DCKA-2019-B-0018_Amd3.pdf

AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT

1. Contract Number Page of Pages 1 4

2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption

Streetlight Construction Citywide

Amendment 3 See Box 16C

6. Issued by: Code 7. Administered by (If other than line 6) District Department of Transportation Office of Contracting and Procurement 55 M Street, SE, 7th Floor Washington, DC 20003

8. Name and Address of Contractor (No. street, city, county, state and zip code) X

9A. Amendment of Solicitation No.

DCKA-2019-B-0018

9B. Dated (See Item 11) 01/22/2019

10A. Modification of Contract/Order No.

10B. Dated (See Item 13) Code Facility

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning ___1______ copy of the amendment: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such may be made by letter or fax, provided each letter or telegram makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (If Required):

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14

A. This change order is issued pursuant to (Specify Authority):

The changes set forth in Item 14 are made in the contract/order no. in item 10A.

B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.

C. This supplemental agreement is entered into pursuant to authority of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return ____ copy to the issuing office.

14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)

This amendment is issued to provide answers to questions and the following information:

1. At Section B.2 strike the existing text and replace it with the following:

In accordance with 27 DCMR Chapter 24, Procurement by Competitive Sealed Bidding, the Contract awarded under this Solicitation will be a fixed unit price Indefinite-Delivery Indefinite- Quantity (IDIQ) contract with a ceiling amount of $1,000,000.00 for the base year and each option year, if exercised.

The District Government contemplates award of one IDIQ contract for the work specified with payment based on fixed unit prices as set forth in the Price Schedule below. The Contractor shall provide all specified work required by the District.

2. At Section H.2 strike the text “General Wage Decision No. DC190001 1/18/2019 DC1” and replace with the following text: “General Wage Decision No. DC190001 02/08/2019 DC1”

Page of Pages

2 4

3. Delete Section G.6 and replace it with the following text:

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% 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 this 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 before:

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

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

G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount.

G.6.2 Payments to Subcontractors

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

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

3 4

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 shall pay subcontractors or suppliers interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid on the following if payment for the completed delivery of the item of property or service is made on or before the:

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.6.3 Subcontract requirements

G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2- 221.02(d).

G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an alternative to administrative or judicial resolution of a dispute between them.

4. At Section J.1 strike the text “DC180001 01/18/2019 DC1” and replace with “DC190001

02/08/2019 DC1”

5. Delete clause 15, Changes Clause, of the Standard Contract Provisions dated July 2010 for use with District of Columbia Government Supplies and Services Contracts and substitute the following clause 15, Changes Clause, in its place:

15. Changes:

(a) The CO may, at any time, by written order, 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; provided, however, that the CO, if he or she determines that the facts

4 4 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 clause 14 Disputes.

(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 not-to-exceed price or negotiated maximum price of the contract, unless the CO:

(1) Agrees with the 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 thirty (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 five (5) business days of its receipt of notice of 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 ten (10) days of receipt of payment from the District; and

(3) Notify the subcontractor and CO in writing of the reason(s) 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.

6. Vendor Question: Can you advise if the Previous Experience Form will be included via an amendment?

District’s Response: Yes. The Solicitation Section J attachments are hereby replaced in their entirety with the Section J attachments J.1 through J.11 attached to this amendment.

Except as provided herein, all terms and conditions of the document is referenced in Item 9A or 10A remain unchanged and in full force and effect.

15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer

Ana Rangel

15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed

(Signature)

Signature of Contracting Officer)

02/22/2019

Attachment J.1

2/22/2019 https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 1/11

General Decision Number: DC190001 02/08/2019 DC1

Superseded General Decision Number: DC20180001

State: District of Columbia

Construction Types: Heavy (Heavy and Sewer and Water Line) and Highway

County: District of Columbia Statewide.

HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines);

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019 1 01/18/2019 2 02/08/2019

ASBE0024-001 10/01/2017

Rates Fringes

Asbestos Worker/Heat and Frost Insulator Includes the application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems..........$ 35.13 16.22

ASBE0024-002 10/01/2017

Rates Fringes

HAZARDOUS MATERIAL HANDLER

https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 2/11

Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems..........$ 22.81 7.34

ASBE0024-005 10/01/2017

Rates Fringes

Fire Stop Technician.............$ 28.01 7.78

Includes the application of materials or devices within or around penetrations and openings in all rated wall or floor assemblies, in order to prevent the pasage of fire, smoke of other gases. The application includes all components involved in creating the rated barrier at perimeter slab edges and exterior cavities, the head of gypsum board or concrete walls, joints between rated wall or floor components, sealing of penetrating items and blank openings.

BOIL0193-001 01/01/2017

Rates Fringes

Boilermakers:....................$ 40.47 22.97

BRDC0001-001 04/29/2018

Rates Fringes

Bricklayer......................$ 31.36 10.78

BRMD0001-004 04/29/2018

Rates Fringes

BRICKLAYER

Refractory (Firebrick)......$ 38.82 11.35

CARP0197-010 05/01/2018

Rates Fringes

Carpenter/Lather.................$ 28.71 12.08

CARP0219-001 05/01/2018

Rates Fringes

MILLWRIGHT.......................$ 34.24 11.23

CARP0441-001 05/01/2018

Rates Fringes

PILEDRIVERMAN....................$ 30.94 11.45

CARP0441-003 05/01/2018

https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 3/11

Rates Fringes

DIVER TENDER.....................$ 33.41 11.45

DIVER............................$ 42.09 11.45

ELEC0026-001 11/05/2018

Rates Fringes

Electricians.....................$ 45.75 18.27

ELEC0070-001 09/03/2018

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Line Construction:

Cable Splicers..............$ 41.32 21%+5.96 Equipment Operators.........$ 36.92 21%+5.96 Groundmen...................$ 20.99 21%+5.96 Linemen.....................$ 41.32 21%+5.96 Truck Driver................$ 20.99 21%+5.96

ENGI0077-001 05/01/2017

Rates Fringes

Power equipment operators:

(HEAVY AND HIGHWAY

CONSTRUCTION)

GROUP 1.....................$ 38.09 8.95+a GROUP 2.....................$ 36.24 8.95+a GROUP 3.....................$ 34.07 8.95+a GROUP 4.....................$ 30.56 8.95+a GROUP 5.....................$ 26.39 8.95+a GROUP 6.....................$ 24.24 8.95+a GROUP 7.....................$ 39.21 8.95+a

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Tower Cranes and Cranes 100 ton and over.

GROUP 2: 35 ton cranes & above, derricks, concrete boom pump, drill rigs (+50,000 lbs torque), mole.

GROUP 3: Cranes, hoists, drill rigs (under 50,000 lbs torque), tie back machines, paving mixers, tunnel shovels, batch plants, shields, tunnel mining machines, draglines, mucking machines, graders in tunnels, pile driving engines, welder, horizontal directional drill operator, Tug boats.

GROUP 4: Front end loaders, boom trucks, backhoes, excavators, gradalls, power driven wheel scoops & scrapers, blade graders, motor graders, bulldozers, trenching machines, ballast regulator,hoe ram, locomotive (standard, narrow gauge, tuggers).

GROUP 5: Boilers (skelton), asphalt spreaders, bullfloat finishing machines, concrete finishing machines, concrete spreaders,concrete mixer, concrete pump, well points, hydraulic pumps, elevators, freeze uniits, tunnel motorman or dinky operator, conveyors, grout pump, fireman, ultra high pressure water jet cutting tool system operator/mechanic, horizontal directional drill locator, skid steers (fine grading), High lifts (lull type lifts).

https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 4/11

GROUP 6: Fork lifts, ditch witch, bobcat, skid steer, space heaters, sweepers, assistant engineers, oilers, service unit equipment, roller.

GROUP 7: Master mechanic.

a. PAID HOLIDAYS: New Years Day, Inaugural Day, Decoration Day, Independence Day, Labor Day, Martin Luther King's Birthday, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day.

ENGI0077-002 06/01/2016

Rates Fringes

Power equipment operators:

(PAVING AND INCIDENTAL

GRADING)

GROUP 1.....................$ 29.79 7.55

GROUP 2.....................$ 26.55 7.55

GROUP 3.....................$ 22.84 7.55

GROUP 4.....................$ 20.55 7.55

GROUP 5.....................$ 30.50 7.35

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Gradall operator, Crane.

GROUP 2: Boom Truck, Milling Machine, Excavator, Rubber Tire Backhoe, Asphalt Paver, Asphalt Plant Engineer, Motor Grader, Track Loader, Rubber Tire Loader, Track Dozer, Concrete Paver.

GROUP 3: Broom Truck, Asphalt Roller.

GROUP 4: Air Compressor, Grade Rollers.

GROUP 5: Mechanic.

ENGI0077-003 07/01/2018

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Power equipment operators:

(SEWER, GAS AND WATER LINE

CONSTRUCTION)

GROUP 1.....................$ 33.67 7.85+a GROUP 2.....................$ 27.72 7.85+a GROUP 3.....................$ 27.29 7.85+a GROUP 4.....................$ 25.65 7.85+a GROUP 5.....................$ 21.51 7.85+a

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1:Cranes 50 ton and above.

GROUP 2:Gradall, Lead Mechanic, Crane under 50 ton capacity.

GROUP 3:Boom Trucks, Excavators, Backhoes, Front-End Loaders, Fork Lift/Lull, Bulldozers, Motor Graders, Mechanic 1, Hydraulic Tamper and Hoe Pack, Paving Mixers, Pile Driving Engines, Batch Plant, Concrete Pumps, Low-Boy Driver, Lube Truck.

GROUP 4.Knuckle Boom, Trenching Machine, Well Drilling Machines, Concrete Mixers, Assistant Mechanic, Mini https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 5/11

Excavator under 10,000 lbs. gross weight.

GROUP 5:Oiler, Dump Truck, Skid Steer/Bobcat, Rollers.

a.PAID HOLIDAYS: New Year's Day, Inaugural Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving Day and Christmas Day

IRON0005-011 06/01/2017

Rates Fringes

IRONWORKER.......................$ 31.15 20.63

LABO0011-003 06/01/2018

Rates Fringes

Laborers: (HEAVY AND HIGHWAY

AND SEWER & WATER LINES

CONSTRUCTION)

GROUP 1.....................$ 25.35 8.32

GROUP 2.....................$ 26.00 8.32

GROUP 3.....................$ 26.00 8.32

GROUP 4.....................$ 26.20 8.32

GROUP 5.....................$ 26.77 8.32

GROUP 6.....................$ 27.50 8.32

GROUP 7.....................$ 28.20 8.32

GROUP 8.....................$ 29.14 8.32

LABORERS CLASSIFICATIONS:

GROUP 1: Carloaders, choker setter, concrete crewman, crushed feeder, demolition laborers, including salvaging all material, loading, cleaning up, wrecking, dumpmen, flagmen, fence erector and installer (other than chain link), including installation and erection of fence, guard rails, medial rails, reference posts, guide posts and right-of-way markers, form strippers, general laborers, railroad track laborers, riprap man, scale man, stake jumper, structure mover, includes foundation, separation, preparation, cribbing, shoring, jacking and unloading of structures, water nozzleman, timber bucker and faller, truck loader, water boys, tool room men.

GROUP 2: Combined air and water nozzleman, cement handler, dope pot fireman (nonmechanical), form cleaning machine, mechanical railroad equipment (includes spiker, puller, tile cleaner, tamper, pipe wrapper, power driven wheelbarrows, operators of hand derricks, towmasters, scootcretes, buggymobiles and similar equipment), tamper or rammer operator, trestle scaffold builders over one tier high, power tool operator (gas, electric or pneumatic), sandblast or gunnite tailhose man, scaffold erector, (steel or wood), vibrator operator (up to 4 feet), asphalt cutter, mortar men, shorer and lagger, creosote material handler, corrosive enamel or equl, paver breaker and jackhammer operators.

GROUP 3: Multi-section pipe layer, non-metallic clay and concrete pipe layer (including caulker, collarman, jointer, rigger and jacker, thermal welder and corrugated metal culvert pipe layer.

GROUP 4: Asphalt block pneumatic cutter, asphalt roller, walker, chainsaw operator with attachment, concrete saw https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 6/11

(walking), high scalers, jackhammer operator (using over 6 feet of steel), vibrator operator (4 feet and over), well point installer, air trac operator.

GROUP 5: Asphalt screeder, big drills, cut of the hole drills (1 1/2 " piston or larger), down the hole drills (3 1/2" piston or larger) gunnite or sandblaster nozzleman, asphalt raker, asphalt tamper, form setter, demolition torch operator, shotcrete nozzlemen and potman.

GROUP 6: Powderman, master form setters.

GROUP 7: Brick paver (asphalt block paver, asphalt block sawman, asphalt block grinder, hastings block or similar type)

GROUP 8: Licensed powdermen.

LABO0011-004 06/01/2018

Rates Fringes

Laborers: (HAZARDOUS WASTE

REMOVAL, EXCEPT ON MECHANICAL

SYSTEMS:

Preparation for, removing and encapsulation of hazardous materials from non-mechanical systems) Skilled Asbestos Abatement Laborers....................$ 21.64 8.32 Skilled Toxic and Hazardous Waste Removal Laborers....................$ 24.54 8.32

LABO0011-005 06/01/2018

Rates Fringes

Laborers: (TUNNEL, RAISE &

SHAFT (FREE AIR)

FOR HEAVY AND SEWER & WATER

LINES CONSTRUCTION)

GROUP 1.....................$ 26.28 8.32

GROUP 2.....................$ 27.14 8.32

GROUP 3.....................$ 29.29 8.32

GROUP 4.....................$ 30.21 8.32

LABORERS CLASSIFICATIONS:

GROUP 1: Brakeman, Bull Gang, Dumper, Trackmen, Concrete Man.

GROUP 2: Chuck Tender, Powdermen in Prime House, Form Setters and Movers, Nippers, Cableman, Houseman, Groutman, Bell or Signalman, Top or Bottom Vibrator Operator.

GROUP 3: Miners, Re-Bar Underground, Concrete or Gunnite Nozzlemen, Powdermen, Timbermen and Re-Timbermen, Wood Steel Including Liner plate or Other Support, Material Motorman, Caulkers, Diamond Drill Operators, Riggers, Cement Finishers- Underground, Welders and Burners, Shield Driver, Air Trac Operator, Shotcrete Nozzlemen and Potman.

GROUP 4: Mucking Machine Operator (Air).

LABO0011-006 06/01/2018

https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 7/11

Rates Fringes

Laborers: (TUNNEL, RAISE AND

SHAFT (COMPRESSED AIR) FOR

HEAVY CONSTRUCTION ONLY

Gauge Pressure Work Period (Pounds) (Hours) 1-14 7...........$ 35.20 8.32 14-18 6...........$ 41.42 8.32

FOOTNOTE: On any requirement for air pressure in excess of 18 PSI, work periods and rates should be negotiated at a pre-bid conference.

LABO0011-007 09/01/2018

Rates Fringes

Laborers: (PAVING AND

INCIDENTAL GRADING)

Asphalt Raker & Concrete Saw Operator................$ 20.52 7.27 Asphalt Shoveler............$ 19.65 7.27 Asphalt Tamper & Concrete Shoveler....................$ 20.14 7.27 Jack Hammer.................$ 20.17 7.27 Laborer.....................$ 19.47 7.27 Sand Setter & Form Setter...$ 21.19 7.27

LABO0011-008 06/01/2018

Rates Fringes

LABORERS (BRICK MASONRY WORK)

Mason Tenders...............$ 17.60 8.32 Scaffold Builders, Mortarmen...................$ 18.67 8.32

MARB0002-003 04/29/2018

Rates Fringes

Marble & Stone Mason Includes Pointing, Caulking and Cleaning of All Types of Masonry, Brick, Stone and Cement Structures..................$ 37.91 17.08

MARB0003-001 04/29/2018

Rates Fringes

Mosaic & Terrazzo Worker, Tile Layer.......................$ 28.20 11.67

MARB0003-004 04/29/2018

Rates Fringes

Marble, Tile & Terrazzo Finisher.........................$ 23.28 10.72 https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 8/11

PAIN0051-001 06/01/2018

Rates Fringes

Painters:

All Industrial Work.........$ 31.10 11.48 Bridges, Heavy Highway, Lead Abatement and Flame/Thermal Spray.........$ 38.03 12.28 Commercial and Mold Remediation, Painters, Wallcovers and Drywall Finishers...................$ 25.06 9.76 Metal Polishing and Refinishing.................$ 26.06 9.76

* PLAS0891-001 02/01/2019

Rates Fringes

Cement Masons:

HEAVY CONSTRUCTION ONLY.....$ 28.45 11.28

PLAS0891-002 06/01/2017

Rates Fringes

Cement Masons: (PAVING &

INCIDENTAL GRADING)

Cement Masons...............$ 20.10 7.38 Concrete Saw Operators......$ 20.10 7.38 Form Setters................$ 20.10 7.38

PLUM0005-001 08/01/2018

Rates Fringes

Plumbers.........................$ 42.92 18.15+a

a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day and the day after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's Birthday, Memorial Day and the Fourth of July.

PLUM0602-005 08/01/2018

Rates Fringes

Steamfitter, Refrigeration & Air Conditioning Mechanic........$ 41.64 21.57+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day.

SHEE0100-001 07/01/2018

Rates Fringes

Sheet Metal Worker...............$ 40.27 20.34+a

a. PAID HOLIDAYS: New Year's Day, Martin Luther King's https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 9/11

Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day

TEAM0639-001 06/01/2018

Rates Fringes

Truck drivers: (HEAVY &

HIGHWAY CONSTRUCTION)

Tractor trailer, Low Boy....$ 26.00 5.11+a Truck Drivers...............$ 24.00 5.11+a

a. VACATION: Employees will receive one (1) week's paid vacation after one (1) year of service.

TEAM0639-005 06/01/2018

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Truck drivers: (PAVING &

INCIDENTAL GRADING)

All paving projects where the grading is incidental to the paving...............$ 24.00 5.11+a

a. VACATION: Employees will receive one (1) week's paid vacation after one (1) year of service.

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 10/11 and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

https://www.wdol.gov/wdol/scafiles/davisbacon/DC1.dvb?v=2 11/11

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Attachment J.2

THE LIVING WAGE ACT OF 2006

D.C. Official Code §§ 2-220.01 – 2-220.11

Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who perform services under the contracts no less than the current living wage.

Effective January 1, 2019, the living wage rate is $14.50 per hour.

The requirement to pay a living wage applies to:

All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive

$15,000 or more from the funds received by the recipient from the District of Columbia, and All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of these recipients that receive $50,000 or more from the government assistance received by the recipient from the District of Columbia.

“Contract” means a written agreement between a recipient and the District government.

“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit from an agency, commission, instrumentality, or other entity of the District government.

“Affiliated employee” means any individual employed by a recipient who received compensation directly from government assistance or a contract with the District of Columbia government, including employees of the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs services pursuant to government assistance or contract. The term “affiliated employee” does not include those individuals who perform only intermittent or incidental services with respect to the contract or government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.

Certain exemptions apply: 1) contracts or agreements subject to wage determinations required by federal law which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements, provided that the future agreements results in employees being paid no less than the current living wage; 3) contracts performed by regulated utilities; 4) contracts for services needed immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to recipients that provide trainees with services, including but not limited to case management and job readiness services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or retail establishments that occupy property constructed or improved by government assistance, provided there is no receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more than 50 individuals and qualify for 501(c)(3) status; 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 persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983; D.C. Official Code § 44-501; and

10) contracts or agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and workers who provide companionship services. Employers within this industry are now subject to recordkeeping provisions.

Each recipient and subcontractor of a recipient shall provide this notice to each affiliated employee covered by this notice, and shall also post this notice in a conspicuous site in its place of business.

All recipients and subcontractors shall retain payroll records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years.

To file a claim, visit: Department of Employment Services , Office of Wage-Hour, 4058 Minnesota Avenue, NE, Suite 3600, Washington, D.C. 20019; call: (202) 671-1880; or file your claim on-line: does.dc.gov. Go to “File a Claim” tab.

Attachment J.3

GOVERNMENT OF THE DISTRICT OF COLUMBIA

Department of Employment Services

MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES

MAYOR ACTING DIRECTOR

4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900

LIVING WAGE ACT FACT SHEET

The Living Wage Act of 2006, D.C. Official Code §§ 2-220.01 – 2-220.11, provides that District of Columbia government contractors and recipients of government assistance (grants, loans, tax increment financing) in the amount of $100,000 or more shall pay affiliated employee wages at no less than the current living wage rate.

Effective January 1, 2019, the living wage rate is $14.50 per hour.

Subcontractors of D.C. government contractors who receive $15,000 or more from the contract and subcontractors of the recipients of government assistance who receive $50,000 or more from the assistance are also required to pay their affiliated employees no less than the current living wage rate.

“Affiliated employee” means any individual employed by a recipient who receives compensation directly from government assistance or a contract with the District of Columbia government, including any employee of a contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract.

The term “affiliated employee” does not include those individuals who perform only intermittent or incidental services with respect to the government assistance or contract, or who are otherwise employed by the contractor, recipient or subcontractor.

Exemptions – The following contracts and agreements are exempt from the Living Wage Act:

1. Contracts or other agreements that are subject to higher wage level determinations required by federal law (i.e., if a contract is subject to the Service Contract Act and certain wage rates are lower than the District’s current living wage, the contractor must pay the higher of the two rates);

2. Existing and future collective bargaining agreements, provided that the future collective bargaining agreement results in the employee being paid no less than the current 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;

6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as 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;

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 of Columbia;

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 (68 A 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 persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983; D.C. Official Code § 44-501; and

10. Contracts or other agreements between managed care organizations and the Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

Enforcement The Department of Employment Services (DOES) Office of Wage-Hour and the D.C. Office of Contracting and Procurement share monitoring responsibilities.

Furthermore, as of November 12, 2015, the US Court of Appeals upheld “The Home Care Final Rule”, issued on October 1, 2013, which had an effective date of January 1, 2015. The Department of Labor issued the Home Care Final Rule to extend overtime protections to home care workers and workers who provide companionship services.

Employers within this industry are now subject to recordkeeping provisions.

If you learn that a contractor subject to this law is not paying at least the current living wage, you should report it to the contracting officer. If you believe that your employer is subject to this law and is not paying at least the current living wage, you may file a complaint with the DOES Office of Wage - Hour, located at 4058 Minnesota Avenue, N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov. Go to “File a Claim” tab.

For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the Department of Employment Services on (202) 671-1880.

Please note: This fact sheet is for informational purposes only as required by Section 106 of the Living Wage Act. It should not be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.

Attachment J.4

SBE Subcontracting Plan – Revised October 2014

SBE SUBCONTRACTING PLAN

INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects (agency contracts & private project with District subsidy) over $250,000, shall require at least 35% of the amount of the contract (total amount of agency contract or total private project development costs) be subcontracted to Small Business Enterprises (SBE), if insufficient qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency contracts, options & extensions, it can only be amended with DSLBD’s consent.

SUBMISSION OF SBE SUBCONTRACTING PLAN:

For agency solicitations - submit to agency with bid/proposal.

For agency options & extensions - submit to agency before option or extension exercised.

For private projects - submit to DSLBD, agency project manager and District of Columbia Auditor, with each quarterly report. As private projects may not have awarded all contracts at the time the District subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each quarterly report and list all SBE/CBE subcontracts executed by the time of submission.

CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the portion of the subcontract performed, at every tier, by a SBE/CBE using its own organization and resources. COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs and CBEs (AT EVERY TIER) MUST BE PROVIDED TO RECEIVE

CREDIT.

EXEMPTION: If the Beneficiary (Prime Contractor or Developer) is a CBE and will perform the ENTIRE government-assisted project with its own organization and resources and will NOT subcontract any portion of the services and goods, then the CBE is not required to subcontract 35% to SBEs.

BENEFICIARY ( which applies Prime Contractor or Developer) INFORMATION:

Company: Contact # Email address:

Street Address:

all that applies, Company is:

a SBE a CBE CBE Certification Number:

WILL perform the ENTIRE agency contract or private project with its own organization and resources WILL subcontract a portion of the agency contract or private project

Company’s point of contact for agency contract or private project:

Point of Contact: Title:

Contact # Email address:

Street Address:

GOVERNMENT-ASSISTED PROJECT ( which applies Agency Contract or Private Project) INFORMATION:

AGENCY SOLICITATION

Solicitation Number Solicitation Due Date:

Agency :

Total Dollar Amount of Contract: $

*Design-Build must include total contract amount for both design and build phase of project.

35% of Total Dollar Amount of Contract: $

Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)

PRIVATE PROJECT

District Subsidy:

Agency Providing Subsidy:

Amount of District Subsidy:

Date District Subsidy Provided:

Project Name:

Project Address:

Total Development Project Budget: $ (include pre-construction and construction costs)

35% of Total Development Project Budget: $

Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)

SBE/ CBE SUBCONTRACTORS (FOR EACH TIER):

SBE/ CBE SUBCONTRACTOR INFORMATION: (For design-build projects, the SBE Subcontracting Plan is not required to be submitted for preconstruction services; however, a full SBE Subcontracting Plan (35% of the contract amount including total design and build costs) is required to be submitted before entering into a guaranteed maximum price or contract authorizing construction.)

SBE/ CBE Company Address/Telephone No./

Email Subcontractor Tier (1st, 2nd, 3rd, etc.)

Description of Subcontract scope of work to be PERFORMED WITH SBE/CBEs OWN ORGANIZATION & RESOURCES

Select Tier

Period of subcontract:

Price to be paid to the SBE/CBE Subcontractor: $ all that applies, Subcontractor is:

a SBE a CBE CBE Certification #:

SBE/CBE will perform the ENTIRE subcontract with its own organization and resources SBE/CBE will subcontract a portion of the subcontract (MUST LIST

EACH LOWER TIER SBE/ CBE SUBCONTRACTS)

SBE/ CBE Point of Contact

Name:

Title:

Telephone Number:

Email Address:

SBE/ CBE SUBCONTRACTOR INFORMATION: (For design-build projects, the SBE Subcontracting Plan is not required to be submitted for preconstruction services; however, a full SBE Subcontracting Plan (35% of the contract amount including total design and build costs) is required be to submitted before entering into a guaranteed maximum price or contract authorizing construction.)

SBE/ CBE Company Address/Telephone No./

Email Subcontractor Tier (1st, 2nd, 3rd, etc.)

Description of Subcontract scope of work to be PERFORMED WITH SBE/CBEs OWN ORGANIZATION & RESOURCES

Select Tier

Period of subcontract:

Price to be paid to the SBE/CBE Subcontractor: $ all that applies, Subcontractor is:

a SBE a CBE CBE Certification # SBE/CBE will perform the ENTIRE subcontract with its own organization and resources SBE/CBE will subcontract a portion of the subcontract (MUST LIST

EACH LOWER TIER SBE/ CBE SUBCONTRACTS)

SBE/ CBE Point of Contact

Name:

Title:

Telephone Number:

Email Address:

I , of , swear or affirm the above is true and accurate (Name) (Title) (Prime Contractor/ Developer)

(Signature) (Date)

Complete additional copies as needed.

AGENCY CONTRACTING OFFICER’S USE ONLY OR AGENCY PROJECT MANAGER’S USE ONLY

( which applies. Only one option should be selected.)

AGENCY CONTRACT AWARD

Agency:

Prime Contractor:

Contract Number:

Date SBE Subcontracting Plan Accepted:

Date agency contract signed:

Anticipated Start Date of Contract:

Anticipated End Date of Contract:

Total Dollar Amount of Contract: $

*Design-Build must include total contract amount for both design and build phase of project.

35% of Total Contract Amount: $

Total Amount of All SBE/CBE subcontracts: $ (include every tier)

( if applies)

Base Period Contract -- Option/Extension Period:

Multi-year Contract

First year (period) of Contract:

Current year (period) of Contract:

Design-Build --Date of Guaranteed Contract:

Check if prime contractor is a CBE and will perform the ENTIRE government-assisted project (agency contract) with its own organization and resources and NOT subcontract any portion of services or goods.

PRIVATE PROJECT SUBSIDY AWARD

Agency Providing Subsidy:

District Subsidy:

Developer:

Amount of District Subsidy:

Date District Subsidy Provided/ contract signed:

Anticipated Start Date of Project:

Anticipated End Date of Project:

Project Name:

Project Address:

Total Development Project Budget: $ (include pre-construction and construction costs)

35% of Total Development Project Budget: $

Total Amount of All SBE/CBE subcontracts: $ (include every lower tier)

Check if developer is a CBE and will perform the ENTIRE government-assisted project (private project) with its own organization and resources and NOT subcontract any portion of services or goods.

AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION

( which applies)

The Below Agency Contracting Officer or Agency Project Manager Affirms the following (…