation shall be required to submit with its bid, any
subcontracting plan required by law. Bids responding to this IFB shall be deemed
nonresponsive and shall be rejected if the Bidder fails to submit a subcontracting plan
that is required by law.
B.5.1 In accordance with Section H.7.2.4, once executed by the Contracting Officer and
approved by the Director of DSLBD, only subcontractors appearing on the Contractor’s
approved Subcontracting Plan will be allowed to mobilize or perform work on the project
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until a modified subcontractor plan is filed by the prime contractor and approved in
writing by the Director of DSLBD. The contractor’s entire monthly pay request may be
held up if it includes work by subcontractors not on the approved subcontracting plan.
B.6 For contracts in excess of $250,000, at least 35% of the dollar volume of the contract
shall be subcontracted in accordance with section H.7. A Subcontracting Plan form shall
be submitted with all bids as detailed in Section H.7 of the IFB and Attachment J.5.

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SECTION C
SCOPE OF WORK/SPECIFIC PROJECT SPECIFICATIONS
C.1 SCOPE

The Contractor shall provide all labor, materials, equipment, hazardous material
abatement, supervision and other services for the construction of the Project in accordance
with this Section C, the Project Contract Plans (Attachment J.1.1 ), DGS Standard
Contract Provisions, DDOT Gold Book (Attachment J.1.2), Project Special Provisions
(Attachment J.1.3), and other associated attachments in Section J .1. The Contractor’s
scope of work shall include, but is not limited to , site and utility demolition within the
project limits of disturbance, erosion and sediment control measures, new underground wet
and dry utilities , and a new roadway for approximately 1183 linear feet (“LF”) for
Sycamore Drive SE, including intersections at Cypress St reet SE, Pecan Street SE, and
approximately 295 LF for Redwood Drive SE . The s cope of work also includes
construction of storm sewer and sanitary sewer infrastructure improvements and related
streetscape and erosion and sediment (“E&S”) control measures. Also refer to Sections
C.4 Background and C.5.3 Statement of Work herein for a further detailed Scope of Work.

C.2 APPLICABLE DOCUMENTS

The following documents are applicable to this procurement and are hereby incorporated
by reference:

No. Title Link/Address
1 DDOT Design and Engineering Manual
(DEM), 2019
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DEM-2019-
01-01_DDOT_DEM_Updates_FINAL.PDF
2 DDOT Standard Drawings, 2015 http://d92016.eos-
intl.net/eLibSQL14_D92016_Documents/396
815346-Standard-Drawings-2015-Full-
Doc.pdf
3 DDOT Standard Specifications, 2013,
with 2020 revisions (the Gold Book)

4 DDOT Work Zone Safety and Mobility
Policy
https://wiki.ddot.dc.gov/download/attachment
s/87098136/Work-Zone-Safety-and-Mobility-
Policy.pdf?api=v2
5 DDOT Environmental Policy and
Process Manual
https://ddotsites.com/documents/environment/
DDOT_EnvironmentalManual_2012.pdf
6 DDOT Right-of-Way Policies and
Procedures Manual, 2019
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/page_content/attachments/DDOT%20R
OW%20Manual%202019-07-31.pdf
7 DDOT Temporary Traffic Control
Manual Guidelines and Standards, 2006
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/publication/attachments/ddot_work_zon
e_temporary_traffic_control_manual_2006.pd
f
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No. Title Link/Address
8 DDOT Streetlight Policy and Design
Guidelines, 2013
https://wiki.ddot.dc.gov/download/attachment
s/9683
0607/Streetlight%20Policy%20and%20Desig
n%20Guidelines.pdf?api=v2
9 DDOT Green Infrastructure Standards,
2014
https://wiki.ddot.dc.gov/display/public/COMP
/Standards?preview=%2F108596200%2F113
331554%2F2014-
Final+DDOT+Green+Infrastructure+Standard
s+FINAL.pdf
10 DDOT Construction Management
Manual - May 2010 (Revised July 2010)
https://ddot.dc.gov/sites/default/files/dc/sites/
ddot/publication/attachments/ddot_constructi
on_management_manual_rev07-01-2010.pdf
11 DC Water Standard Specifications, 2020 https://dcwater.com/sites/default/files/enginee
ring/Standard%20Specifications.pdf
12 DC Water Project Design Manual, 2018

Volume 1 – Project Management
Volume 2 – Facilities Design Manual
Volume 3 – Linear Infrastructure Design
Manual
Volume 1 – Project Management

Volume 2 – Facilities Design Manual

Volume 3 – Linear Infrastructure Design
Manual
13 PEPCO Standard Drawings – Power
Distribution Standards
https://www.pepco.com/MyAccount/MyServi
ce/Pages/EngineeringDesignResources.aspx
14 Department of Energy & Environment
(“DOEE”) Storm Water Management
Guidebook, 2020
https://doee.dc.gov/swguidebook
15 DOEE Erosion and Sediment Control
Manual, 2017
https://doee.dc.gov/publication/soil-erosion-
and-sediment-control-resources
16 FHWA Manual on Uniform Traffic
Control Devices (MUTCD), 2009
https://mutcd.fhwa.dot.gov/kno_2009r1r2.htm

C.3 DEFINITIONS

The definitions at Section 101.03 of the DDOT Gold Book, as defined below, apply to
this Contract except to the extent specifically stated herein. For the convenience of the
Bidders, the following definitions from Section 101.03 are specified below. To the extent
that the definitions below modify and supplement Section 101.03, such modified and
supplemented definitions supersede the corresponding definitions at Section 101.03.

C.3.1 Chief Engineer – Refer to Section C.3.3 and Section G.9 of this IFB for the definition
and the roles and responsibilities of the contracting officer’s technical representative
(“Contracting Officer’s Technical Representative” or “COTR”).

C.3.2 Contract Form– The entire, integrated agreement between the District and the
Contractor for the Project including all attachments and referenced documents. The
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Contract is made of the Contract Documents, and supersedes all and any prior
negotiations, representations, and/or agreements.

C.3.3 Contracting Officer’s Technical Representative (“COTR”) – Refer to Section G.9 of
this IFB for definition, roles and responsibilities. The term COTR is synonymous with
the term “Engineer” and “Chief Engineer” for this Contract.

C.3.4 Contract Documents – The Contract Documents consist of the Solicitation Sections A-
K (the “Contract Form”), addenda issued prior to the execution of the Contract, the
price schedule, performance and payment bonds, specifications, special provisions,
Contract Plans, and other documents listed in the Contract Form, and modifications
issued after the execution of the Contract.

C.3.5 Department – Department of General Services.

C.3.6 Director – executive head of the Department of General Services.

C.3.7 District of Columbia Department of General Services – Is synonymous with the
“District”, “DGS”, or “Department.”

C.3.8 Engineer – Refer to Sections C.3.3 and G.9 of this IFB.

C.3.9 ESA – St. Elizabeths East Entertainment and Sports Arena.

C.3.10 Final Acceptance – The occurrence of all the events and satisfaction of all the conditions
with respect to the Work for completion of all aspects of the Contract as set forth in the
DDOT Gold Book Section 108.09 and the utility companies have performed final
inspections and provided acceptance. Final payment shall not be made until all required
documentation necessary for acceptance into the DDOT roadway system has been
submitted from the Contractor to the Department.

C.3.11 Plant – All physical resources, facilities, machinery, equipment, staging, forms, tools,
work and storage space other than provided by the Contract, together with subsidiary
essentials and necessary maintenance for proper construction and acceptable completion
of the Project.

C.3.12 Project – The title of the Contract, and the entire Work to be completed under the
Contract.

C.3.13 SEH –St. Elizabeths Hospital.

C.3.14 Project Standard Specifications – The term “Standard Specifications” or “Project
Specifications” refers to the DDOT 2013 Standard Specifications for Highways &
Structures with 2020 revisions (the Gold Book) Attachment J.1.2.

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C.3.15 Substantial Completion - the satisfaction of the criteria for completion of construction
of the Project set forth in Section 108.09 of the DDOT Gold Book, and as defined by the
Department, and utility companies have performed substantial completion inspections
and provided punch list of items needed for final acceptance.

C.3.16 Work – The furnishing of all labor, materials, equipment, and incidentals necessary or
convenient to the successful completion of the Project (Sycamore Drive SE Infrastructure
Improvements) and the carrying out of the duties and obligations imposed by the
Contract Documents.

C.4 BACKGROUND

In the implementation of the redevelopment of the St. Elizabeths East Campus, the
Department is working closely with partner agencies to complete site development and
supporting infrastructure. As part of the overall development plan, DMPED prepared a
roadway and infrastructure master plan in two (2) stages. Stage 1 has been completed. This
Project (Phase 9 – Sycamore Drive SE Infrastructure) is one of three major road and
infrastructure projects that will be constructed in the Stage 2 development area.
The Project includes new road construction of Sycamore Drive SE and a portion of
Redwood Drive SE up to the interior of the Maple Quad to meet DDOT standards.
The Project includes installation of new wet and dry utilities, as indicated in the
specifications and Project Special Provisions to meet DC Water , Pepco and Version
standards.
All work on the roadway shall be performed within the proposed right-of-way as indicated
by the A&T lots 827 & 862 as shown in Attachment J.1.6.
In addition, the Project includes connections to existing roadways (Pecan and Cypress),
utilities and facilities previously constructed in Stage 1 Phase 1 (Cypress Street SE) of the
St. Elizabeths redevelopment and the Stage 2 Phase 3 (Pecan) Infrastructure
Improvements that was recently completed and accepted by DDOT and Utility agencies.
When necessary, the Contractor is also required to produce design calculations and shop
drawings in connection with its chosen systems for temporary support structures or
devices, protection/demolition shields, and other significant temporary work affecting the
safety of the traveling public or workers on the Project.
The Contractor shall be fully responsible for protection against damage for the duration of
the Contract of all the utility structures within the Contract limits and any utilities or
structures adjacent thereto. The utilities include, but are not limited to, public and/or private
water, sanitary and storm sewer, electric, telephone, and communication lines.
There will be or already are existing utilities serving numerous buildings and developments
in the Stage 1 and Stage 2 areas of East Campus. No separate measurement or payment
will be made for protection of existing utility services and facilities. Cost of this protective
work will be covered and distributed among the Contract pay items. Gas lines will be
designed and constructed by Washington Gas and Light ( “WGL”) independently. It will
be the responsibility of the Contractor to work closely with WGL contractor to coordinate
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installation of the gas main along Sycamore Drive SE and any necessary crossing of any
of the proposed streets with service lines.
There is a separate project (Phase 10 – building 88 relocation) underway within and
adjacent to the limit of disturbance LOD of the Project by others. This is the relocation of
the existing St. Elizabeths Historic Building 88 (the Blackburn Lab). This work may affect
the sequencing of work in the Maintenance of Traffic (“MOT”) plans and any work in this
area must be closely coordinated with DGS , other contractors, and agency staff. All
building 88 facilities must be protected against damage by the Contractor until & after the
building 88 relocation is completed.

C.5 REQUIREMENTS

The Contractor shall provide all labor, personnel, materials, management, equipment,
hazardous material abatement, supervision and other services necessary for the
construction of this Phase 9 Project in accordance with the Contract Documents (the
“Work”).

The Project shall be complete, operating, and ready for use on or before the Substantial
Completion Date and within the Fixed Unit Prices with a Ceiling equal to the total
Contract award amount as detailed in Attachment J.2. Final Acceptance will require
written approval from DDOT, the Department and all appropriate utility companies
signifying these agencies are ready to accept the improvements for ownership, operation,
and maintenance.

C.5.1 Contract Plans, Standard Specifications and Project Special Provisions

C.5.1.1 The Contractor shall provide the required services in accordance with the Contract Plans
(Attachment J.1.1), DGS Standard Contract Provisions, DDOT Gold Book (Attachment
J.1.2) and Project Special Provisions ( Attachment J.1.3). The Contractor shall construct
the work described in the Contract Plans and Project Special Provisions including any work
that is not specifically shown in the Contract Plans and Project Special Provisions therein
but is reasonably inferable therefrom or necessary for a fully successful completion of the
Project and the required services. The Contract Plans and Project Special Provisions are
considered complimentary Contract Documents. What is required and shown in one
document is to be considered required and shown by all documents. Greater quantity and
greater quality are required if there is a conflict in information provided.

C.5.1.2 The Contractor is responsible for the means and methods of construction to complete the
intent of the Work as depicted in the Contract Plans and referenced documents.

C.5.2 Deliverables and Submittals

The Contractor shall perform the activities required to successfully complete the
District’s requirements and submit each deliverable described in Section F.2.

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C.5.3 Statement of Work

The Contractor shall be required to:

1. Provide a construction schedule for the Project and make necessary monthly
adjustments to keep the schedule updated. Schedule shall be in P -6 format per DGS
requirements.

2. Implement Traffic Controls. Monitor and maintain traffic controls inside the East
Campus and within Public Space both inside and outside the East Campus for the entire
duration of the Project as shown in the Contract Plans. Maintain vehicular and
pedestrian traffic per DDOT Gold Book or as directed by the DGS COTR. Maintain
access to residential, institutional, and commercial establishments using appropriate
means as outlined in the MOT in the Contract Plans and per the DGS COTR.

There are other active projects and facilities throughout East Campus that the
Contractor must not impede access to during this work.

3. Mobilization and demobilization, provision, security, and maintenance of work and
storage areas. Engineer’s Field Facilities will be provided by DGS at no cost to the
Contractor.

4. Implementation of sediment and erosion control measures as shown on the Contract
Plans. Maintenance of sediment and erosion control measures for entire duration of the
Project including weekly checks for specific areas as noted on the Erosion and
Sediment Control (“E&S”) contract plan sheets and notes.

5. Removal and disposal of existing pavement and median surfaces, concrete base, curb,
gutter, sidewalk, and any other hard surface for removal, repair, or replacement to a
depth of not less than 1 ft below the future subgrade or proposed finished slope surfaces.

6. Removal and disposal of existing steam tunnels within the limits shown on the Contract
Plans including any permitting, hazardous material evaluation, preparation of
abatement plans, disposal and monitoring of all water, contaminated soils, asbestos and
other materials inside the tunnel prior to demolition , removal and disposal of piping
and appurtenances within the concrete steam tunnels and construction of watertight
bulkhead on remaining sections of steam tunnel at the limits of the Project as detailed
on the Contract Plans and in the project special provisions.

7. Utility trenching and the installation of new catch basins, manholes, sewer pipes,
communication and power conduit systems and sewer pipes as detailed in the Contract
plans and Project special provisions including steel plates if required by DDOT permit.
Trench excavation for all wet and dry utilities, structures, Low Impact Drainage
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(“LID”) features, special soil treatment areas, and catch basins are to be considered
incidental to the installation of the respective utilities, features, or structures.

8. Utility trenching and the installation of new manholes, racking, tap boxes, conduits,
and conduit duct banks for Pepco and Verizon underground service facilities, including
appurtenances, within the Project limits in accordance with Pepco and Verizon
standards and as shown on the Contract Plans, including any trench backfill and surface
restoration. Trench excavation for utilities, and structures is to be considered incidental
to the installation of the respective utilities or structures including steel pla tes over
utility trenches if required.

9. Coordination with Washington Gas & Light on the installation by WGL or others, of
their privately constructed natural gas service mains within the Project limits including
potential installation of sleeves for crossing of streets within the Project limits for future
gas lines.

10. Installation of privately maintained and DDOT maintained standard streetlight poles,
arms, luminaires (type as indicated in the contract plans) including new pole concrete
foundations, if required, as shown on the Contract Plans and the Project Special
Provisions.

11. Installation of Light Emitting Diode ( “LED”) blank out signs, if an y, as part of the
MOT work.

12. Installation of DDOT Design and Engineering Manuel ( “DEM”) and Manual of
Uniform Traffic Control Devices ( “MUTCD”) compliant signage and pavement
markings. Any temporary signage or striping is to be considered incidental to final
signage and striping unit costs.

13. Construction of curb, gutter and adjacent walkways.

14. New storm drainage pipe, catch basins, inlets, underdrains, LID features, connecting
pipes, new manholes and installation of new drainage structures.

15. Construction of tree pits and planting of trees and landscaping as shown on the Contract
Plans including any tree protection and maintenance of existing trees within the Project
limits. Excavation for these features is to be considered incidental to the installation of
the respective landscaping items.

16. Installation of streetscape improvements including bike racks, trash and recycling
receptacles, parking kiosks, and special paving systems. Excavation for these features
is to be considered incidental to the installation of the respective streetscape items.

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17. Maintain service of all existing private and public utilities during construction,
including power, communications, water and sewer service to the existing Gateway
Pavilion that has service via Martin Luther King Drive (“MLK”) services and existing
Sycamore Drive SE services.

18. Disposal of all unsalvageable material, and all labor materials, tools, equipment, and
incidentals required to obtain a complete and finished product of work.

19. Proper disposal of Coal Combustion Residual ( “CCR”) contaminated soil and other
contaminated soils exceeding DOEE testing protocol limits as defined in the DOEE
approved “Limited cleanup plan for CCR contaminated soils during Stage 2 Utility
Installation Activities” dated May 2020 and revised and updated February 18, 2021”,
as further included in Section J of the IFB. This work includes any preconstruction or
during construction environmental testing of soils for contamination in accordance with
the procedures enumerated in the DOEE approved limited cleanup plan. The DOEE
approved plan outlining works the Contractor may need to do in the field to confirm or
find the extent of contamination beyond what was identified during the design phase
of the Project is contained in Attachment J.1.4. All costs associated with complying
with the approved CCR plan is to be considered incidental to the unit price for
excavation, reuse and/or disposal of contaminated materials.

20. Proper disposal of unsuitable waste and construction debris.

21. Develop and provide a groundwater management plan for dewatering in areas of
contamination for excavations, including pumping of stormwater ponding in
excavations where contaminated soils exist. The development of the groundwater
management plan and related dewatering cost is to be considered incidental to the
excavation or demolition work where the water is encountered.

22. Installation of all temporary and permanent fencing and DDOT standard guard rail as
shown on the Contract Plans.

23. Removal or reuse and disposal (if necessary) of private street lighting poles, cables,
luminaries, and respective concrete foundations. The removal or reuse of these private
street lighting items shall be coordinated with the staged construction of new
foundations for placement of new or re-used poles. Materials not re-used on site shall
be salvaged and delivered to the DGS storage area on campus as directed by DGS
construction manager (“CM”). All costs associated with reconnecting reused streetlight
systems to the private power supply are to be considered incidental to the unit price for
relocation of the street lights.

24. Provide survey plan and necessary field work to adequately document establishment of
the Sycamore Drive SE, and Redwood Drive SE Street Right of Ways (“ROW”) limits
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as detailed on A&T Lots 8 27 & 862 as shown in Attachment J.1.6 of the IFB and in
the Project Special Provisions.

25. Provide record drawings of improvements including underground infrastructure in
CAD format for DGS, DDOT, DC Water, DOEE, Pepco and Verizon records upon
completion of infrastructure improvements. Record Drawings are to be prepared to
agency or utility company standards and are to be signed and sealed by the preparing
entity. Agency Record Drawing requirements can be located at the web links in Section
C.2 above. DDOT Urban Forestry Division (“UFD”) requires as built plans of the tree
locations in DDOT geographical information systems (“GIS”) format.

26. Coordinate work and cooperate fully with other projects and stakeholders in the vicinity
of the Project area as detailed in the Project Special Provisions.

C.5.4 Contractor’s Responsibility for Work

This Section C.5.4 supersedes DDOT Gold Book Section 107.15, “Contractor’s
Responsibility for Work.”

C.5.4.1 Until Final Acceptance of the Project by the District, the Contractor shall be responsible
for the Project and shall take every precaution against injury, or damage to any part thereof,
whether arising from the execution or from the non -execution of the Pr oject. The
Contractor shall rebuild, repair, restore, and bear the expense of such injury or damage
before Final Acceptance except to the extent that such injury or damage is due to
unforeseeable cause beyond the control, and without the fault or negligence, of the
Contractor or its subcontractors.

C.5.4.2 In case of suspension of all or any portion of the Work from any cause whatever, the
Contractor shall be responsible for the Project and shall : 1) take such precautions as may
be necessary to prevent damage to the Project; 2) provide for normal drainage; and 3) erect
any necessary temporary structures, signs, or other facilities. In addition, during such
period of suspension, the Contractor shall properly and continuously maintain, in an
acceptable growing condition, all living material in newly 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.5.5 RESERVED

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C.5.6 Baseline Schedule

C.5.6.1 The Contractor shall develop a baseline schedule to establish schedule control at the
beginning of the Project. Once the Project is underway, the schedule is updated and used
to monitor the Project and assess the status of the Project on a monthly basis. If changes
occur that impacts the schedule significantly, the schedule shall be revised accordingly to
accurately reflect the status of the Project and the current plan to complete the Work. The
process begins as soon as the Contractor is notified of the intent to award the Contract
and continues until the Project is completed. The Critical Path Method (“CPM”)
Schedule (“CPM Schedule”) shall be submitted in the Primavera exchange format
(“XER”) to ensure compatibility with the DGS’s scheduling software system.
C.5.6.2 The CPM Schedule is a scheduling technique that utilizes activity durations and network
logic to calculate the schedule for an entire project. A CPM Schedule is a network-based
schedule that graphically depicts the timing of activities, interrelationships between the
activities, and the Project critical path. A CPM Schedule is used to:
C.5.6.2.1 Link related activities in order of precedence to create the Project network
logic.
C.5.6.2.2 Calculate the earliest and latest possible dates within which an activity can be
performed based on its position within the network.
C.5.6.3 Prior to commencing the Work, the Contractor shall prepare a baseline schedule to
communicate their intentions and initial work plan to accomplish the Work. The baseline
schedule is then submitted to DGS for review and acceptance to establish an “agreed to
plan” on how the Work will be accomplished and when the individual activities that
make the Project will be completed. Once the schedule is accepted by DGS, the schedule
then becomes the Schedule of Record (“SOR”). The SOR serves as the one and only
schedule, with which all work required to complete the Project will be planned,
scheduled, and controlled. The process of establishing schedule control involves the
following primary steps:
C.5.6.3.1 DGS and the Contractor sh all hold a joint scheduling conference prior to
beginning the Work to discuss the overall plan to accomplish the Work; any start -
up issues that will impact the schedule; any project-specific information needed to
facilitate preparation of the baseline schedule; and the detailed short-term schedule
for work planned during the initial start-up period, if required.
C.5.6.3.2 The Contractor shall prepare and submit a Cost Loaded and Resource Loaded
Baseline Schedule within fourteen (14) days of receiving the notice to proceed
(“Notice to Proceed” or “NTP”).
C.5.6.3.3 DGS reviews the Baseline Schedule submission for completeness, conformance,
and reasonableness. Upon acceptance by the COTR, the baseline schedule becomes
the SOR.
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C.5.6.3.4 The SOR is then communicated to all involved parties to establish the SOR as
the only schedule, with which all work will be planned and scheduled, and against
which progress will be measured.
C.5.6.4 Once the work is underway, the Progress Schedule is updated bi-weekly to provide status
of the activities and the Project. The Progress Schedule is also routinely maintained to
ensure that the schedule accurately reflects the current plan to accomplish the Work. The
process of monitoring and assessing progress involves the following primary steps:
C.5.6.4.1 Progress information is gathered for each activity or event as it occurs.
C.5.6.4.2 The Contractor shall prepare and submits a bi-weekly schedule update.
C.5.6.4.3 DGS reviews the updated schedule submittal for accuracy, conformance, and
reasonableness; as well as to determine if the schedule reflects reality or if
changes are needed. DGS will determine whether the Contractor should make
modifications to the schedule and resubmit or if the modifications should be made
for the next submission for schedule update.
C.5.6.4.4 DGS determines if the progress is satisfactory or if corrective actions are
needed.
C.5.6.4.5 Conduct monthly progress meeting to discuss the progress of the Work and
plan for completing the remaining work.
C.5.6.4.6 Upon acceptance by the COTR, communicate the updated schedule to all
involved parties to establish the updated schedule as the current plan, with which
all remaining work will be planned and scheduled. The currently updated
schedule also provides contemporaneous information with which subsequent
time-related issues will be evaluated.
C.5.6.5 A Progress Schedule Narrative shall describe the Contractor’s complete overall work
plan and sequence in which the Work will be accomplished. A schedule narrative is a
written document that is used to communicate the plan to accomplish the Work. The
schedule narrative shall describe, as appropriate the following:
C.5.6.5.1 The proposed overall approach and sequence of Work;
C.5.6.5.2 Project milestones (major events such as completion of stages or phases of the
Work);
C.5.6.5.3 A description of the critical path and any changes to the path or completion
date from the last narrative submission;
C.5.6.5.4 Proposed means and methods (procedures);
C.5.6.5.5 Resource plan (manpower and equipment needed and how the Contractor plans
to meet the resource requirements);
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C.5.6.5.6 Planned working calendar, shift, and work hours;
C.5.6.5.7 Scheduling assumptions (considerations for known and foreseeable constraints
or restrictions such as weather, traffic, environmental, utility, safety, etc.);
C.5.6.5.8 Work performed this period and work planned during the next period;
C.5.6.5.9 Issues encountered this period or any known or foreseeable issues that will
impact the schedule; as well as actions taken or needed to avoid or mitigate the
effects;
C.5.6.5.10 Any new activities that have been added since the last update and the
justification for the addition of these activities;
C.5.6.5.11 Any changes in relationship logic, with an explanation of why these changes
were implemented and their impact on the overall schedule.
C.5.6.6 When changes occur, or if the Contractor proposes major changes that significantly
impact the schedule or if DGS determines that major changes are required or the schedule
has deviated significantly from the SOR, then the schedule is revised accordingly, to
establish the accepted revised schedule as the new SOR. This process is also known as re-
baselining, which provides a new baseline schedule, at that point in time, to complete the
remaining work. This process re-establishes schedule control and involves the following
primary steps:
C.5.6.6.1 The Contractor prepares and submits a Revised Progress Schedule, as necessary
or as required;
C.5.6.6.2 DGS reviews the Revised Progress Schedule submittal for accuracy,
reasonableness, and conformance;
C.5.6.6.3 Upon acceptance by the COTR, communicate the Revised Progress Schedule to
all involved parties to establish the Revised Progress Schedule as the current
SOR, with which all remaining work will be planned and scheduled, and progress
will be measured against.
C.5.6.7 If the Monthly Progress Report shows that any activity on the critical path is thirty (30)
or more days behind schedule, or should Contractor fail to provide a Monthly Progress
Report in compliance with the Contract’s schedule requirements and DGS reasonably
determines that any activity on the critical path is thirty (30) or more days behind
schedule; and the Contractor is in DGS’s reasonable judgment responsible for such delay,
DGS may, in addition to any other remedies that it may have under the schedule
requirements, require that the Contractor prepare a schedule to explain and display how it
intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten
(10) Business Days after the determination by Owner of the requirement for a Recovery
Schedule, the Contractor shall prepare the Recovery Schedule and submit it to DGS for
its review. The Recovery Schedule shall represent Contractor’s best judgment as to how
it shall regain compliance with the CPM Schedule; be prepared in accordance with these
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schedule requirements; and have a level of detail sufficient for the Contractor to direct,
manage and perform the Work for a period reasonably necessary to regain compliance
with the CPM Schedule. The Contractor shall address all comments received from DGS
during our review of the Recovery Schedule, and the Contractor shall provide a written
statement describing why any of DGS’s comments or proposed changes to the Recovery
Schedule were not implemented by the Contractor. Any of DGS’s comments or proposed
changes to the Recovery Schedule that the Contractor implements shall be reflected in the
revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule
which the Contractor shall use in planning, organizing, directing, coordinating,
performing, and executing the Work (including all activities of Subcontractors and Sub-
subcontractors) to regain compliance with the CPM Schedule.
C.5.7 Construction Management Plan

The Contractor shall submit a draft of its construction management plan (“Construction
Management Plan”) within fourteen (14) days after the NTP is issued to include, but not
limited to, noise control, hours for construction and deliveries, truck routes, trash and debris
removal plan, traffic and parking control, communications procedures, emergency
procedures, quality control procedures, dust control, public street cleaning and repair,
planned occupancy of public ways, erosion control, tree protection plan , vibration
monitoring, temporary fire protection measures, project signage, pest control, construction
staging plan, and construction logistics plan.

C.5.8 Compliance with Other Requirements

In performing the Work, the Contractor and its subcontractors shall comply with all of
the applicable provisions of the Standard Contract Provisions, (Construction Contracts)
included as Attachment J.3 and the requirements set forth in Section C.5.17 (Site Safety),
Section C.5.18 (Workhours; Coordination with DMPED and the Community), and
Section C.5.19 (Quality Control Plan) of this Solicitation.

C.5.9 Project Sign
The Contractor shall supply a project sign in accordance with Attachment J.1.8 and the
Project Special Provisions (Attachment J.1.3).

C.5.10 Supervision

Throughout the Work, the construction office shall be managed by the Field
Superintendent, as defined in Section C. 5.28 Key Personnel , to oversee the Work at all
times while construction is underway. Such personnel shall maintain full -time, on -site
construction supervision and provide daily safety inspections, quality control inspections,
monitoring, coordination of various trades, record drawings, and daily work log.

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C.5.11 Progress Meetings

C.5.11.1 Weekly Progress Meetings

Throughout the Work, the Contractor shall prepare for and attend weekly progress
meetings called by DGS or its COTR. Meetings shall be held on site at the DGS trailer
unless it is directed otherwise by the Department.

C.5.11.2 Monthly Executive Progress Meetings

In addition to the weekly progress meetings, there will be a monthly executive meeting
organized and led by the Contractor with content involvement from DGS and its COTR.
These meetings shall bring to the attention of DGS and DDOT leadership high-risk issues
that will affect the cost, quality, and schedule of the Project.

This executive meeting is not intended as a replay or amalgamation of the weekly
progress meeting. Its purpose is to raise awareness of important issues to Contractor’s
executives, and DGS and DDOT executives that, if not resolved in a timely way, will have
an adverse effect on the Project. The meeting agenda should include: safety, especially data
relating to frequency and severity; schedule, especially Schedule Performance Index
(actual versus planned), why the schedule is ahead or behind and, if behind, how the builder
intends to get back on schedule; quality issues; resource issues especially issues relating to
the number and availability of workforce or equipment; subcontract issues especially
availability of long -lead, critical path material issues; pe rmits and how the issuing of
permits may affect the schedule or costs; status of critical RFIs especially ones that may
affect schedule and costs, review of the Project Risk Register and what the builder is doing
to mitigate or resolve these issues; and o ther agenda items that the builder or the DGS or
DDOT determines to be included.

Ideally, these meetings would be held on site, but these meetings may be held via
teleconference.

C.5.12 Delay Liquidated Damages

If the Scope of Work of this Project is not substantially complete by the Substantial
Completion Date, the Contractor shall be subject to liquidated damages in an amount of
Five Thousand Dollars ($5,000) per day. These damages shall not apply if the delay is the
result of Force Majeure and the Contractor otherwise complies with the provisions set
forth in the Standard Contract Provisions (Construction Contracts), Attachment J.3.

C.5.13 Hazardous or Contaminated Materials

The Contractor’s Scope of Work includes the testing, abatement, monitoring, and personnel
protection during the identification and removal of hazardous or contaminated materials
found anywhere on or within the Project site including any contaminated soils found in
accordance with the DOEE approved “Limited Cleanup plan for CCR Contaminated Soils
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during Stage 2 Utility Installation Activities”. This plan is included in Attachment J.1.4.
In performing such work, the Contractor shall comply with all laws, including, without
limitation, the requirements of the Environmental Protection Agency and all jurisdictional
agencies and all laws relating to safety, health welfare, and protection of the environment,
in testing, excavating, removing, treating, encapsulating, passivating, and/or disposing of
hazardous or contaminated materials, including, but not limited to, removal, treatment,
encapsulation, passivation, and/or disposal of the hazardous or contaminated materials. If
any notices to governmental authorities are required, the Contractor shall also give those
notices at the appropriate times. The Contractor’s obligations under this Section shall
include signing (as the agent for the Department) any manifests required for the disposal
of hazardous or contaminated materials.

C5.14 Salvage Value and Stored Items

The Contractor shall be responsible for salvaging and storing all items identified by the
Department in accordance with all applicable District laws and regulations. After the items
have been secured, the Contractor shall notify the Department and request permission to
proceed with the Project.

C.5.15 Protection of Existing Elements

The Contractor shall protect all existing features, public utilities, and other structures during
construction.

The Contractor shall protect existing, site improvements, trees, and shrubs from damage
during construction. Protection extends to the root systems of existing vegetation. The
Contractor shall not store materials or equipment, or drive machinery, within the drip line
of existing trees and shrubs.

The Contractor shall be fully responsible for protection against damage for the duration of
the Contract of all the private and public utility structures and services within the Contract
limits and adjacent thereto. The utilities include but are not limited to public and/or private
water, sewer, electric, gas, telephone and communication lines. No separate measurement
or payment will be made. Cost of this protective work is to be covered and distributed
among the Contract pay items.

C.5.16 Site Cleanliness

During the period of performance and/or as directed by the Department’s COTR, the
Contractor shall ensure that the site is clear of all extraneous materials, rubbish, or debris.

C.5.17 Site Safety

All costs associated with the Site Safety will not be measured for payment and are to be
considered incidental to the Project as part of the mobilization pay item.

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C.5.17.1 General Responsibility

The Contractor shall provide a safe and efficient site with controlled access. As part of this
obligation, the Contractor shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Project, a nd shall comply with
the requirements set forth in Article 16, Section F of the Standard Contract Provisions
(Construction Contracts) Attachment J.3.

Prior to any excavations associated with trenching or utility installations, the Contractor
shall prepare Standard Operating Procedures ( “SOP”) for pipe and structure excavations
of any kind. This SOP shall identify specific installations at varying depths anticipated on
the Project and anticipated shoring and/or support of excavation methods to be employed.

The Contractor shall present their SOP in a meeting to be scheduled by DGS to include
Project staff and local E mergency Medical Services (“EMS”) , along with other first
responders. A detailed site plan indicating access routes for emergency vehicles and site
staging for responders will be presented as part of the SOP. If any portions of the work are
to be subcontracted, subcontractor field super vision and principles will be required to
attend to be eligible for performing utility excavations of any kind on the Project.

C.5.17.2 Safety Plan

C.5.17.2.1 Prior to the start of construction activities, the Contractor shall prepare a
safety plan conforming to OSHA 29 CFR 1926 (such plan, the “Safety Plan”) , DDOT
Construction Management Manual (May 2010) and Article 27, Section A of the Standard
Contract Provisions (Construction Contracts) Attachment J.3. Site-specific information
including a full listing and contact information for first responders as well as competent
personnel to be involved in the work shall be included in the Safety Plan.

C.5.17.2.2 The Safety Plan shall describe the proposed safety measures to be taken
including fences and barriers that will be used at the site. This Safety Plan shall be
submitted to the COTR and to DMPED for their review and approval prior to the
commencement of construction. Once the Safety Plan has been approved, the Contractor
shall always comply with the plan during construction. The Contractor shall be required to
revise the Safety Plan as may be requested by the Department or DMPED.

C.5.17.2.3 The Contractor shall not be permitted to commence construction until the
Safety Plan is submitted and approved and in no event shall any resulting delay constitute
an excusable delay. Additionally, the Contractor shall comply with the requirements of
Article 27, Section A of the Standard Contract Provisions (Construction Contracts)
Attachment J.3.

C.5.17.3 Site Security

Portions of the Project site will be open to the public during construction. The Contractor
shall take the necessary measures to prevent vandalism and theft of materials, equipment
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and tools as well as damage to the completed work on the Project site and shall provide
protection of personnel and property. The Department shall not be held liable for any loss
or damage resulting there from. Areas around Gateway Pavilion , Cedar Hill Regional
Medical Center, Pecan Street SE, and Redwood Drive SE. These areas cannot be used for
staging or material storage or employee parking. All areas shall be protected from materials
and construction activities.

When, in the opinion of the Department, construction operations constitute a hazard, the
Contractor may be required to suspend operations and rectify the situation. The Contractor
will be permitted to recommence work once a plan has been submitted and accepted by the
COTR that resolves the safety issue.

The Contractor is to take special care to coordinate work and site safety efforts with
existing ongoing operations, facilities, and businesses in the East Campus areas adjacent
to the work zones of this Project. During the period of construction of this Project the
relocation on historic building 88 (Phase 10) will be under construction, and there may be
ongoing public operations at the Gateway Pavilion Facility. This will include vehicular and
pedestrian traffic using a portion of Pecan Street SE, Cypress St SE and MLK (full section
without final asphalt lift constructed by this contractor as part of this Phase 9 project) and
crossing of Sycamore Drive SE, Pecan St SE, and Cypress Drive areas that are within the
limits of disturbance of this Project. Special consideration for the sequencing of
construction is required of th is Sycamore Drive SE Infrastructure project contractor to
avoid impacts during construction to the building 88 relocation project (Phase 10).

Some temporary walkways and fencing may be required to be installed to allow safe
continuous pedestrian access in the project areas.

Contractor shall coordinate work in the area with St. Elizabeths East Entertainment and
Sports Arena (“ESA”) and Events DC staff to minimize or eliminate any adverse impacts
from construction activities within the Gateway Pavilion

C.5.17.4 Exculpation

The right of the Department and DMPED to comment on the Safety Plan and the nature
and location of the required fences and barriers shall in no way absolve the Contractor
from the obligation to maintain a safe site.

C.5.18 Workhours; Coordination with the Department, DMPED, and the Community

C.5.18.1 Workhours

The Contractor shall comply with the Night Work requirements of the Project Special
Provisions and the DDOT Gold Book.

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C.5.18.2 Parking

The Contractor shall organize its work in such a manner to minimize the impact of its
operations on the surrounding community. To the extent that the number of workers on the
site is likely to have an adverse impact on neighborhood parking, the Contractor shall
develop and submit prior to mobilization a parking plan for those individuals working on
the site that is acceptable to the Department.

C.5.18.3 Wheel Washing Stations

The Contractor shall provide wheel washing stations on site to prevent the accumulation of
dirt and other refuse on the streets surrounding the Project site to include accommodations
for street cleaning and water service to the wheel washing station if determined to be
needed by COTR based upon the effectiveness of the system approved for use.

C.5.18.4 Outreach Plan

The Contractor shall keep the Department informed of the construction activities and their
potential impact on the community. DMPED will lead the project outreach plan.

C.5.19 Quality Control Plan

General Obligation. The Contractor shall be responsible for all activities necessary to
manage, control, and document work to ensure compliance with the Contract Documents.
The Contractor’s responsibility includes ensuring adequate quality control services are
provided by the Contractor’s employees and its subcontractors at all levels. The Work
activities shall include safety, submittal management, document reviews, reporting, and
all other functions related to quality construction.

C.5.19.1 Quality Control Plan

Within ten (10) days after DGS issues the written NTP, the Contractor shall update the
Quality Control Plan for the Project (the, “Quality Control Plan”). A draft of the Quality
Control Plan shall be submitted to the COTR and shall be subject to the Department’s
review and approval. The Quality Control Plan shall be tailored to the specific
products/type of construction activities contemplated and, in general, shall include a table
of contents, quality control team organization, duties, responsibilities and authority of
quality control staff, submittal procedures, inspection procedures, deficiency correction
procedures, documentation process, and a list of any other specific actions or procedures
that will be required for key elements of the Work.

C.5.19.2 Implementation

The Contractor shall perform regular quality control inspections and create reports based
on such inspections pursuant to the Quality Control Plan. These quality control reports
shall be provided to the Department electronically daily via the DGS project teams
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program. The Contractor shall discuss outstanding deficiencies, testing/inspections, and
upcoming work at the regularly scheduled progress meetings with the Department.

The monthly report shall include a detailed summary of the steps that are being employed
to provide quality construction and workmanship. The monthly report should specifically
address issues or deficiencies raised during the month and outline the steps that are being
used to address such issues. Deficiencies should be corrected in accordance with
Department Standard Contract Provisions (Construction Contracts) Attachment J.3.

C.5.19.3 Corrective Action Plan

The Department shall have the right to direct the Contractor to revise the Quality Control
Plan.

C.5.20 Reporting Requirements

The Contractor shall be required to submit the following reports:

C.5.20.1 Monthly Progress Report

The Contractor shall provide written reports to the Department, on the progress of the entire
Work at least monthly from NTP until Final Acceptance of the Project. The monthly report
shall include: (i) a progressed schedule and analysis, including any plans to correct
defective or deficient work or recover delays; (ii) a quality control report; and (iii) progress
photos, ( iv) significant events during the month including visitors to the site and (v)
significant events or milestones planned for the following month.

C.5.20.2 Bi-Weekly Schedule Updates

In view of the urgency to complete this Project, the Contractor shall provide a Baseline
Schedule update to the Department, on the progress of the entire Work at least bi -weekly,
in the same format set forth in Section C.5.6 of this IFB. The update shall reflect the actual
progress of the Project, identify developing or potential delays, regardless of their cause,
and reflect the Contractor's best projection of the actual date by which Substantial
Completion and Final Acceptance of the Project will be achieved. The Contractor shall
also state what must be done to avoid or reduce that delay, changes that have occurred since
the last update, including those related to major changes in the Scope of Work, activities
modified since the last update, revised projections of durations, progress and completion,
revisions to the schedule logic or assumptions, and other relevant changes.

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C.5.21 Project Close-out

C.5.21.1 Punchlist

Prior to Substantial Completion, the Contractor shall develop a punch list in accordance
with DDOT Standard Specifications , and other agency (Gold Book) re quirements
including DC Water, Pepco, DOEE, and Verizon.

Once the punch list is prepared, the Contractor shall inspect the Work along with
representatives from the Department, DDOT, and respective agencies. The punch list shall
be revised to reflect additional work items that are discovered during such inspections. The
Contractor shall correct all punch list items no later than thirty (30) days after Substantial
Completion is achieved.

C.5.21.2 Training

The Contractor shall provide training to Department staff on all the installed systems on
the Project. The Contractor shall ensure that the Department staff receive all required
training on installed systems prior to the Substantial Completion Date.

C.5.21.3 Maintenance Bond

No later than fifteen (15) days following the Substantial Completion date, the Contractor
shall have a Maintenance Bond for two (2) years after the Final Acceptance. The amount
of the Maintenance Bond is $ 1.5 million.

C.5.21.4 Eleven Month Walk

The Contractor shall schedule a joint inspection of the Project during the eleventh month
after Substantial Completion is achieved. During such inspection, the Contractor and a
representative of the Department shall walk the Project to identify any necessary warranty
work.

C.5.21.5 Liquidated Damages

If the punch list work is not completed and project closeout documents as described in
Section 11 of the DDOT Construction Management Manual are not submitted within 30
days of Substantial Completion , the Contractor shall be subject to liquidated damages in
an amount of Two Thousand Five Hundred Dollars ($2,500) per day.

C.5.22 Compensation

The Contractor will be compensated in accordance with the method of payment detailed in
Article 8 of the DGS Standard Contract Provisions Attachment J.3. Measurement and
Payment shall be in accordance with the DDOT Standard Specifications (the Gold Book)
unless supplemented or modified by the project special provisions.
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C5.23 Licensing, Accreditation and Registration

The Contractor and all its subcontractors and subconsultants (regardless of tier) shall
comply with all applicable District of Columbia, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of the Contract.
Without limiting the generality of the foregoing, all drawings shall be signed and sealed by
a professional Architect, surveyor, or engineer licensed in the District of Columbia.

C.5.24 Conformance with Laws

It shall be the responsibility of the Contractor to perform the Contract in conformance with
the Department’s Procurement Regulations ( 27 DCMR § 4700 et seq.) and all statutes,
laws, codes, ordinances, regulations, rules, requirements and orders of governmental
bodies, including, without limitation, the U.S. Government and the District of Columbia
government; and it is the sole responsibility of the Contracto r to determine the
Department’s procurement regulations, statutes, laws, codes, ordinances, regula tions,
rules, requirements and orders that apply and their effect on the Contractor’s obligations
thereunder.

C.5.25 Time is of the Essence

Time is of the essence with respect to this Project. The Project must be Substantially
Complete by the Substantial Completion Date. As such, by submitting a bid, the Contractor
agrees to dedicate such personnel and other resources as are necessary to ensure that the
Project is completed on-time and in a diligent, skilled, and professional manner.

C.5.26 Brand Name or Equal

A. If items called for by the Solicitation have been identified by a brand name description,
such identification is intended to be descriptive, but not restrictive, and is to indicate the
quality and characteristics of products that will be satisfactory. T he District will consider
alternate products to be equal if the COTR determines them to be equal in all material
respects to the brand name products referenced in the Solicitation.

B. The Contractor must provide all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the District to determine whether the product
offered meets the requirements of the Contract. In making the determination as to equality
of a product the District will consider information furnished by the Contractor. The District
may, but is not obligated to, also consider information reasonably available to the District.

C.5.27 Administrative Matters

Use of Project Team system. The Contractor shall utilize the Department's Project
Team system to submit any and all documentation required for the Project, including, but
not limited to, (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv)
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proposed changes; (v) certified payrolls (and at DGS' discretion and request to upload via
DOES LCP Tracker software which the District will make available to the Contractor);
(vi) Contract Plans and Technical Specifications; (vii) punch list; (viii)
invoices/applications for payment (full package including all forms required by DGS);
and (ix) other documents as may be designated by the Department or its COTR.

C.5.28 Key Personnel

C.5.28.1 The Contractor's personnel should have the necessary experience and licenses to
perform the required work. Toward that end, Bidders shall include within the bid a
description of the staff available to perform this work and their qualifications. Key
personnel shall include, at a minimum, the following individuals: (i) the Project
Executive; (ii) the Field Superintendent; and (iii) the Project Manager who will be
responsible for the Project. The Contractor will not be permitted to reassign any of the
key personnel unless the Department’s Contracting Officer approves, in writing, the
proposed reassignment and the proposed replacement. A list of the key personnel shall be
attached to the Contract that results from this IFB.

C.5.28.2 Supervision & Coordination. The Contractor shall properly supervise
and coordinate its work. The Contractor shall at a minimum:

a. Meet as necessary with the Department and its COTR.
b. Maintain full-time on-site construction supervision and provide daily inspections,
quality control, monitoring, coordination of various trades, record drawings, and
daily work log;
c. Coordinate work with any on-site personnel so as to ensure that their activities are
not adversely affected;
d. Conduct periodic progress meetings following a Contractor generated agenda
with the COTR:
e. Meet the COTR on-site once per week for Project update walk-throughs;
f. Provide general safety signage and posting for the Project and to confirm that
each subcontractor prepares and submits adequate safety program and monitoring
throughout the Project;
g. Obtain all job permits and approvals from the Department of Buildings (“DOB”)
that are required to perform and complete the Work, unless otherwise noted
herein;
h. Prepare payment requests, verify accuracy and forward to the Department for
approval and payment;
i. Assemble close-out documents required;
j. Provide assistance to the Department through all applicable warranty periods;
k. Coordinate its work with all third parties so as not to delay the critical path of the
Project; and
l. Prepare and submit to the Department construction meeting minutes, progress
meeting minutes, daily logs, inspection reports, preliminary and baseline
schedules, (Primavera format) and schedule updates demonstrating the critical

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C.6 ACCELERATION

Subject to the terms of this Section, the Department shall have the right to direct the
Contractor to accelerate the work if, in the reasonable judgment of Department, the
Contractor fails to: (i) supply a sufficiency of workers or to deliver the materials or
equipment with such promptness as to prevent the delay in the progress of the work; or
(ii) the progress of the work materially falls behind the projections contained in the then
currently approved Project Schedule. In the event that the Department or its COTR
determine that either of the events specified in the preceding sentence have occurred, the
Department shall provide the Contractor with written notice of such event and the
Contractor shall be required to provide the Department with a corrective action plan that
is reasonably designed to address the concerns raised in such notice within three (3) days
after receipt of such notice. If the Department and the Contractor are unable to agree on
the terms of such corrective action plan within five (5) days after the issuance of the
notice (i.e. with forty eight (48) hours after the receipt of the proposed corrective action
plan), the Department shall have the right to direct such acceleration as the Department,
in its reasonable judgment, deems necessary. Provided the notice provisions of this
Section are complied with, the cost of any acceleration directed under this Section shall
not justify an adjustment to the NTE Amount or the Substantial Completion Date. The
Contractor hereby acknowledges that this provision is a material inducement upon which
the Department has relied in entering into the Contract; and represents and warrants that
it has included sufficient funding in its NTE Amount in order to comply with the
requirements of this Section.

C.7 WALK-THROUGH INSPECTION

At the achievement of Substantial Completion, the DGS COTR shall perform a walk -
through inspection in the presence of the Contractor. The Contractor shall prepare a written
report stating any deficiencies found during the walk -through, identify the responsible
parties, and ensure that all the deficiencies are co rrected by the Contractor prior to
demobilization. The Contractor shall not demobilize from the site until receiving written
notice, in writing, from the DGS COTR, to confirm that the deficiencies h ave been
corrected to the DGS COTR satisfaction.

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SECTION D
PACKAGING AND MARKING

D.1 Not Applicable.

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SECTION E
INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this Contract shall be governed by Article
11 of the Government of the District of Columbia Department of General Services Standard
Contract Provisions (General Provisions) for Construction Contracts (Attachment J.3).

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SECTION F
PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for a period of 370 calendar days from the date of the
Contracting Officer’s ( “CO” or “Contracting Officer” ) execution of the Contract (as
specified on page 1 of this Contract) or the date of the CO’s execution of the NTP and
Letter Contract (“Letter Contract”).
F.1.1 Substantial Completion Date. Unless the Contract specifies a different time, Substantial
Completion is 30 Calendar Days before Final Acceptance.

F.1.2 Final Acceptance Date. The Final Acceptance Date is 370 consecutive calendar days
from the date of the execution of the Contract or NTP and Letter Contract.

F.1.3 Letter Contract: It is understood and agreed that certain activities described herein may
have been performed while a Letter Contract was in place, and the term of the Letter
Contract shall merge into and be superseded by this Contract upon its execution by the CO.
In this instance, the term of the Contract would begin on the effective date of the Letter
Contract.

F.2 DELIVERABLES

The Contractor shall perform the activities required to successfully complete the
Department’s requirements and submit each deliverable described herein to the COTR
identified in Section G.9.6.

In addition to any deliverables required elsewhere in the Contract Documents, as defined
herein, the Contractor shall submit the following deliverables in accordance with the
Contract:

Contract
Reference
Deliverable

Quantity Format/Method of
Delivery
Due Date
Attachment
J.1.3 – SP No.
2
Design
calculations and
shop drawings
As needed Submittal to DGS Minimum of 21
days before
ordering materials
C.5.3.25 Groundwater
Management Plan
As needed Submittal to DGS and
DOEE
When groundwater
is encountered in
excavations
C.5.3.29 Survey Plan Ongoing No submittal required Prior to
construction of
improvements to
locate key
elements in the
field
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Contract
Reference
Deliverable

Quantity Format/Method of
Delivery
Due Date
C.5.3.30 Record Drawings Complete
set to each
utility and
complete
set to
DDOT,
DOEE, and
DGS
Upload to respective
agency and DGS. PDF
and MicroStation
formats.
As part of Final
Acceptance of
punch list and
project closeout
documents at the
end of
construction
C.5.6 Baseline Schedule one Upload to DGS/P-6
file
Within 14 days of
NTP
C.5.6 and
C.5.20.2
Progress Schedule/
Bi-Weekly
Schedule Updates
As needed P-6 files uploaded to
DGS
Bi-weekly
C.5.7 Construction
Management Plan
one PDF or word file
uploaded to DGS
Within 14 days of
NTP
C.5.9 and
Attachment
J.1.3 – SP No.
50 and
Attachment
J.1.11
Project Sign one On site installation Within 21 days of
NTP
C.5.11.1 Weekly Progress
Meetings
As
necessary
In person or virtual
meeting
Weekly at day and
time agreeable to
DGS and
contractor
C.5.11.2 Monthly Executive
Progress Meetings
As
necessary
In person or virtual
meeting
Monthly at day
and time agreeable
to DGS and
contractor
C.5.13 Hazardous or
Contaminated
Materials Notices
When
encountered
Notification uploaded
to DGS and DOEE
inspector notified by
call
When encountered
C.5.13 Hazardous or
Contaminated
Materials
Manifests
As
necessary
Written and signed
manifest uploaded to
DGS
When encountered
C.5.17.2 Safety Plan one PDF or word file
uploaded to DGS
Prior to
mobilization
C.5.17.3 Site Security
Remediation Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.18.2 Parking Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
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Contract
Reference
Deliverable

Quantity Format/Method of
Delivery
Due Date
C.5.18.4 Outreach Plan one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.19 Quality Control
Plan
one PDF or word file
uploaded to DGS
Within 1 week of
NTP
C.5.19.3 Corrective Action
Plan
As needed PDF or word file
uploaded to DGS
14 days from
DGS’s request
C.5.20.1 Monthly Report

As needed Word file uploaded to
DGS
Monthly
C.5.21.1 Punch list

One Hard copy and upload
of file to DGS and
DDOT and required
agencies
At substantial
completion walk
through. Correct
all punch list items
no later than 30
days after
Substantial
Completion.
C.5.21.1

Training materials one TBD As needed
C.5.21.2

Warranties &
Manuals

As required
by DDOT
Uploaded to DGS and
DDOT
15 days following
substantial
completion
C.5.21.3

Eleventh Month
Walk

one On site walk 11 months after
Substantial
Completion
Compliance Subcontractor
Payment Form
One Electronic/Responsible
Agency
Monthly
Compliance Subcontractor
Approval Request
Form
One Electronic/Responsible
Agency
Monthly
Compliance EEO Monthly
Employment
Utilization Report
One Electronic/Responsible
Agency
Monthly
Compliance DSLBD CBE
Utilization Form
One Electronic/Responsible
Agency
Quarterly
Compliance Certified Payrolls
and Statement of
Compliance
One Electronic/Responsible
Agency
Weekly

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The Contractor shall produce design calculations and shop drawings in connection with
necessary systems for temporary support structures or devices, protection/demolition
shields, and other significant temporary work affecting the safety of the traveling public or
workers on the Project

F.2.1 The Contractor shall submit to the District, as a deliverable, the report described in Section
H.5.5, which is required by the 51% District Residents New Hires Requirements and First
Source Employment Agreement. If the Contractor does not submit the report as part of the
deliverables, the District shall not make final payment to the Contractor pursuant to Section
G.3.2.

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SECTION G
CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

G.1.1 The District will make payments to the Contractor, upon the submission of proper
invoices, at the prices stipulated in this Contract, for supplies delivered and accepted or
services performed and accepted, less any discounts, allowances or adjustments provided
for in this Contract.

G.1.2 The District will pay the Contractor on or before the 30th day after receiving a proper
invoice from the Contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payments requests in an electronic format through
the DC Vendor Portal, http://vendorportal.dc.gov . The Contractor shall submit proper
invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter al l
required information into the Portal after selecting the applicable purchase order number
which is listed on the Contractor’s profile.

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in
Section G.4. Invoices shall be prepared in duplicate and submitted to the agency Chief
Financial Officer (“CFO”) with concurrent copies to the COTR specified in Section G.9
below. The address of the CFO is:

Department of General Services
Office of the Controller/Agency CFO
3924 Minnesota Avenue NE 4th Floor
Washington, DC 20019

For assistance with the registration process, technical difficulties and/or additional
information on ProjectTeam, please contact the ProjectTeam Administrator
DGS.ProjectTeam@dc.gov

G.2.2 To constitute a proper invoice, the Contractor shall submit the following information on
the invoice:

G.2.2.1 Contractor’s name, federal tax ID and invoice date (date invoices as of the date of
mailing or transmittal);

G.2.2.2 Contract number and invoice number;

G.2.2.3 Description, price, quantity and the date(s) that the supplies or services were
delivered or performed;
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G.2.2.4 Other supporting documentation or information, as required by the Contracting
Officer;

G.2.2.5 Name, title, telephone number and complete mailing address of the responsible
official to whom payment is to be sent;

G.2.2.6 Name, title, phone number of person preparing the invoice;

G.2.2.7 Name, title, phone number and mailing address of person (if different from the person
identified in G.2.2.6 above) to be notified in the event of a defective invoice; and

G.2.2.8 Authorized signature.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First
Source Employment Agreement requirements, final request for payment must be
accompanied by the report or a waiver of compliance discussed in section H.5.5.

G.3.2 The District shall not make final payment to the Contractor until the agency CFO has
received the CO’s final determination or approval of waiver of the Contractor’s
compliance with 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements.

G.4 PAYMENT

G.4.1 Partial Payments

Unless otherwise specified in this Contract, payment will be made on partial deliveries of
supplies and services accepted by the District if:

a. The amount due on the deliveries warrants it; or
b. The Contractor requests it and the amount due on the deliveries is in accordance
with the following:

1. Payment will be made on completion and acceptance of each percentage
or stage of work as described in Section B.3; and
2. Presentation of a properly executed invoice.

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

G.5.1 In accordance with Title 27 DCMR Section 3250, the Contractor may assign due or to
become due as a result of the performance of this Contract to a bank, trust company, or
other financing institution funds.

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G.5.2 Any assignment shall cover all unpaid amounts payable under this Contract and shall not
be made to more than one party.

G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is
required to prepare invoices. Where such an assignment has been made, the original
copy of the invoice must refer to the assignment and must show that payment of the
invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this
invoice to (name and address of assignee).”

G.6 THE QUICK PAYMENT ACT

G.6.1 Interest Penalties to Contractors

G.6.1.1 The District will pay interest penalties on amounts due to the Contractor
under the Quick Payment Act, D.C. Official Code § 2-221.01 et seq., as
amended, for the period beginning on the day after the required payment
date and ending on the date on which payment of the amount is made.
Interest shall be calculated at the rate of at least 1.5% per month. No
interest penalty shall be paid if payment for the completed delivery of the
item of property or service is made on or before the required payment
date. The required payment date shall be:

G.6.1.1.1 The date on which payment is due under the terms of the
Contract;

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after
the date of delivery of meat or meat food products;

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after
the date of delivery of a perishable agricultural commodity; or

G.6.1.1.4 30 calendar days, excluding legal holidays, after receipt of a
proper invoice for the amount of the payment due.

G.6.1.2 No interest penalty shall be due to the Contractor if payment for the
completed delivery of goods or services is made on or after:

G.6.1.2.1 3rd day after the required payment date for meat or a meat food
product;

G.6.1.2.2 5th day after the required payment date for an agricultural
commodity; or

G.6.1.2.3 15th day after any other required payment date.
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G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of
any 30-day period shall be added to the principal amount of the debt and
thereafter interest penalties shall accrue on the added amount.

G.6.2 Payments to Subcontractors

G.6.2.1 The Contractor must take one of the following actions within seven (7) days of
receipt of any amount paid to the Contractor by the District for work performed
by any subcontractor under the Contract:

G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total
payment received from the District that is attributable to the
subcontractor(s) for work performed under the Contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s
intention to withhold all or part of the subcontractor’s payment and
state the reason for the nonpayment.

G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the
payment is due and ending on the date on which the payment is made. Interest
shall be calculated at the rate of at least 1.5% per month. No interest penalty shall
be paid on the following if payment for the completed delivery of the item of
property or service is made on or before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural
commodity; or

G.6.2.2.3 15th day after any other required payment date.

G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the
end of any 30-day period shall be added to the principal amount of the debt to the
subcontractor and thereafter interest penalties shall accrue on the added amount.

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or
entitlement of a subcontractor to a payment or a late payment interest penalty under
the Quick Payment Act does not constitute a dispute to which the District is a party.
The District may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.

G.6.2.5 Maximum markup for first tier sub-contractors shall be limited to 10%. Maximum
markup for markup for second tier and lower sub -contractors shall be limited to
5%.
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G.6.3 Subcontractor Quick Payment Clause Flow-Down Requirements

The Contractor shall include in each subcontract under this Contract a provision
requiring the subcontractor to include in its contract with any lower -tier subcontractor
or supplier the payment and interest clauses required under paragraphs (1) and (2) of
D.C. Official Code § 2-221.02(d).

G.7 CONTRACTING OFFICER

Contracts will be entered into and signed on behalf of the District only by authorized
contracting officers. The contact information for the Contracting Officer is:

James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE 5th Floor
Washington, DC 20019
james.marshall@dc.gov

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

G.8.1 The CO is the only person authorized to approve changes in any of the requirements of
this Contract.

G.8.2 The Contractor shall not comply with any order, directive or request that changes or
modifies the requirements of this Contract, unless issued in writing and signed by the CO.

G.8.3 In the event the Contractor effects any change at the instruction or request of any person
other than the CO, the change will be considered to have been made without authority
and no adjustment will be made in the Contract price to cover any cost increase incurred
as a result thereof.

G.9 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE or COTR
The COTR is responsible for general administration of the Contract and advising the CO
as to the Contractor’s compliance or noncompliance with the Contract. The COTR has
the responsibility of ensuring the work conforms to the requirements of the Contract and
such other responsibilities and authorities as may be specified in the Contract. These
include:

G.9.1 Keeping the CO fully informed of any technical or contractual difficulties encountered
during the performance period and advising the CO of any potential problem areas under
the Contract;

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G.9.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.3 Reviewing invoices for completed work and recommending approval by the CO if the
Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory
and commensurate with the rate of expenditure;

G.9.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and
services. This includes the timely processing of invoices and vouchers in accordance
with the District’s payment provisions; and

G.9.5 Maintaining a file that includes all Contract correspondence, modifications, records of
inspections (site, data, equipment) and invoice or vouchers.

G.9.6 The address and telephone number of the COTR is:

Renee M. Holmes, MS
Executive Program Manager
Infrastructure Development and Special Projects Portfolio
Department of General Services Capital Construction Services Division
3924 Minnesota Ave SE | 5th Floor | Washington, DC 20019
Mobile: 202-302-6372
Renee.Holmes@dc.gov

G.9.7 The COTR shall NOT have the authority to:

a. Award, agree to, or sign any contract, delivery order or task order. Only the CO
shall make contractual agreements, commitments or modifications;
b. Grant deviations from or waive any of the terms and conditions of the Contract;
c. Increase the dollar limit of the Contract or authorize work beyond the dollar limit of
the Contract;
d. Authorize the expenditure of funds by the Contractor;
e. Change the period of performance; or
f. Authorize the use of District property, except as specified under the Contract.

G.9.8 The Contractor shall be fully responsible for any changes not authorized in advance, and
in writing, by the CO. The Contractor may be denied compensation or other relief for any
additional work performed that is not so authorized by the CO; and may also be required,
at no additional cost to the District, to take all corrective action necessitated by reason of
the unauthorized changes.

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SECTION H
SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this Contract or subcontracts hereto, as defined in
Mayor’s Order 83-265 and implementing instructions, the Contractor shall use its best
efforts to comply with the following basic goal and objectives for utilization of bona fide
residents of the District of Columbia in each Project’s labor force:
H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be
residents of the District of Columbia registered in programs approved by the
District of Columbia Apprenticeship Council.
H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of
Employment Services (“DOES”) for jobs created as a result of this Contract. The DOES
shall be the Contractor’s first source of referral for qualified apprentices and trainees in
the implementation of employment goals contained in this clause.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

The Davis-Bacon Act (40 U.S.C.A. §§ 3141 -3148) and 29 CFR 5.5 Davis Bacon Provision are
applicable to this Project. As such, the Contractor and its trade subcontractors shall comply with
the wage and reporting requirements imposed by that Act Attachment J.4.

H.3 PREGNANT WORKERS FAIRNESS

H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016,
D.C. Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

a. Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an
employee, unless the Contractor can demonstrate that the accommodation would
impose an undue hardship;
b. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of
employment, including failing to reinstate the employee when the need for
reasonable accommodations ceases to the employee's original job or to an
equivalent position with equivalent:

1. Pay;
2. Accumulated seniority and retirement;
3. Benefits; and
4. Other applicable service credits;
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c. Deny employment opportunities to an employee, or a job applicant, if the denial is
based on the need of the employer to make reasonable accommodations to the
known limitations related to pregnancy, childbirth, related medical conditions, or
breastfeeding;

d. Require an employee affected by pregnancy, childbirth, related medical
conditions, or breastfeeding to accept an accommodation that the employee
chooses not to accept if the employee does not have a known limitation related to
pregnancy, childbirth, related medical conditions, or breastfeeding or the
accommodation is not necessary for the employee to perform her duties;

e. Require an employee to take leave if a reasonable accommodation can be
provided; or

f. Take adverse action against an employee who has been absent from work as a
result of a pregnancy-related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both
English and Spanish and provide written notice of an employee's right to a needed
reasonable accommodation related to pregnancy, childbirth, related medical conditions,
or breastfeeding pursuant to the PPWF Act to:

a. New employees at the commencement of employment;
b. Existing employees; and
c. An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any
non-English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012,
D.C. Official Code § 32-1361 et seq. (“Anti- Discrimination Act”).

H.4.2 The Contractor shall not:

(a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or

(b) Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:

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(1) Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or

(2) Any provision stating or indicating that an employment agency will not consider
or hire an individual for employment based on that individual's status as unemployed.

H.4.3 Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties
as described in the Anti- Discrimination Act.

H.5 51% DISTRICT RESIDENTS NEW HIRES REQUIREMENTS AND FIRST
SOURCE EMPLOYMENT AGREEMENT

H.5.1 For contracts for services in the amount of $300,000 or more, the Contractor shall comply
with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-
219.01 et seq. (“First Source Act”).

H.5.2 The Contractor shall enter into and maintain during the term of the contract, a First Source
Employment Agreement (Employment Agreement) (Attachment J.6) with the District of
Columbia Department of Employment Service’s (DOES), in which the Contractor shall agree
that: (a) The first source for finding employees to fill all jobs created in order to perform the
contract shall be the First Source Register; and (b) The first source for finding employees to fill
any vacancy occurring in all jobs covered by the Employment Agreement shall be the First
Source Register.

H.5.3 If applicable, the Contractor shall comply with subchapter X of Chapter II of Title 2, and
all successor acts thereto, including by not limited to the Workforce Intermediary Establishment
and Reform of First Source Amendment Act of 2011, and the rules and regulations promulgated
thereunder, including, but not limited to the following requirements:

a) At least twenty percent (20%) of journey worker hours by trade shall be performed by
District residents;

b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;

c) At least fifty one percent (51%) of the skilled laborer hours by trade shall be performed
by District residents; and

d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.

H.5.4 The Contractor shall not begin performance of the contract until its Employment
Agreement has been accepted by DOES. Once approved, the Employment Agreement shall not
be amended except with the approval of DOES.

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H.5.5 The Contractor agrees that at least 51% of the new employees hired to perform the
contract shall be District residents.

H.5.6 The Contractor’s hiring and reporting requirements under the First Source Act and any
rules promulgated thereunder shall continue for the term of the contract.

H.5.7 The CO may impose penalties, including monetary fines of 5% of the total amount of the
direct and indirect labor costs of the contract, for a willful breach of the Employment Agreement,
failure to submit the required hiring compliance reports, or deliberate submission of falsified
data.

H.5.8 If the Contractor does not receive a good faith waiver, the CO may also impose an
additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor costs of
the contract for each percentage by which the Contractor fails to meet its hiring requirements.

H.5.9 Any contractor which violates, more than once within a 10-year timeframe, the hiring or
reporting requirements of the First Source Act shall be referred for debarment for not more than
five (5) years.

H.5.10 The Contractor may appeal any decision of the CO pursuant to this clause to the D.C.
Contract Appeals Board as provided in Section. I.12 of this IFB and Article 7 (Disputes) of the
SCP for construction contracts.

H.5.11 The provisions of the First Source Act do not apply to nonprofit organizations which
employ 50 employees or less.

H.5.12 Construction projects or contracts covered by this Section H.5 shall be subject to the hiring
and reporting requirements set forth in this Section until construction is completed and a final
certificate of occupancy has been issued.

H.6 LIVING WAGE ACT

The Living Wage Act is applicable to this Contract. As such, the Contractor and its
subcontractors shall comply with the wage and reporting requirements imposed by that
Act (Attachment J.8).

H.7 SUBCONTRACTING REQUIREMENTS

H.7.1 Mandatory Subcontracting Requirements

(a) Notwithstanding subchapter IX-A of this chapter, or any other provision of District
law or regulation, during the period from March 11, 2020, until November 5, 2021,
any contract for a government -assisted project in excess of $250,000 that is
unrelated to the District's response to the COVI D-19 emergency but entered into
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during the COVID -19 emergency, absent a waiver pursuant to § 2 -218.51, shall
provide that:

(1) At least 35% of the dollar volume of the contract be subcontracted to small
business enterprises; or

(2) If there are insufficient qualified small business enterprises to meet the
requirement of paragraph (1) of this subsection, the subcontracting requirement
may be satisfied by subcontracting 35% of the dollar volume ("CBE minimum
expenditure") to any qualified certified business enterprises; provided, that best
efforts shall be made to ensure that qualified small business enterprises are
significant participants in the overall subcontracting work.

(b) Notwithstanding subsection (a) of this section, a certified business enterprise
awarded a contract for a government -assisted project in excess of $250,000 that is
unrelated to the District's response to the COVID -19 emergency but entered into
during the COVID-19 emergency shall:

(1) Perform at least 35% of the contracting effort with its own organization and
resources if the certified business enterprise is granted points or a price reduction
pursuant to § 2-218.43 or selected through a set-aside program; and

(2) If the certified business enterprise subcontracts, ensure that 50% of the dollar
volume of the subcontracted effort be with certified business enterprises unless a
waiver is granted pursuant to § 2-218.51.

(c) Notwithstanding subsection (a) of this section, a certified joint venture awarded a
contract for a government -assisted project in excess of $250,000 that is unrelated to
the District's response to the COVID -19 emergency but entered into during the
COVID-19 emergency shall:

(1) Perform at least 50% of the contracting effort with its own organization and
resources if the certified joint venture is granted points or a price reduction pursuant
to § 2-218.43 or selected through a set-aside program; and

(2) If the certified joint venture subcontracts, 35% of the dollar volume of the
subcontracted effort shall be with certified business enterprises unless a waiver is
granted pursuant to § 2-218.51.

(d)(1) For every dollar expended by a beneficiary with a resident-owned business, the
beneficiary shall receive a credit for $1.10 against the CBE minimum expenditure.

(2) For every dollar expended by a beneficiary with a disadvantaged business
enterprise, the beneficiary shall receive a credit for $1.25 against the CBE minimum
expenditure.

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(3) For every dollar expended by a beneficiary that uses a company designated as both
a disadvantaged business enterprise under § 2 -218.33 and as a resident -owned
business under § 2-218.02(15), the beneficiary shall receive a credit for $1.30 against
the CBE minimum expenditure.

(e) For the purposes of this section, the term:

(1) "Beneficiary" has the same meaning as set forth in § 2-218.02(1B).

(2) "Best efforts" means that a beneficiary is obligated to make its best attempt to
accomplish the agreed-to goal, even when there is uncertainty or difficulty.

(3) "COVID-19 emergency" means the emergencies declared in the Declaration of
Public Emergency (Mayor's Order 2020-045) together with the Declaration of Public
Health Emergency (Mayor's Order 2020-046), declared on March 11, 2020, including
any extension of those declared emergencies.

(4) "Disadvantaged business enterprise" has the same meaning as set forth in § 2 -
218.33.

(5) "Government -assisted project" has the same meaning as set forth in § 2 -
218.02(9A).

(6) "Longtime resident business" has the same meaning as set forth in§ 2-218.02(13).

(7) "Resident-owned business" has the same meaning as set forth in § 2-218.02(15).

(8) "Small Business Enterprises" has the same meaning as set forth in § 2-218.32.

H.7.2 Subcontracting Plan Requirements and Non-Responsive Bids:

The Subcontracting Plan Form Attachment J.5 must be provided as part of all bids, as follows:
1. If the prime contractor required by law to subcontract under this Contract, it shall submit a
subcontracting plan as part of its bid in accordance with D.C. Official Code § 2 –218.91,
and Section H.7.1 of this IFB. The SBE Subcontracting Plan must list all subcontractors at
every tier and shall include the following:
(a) The name and address of each subcontractor;
(b) A current certification number of the small or certified business
enterprise;
(c) The scope of work to be performed by each subcontractor;
(d) The price to be paid by the prime contractor to each subcontractor; and
(e) Meet the subcontracting requirements as further described in Section H.7.1
of this IFB.

2. If the prime contractor is a Certified Business Enterprise (“CBE”) and self performs the
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entire project with its own organization and resources and will not subcontract any portion
of the services, then the CBE shall only submit the SBE Subcontracting Form by selecting
the self-performance option located on the first page of the SBE Subcontracting Form.

3. Bidders responding to this IFB shall be deemed nonresponsive and shall be rejected if the
Bidder fails to submit a Subcontracting Plan with its bid as detailed in Section H.7.1 and
Section H.7.2 of this IFB.

4. Once the Subcontracting Plan is approved by the Department’s CO, changes to the plan
will only occur with the prior written approval of the CO and the Director of Department
of Small and Local Business Development (“DSLBD”).

5. The Subcontracting Plan shall be provided before the District accepts the submission of
the bid.

H.7.3 Copies of Subcontracts

Within twenty-one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the CO, CA,
District of Columbia Auditor and the Director of DSLBD.

H.7.4 Subcontracting Plan Compliance Reporting

H.7.4.1 The Contractor shall submit a quarterly report to the CO, COTR, District of Columbia
Auditor and the Director of DSLBD. The quarterly report shall include the following
information for each subcontract identified in the subcontracting plan:

(A) The price that the prime contractor will pay each subcontractor under the
subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.

H.7.4.2 If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.

H.7.5 Annual Meetings

Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, COTR, District of Columbia Auditor and the Director of DSLBD
to provide an update on its subcontracting plan.

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H.8 FAIR CRIMINAL RECORD SCREENING

H.8.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (“Act” as
used in this section). This section applies to any employment, including employment on
a temporary or contractual basis, where the physical location of the employment is in
whole or substantial part within the District of Columbia.

H.8.2 Prior to making a conditional offer of employment, the Contractor shall not require an
applicant for employment, or a person who has requested consideration for employment
by the Contractor, to reveal or disclose an arrest or criminal accusation that is not then
pending or did not result in a criminal conviction.

H.8.3 After making a conditional offer of employment, the Contractor may require an
applicant to disclose or reveal a criminal conviction.

H.8.4 The Contractor may only withdraw a conditional offer of employment, or take adverse
action against an applicant, for a legitimate business reason as described in the Act.

H.8.5 This section and the provisions of the Act shall not apply:

(a) Where a federal or District law or regulation requires the consideration of an
applicant’s criminal history for the purposes of employment;

(b) To a position designated by the employer as part of a federal or District
government program or obligation that is designed to encourage the employment
of those with criminal histories;

(c) To any facility or employer that provides programs, services, or direct care to,
children, youth, or vulnerable adults; or

(d) To employers that employ less than 11 employees.

H.8.6 A person claiming to be aggrieved by a violation of the Act may file an administrative
complaint with the District of Columbia Office of Human Rights, and the Commission on
Human Rights may impose monetary penalties against the Contractor.

H.9 RESERVED

H.10 BUY AMERICAN ACT PROVISION.

The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. §§
8301–8305), including, but not limited to, the purchase of steel. To the extent that the
language in this section contradicts the language under Article 24 of The Department
Standard Contract Provisions for Construction (Exhibit I) regarding compliance with the
Buy American Act, the language in this section should supersede.
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Section H.10.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301–8305),
and Executive Order 10582, December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as
amended by Executive Order 11051, September 27, 1962 (3 CFR, 1059—63 Comp., p.
635), the Contractor agrees that only domestic construction material will be used by the
Contractor, subcontractors, material men and suppliers in the performance of the
Agreement, except for non-domestic material listed in the Agreement.

“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.

“Domestic end product”, as used in this section, means, (1) an unmanufactured end
product mined or produced in the United States, or (2) an end product manufactured in
the United States, if the cost of its components mined, produced, or manufactured in the
United States, exceeds 65 percent of the cost of all its components. For an end product
that consists wholly or predominantly of iron or steel or a combination of both, the cost
of foreign iron and steel must constitute less than 5 percent of the cost of all the
components used in the end product.
Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the Unites States is
considered domestic.

“End Products”, as used in this Section, means those articles, materials, and supplies to
be acquired for public use under this Contract.
The Contractor shall deliver only domestic end products, except those:

1. For use outside the United States;
2. That the District determines are not mined, produced, or manufactured in the
Unites States in sufficient and reasonably available commercial quantities of a
satisfactory quality;
3. For which the District determines that domestic preference would be inconsistent
with the public interest; or
4. For which the District determines the cost to be unreasonable.

Section H.10.2 Domestic Construction Material. “Construction material” means any
article, material, or supply brought to the construction site for incorporation in the
building or work. An unmanufactured construction material is a “domestic construction
material” if it has been mined or produced in the United States. A manufactured
construction material is a “domestic construction material” if it has been manufactured in
the United States and if the cost of its components which have been mined, produced, or
manufactured in the United States exceeds 65 percent of the cost of all its components.
“Component” means any article, material, or supply directly incorporated in construction
material. If the construction material consists wholly or predominantly of iron or steel,
the iron or steel was produced in the United States; or, for construction material that
consists wholly or predominantly of iron or steel or a combination of both, a construction
material manufactured in the United States if the cost of foreign iron and steel constitutes
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less than 5 percent of the cost of all the components used in such construction material.

Section H.10.3 Domestic Component. A component shall be considered to have been
“mined, produced, or manufactured in the United States” regardless of its source, in fact,
if the article, material or supply in which it is incorporated was manufactured in the
United States and the component is of a class or kind determined by the Government to
be not mined, produced or manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality.

Section H.10.4 Foreign Material. “Foreign construction material” means a construction
material other than a domestic construction material.

H.11 ANTI-DEFICIENCY ACTS

The Department’s obligations and responsibilities under the terms of the Contract are and
shall remain subject to the provisions of (i) the federal Anti -Deficiency Act, 31 U.S.C.
§§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47 -105, (iii) the District of Columbia
Anti-Deficiency Act, D.C. Code §§ 47-355.01 - 355.08, as the foregoing statutes may be
amended from time to time, and (iv) Section 446 of the District of Columbia Home Rule
Act. The Contract shall not constitute an indebtedness of the Depart ment, nor shall it
constitute an obligation for which the Department is obligated to levy or pledge any form
of taxation, or for which the Department has levied or pledged any form of taxation. IN
ACCORDANCE WITH § 446 OF THE HOME RULE ACT, D.C. CODE § 1-204.46,
NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED TO OBLIGATE OR
EXPEND ANY AMOUNT UNDER THE AGREEMENT OR CONTRACT
DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS
LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF CONGRESS.

H.12 FREEDOM OF INFORMATION ACT

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2 -532 (a-
3), requires the District to make available for inspection and copying any record produced
or collected pursuant to a District contract with a private contractor to perform a public
function, to the same extent as if the record were maintained by the agency on whose behalf
the contract is made. If the Contractor receives a request for such information, the
Contractor shall immediately send the request to the COTR designated in subsection G.9
who will provide the request to the FOIA Officer for the agency with programmatic
responsibility in accordance with the D.C. Freedom of Information Act. If the agency with
programmatic responsibility receives a request for a record maintained by the Cont ractor
pursuant to the Contract, the COTR will forward a copy to the Contractor. In either event,
the Contractor is required by law to provide all responsive records to the COTR within the
timeframe designated by the COTR. The FOIA Officer for the agency with programmatic
responsibility will determine the releasability of the records. The District will reimburse
the Contractor for the costs of searching and copying the records in accordance with D.C.
Official Code §2-532 and Chapter 4 of Title 1 of the D.C. Municipal Regulations.

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H.13 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.

During the performance of the Contract, the Contractor and any of its subcontractors shall
comply with Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits
discrimination against disabled people in federally funded program and activities. See 29
U.S.C. §794 et seq.

H.14 AMERICANS WITH DISABILITIES ACT OF 1990 (“ADA”)

During the performance of this Contract, the Contractor and any of its subcontractors shall
comply with the ADA. The ADA makes it unlawful to discriminate in employment against
a qualified individual with a disability. See 42 U.S.C. §12101 et seq.

H.15 WAY TO WORK AMENDMENT ACT OF 2006

H.15.1 Except as described in Section H.1.5.8 below, the Contractor shall comply
with Title I of the Way to Work Amendment Act of 2006, effective June 8, 2006
(D.C. Law 16 -118, D.C. Official Code §2 -220.01 et seq.) (“Living Wage Act of
2006”), for contracts for services in the amount of $100,000 or more in a 12-month
period.

H.15.2 The Contractor shall pay its employees and subcontractors who perform
services under the Contract no less than the current living wage.

H.15.3 The Contractor shall include in any subcontract for $15,000 or more a
provision requiring the subcontractor to pay its employees who perform services
under the Contract no less than the current living wage rate.

H.15.4 The DOES may adjust the living wage annually and Contractor will find the
current living wage rate on its website at www.does.dc.gov.

H.15.5 The Contractor shall provide a copy of the Fact Sheet attached as J.6 to each
employee and subcontractor who performs services under the contract. The
Contractor shall also post the Notice attached as J.6 in a conspicuous place in its
place of business. The Contractor shall include in any subcontract for $15,000 or
more a provision requiring the subcontractor to post the Notice in a conspicuous
place in its place of business.

H.15.6 The Contractor shall maintain its payroll records under the Contract in the
regular course of business for a period of at least three (3) years from the payroll
date, and shall include this requirement in its subcontracts for $15,000 or more
under the contract.

H.15.7 The payment of wages required under the Living Wage Act of 2006 shall
be consistent with and subject to the provisions of D.C. Official Code §32-1301 et
seq.
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H.15.8 The requirements of the Living Wage Act of 2006 do not apply to:

(1) Contracts or other agreements that are subject to higher wage level
determinations required by federal law;

(2) Existing and future collective bargaining agreements, provided, that
the future collective bargaining agreement results in the employee
being paid no less than the established living wage;

(3) Contracts for electricity, telephone, water, sewer or other services
provided by a regulated utility;

(4) Contracts for services needed immediately to prevent or respond to
a disaster or imminent threat to public health or safety declared by
the Mayor;

(5) Contracts or other agreements that provide trainees with additional
services including, but not limited to, case management and job
readiness services; provided that the trainees do not replace
employees subject to the Living Wage Act of 2006;

(6) An employee under 22 years of age employed during a school
vacation period, or enrolled as a full-time student, as defined by the
respective institution, who is in high school or at an accredited
institution of higher education and who works less than 25 hours per
week; provided that he or she does not replace employees subject to
the Living Wage Act of 2006;

(7) Tenants or retail establishments that occupy property constructed or
improved by receipt of government assistance from the District of
Columbia; provided, that the tenant or retail establishment did not
receive direct government assistance from the District;

(8) Employees of nonprofit organizations that employ not more than 50
individuals and qualify for taxation exemption pursuant to section
501(c)(3) of the Internal Revenue Code of 1954, approved August
16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);

(9) Medicaid provider agreements for direct care services to Medicaid
recipients, provided, that the direct care service is not provided
through a home care agency, a community residence facility, or a
group home for mentally retarded persons as those terms are defined
in section 2 of the Health-Care and Community Residence Facility,
Hospice, and Home Care Licensure Act of 1983, effective February
24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and
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(10) Contracts or other agreements between managed care organizations
and the Health Care Safety Net Administration or the Medicaid
Assistance Administration to provide health services.

H.15.9 The Mayor may exempt a contractor from the requirements of the
Living Wage Act of 2006, subject to the approval of Council, in accordance with
the provisions of Section 109 of the Living Wage Act of 2006.

H.16 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL

The key personnel specified in the Contract are considered to be essential to the work being
performed hereunder. Prior to diverting any of the specified key personnel for any reason,
the Contractor shall notify the CO at least thirty (30) calendar days in advance and shall
submit justifica tion, including proposed substitutions, in sufficient detail to permit
evaluation of the impact upon the Contract. The Contractor shall obtain written approval
of the CO for any proposed substitution of key personnel.

H.17 AUDITS AND RECORDS

H.17.1 As used in this clause, “records” includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer data, or in any
other form.

H.17.2 Examination of Costs. If this is a cost -reimbursement, incentive, time -
and-materials, labor-hour, or price re-determinable contract, or any combination of
these, the Contractor shall maintain and the CO, or an authorized representative of
the CO, shall have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred or anticipated
to be incurred directly or indirectly in performance of this contract. This right of
examination shall i nclude inspection at all reasonable times of the Contractor’s
plants, or parts of them, engaged in performing the contract.

H.17.3 Cost or pricing data. If the Contractor has been required to submit cost or
pricing data in connection with any pricing action relating to this Contract, the CO,
or an authorized representative of the CO, in order to evaluate the accuracy,
completeness, and currency of the cost or pricing data, shall have the right to
examine and audit all of the Contractor’s records, including computations and
projections, related to:

a. The proposal for the contract, subcontract, or modification;
b. The discussions conducted on the proposal(s), including those related to
negotiating;
c. Pricing of the contract, subcontract, or modification; or
d. Performance of the contract, subcontract or modification.
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H.17.4 Comptroller General

H.17.4.1 The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the
Contractor’s directly pertinent records involving transactions related to this
Contract or a subcontract hereunder.

H.17.4.2 This paragraph may not be construed to require the Contractor or
subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.

H.17.5 Reports. If the Contractor is required to furnish cost, funding, or
performance reports, the CO or an authorized representative of the CO shall have
the right to examine and audit the supporting records and materials, for the purpose
of evaluating:

a. The effectiveness of the Contractor’s policies and procedures to
produce data compatible with the objectives of these reports; and
b. the data reported.

H.17.6 Availability. The Contractor shall make available at its office at all
reasonable times the records, materials, and other evidence described in Section
H.17.1, for examination, audit, or reproduction, until three (3) years after final
payment under this Contract or for any shorter period specified in the Solicitation,
or for any longer period required by statute or by other clauses of this Contract. In
addition:

a. If this Contract is completely or partially terminated, the Contractor
shall make available the records relating to the work terminated until
thee (3) years after any resulting final termination settlement; and

b. The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims
arising under or relating to this Contract until such appeals,
litigation, or claims are finally resolved.

H.17.7 The Contractor shall insert a clause containing all the terms of this clause,
including this section H.17.7 in all subcontracts under this Contract that exceed the
small purchase threshold of $100,000.00 and:

a. That are cost -reimbursement, incentive, time -and-materials, labor -hour, or
price re-determinable type or any combination of these;
b. For which cost or pricing data are required; or
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c. That requires the subcontractor to furnish reports as discussed in H.17.5 of this
clause.

H.18 ADVISORY AND ASSISTANCE SERVICES

This contract is a “non -personal services contract”. The Contractor and the Contractor’s
employees: (1) shall perform the services specified herein as independent contractors, not
as employees of the government; (2) shall be responsible for their own management and
administration of the work required and bear sole responsibility for complying with any
and all technical, schedule, financial requirements or constraints attendant to the
performance of this Contract; (3) shall be free from supervision or contro l by any
government employee with respect to the manner or method of performance of the service
specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept
or reject work, comply with such general direction of the CO, or the duly authorized
representative of the CO as is necessary to ensure accomplishment of the Contract
objectives.

H.19 DISTRICT RESPONSIBILITIES

H.19.1 District Furnished Property

District property shall remain the property of the District in all respects. The COTR
may require Contractor personnel to sign for receipt and custody of District
furnished property, at the discretion of the COTR. The Contractor shall take all
reasonable precautions to safeguard and protect District property. District property
shall be used only in direct Operations for providing contract services, and shall not
be used in any manner for any personal advantage, business gain, or other personal
endeavor by the Contractor or the Contractor's employees.

H.20 CONTRACTOR RESPONSIBILITIES

H.20.1 The Contractor shall be responsible for providing services in accordance
with the requirements of this Contract.

H.20.2 The Contractor shall be responsible for obtaining all licenses and permits
necessary for the performance of this Contract.

H.20.3 The Contractor shall furnish all equipment needed for the performance of
the work under this Contract. All equipment must be properly guarded and meet
all applicable United States Occupational Safety and Health Administration OSHA
standards.

H.20.4 The Contractor shall assume full responsibility and liability for compliance
with all applicable regulations pertaining to the health and safety of personnel
during the execution of work, and shall hold the District harmless for any action on
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his part or that of his employees or subcontractors, which results in illness, injury
or death.

H.20.5 The Contractor shall meet all federal, state vehicles compliance standards,
local laws, inspections, and regulations, including, but not limited to, the permitting
requirements under Chapter 25 of Title 18, DCMR by DDOT, DCRA and the DC
Department of Public Works ( “DPW”). The Contractor shall ensure that each
vehicle is licensed and registered in accordance with District regulations.

H.21 STAFF ATTIRE AND IDENTIFICATION

H.21.1 The Contractor’s staff shall wear identification badges at all times. The
identification badges shall provide company logo, employee’s name, and employee
photograph.

H.22 SAFETY REQUIREMENTS

H.22.1 The Contractor shall be responsible for : (i) complying with all applicable
District and Federal rules, regulations and practices relating to safety on the job
site; (ii)for all injury to persons or damage to property that occurs as a result of the
Contractor's negligence and shall take proper safety and health precautions to
protect the work, the workers, the tenants and District property; and (iii) for all
materials delivered and work performed until completion and acceptance of the
entire work in writing by the COTR.

H.22.2 The Contractor shall provide and ensure that all its personnel at the work
sites properly wear all applicable safety devices and apparel required by the United
States Occupational Safety and Health Administration (“OSHA”) including, but not
limited to:

H.22.2.1 Back support devices;
H.22.2.2 Eye protection;
H.22.2.3 Hearing protection;
H.22.2.4 Hand protection;
H.22.2.5 Head protection; and
H.22.2.6 Foot protection.

H.22.3 The District has the right to inspect all areas for safety violations at its
discretion, direct the Contractor to make immediate improvement of necessary
conditions and/or procedures, and/or stop the work if other hazards are deemed to
exist.

H.22.4 Notwithstanding any provision to the contrary, the District shall not be
obligated to make an equitable adjustment for any work stoppage that results from
safety hazards created by the Contractor. In the event that the Contracting Officer
directs the work to stop because of existing safety hazards after the Contractor has
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been notified and provided ample time to correct, the Contractor shall bear all costs
for eliminating the hazard(s) and shall not be granted compensation for the work
stoppage.

H.22.5 The Contractor shall immediately notify the COTR if the job site is visited
by an OSHA official for compliance with the Occupational Safety and Health Act
or any other safety regulatory requirements.

H.23 FIRE PREVENTION

H.23.1 The Contractor shall be responsible for establishing and maintaining an
effective fire prevention program for its employees and the District property being
serviced on the job site.

H.23.2 The Contractor shall be knowledgeable and train all its employees on the
job site to fulfill the requirements of this Statement of Work on the procedures,
means of egress and methods of reporting fires on the job sites.

H.24 SMOKE FREE ENVIRONMENT

The District's facilities are smoke free. The Contractor is responsible for adhering to all
applicable rules and regulations regarding maintenance of a smoke free environment on
the job sites.

H.25 ACCIDENT REPORTS

The Contractor shall immediately notify the COTR of any accidents on the job site arising
from the performance of this SOW that involve bodily injury to Contractor’s employees or
District workers or both, building occupants, visitors, or other persons.

H.26 PROPERTY DAMAGE NOTIFICATION

Any damage caused by the Contractor or its employees to District property shall be
promptly repaired or replaced by the Contractor at the Contractor’s expense.

H.27 SUSPENSION OF WORK

H.27.1 In the event services are not provided or required by the District because the
buildings is closed due to unanticipated circumstances, deductions to the Contractor
price normally payable to Contractor will be computed as follows.

H.27.2 The deduction rate in dollars per day will be equal to the per month contract
price for the building, divided by twenty -one (21) days per month. (This will be
adjusted as appropriate if some portion of the Contractor’s requirements apply to
weekends or holidays).

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H.27.3 The deduction rate in dollars per day multiplied by the number of days
services were not provided or required will equal the total dollar deduction to be
made.

H.27.4 Deductions will not be made to the extent that the Contractor can
demonstrate that payment to employees is required by an incorporated wage
determination or union agreement.

H.27.5 In the event services are provided for portion of days, appropriate
adjustments will be made by the COTR to assure the Contractor is compensated for
services provided.

H.28 CONTRACTOR RESPONSIBILITY UPON CONTRACT COMPLETION
OR TERMINATION

The Contractor shall turn over all plans codes, manuals, records, files, reports,
databases spare inventory and materials developed or pur chased in the course of
the Contract to the COTR within thirty (30) calendar days after contract completion
or termination. The Contractor shall develop transition plans, which shall describe
staffing and organizational structure during the phase -in and phase -out transition
periods, and how the Contrac tor will interact with the existing work force during
the thirty (30) days of transition at the beginning and end of this Contract.

H.29 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The Contractor agrees that the applicable work performed under this Contract shall
be subject to the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-
333).

H.30 FALSE CLAIMS ACT

The Contractor shall be governed by all laws and regulations prohibiting false or
fraudulent statements and claims made to DC government, including the
prescriptions set forth in D.C. Official Code §§ 22 -2405 and 2-381.02 et seq. In
the event that it is discovered that the Contractor has made a false, fraudulent or
unsupported statement or claim to the Department, the Department may terminate
this Contract without liability.

H.31 CAMPAIGN FINANCE REFORM ACT

Prior to the execution of the Contract, the Design-Builder shall complete
and submit to the Department a completed Campaign Finance Reform
Act Self-Certification Form, Attachment J.16, pursuant to D.C. Official
Code § 1-1161.01.

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SECTION I
CONTRACT CLAUSES

I.1 APPLICABILITY OF STANDARD CONTRACT PROVISIONS

The Department of General Services Standard Contract Provisions General Provisions for
Construction Contracts (“SCP”) (Attachment J.3) are incorporated as part of the Contract.

I.2 CONTRACTS THAT CROSS FISCAL YEARS

Continuation of this Contract beyond the current fiscal year is contingent upon future
fiscal appropriations.

I.3 CONFIDENTIALITY OF INFORMATION

The Contractor shall keep all information relating to any employee or customer of the
District in absolute confidence and shall not use the information in connection with any
other matters; nor shall it disclose any such information to any other person, fi rm or
corporation, in accordance with the District and federal laws governing the confidentiality
of records.

I.4 TIME

Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

I.5 RIGHTS IN DATA

A. Definitions

1. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through the Contractor, including existing and custom
Products, such as, but not limited to: a) recorded information, regardless of form or the
media on which it may be recorded; b) document research; c) experimental, developmental,
or engineering work; d) licensed software; e) components of the hardware environment; f)
printed materials (including but not limited to training manuals, system and use r
documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the Contract. Existing Products must be identified on
the Product prior to commencement of work or else will be presumed to be Custom
Products.
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3. “ Custom Products ” - Products, preliminary, final or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers or agents for the
District under the Contract.

4. “District” – The District of Columbia and its agencies.

B. Title to Project Deliverables

The Contractor acknowledges that it is commissioned by the District to perform services
detailed in the Contract. The District shall have ownership and rights for the duration set
forth in the contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded
in, delivered or operating in conjunction with hardware or Custom Products, shall remain
with Contractor or third party proprietary owner, who retains all rights, title and interest
(including patent, trademark or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non -exclusive, worldwide, paid -up license to use, execute,
reproduce, display, perform, adapt (unless the Contractor advises t he District as part of
Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor
demonstrates such to the District’s satisfaction), and distribute Existing Product to District
users up to the license capacity stated in th e Contract with all license rights necessary to
fully effect the general business purpose of the project or work plan or contract. Licenses
shall be granted in the name of the District. The District agrees to reproduce the copyright
notice and any other legend of ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, the Contractor shall convey, assign,
and transfer to the District the sole and exclusive rights, title and interest in Custom
Products, whether preliminary, final or otherwise, including all patents, trademark, and
copyrights. The Contractor hereby agrees to take all necessary and appropriate steps to
ensure that the Custom Products are protected against unauthorized copying, reproduction
and marketing by or through the Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District

The District may transfer or assign Existing or Custom Products and the licenses thereunder
to another District agency. Nothing herein shall preclude the Contractor from otherwise
using the related or underlying general knowledge, skills, ideas, concepts, techniques and
experience developed under a project or work plan in the course of the Contractor’s
business.

D. Subcontractor Rights

Whenever any data, including computer software, are to be obtained from a subcontractor
under the Contract, the Contractor shall use this clause, Rights in Data, in the subcontract,
without alteration, and no other clause shall be used to enlarge or diminish the District’s or
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the Contractor’s rights in that subcontractor data or computer software which is required
for the District.

E. Source Code Escrow

1. For all computer software furnished to the District with the rights specified in Section
I.5.B.2, the Contractor shall furnish to the District, a copy of the source code with such
rights of the scope as specified in Section I.5.B.2 of this clause. For all computer software
furnished to the District with the restricted rights specified in Section I.5.B.1 of this clause,
the District, if the Contractor either directly or through a successor or affiliate shall cease
to provide the maintenance or warranty services provided the District under the Contract
or any paid-up maintenance agreement, or if the Contractor should be declared insolvent
by a court of competent jurisdiction, shall have the right to obtain, for its own and sole use
only, a single copy of the current version of the source code supplied under the Contract,
and a single copy of the documentation associated therewith, upon payment to the person
in control of the source code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in Section I.5. B.1 of this clause offers the source code or source
code escrow to any other commercial customers, the Contractor shall either: (1) provide
the District with the source code for the Product; (2) place the source code in a third party
escrow arrangement with a designated escrow agent who shall be named and identified to
the District, and who shall be directed to release the d eposited source code in accordance
with a standard escrow arrangement acceptable to the District; or (3) will certify to the
District that the Product manufacturer/ developer has named the District as a named
beneficiary of an established escrow arrangemen t with its designated escrow agent who
shall be named and identified to the District, and who shall be directed to release the
deposited source code in accordance with the terms of escrow.

3. The Contractor shall update the source code, as well as any corrections or enhancements
to the source code, for each new release of the Product in the same manner as provided
above, and certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability

The Contractor shall indemnify and save and hold harmless the District, its officers,
agents and employees acting within the scope of their official duties against any
liability, including costs and expenses, (i) for violation of proprietary rights,
copyrights, or rights of privacy, arising out of the publication, translation,
reproduction, delivery, performance, use or disposition of any data furnished under
this Contract, or (ii) based upon any data furnished under this Contract, or based
upon libelous or other unlawful matter contained in such data.

G. All DGS data, information, documents, and similar material provided to the
Contractor for the purpose of performing the scope will remain the sole property
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of DGS and will be destroyed or returned by the Contractor upon completion
of services.

H. All Contractors’ specified deliverables to DGS will become DGS sole property
and will not be encumbered in their future use by any licensing or copyright by
the Contractor. The Contractor may maintain a copy of deliverables for internal
reference purposes.

I. The Contractor’s intellectual property related to delivery of services will remain
The Contractor’s property unless otherwise specified in this Contract.

I.6 OTHER CONTRACTORS

The Contractor shall not commit or permit any act that will interfere with the
performance of work by another District contractor or by any District employee.

I.7 SUBCONTRACT APPROV AL OF SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractor’s work or services
to any subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District
will have the right to review and approve prior to its execution by the Contractor. Any
such subcontract shall specify that the Contractor and the subcontractor shall be subject
to every provision of this contract. Notwithstanding any such subcontract approved by
the District, the Contractor shall remain liable to the District for all Contractor's work and
services required hereunder.

I.8 DEPARTMENT APPROV AL OF SUBCONTRACTS

The Contractor hereunder shall not subcontract any of the Contractor’s work or services to
any Subcontractor without the prior written consent of the CO. Any work or service so
subcontracted shall be performed pursuant to a subcontract agreement, which the District
will have the right to review and approve prior to its execution by the Contractor. Any such
subcontract shall specify that the Contractor and its Subcontractor shall be subject to every
provision of this Contract. Notwithstanding any such subcontract approved by the District,
the Contractor shall remain liable to the District for all Contractor's work and services
required hereunder.

I.9 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of insurance
specified below. The Contractor shall have its insurance broker or insurance company
submit a Certificate of Insurance to the CO giving evidence of the required coverage prior
to commencing performance under this contract. In no event shall any work be performed
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until the required Certificates of Insurance signed by an authorized representative of the
insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written
with financially responsible companies authorized to do business in the District of
Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best
Company rating of A - / VII or higher. Should the Contractor decide to engage a
subcontractor for segments of the work under this contract, then, prior to comme ncement
of work by the subcontractor, the Contractor shall submit in writing the name and brief
description of work to be performed by the subcontractor on the Subcontractors Insurance
Requirement Template provided by the CA, to the Office of Risk Manageme nt (ORM).
ORM will determine the insurance requirements applicable to the subcontractor and
promptly deliver such requirements in writing to the Contractor and the CA. The
Contractor must provide proof of the subcontractor's required insurance to prior to
commencement of work by the subcontractor. If the Contractor decides to engage a
subcontractor without requesting from ORM specific insurance requirements for the
subcontractor, such subcontractor shall have the same insurance requirements as the
Contractor.
All required policies shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.

The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by the Contractor and its subcontractors (except for workers’
compensation and professional liability insurance) as an additional insureds for claims
against The Government of the District of Columbia relating to this contract, with the
understanding that any affirmative obligation imposed upon the insured Contractor or its
subcontractors (including without limitation the liability to pay premiums) shall be the sole
obligation of the Contractor or its subcontractors, and not the additional insured. The
additional insured status under the Contractor’s and its subcontractors’ Commercial
General Liability insurance policies shall be effected using t he ISO Additional Insured
Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other
endorsement or combination of endorsements providing coverage at least as broad and
approved by the CO in writing. All of the Contractor’s and i ts subcontractors’ liability
policies (except for workers’ compensation and professional liability insurance) shall be
endorsed using ISO form CG 20 01 04 13 or its equivalent so as to indicate that such
policies provide primary coverage (without any right of contribution by any other
insurance, reinsurance or self-insurance, including any deductible or retention, maintained
by an Additional Insured) for all claims against the additional insured arising out of the
performance of this Statement of Work by the Contractor or its subcontractors, or anyone
for whom the Contractor or its subcontractors may be liable. These policies shall include
a separation of insureds clause applicable to the additional insured.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits
than the minimums shown below, the District requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor and subcontractors.

1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a
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CGL policy, written on an occurrence (not claims -made) basis, on Insurance Services
Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence -based form with
coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of the Contractor, including ongoing and completed
operations under all subcontracts, and covering claims for bodily injury, including
without limitation sickness, disease or death of any persons, injury to or destruction of
property, including loss of use resulting therefrom, personal and advertising injury, and
including coverage for liability arising out of an Insured Contract (including the tort
liability of another assumed in a contract) and acts of terrorism (whether caused by a
foreign or domestic source). Such coverage shall have limits of liability of not less than
$1,000,000 each occurrence, a $2,000,000 general aggregate (including a per location
or per project aggregate limit endorsement, if applicable) limit, a $1, 000,000 personal
and advertising injury limit, and a $2,000,000 products-completed operations aggregate
limit including explosion, collapse and underground hazards.

The contractor should be named as an additional insured on the applicable
manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form
with coverage at least as broad).

DGS should collect, review for accuracy and maintain all warranties for goods and
services.

2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory
to the CO of commercial (business) automobile liability insurance written on ISO form
CA 00 01 10 13 (or another form with coverage at least as broad and approved by the
CO in writing) including coverage for all owned, hired, borrowed and non -owned
vehicles and equipment used by the Contractor, with minimum per accident limits equal
to the greater of (i) the limits set forth in the Contractor’s commercial automobile
liability policy or (ii) $1,000,000 per occurrence combined single limit for bodily injury
and property damage. Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier and Truckers must be endorsed onto
the policy

3. Workers’ Compensation Insurance - The Contractor shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with the
statutory mandates of the District of Columbia or the jurisdiction in which the contract
is performed.

Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory
to the CO of employer’s liability insurance as follows: $500,000 per accident for
injury; $500,000 per employee for disease; and $500,000 for policy disease limit.

All insurance required by this paragraph 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.

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4. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limits not less than $2,000,000
per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
to respond to the duties and obligations as is undertaken by Contractor in this agreement
and shall include, but not limited to, claims involving infringement of intellectual
property, including but not limited to infringement of copyright, trademark, trade dress,
invasion of privacy violations, information theft, damage to or destruction of electronic
information, release of private information, alteration of electronic information,
extortion and network security. The policy shall provide coverage for breach response
costs as well as regulatory fines and penalties as well as credit monitoring expenses
with limits sufficient to respond to these obligations.

5. Environmental Liability/Contractors Pollution Liability Insurance - The
Contractor shall provide evidence satisfactory to the CO of environmental liability
insurance covering losses caused by pollution or other hazardous conditions arising
from ongoing or completed operations of the Contractor. Such insurance shall ap ply
to bodily injury, property damage (including loss of use of damaged property or of
property that has been physically injured), clean -up costs, transit and non -owned
disposal sites. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages or settlements. There shall be neither
an exclusion nor a sublimit for mold or fungus -related claims. The minimum limits
required under this paragraph shall be equal to the greater of (i) the limits set for th in
the Contractor’s pollution liability policy or (ii) $ 5,000,000 per occurrence and
$5,000,000 in the annual aggregate. If such coverage is written on a claims-made basis,
the Contractor warrants that any retroactive date applicable to coverages under the
policy precedes the Contractor’s performance of any work under the Contract and that
continuous completed operations coverage will be maintained for at least ten (10) years
or an extended reporting period shall be purchased for no less than ten (10) years after
completion.

The Contractor also must furnish to CO Owner certificates of insurance evidencing
environmental liability insurance maintained by third party transportation and disposal
site operators(s) used by the Contractor for losses arising from facility(ies) accepti ng,
storing or disposing hazardous materials or other waste as a result of the Contractor’s
operations. Such coverages must be maintained with limits of at least the amounts set
forth above.

6. Installation-Floater Insurance - For projects not involving structures, the contractor
shall provide an installation floater policy with a limit equal to the Property values
being installed as part of the project. The policy shall cover property while located at
the project site, at temporary locations, or in transit; deductibles will be the sole
responsibility of the contractor.

7. Railroad Protective Liability Insurance (RPL) - The Contractor shall provide
evidence satisfactory to the Contracting Officer of a RPL policy with respect to
activities Contractor, or any of its officers, agents, employees, members, successors
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and assigns, or subcontractors, perform within fifty (50) feet vertically or horizontally
of railroad tracks, but only prior to the initiation of any such activity, Contractor shall
provide Railroad Protective Liability Insurance (ISO CG 00 35 or equivalen t), in the
name of the applicable railroad. The policy shall have limits of liability of not less than
Ten Million Dollars ($10,000,000.00) per occurrence, combined single limits, for
coverage A & B, for losses arising out of injury to or death of any pers on, and for
physical loss or damage to or destruction of property, including the loss of use thereof.
A Ten Million Dollar ($10,000,000.00) annual aggregate may apply. (If applicable)

8. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s
umbrella or excess liability policy or (ii) $10,000,000 per occurrence and $10,000,000
in the annual aggregate, following the form and in excess of all liability policies. All
liability coverages must be scheduled under the umbrella and/or excess policy. The
insurance required under this paragraph shall be written in a form that annually
reinstates all required limits. Coverage shall be primary to any insurance, self-insurance
or reinsurance maintained by the District and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.

B. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self -insurance including any deductible or retention,
maintained by the Government of the District of Columbia.

C. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract
and two years for non-construction related contracts.

D. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. However, the required minimum insurance requirements provided
above will not in any way limit the contractor’s liability under this contract.

E. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible
for any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of the District of Columbia.

F. MEASURE OF PAYMENT . The District shall not make any separate measure or
payment for the cost of insurance and bonds. The Contractor shall include all of the costs
of insurance and bonds in the contract price.

G. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall
be given thirty (30) days prior written notice in the event of coverage and / or limit changes
or if the policy is canceled prior to the expiration date shown on the certificate. The
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Contractor shall provide the CO with ten (10) days prior written notice in the event of non-
payment of premium. The Contractor will also provide the CO with an updated Certificate
of Insurance should its insurance coverages renew during the contract.

H. CERTIFICATES OF INSURANCE . The Contractor shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance sha ll be submitted to electronically to
james.marshall@dc.gov

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

I. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may
disclose the name and contact information of its insurers to any third party which presents
a claim against the District for any damages or claims resulting from or arising out of work
performed by the Contractor , its agents, employees, servants or subcontractors in the
performance of this contract.

J. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII (or the equivalent by any other rating agency) and
licensed in the District.

I.10 EQUAL EMPLOYMENT OPPORTUNITY

In accordance with the District of Columbia Administrative Issuance System, Mayor’s
Order 85-85 dated June 10, 1985, “on compliance with Equal Opportunity Requirements
in District government contracts,” each Bidder shall submit the forms for completion of
the Equal Employment Opportunity Information Report incorporated herein as
Attachment J.7. Failure to comply with the implementing rules shall result in rejection of
the respective bid. An award cannot be made to any Bidder who has not satisfied the equal
employment requirements.
I.11 ORDER OF PRECEDENCE
The Contract awarded as a result of this IFB will contain the following clause:

A conflict in language shall be resolved by giving precedence to the document in the
highest order of priority that contains language addressing the issue in question. The
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following documents are incorporated into the Contract by reference and made a part of
the Contract in the following order of precedence:

1. An applicable Court Order, if any;
2. Contract Document;
3. DGS Standard Contract Provisions (Attachment J.3);
4. Contract Plans and Drawings (Attachment J.1.1);
5. IFB, as amended;
6. Project Special Provisions (Attachment J.1.3);
7. Contract attachments other than the Attachments listed in paragraphs 3 through 6
above;
8. DDOT Standard Specifications Highways and Structures (2013) (Attachment
J.1.2) (gold book); and
9. Contractor’s Bid.

In the event of conflicting requirements in any of the documents noted above or herein,
the Contractor agrees to be bound by all decisions by the Department to implement the
most stringent and/or expensive of any conflicting requirements. Any failure by the
Contractor to seek clarification from the Department as to conflicting requirements shall
in no way limit the Department's ability to require implementation, including replacement
of installed Work at a later date at Contractor’s sole expense, to achieve compliance with
the more stringent requirements.

I.12 CLAIMS & DISPUTES
All Claims and Disputes arising under or relating to this Contract shall be resolved as
provided in the attached SCP (Attachment J.3).

I.13 CHANGES

a. The CO may, at any time, by written change order, contract directive or contract
modification and without notice to the surety, if any, make changes in the contract
within the general scope hereof. If such change causes an increase or decrease in
the cost of performance of the Contract, or in the time required for performance,
an equitable adjustment shall be made. Any claim for adjustment for a change
within the general scope must be asserted within ten (10) days from the date the
change is ordered; prov ided, however, that if the CO determines that the facts
justify such action, may receive, consider and adjust any such claim asserted at any
time prior to the date of final settlement of the Contract. If the Parties fail to agree
upon the adjustment to be made, the dispute shall be determined as provided in
Section I.12 of this IFB and the SCP.
b. The District shall not require the Contractor, and the Contractor shall not require a
subcontractor, to undertake any work that is beyond the original scope of the
Contract or subcontract, including work under a District-issued change order,
when the additional work increases the Contract price beyond the NTE Amount of
this Contract, unless the CO:

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1. Agrees with Contractor, and if applicable, the subcontractor on a price
for the additional work;
2. Obtains a certification of funding to pay for the additional work;
3. Makes a written, binding commitment with the Contractor to pay for
the additional work within 30-days after the Contractor submits a
proper invoice; and
4. Provides the Contractor with written notice of the funding
certification.
c. The Contractor shall include in its subcontracts a clause that requires the
Contractor to:

1. Within 5 business days of its receipt of notice the approved additional
funding, provide the subcontractor with notice of the amount to be
paid to the subcontractor for the additional work to be performed by
the subcontractor;
2. Pay the subcontractor any undisputed amount to which the
subcontractor is entitled for the additional work within 10 days of
receipt of payment from the District; and
3. Notify the subcontractor and CO in writing of the reason the
Contractor withholds any payment from a subcontractor for the
additional work.
d. Neither the District, Contractor, nor any subcontractor may declare another party
to be in default, or assess, claim, or pursue damages for delays, until the parties
agree on a price for the additional work.

I.14 NON-DISCRIMINATION CLAUSE

I.14.1 The Contractor shall not discriminate in any manner against any employee or applicant for
employment that would constitute a violation of the District of Columbia Human Rights
Act, effective December 13, 1977, as amended (D.C. Law 2 -38; D.C. Official Code § 2-
1401.01 et seq.) (“Act”, as used in this clause). The Contractor shall include a similar
clause in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. In addition, the Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places, available to employees and applicants for employment, a notice
setting forth the provisions of this non-discrimination clause as provided in section 251 of
the Act.

I.14.2 Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter
11 of Title 4 of the D.C. Municipal Regulations, the following clauses apply to the
contract:

a. The Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived: race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation,
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gender identity or expression, family responsibilities, genetic information,
disability, matriculation, political affiliation, or credit information. Sexual
harassment is a form of sex discrimination which is prohibited by the Act.
In addition, harassment based on any of the above protected categories is
prohibited by the Act.
b. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their actual or perceived: race, color, religion, national origin, sex,
age, marital status, personal appearance, sexual orientation, gender identity
or expression, family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. The affirmative
action shall include, but not be limited to the following:

1. employment, upgrading or transfer;
2. recruitment, or recruitment advertising;
3. demotion, layoff or termination;
4. rates of pay, or other forms of compensation; and
5. selection for training and apprenticeship.
c. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting
agency, setting forth the provisions in paragraphs 19(b)(1) and (b)(2)
concerning non-discrimination and affirmative action.
d. The Contractor shall, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment pursuant to the non -
discrimination requirements set forth in paragraph 19(b)(2).
e. The Contractor agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the contracting
agency, advising the said labor union or worke rs’ representative of that
contractor’s commitments under this nondiscrimination clause and the Act,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
f. The Contractor agrees to permit access to its books, records, and accounts
pertaining to its employment practices, by the Chief Procurement Officer
of DGS, or designee, or the Director of the Office of Human Rights or
designee, for purposes of investigation to ascertain compliance with the
Act, and to require under terms of any subcontractor agreement each
subcontractor to permit access of such subcontractors’ books, records, and
accounts for such purposes.
g. The Contractor agrees to comply with the provisions of the Act and with
all guidelines for equal employment opportunity applicable in the District
adopted by the Director of the Office of Human Rights, or any authorized
official.
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h. The Contractor shall include in every subcontract the equal opportunity
clauses, i.e., paragraphs 19(b)(1) through (b)(9) of this clause, so that such
provisions shall be binding upon each subcontractor.
i. The Contractor shall take such action with respect to any subcontract as the CO
may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor may request
the District to enter into such litigation to protect the interest of the District.

I.15 BONDS
I.15.1 Bid Bond

Bidders are required to submit with their bid a bid bond in the amount of five percent (5%)
of total bidding budget, in the form included as Attachment J.13. All bonding companies
must be included on the Department of Treasury’s Listing of Approved Sureties.
Alternatively, Bidders may submit a cashier’s check in lieu of a bid bond. However, in the
event a Bidder who is awarded the Contract fails to post payment and performance bonds
for the full value of the Contract, the Bidder shall thereby forfeit the full amount of the
cashier’s check, and the Department shall collect such funds as liquidated damages. If the
Bidder chooses to submit a cashier’s check in lieu of a bid bond, the Bidder must complete
the form included as Attachment J.14 and return, notarized, with the Bidder’s Bid.
I.15.2 Trade Subcontractor Bonds

The Contractor shall require that all trade subcontractors provide payment and performance
bonds having a penal value equal to One Hundred Percent (100%) of the cost of the trade
subcontract. All such bonds shall be written on a dual-obligee basis.
I.15.3 Contractor’s Payment and Performance Bond

The Contractor shall be required to provide payment and performance bonds each
having a penal value equal to 100% of the Contract amount. The Contractor shall
provide the required bonds within ten (10) days of the execution of the Contract. All
bonding companies must be licensed to conduct business in the District of Columbia and
be included on the Department of Treasury’s Listing of Approved Sureties website. The
Contractor shall submit with its bid a certification to provide payment and performance
bonds (Attachment J.12). This bond shall cover all aspects of the Project, including
but not limited to design fees, design-build fees, general condition price, and any
allowances, ensuring full protection for the Department and all subcontractors and
suppliers.

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I.16 CONTRACTS IN EXCESS OF ONE MILLION DOLLARS

Any contract in excess of $l,000,000 shall not be binding or give rise to any claim or
demand against the District until approved by the Council of the District of Columbia and
signed by the Contracting Officer.

I.17 GOVERNING LAW

This Contract and any disputes arising out of or related to this Contract, shall be governed
by, and construed in accordance with, the laws of the District of Columbia.

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SECTION J
LIST OF ATTACHMENTS

The following list of attachments are incorporated and attached to the Contract or a link to the
attachment has been provided.

Attachment
Number Document
J.1
Sycamore Drive SE Infrastructure Improvement Project Specifications and
related Reference Information Documents (RID’s)

J.1.1 Released for Construction Contract Plans for Sycamore Drive SE
Infrastructure Improvements (Contract Plans)
J.1.2 DDOT Standard Specifications for Highways and Structures, 2013 with 2020
Revisions (DDOT Gold Book)
J.1.3 Project Special Provisions
J.1.4 Limited Cleanup Plan for CCR Contaminated Soil during Stage 2 Utility
Installation Activities
J.1.5 St. Elizabeth East Campus – Stage 1 Phase 1 – Geotechnical and Pavement
Design Report – February, 2017
J.1.6 A&T lots 827 & 862– Future ROW limits
J.1.7 RESERVED
J.1.8 Project Sign
J.1.9 Parcel Map of East Campus dated April 2024
J.1.10 Existing Utilities Map of East Campus
J.1.11 St Elizabeths East Campus Stage 1 & 2 Areas - Overall Testing Reports for
Suspected Contaminated Soil Areas and Composite Mapping of Locations
J.1.12 Tree Removal Permit
J.1.13 Proposed Utilities 3D PDF
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Attachment
Number Document
J.2 Offer Letter and Price Schedule/Bid Form
J.3 Department of General Services Standard Contract Provisions General
Provisions for Construction Contracts (“SCP”)
J.4 U.S. Department of Labor Davis Bacon Wage Determination
and 29 CFR 5.5 Davis Bacon Provision
J.5 SBE Subcontracting Plan
J.6 Department of Employment Services First Source
J.6 First Source Employment Agreement and First Source Employment Plan
J.7 Equal Employment Opportunity
Employer Information Report and Mayor’s Order 85-85
J.8 Way to Work Amendment Act of 2006 –
FY 25 Living Wage Notice and Fact Sheet
J.9 Bidder/Offeror Certification
J.10 Conflict of Interest Disclosure Statement
J.11 Release of Lien Form
J.12 Certification to Furnish Performance & Payment Bonds
J.13 Bid Bond Form
J.14 Bid Bond Guarantee
J.15 Tax Affidavit
J.16 Campaign Reform Self Certification

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SECTION K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF BIDDERS

K.1 Bidders shall submit the Bidder/Offeror Certification Form (Attachment J.9) with their bids.

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SECTION L
INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 METHOD OF AWARD

L.1.1 The District reserves the right to accept/reject any/all bids resulting from this IFB. The CO
may reject all bids or waive any minor informality or irregularity in bids received whenever
it is determined that such action is in the best interest of the District.

L.1.2 The District intends to make one contract award resulting from this Solicitation to the
responsive and responsible Bidder who has the lowest evaluated bid.

L.1.3 The District will reject as non -responsive any bid that fails to conform in any material
respect to the IFB.

L.1.4 Bidders shall make no changes to the requirements set forth in the Solicitation.

L.1.5 Bidders must complete the Offer Letter and Bid Form (Attachment J.2) in its entirety to
be considered for this Solicitations. The Bidder’s failure to complete the Offer Letter and
Bid Form (Attachment J.2 ) will render the bid non -responsive and disqualify the
respective bid.

L.2 BID SUBMISSION DATE AND TIME

Bids must be submitted on or before 2:00 PM on January 21, 2026.

L.3 WITHDRAWAL OR MODIFICATION OF BIDS

A Bidder may modify or withdraw its bid upon written or facsimile transmission if received
at the location designated in the solicitation for submission of bids, but not later than the
exact time set for opening of bids.

L.4 LATE SUBMISSIONS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

L.4.1 Bids, modifications to bids, or requests for withdrawals that are received at the location
designated in the Solicitation after the time and date specified in Section L.2 of the IFB ,
shall be considered a “late” bid and will be considered only if they are received before the
Contract award is made and any of the following circumstances apply:

a. The bid or modification was sent by registered or certified mail no later than
five (5) calendar days before the date specified for receipt of bids;
b. It was sent by mail and the Contracting Officer determines that the late receipt
was due solely to mishandling by the District after receipt at the location
specified in the IFB; or
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c. It was sent electronically by the Bidder prior to the time and date specified and
there is objective evidence in electronic form confirming that the bid was
received prior to the bid receipt time and date specified.

L.4.2 Postmarks

The only acceptable evidence to establish the date of a late bid, late modification or late
withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal
Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal
Service. If neither postmark shows a legible date, the bid, modification or withdrawal shall
be deemed to have been mailed late. When the postmark shows the date but not the hour,
the time is presumed to be the last minute of the date s hown. If no date is shown on the
postmark, the bid shall be considered late unless the Bidder can furnish evidence from the
postal authorities of timely mailing.

L.4.3 Late Submissions

Any request for withdrawal or request for modification of a bid received after the bid
receipt time and date is late. A late bid, late request for modification or late request for
withdrawal shall not be considered, except as provided in this section.

L.4.4 Late Modifications

A late modification of a successful bid which makes its terms more favorable to the District
will be considered at any time it is received and may be accepted.

L.4.5 Late Bids

A late bid, late modification or late withdrawal of a bid that is not considered shall be held
unopened, unless opened for identification, until after award and then retained with
unsuccessful bids resulting from this solicitation.

L.5 BID IDENTIFICATION AND DELIVERY

Bids must be submitted electronically to https://procurement.opengov.com/portal/dc
no later than 2:00PM January 21, 2026.

L.6 ERRORS IN BIDS

Bidders are expected to read and understand fully all information and requirements
contained in the solicitation; failure to do so will be at the Bidder’s risk. In event of a
discrepancy between the unit price and the total NTE Amount, the unit price shall govern.
L.7 QUESTIONS ABOUT THE SOLICITATION

If a prospective Bidder has any questions or request s for clarification relative to this
Solicitation, the prospective Bidder shall submit all questions and requests for clarification
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to https://procurement.opengov.com/portal/dc by 4:00pm December 2 9, 2025 . The
Department will not consider any questions received after 4:00pm December 2 9, 2025.
The Department will review all questions and/ or requests for clarification received and
will furnish responses promptly to all other prospective Bidders. An amendment to the
solicitation will be issued, if that information is necessary in submitting bids, or if the lack
of it would be prejudicial to any other prospective Bidders. Oral explanations or
instructions given before the award of the contract will not be binding.

L.8 BID PROTESTS

Any actual or prospective Bidder or contractor who is aggrieved in connection with the
solicitation or award of a contract, must file with the D.C. Contract Appeals Board
(“Board”) a protest no later than ten (10) business days after the basis of protest is known
or should have been known, whichever is earlier. A protest based on alleged improprieties
in a solicitation which are apparent prior to bid opening or the time set for receipt of initial
bids shall be filed with the Board prior to bid opening or th e time set for receipt of initial
bids. In procurements in which bids are requested, alleged improprieties which do not exist
in the initial solicitation, but which are subsequently incorporated into this Solicitation,
must be protested no later than the next closing time for receipt of bids following the
incorporation. The protest shall be filed in writing, with the Board located at 441 4th Street,
N.W., Suite 350N, Washington, D.C. 20001. The aggrieved person shall also mail a copy
of the protest to the Department’s CO, as designated in this IFB.

L.9 ACKNOWLEDGMENT OF AMENDMENTS

The Bidder shall acknowledge receipt of any amendment to this solicitation by: (a) signing
and returning the amendment; (b) identifying the amendment number and date in the space
provided for this purpose in Section A.13 of the solicitation; or (c) by letter or telegram,
including mailgrams. The District must receive the acknowledgment by the date and time
specified for receipt of bids. A Bidder’s failure to acknowledge an amendment may result
in rejection of the bid.

L.10 SIGNING OF BIDS

L.10.1 The Contractor shall sign the bid and print or type its name on the Solicitation, Offer and
Award form of this Solicitation. Each bid must show a full business address and telephone
number of the Bidder and be signed by the person or persons legally authorized to sign
contracts. Erasures or other changes must be initialed by the person signing the bid. Bids
signed by an agent shall be accompanied by evidence of that agent’s authority, unless that
evidence has been previously furnished to the CO.

L.10.2 All correspondence concerning the bid or the resulting contract will be mailed to the
address shown on the bid in the absence of written instructions from the Bidder or
contractor to the contrary. Any bid submitted by a partnership must be signed with the
partnership name by a general partner with authority to bind the partnership. Any bid
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submitted by a corporation must be signed with the name of the corporation followed by
the signature and title of the person having authority to sign for the corporation.

L.11 FAMILIARIZATION WITH CONDITIONS

Bidders shall thoroughly familiarize themselves with the terms and conditions of this
solicitation, acquainting themselves with all available information regarding difficulties
which may be encountered and the conditions under which the work is be accompli shed.
Bidders will not be relieved from assuming all responsibility for properly estimating the
difficulties and the cost of performing the services required herein due to their failure to
investigate the conditions or to become acquainted with all inform ation, schedules and
liability concerning the services to be performed.

L.12 LEGAL STATUS OF BIDDER

Each bid must provide the following information:
L.12.1 Name, address, telephone number and federal tax identification number of Bidder;

L.12.2 A copy of each District of Columbia license, registration or certification that the Bidder is
required by law to obtain. If the Bidder is a corporation or partnership and does not provide
a copy of its license, registration or certification to transact business in the District of
Columbia, the Bidder shall certify its intent to obtain the necessary license, registration or
certification prior to contract award or its exemption from such requirements; and

L.12.3 If the Bidder is a partnership or joint venture, the names and addresses of the general
partners or individual members of the joint venture, and copies of any joint venture or
teaming agreements. If the Bidder is a partnership, the teaming agreement shall include the
intention, expectations, roles and responsibility of the prime contractor, roles and
responsibility of the teaming partner, why the parties are teaming, division of the work and
percentages.

L.13 PRE-BID CONFERRENCE AND SITE VISIT

L.13.1 Pre-bid Conference

The Pre-bid conference will be held December 18, 2025 at 10:00am EST at the R.I.S.E
Demonstration Center located at 2730 Martin Luther King Jr Ave SE, Washington, DC
20032. Potential Bidders are strongly encouraged to attend.

L.13.2 Site Visit

A Site Visit will be held December 18, 2025 , immediately follow ing the Pre -bid
Conference

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L.14 BID OPENING

The Bid Opening will be held at 3:00pm, EST on January 21, 2026 at the Department of
General Services Headquarters at 3924 Minnesota Avenue NE. The bid opening will be
held on the 1st floor in the Chuck Brown Conference Room.

L.15 CERTIFICATES OF INSURANCE

Prior to commencing work, the Contractor shall have its insura nce broker or insurance
company submit certificates of insurance giving evidence of the required coverages to the
CO as further detailed in Section I.9 of this IFB . Each certificate of insurance must
identify the contract or solicitation number.

L.16 GENERAL STANDARDS OF RESPONSIBILITY

L.16.1 To be determined responsible, a prospective contractor must demonstrate that it:

a. Has adequate financial resources, or the ability to obtain such resources, required
to perform the contract;

b. Is able to comply with the required or proposed delivery or performance
schedule, taking into consideration all existing commercial and government
contract commitments;

c. Has a satisfactory performance record;

d. Has a satisfactory record of integrity and business ethics;

e. Has a satisfactory record of compliance with the applicable District licensing
and tax laws and regulations;

f. A satisfactory record of compliance with the law, including labor and civil rights
laws and rules, the First Source Employment Agreement Act of 1984, effective
June 29, 1984 (D.C. Law 5-9; D.C. Official Code §§ 2-219.01 et seq.), the Small
and Certified Business Enterprise Development and Assistance Act of 2005, as
amended (D.C. Official Code §§ 2-218.01 et seq.), licensing, and tax laws;;

g. Has, or has the ability to obtain, the necessary organization, experience,
accounting, and operational control, and technical skills;

h. Has, or has the ability to obtain, the necessary production equipment,
construction equipment, technical equipment, and facilities;

i. Has not exhibited a pattern of overcharging the District;

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j. Does not have an outstanding debt with the District or the federal government in
a delinquent status of more than the greater of one thousand dollars ($1,000) or
one percent (1%) of the contract value, up to twenty -five thousand dollars
($25,000); and

k. Is qualified and is eligible to receive an award under applicable laws and
regulations.

l.16.1.1 If the Contracting Officer determin es that the price included in a prospective
contractor’s bid is so low as to appear unreasonable or unrealistic, the Contracting
Officer may determine the prospective contractor to be non-responsible.

L.16.2 If the prospective contractor fails to supply the information requested, the CO
shall make the determination of responsibility or non -responsibility based upon
available information. If the available information is insufficient to make a
determination of responsibility, the CO shall determine the prospective contractor
to be non-responsible.

L.16.3 Special Standards of Responsibility

The Department has determined that it is important to the timely and successful
completion of the Project that the Contractor and the Project Superintendent have
specific expertise and experience similar in size and scope as those described in
Section C.5 and the Contract Plans (Attachment J.1.1).

L.16.3.1 The Department has determined that the Bidder have successfully completed a
minimum of three (3) roadway projects within 15 miles of a metropolitan area with
a population greater than 700,000 within the past seven (7) years with a contract
value for each of $5,000,000 or greater. In response to this Special Standard of
Responsibility, the Bidder shall provide the following for each of the projects:

a. Name;
b. Location/Address;
c. Owner;
d. Start Date and End Date;
e. Dollar Amount; and
f. Point of Contact name, phone number and email address.

L.16.3.2 The Department has determined that at a minimum, the Field Superintendent shall
have a minimum of ten (10) years of roads and highway construction experience
as the Field Superintendent for a minimum of two (2) roadway projects successfully
completed within 15 miles of a of a metropolitan area with a population greater
than 700,000 within the past ten (10) years with a contract value for each of
$5,000,000 or greater. The Bidder shall identify the Field Superintendent and
provide the following information relative to the Field Superintendent’s projects:

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a. Name;
b. Location/Address;
c. Owner;
d. Start Date and End Date; and
e. Dollar Amount.

L.17 INSTRUCTIONS TO BIDDERS

L.17.1 The Bidder shall submit a completed Offer Letter and Bid Fo rm
(Attachment J.2)

L.17.2 The Bidder shall complete and include the following with their Bid:

a. Signed page 1 of the IFB;
b. Acknowledgement of Amendments (Section A.13);
c. The IFB pages 1 – 89 in its entirety;
d. SBE Subcontracting Pan (Attachment J.5);
e. Department of Employment Services Employment First Source Employment
Agreement (Attachment J.6 ) and initial Employment Plan outlining the
Bidder’s strategy to meet the local hiring requirements as part of its response
to this Solicitation as provided in the Employment Plan (Attachment J.6);
f. EEO Policy Statement (Attachment J.7);
g. Bidder/Offeror Certification Form (Attachment J.9);
h. Conflict of Interest Disclosure Statement (Attachment J.10);
i. Certification to provide Payment and Performance Bonds (Attachment J.12);
j. Bid Bond (Attachment J.13) or Bid Guarantee (Attachment J.14);
k. Tax Affidavit - Each Bidder shall submit a tax affidavit indicating whether the
prospective contractor has complied with the filing requirements of District of
Columbia tax laws, and whether the prospective contractor has paid taxes due
to the District of Columbia or is in compliance with any payment agreement
with the Office of Tax and Revenue. The affidavit shall be in a form provided
as Attachment J.15. In order to be eligible for this procurement, prospective
contractors must be in full compliance with their tax obligations to the District
of Columbia government;
l. Campaign Finance Reform Self-Certification (Attachment J.16)
m. Clean Hands Certificate available at https://mytax.dc.gov/_/ ; and
n. Response to Special Standards of Responsibility as detailed in Section L.16.3
of this IFB.

Potential Bidders: Please ensure that all required attachmen ts are fully
completed before submission. Failure to do so could render your bid non -
responsive.

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L.18 RESTRICTION ON DISCLOSURE AND USE OF DATA

L.18.1 Bidders who include in their bid data that they do not want to be disclosed to the
public or used by the District except for use in the procurement process shall mark
the title page with the following legend:

"This bid includes data that shall not be disclosed outside the District and shall
not be duplicated, used or disclosed in whole or in part for any purpose except
for use in the procurement process.

If, however, a contract is awarded to this Bidder as a result of or in connection
with the submission of this data, the District will have the right to duplicate,
use, or disclose the data to the extent consistent with the District’s needs in the
procurement process. This restriction does not limit the District’s rights to
use, without restriction, information contained in this bid if it is obtained from
another source. The data subject to this restriction are contained in sheets
(insert page numbers or other identification of sheets).”

L.18.2 Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction
on the title page of this Bid."

L.19 UNNECESSARILY ELABORATE BIDS

Unnecessarily elaborate brochures or other presentations beyond those sufficient to
present a complete and effective response to this solicitation are not desired and
may be construed as an indication of the Bidder’s lack of cost consciousness.
Elaborate artwork, expensive paper and bindings, and expensive visual and other
presentation aids are neither necessary nor desired.

L.20 RETENTION OF SUBMISSIONS

All submissions will be retained by the Department and therefore will not be
returned to the Bidders. With the exception of proprietary financial information, the
submissions will become the property of the Department, and the Department has
the right to distribute or use such information as it determines.

L.21 NO COMPENSATION FOR PREPARATION OF BIDS

The Department shall not bear or assume any financial obligations or liabilities
regarding the preparation of any bids submitted in response to this IFB, or prepared
in connection therewith, including, but without limitation, any bids, statements,
reports, data, information, materials or other documents or items.

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L.22 ELECTRONIC COPY OF BIDS FOR FREEDOM OF INFORMATION ACT
REQUESTS

In addition to other bid submission requirements, the Bidder must submit an
electronic copy of its bid, redacted in accordance with any applicable exemptions
from disclosure in D.C. Official Code §2 -534, in order for the District to comply
with §2-536(b) that requires the District to make available electronically copies of
records that must be made public. The District’s policy is to release documents
relating to District bids following award of the contract, subject to applicable FOIA
exemption under §2-534(a) (1).

L.23 BRAND NAME OR EQUAL

L.23.1 As used in this clause, the term “brand name” includes identification of products
by make and model.

L.23.2 If items called for by this IFB have been identified in the schedule by a “brand name
or equal” description, such identification is intended to be descriptive, but not
restrictive, and is to indicate the quality and characteristics of products that will be
satisfactory. Bids offering “equal” products will be considered for award if such
products are clearly identified in the bids and are determined by the District to be
equal in all material respects to the brand name products referenced in the IFB.

Unless the Bidder clearly indicates in his bid that he is offering an “equal” product,
his bid shall be considered as offering a brand name product referenced in the IFB.

L.23.3 If the Bidder proposes to furnish an “equal” product, the brand name, if any, of the
product to be furnished shall be inserted in the space provided in the IFB, or such
product shall be otherwise clearly identified in the bid.

L.23.4 The evaluation of bids and the determination as to equality of the product offered
shall be the responsibility of the District and will be based on information furnished
by the Bidder or identified in his bid as well as other information reasonably
available to the purchasing authority. CAUTION TO BIDDERS: The District is
not responsible for locating or securing any information which is not identified in
the bid and not reasonably available to the District.

L.23.5 Accordingly, to insure that sufficient information is available, the Bidder must
furnish as a part of his bid all descriptive material (such as cuts, illustrations,
drawings, or other information) necessary for the District to : (i) determine the
product offered meets the requirements of the IFB, and (ii) establish exactly what
the Bidder proposes to furnish and what the District would be binding itself to
purchasing by making an award. The information furnished may include specific
reference to information previously furnished or to information otherwise available
to the District.

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L.23.6 If the Bidder proposes to modify a product so as to make it conform to the
requirements of the IFB, it shall : (i) include in its bid a clear description of such
proposed modifications, and (ii) clearly mark any descriptive material to show the
proposed modifications.

L.23.7 Modifications proposed after bid opening to make a product conform to a brand
name product referenced in the IFB will not be considered.

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SECTION M
EVALUATION FACTORS

M.1. Preferences for Certified Business Enterprises

Under the provisions of the “Small and Certified Business Enterprise Development and
Assistance Act of 20 05”, D.C. Official Code § 2 -218.01 et seq., as amended (“Act”, as
used in this section ), the District shall apply preferences in evaluating bids from
businesses that are certified by DSLBD pursuant to Part D of the Act.

M.1.1. Application of Preferences

For evaluation purposes, the allowable preferences under the Act shall be applicable to
prime contractors in response to this IFB as follows:

M.1.1.1 A small business enterprise certified by the DSLBD will receive a three percent (3%)
reduction in the bid price.

M.1.1.2 A resident-owned business certified by DSLBD will receive a five percent (5%)
reduction in the bid price.

M.1.1.3 A longtime resident business certified by DSLBD will receive a ten percent (10%)
reduction in the bid price.

M.1.1.4 A local business enterprise certified by DSLBD will receive a two percent (2%)
reduction in the bid price.

L.1.1.5 A local business enterprise with its principal offices located in an enterprise zone
certified by DSLBD will receive a two percent (2%) reduction in the bid price.

M.1.1.6 A disadvantaged business enterprise certified by DSLBD will receive a two percent
(2%) reduction in the bid price.

M.1.1.7 A veteran-owned business certified by DSLBD will receive a two percent (2%)
reduction in the bid price.

M.1.1.8 A local manufacturing business enterprise certified by DSLBD will receive a two
percent (2%) reduction in the bid price.

M.1.1.9 An equity impact enterprise certified by DSLBD will receive a ten percent (10%)
reduction in the bid price.

DCAM-26-CS-IFB-0001
Redevelopment St. Elizabeths East Campus- Sycamore Drive SE Infrastructure Improvements

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M.1.2 Maximum Preference Awarded

Notwithstanding the availability of the preceding preferences, the maximum total
preference to which a certified business enterprise is entitled is twelve per cent (12%).
There will be no preference awarded for subcontracting by the prime contractor with
certified business enterprises.

M.1.3 RESERVED

M.1.4 Verification of Bidder’s Certification as a Certified Business Enterprise

M.1.4.1 Any Bidder seeking to receive preferences on this Solicitation must be certified at the
time of submission of its bid. The CO will verify the Bidder’s certification with
DSLBD, and the Bidder should not submit with its bid any documentation regarding
its certification as a certified business enterprise.

M.1.4.2 Any Bidder seeking certification in order to receive preferences under this solicitation
should contact the:

Department of Small and Local Business Development
ATTN: CBE Certification Program
441 Fourth Street, NW, Suite 850N
Washington DC 20001

M.1.4.3 All Bidders are encouraged to contact DSLBD at (202) 727-3900 if additional
information is required on certification procedures and requirements.