DCKA-2023-B-0042_Att1.pdf

IFB Template – DDOT Locally-funded Construction [SEPT 22] Page 1 of 69 DC Power Line Underground (DC Plug )

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF TRANSPORTATION

IPMD

SOLICITATION:

INVITATION FOR BIDS

LOCALLY FUNDED PROJECT

INVITATION NO.:

PROJECT: District of Columbia Power Line Undergrounding (DC Plug) Feeder

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A. SOLICITATION, OFFER, AND AWARD

1. Caption District of Columbia Power Line Undergrounding (DC Plug)

Page of Pages

2. Contract Number 3. Solicitation Number

4. Type of Solicitation

5. Date Issued 6. Type of Market

X Sealed Bid (IFB) Open Sealed Proposals (RFP) Set Aside Sole Source Open with Sub-

Contracting Set Aside Human Care Agreements

Emergency

7. Issued By:

District Department of Transportation Office of Contracting and Procurement 55 M Street, SE – Suite 700 Washington, DC 20003

8. Address Offer to:

Department of Transportation Office of Contracting and Procurement 250 M Street, SE Suite 700 Washington, DC 20003

NOTE: In sealed bid solicitations "offer" and offeror" means "bid" and "bidder"

SOLICITATION

9. Sealed offers in original and 1 copy for furnishing the supplies or services in the Schedule will be received at address in 8 above until local time on for electronic submission refer to Section L of the Solicitation.

CAUTION: Late Submissions, Modifications and Withdrawals: See 27 DCMR chapters 15 & 16 as applicable. All offers are subject to all terms & conditions contained in this solicitation.

10. For Information Contact:

A. Name

District of Columbia Power Line Undergrounding (DC Plug) Feeder

B. Telephone C. E-mail Address (Area Code) (Number) (Ext)

11. Table of Contents

(X) Section Description Page No. (X) Section Description Page No.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A Solicitation/Contract Form 1 X I Contract Clauses 35

X B Contract Type, Supplies or Services and Price/Cost 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C Specifications/Work Statement 5 X J List of Attachments 48 x D Packaging and Marking 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E Inspection and Acceptance 10

X K Representations, Certifications, and Other Statements of Offerors 49

X F Period of Performance and Deliverables 13

X G Contract Administration 14 X L Instructions, Conditions, and Notices to Offerors 50

X H Special Contract Requirements 20 X M Evaluation Factors 61

OFFER

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 330 calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

13Not Applicable

14. Acknowledgement of Amendments (The offeror acknowledges receipt of amendments to the SOLICITATION) [In case there is more than three amendments attach separate sheet with acknowledgements):

Amendment Number Date Amendment Number

Date

15A. Name and Address of Offeror 16. Name and Title of Person Authorized to Sign Offer

15B. Telephone 15 C. Check if remittance address is different from above - Refer to Section G

17. Signature 18. Offer Date

(Area Code) (Number) (Ext)

AWARD (TO BE COMPLETED BY GOVERNMENT)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Name of Contracting Officer (Type or Print) 23. Signature of Contracting Officer (District of Columbia)

24. Award Date

Government of the District of Columbia Office of Contracting & Procurement x

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SECTION B: CONTRACT TYPE AND PRICE/COST

B.1 SUMMARY

The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the District Department of Transportation (“DDOT” or “Department”), is seeking a contractor to provide Civil Infrastructure construction for the District of Columbia Power Line Undergrounding (DC PLUG) Feeder (the “Project”) in accordance with the Contract Documents, as defined herein.

B.2 TYPE OF CONTRACT

In accordance with 27 DCMR 2402.2 the contract (“the Contract”) awarded under this Invitation for Bids (“IFB” or “Solicitation”) shall be a fixed price contract based on fixed price unit prices with a not to exceed amount (ceiling) equal to the Contract award amount.

B.3 DESIGNATION OF SOLICITATION FOR THE SMALL BUSINESS SET-ASIDE

MARKET ONLY

For the purposes of this Solicitation, the term “District businesses” is defined as DSLBD CBE’s and certified joint ventures.

This Invitation for Bids (IFB) is designated only for DSLBD certified business enterprises (CBE) and certified joint venture bidders under the provisions of the DC PLUG program.

The DC PLUG program is authorized pursuant to the Electric Company Infrastructure Improvement Financing Amendment Act of 2015, DC Law 20-102, (effective May 3, 2014) codified in DC Code §34-1311.01 et seq. and the amendments thereto enacted by the Electric Company Infrastructure Improvement Financing Amendment Act of 2017, DC Law 22-5 (effective July 11, 2017).

B.4 SPECIAL PROVISIONS RELATED to COVID-19 EMERGENCY

The Contractor is required to comply with Mayor’s Order 2021-099, COVID-19 Vaccination Certification Requirement for District Government Employees, Contractors, Interns, and Grantees, dated August 10, 2021, and all substantially similar vaccine requirements including any modifications to this Order, unless and until they are rescinded or superseded. At the request of the District government, Contractors may be asked to provide certification of compliance with this requirement and/or documents and records in support of this certification.

The Contractor is required to comply with City Administrator’s Order 2021-4, Resumption of Requirement for All Persons to Wear a Mask Inside District Government Buildings and While on Duty as a District Government Employee or Contractor, dated July 30, 2021, and all substantially similar mask requirements including any modifications to this Order, unless and until they are rescinded or superseded.

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B.6 PRICE SCHEDULE

Note to bidders: The price schedule is attached at Section J.9. The price schedule of the selected awardee will be included here in the executed contract.

B.7 SCOPE OF PAYMENT

In accordance with Standard Specifications Section 109.02:

A. The Contractor shall receive and accept compensation in accordance with the Price Schedule as full payment for furnishing all materials and for performing all of the Work in a complete and satisfactory manner including all labor, Plant, as defined herein, and incidentals needed, and for all risk, loss, damage or expense of whatever nature arising from the Work and its prosecution, subject to the terms of the Contract.

B. If work under one Contract Line Item (“CLIN”) includes compensation for any work or material accessory to that CLIN, the amount of such work or material will not be measured, nor will payment be made under, any other CLIN.

C. Where two or more Contract Line Item areas overlap either by discrepancy in definition or by the intricate nature of the work, payment will be made at the lowest Contract unit price of overlapping Contract Line Items involved.

D. The phrases “Work includes” and “as part of the Work” are sometimes used to clarify that referenced requirements shall be included as part of the Contract Line Item involved; no separate or additional payment will be made.

E. The phrase “at Contractor expense” means the Contractor shall meet requirements as its sole expense with neither liability nor expense to the District.

B.8. NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

B.8.1 Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs incurred in provision of goods or performance of services under this contract pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement (NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit organization may elect to instead include in its rates its indirect costs:

(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;

(2) By negotiating a new percentage indirect cost rate with the awarding agency;

(3) As calculated with the same percentage indirect cost rate as the nonprofit organization negotiated with any District agency within the past 2 years; however, a nonprofit organization may request to renegotiate indirect costs rates in accordance with B.8.2; or

(4) As calculated with a percentage rate and base amount, determined by a certified public accountant, as defined in the Act, using the nonprofit organization's audited financial statements from the immediately preceding fiscal year, pursuant to the OMB Uniform Guidance, and certified in writing by the certified public accountant.

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B.8.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.

B.8.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect cost rates as the nonprofit organization subcontractors would have received as a prime contractor.

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SECTION C: DESCRIPTION/SPECIFICATIONS/ STATEMENT OF WORK

C.1 STATEMENT OF WORK

The Contractor shall provide all labor, materials and equipment for the construction of the Project in accordance with the Contract Documents (“the Work”). The work under this Contract consists of the civil construction for PEPCO feeder of the DC Power Line Undergrounding Program (DC Plug), located in Ward 4 and bound by Colorado Avenue, Blagden Avenue NW, 16th Street NW, 14th Street NW, and 13th Street NW from Allison Street NW to Madison Street NW as shown on the plans and as directed by the Contract Administrator. The scope of work includes, but is not limited to, the following major improvements:

a. The removal and disposal of existing roadway pavement, curb, gutter, and sidewalks to the extents shown on plans or as necessary for access to trench excavation.

b. The installation of PEPCO supplied materials such as PVC and fiberglass conduits, precast manholes, precast tapholes, precast transformer enclosures, and other related items and components.

c. The furnishing and installation of pea gravel concrete for ductbank encasement.

d. The furnishing and installation of thermal fill for ductbank encasement at transmission feeder crossings.

e. The furnishing and installation of concrete and reinforcing steel for cast-in-place manhole construction.

f. Excavation and backfilling of all utility cuts.

g. Temporary restoration of all utility cuts.

h. Permanent restoration of all utility cuts.

i. Restoration of all pavement markings disturbed by the utility cut and pavement restoration work. Upgrade crosswalks to the high visibility type at all intersections within the project limits.

j. Pavement profiling (milling) and overlay (approximately 2 inches) of utility cuts and per plan in accordance with DDOT standards.

k. Installation of topsoil, seed, and mulch on all disturbed earth and grass areas.

l. Installation of replacement curb (in-kind), curb and gutter (in-kind), and sidewalk (in-kind) sections.

m. The installation and use of erosion and sediment control measures meeting DDOT/DOEE standards and per plan.

n. Dust control during pavement sawcutting and excavation operations.

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o. Mobilization and demobilization, completion of field layout, provision and maintenance of engineer's field facilities, progress photographs, and rodent control.

p. Maintain vehicular, bicycle and pedestrian traffic per DDOT Standard Specifications Section 612 (MOT Typicals) or as directed by the Contract Administrator. Maintain access to residential, institutional, and commercial establishments using appropriate means as approved by the Contract Administrator.

q. Maintain service of all existing utilities during construction.

Work also includes all incidentals needed to complete the project as shown on the Contract plans, and described in the Specifications and the Technical Specifications or as directed by the Contract Administrator.

Work includes the disposal of all unsalvageable materials and all labor, materials, tools, equipment, and incidentals necessary to obtain a complete and finished product.

The Contractor shall be fully responsible for protection against damages for the duration of the Contract of all the utility structures within the Contract limits and adjacent thereto.

The utilities include but are not limited to public and/or private water, sewer, electricity, gas, and communications lines. No separate measurement or payment will be made. Cost of this protective work shall be reflected and distributed among the Contract pay items.

C.2 APPLICABLE DOCUMENTS INCORPORATED BY REFERENCE

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

Title Link

DDOT Standard Specifications for Highways and Structures, 2013 https://ddot.dc.gov/page/standard -specifications-highways-and-structures

DDOT Standard Drawings, 2015 https://ddot.dc.gov/page/standard -drawings-2015

Equal Employment Opportunity Employer Information Report and Mayor’s Order 85-85 https://ocp.dc.gov/sites/default/fil es/dc/sites/ocp/publication/attach ments/EEO_Information_and_May or%27s_Order_April_2015.pdf

Way to Work Amendment Act of 2006 – Living Wage Notice https://ocp.dc.gov/sites/default/fil es/dc/sites/ocp/page_content/atta chments/Living%20Wage%20Notic e%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/publication/attachments/EEO_Information_and_Mayor%27s_Order_April_2015.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/publication/attachments/EEO_Information_and_Mayor%27s_Order_April_2015.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/publication/attachments/EEO_Information_and_Mayor%27s_Order_April_2015.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/publication/attachments/EEO_Information_and_Mayor%27s_Order_April_2015.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Notice%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Notice%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Notice%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Notice%202019.pdf https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/DDOT_StandardSpecificationsHighwaysStructures_2013.pdf https://d92016.eos-intl.net/eLibSQL14_D92016_Documents/396815346-Standard-Drawings-2015-Full-Doc.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/publication/attachments/EEO_Information_and_Mayor%27s_Order_April_2015.pdf

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Way to Work Amendment Act of 2009 – Living Wage Fact Sheet https://ocp.dc.gov/sites/default/fil es/dc/sites/ocp/page_content/atta chments/Living%20Wage%20Fact% 20Sheet%202019.pdf

Subcontracting Plan Form http://ocp.dc.gov/node/541462

DOES First Source Employment Program https://does.dc.gov/page/first-source-employment-program-

C.3 DEFINITIONS

The definitions at Section 101.03 of the Standard Specifications apply to this Contract except to the extent specifically stated herein.

For the convenience of the bidders, the following definitions from Section 101.03 are specified below. To the extent that the definitions below modify and supplement Section 101.03, such modified and supplemented definitions supersede the corresponding definitions at Section 101.03.

Contract – The entire, integrated agreement between the District and the Contractor for the Project. The Contract is made of the Contract Documents, and supersedes prior negotiations, representations or agreements.

Contract Documents – The Contract documents consist of the Solicitation sections A-K (the “Contract Form”), addenda issued prior to execution of the Contract, the price schedule, performance and payment bonds, specifications, contract drawings, and other documents listed in this contract form, and modifications issued after execution of the Contract.

Final Acceptance – The occurrence of all the events and satisfaction of all the conditions with respect to the Work for completion of all aspects of the Contract as set forth in Standard Specifications Section 108.09.

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

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

Work – The furnishing of all labor, materials, equipment, and incidentals necessary or convenient to the successful completion of the Project and the carrying out of the duties and obligations imposed by the Contract.

In addition, these terms are defined as follows: NA https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Fact%20Sheet%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Fact%20Sheet%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Fact%20Sheet%202019.pdf https://ocp.dc.gov/sites/default/files/dc/sites/ocp/page_content/attachments/Living%20Wage%20Fact%20Sheet%202019.pdf http://ocp.dc.gov/node/541462 https://ocp.dc.gov/publication/first-source-employment-agreement-construction-projects-only-february-2018

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C.4 DELIVERABLES

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

Item Description Schedule Contract Reference

1. Subcontractor Payment Form Monthly G.3

2. Subcontractor Approval Request Form As Needed I.5

3. Schedule Update Monthly G.1.B

4.. Certified Payrolls and Statement of Compliance

Weekly H.18

C.5 CONTRACTOR’S RESPONSIBILITY FOR WORK

This paragraph supersedes Standard Specifications Section 107.15, “Contractor’s Responsibility for Work.”

A. Until Final Acceptance of the Project by the District, the Contractor shall be responsible for the Project and shall take every precaution against injury, or damage to any part thereof, whether arising from the execution or from the non-execution of the Project.

The Contractor shall rebuild, repair, restore, and bare the expense of such injury or damage before Final Acceptance except to the extent that such injury or damage is due to unforeseeable cause beyond the control, and without the fault or negligence, of the Contractor or subcontractor.

B. In case of suspension of all or any portion of the Work from any cause whatever, the Contractor shall be responsible for the Project and shall 1 ) take such precautions as may be necessary to prevent damage to the Project, 2) provide for normal drainage and 3) erect any necessary temporary structures, signs, or other facilities. In addition, during such period of suspension, the Contractor shall properly and continuously maintain, in an acceptable growing condition, all living material in newly established plantings, seeding, and sodding furnished under the Contract, and shall take necessary precautions to protect new tree growth and other important vegetative growth against injury.

C.6 BRAND NAME OR EQUAL

A. If items called for by the Solicitation have 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. The District will consider alternate products to be equal if the Contract Administrator determines them to be equal in all material respects to the brand name products referenced in the Solicitation.

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

C.7 SUPPLEMENTARY SPECIFICATIONS (also referred to as “Special Provisions”)

Supplementary Specifications (also referred to as “Special Provisions”) are attached to the Contract at Section J.8.

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SECTION D: PACKAGING AND MARKING

Not Applicable.

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SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION

This clause supersedes Standard Specifications Section 103.01, Article 12, “Inspection and Acceptance.”

A. The Contractor shall allow the District, and any entity defined in subparagraph D below, to test and inspect materials and workmanship. at reasonable times and at the Site of the Work, unless the Engineer notifies the Contractor that inspection or testing of a material to be incorporated in the Work will be made at the place of production, manufacture, or shipment (“off-site”) of such material.

1. To the extent specified in the Engineer’s notification to the Contractor of off-site inspection or testing, such inspection or test shall be conclusive as to whether the material involved conforms to Contract requirements.

2. Such off-site inspection or test shall not relieve the Contractor of responsibility for damage to, or loss of, the material prior to incorporation into the Work, nor in any way affect the rights of the District under the terms of this Article, except as herein above provided.

B. The District will endeavor to perform such inspections and testing in such manner as not unnecessarily to delay the Work. Special, full size, and performance tests shall be performed as described in the Contract.

C. The Contractor shall furnish promptly, without additional cost to the District, all facilities, labor, equipment and material, including access and traffic control devices, needed for performing safe and convenient inspection and testing in accordance with subparagraph A and D of this clause. If off-site material and workmanship are not ready for inspection at the time specified by the District, the Contractor shall be responsible for any additional cost of tests and inspection.

D. When a unit of government other than the District, a utility company, or a railroad has an interest in or is affected by the Contract, its respective representatives shall have the right to inspect such portion of the Work. Such inspection shall not make any government unit, utility company, or railroad a party to the Contract nor interfere with the rights of the District or the Contractor.

E. The Contractor shall, at its own expense, replace any material and correct any workmanship determined by the District not to conform to the Contract requirements, as directed by the District. If, however, the District determines that acceptance of such work is in the public interest, the District may accept such material or workmanship and make an appropriate downward adjustment in the Contract price. The Contractor shall promptly segregate and remove rejected material from the premises at Contractor’s expense. Costs associated with inspection services will not be permitted in claims nor as a basis of claims except as specifically provided herein.

F. Failure of the District to inspect or reject workmanship or material shall not in any way imply acceptance, nor prevent the District from later rejecting the work. Inspection and

IFB Template – DDOT Locally-funded Construction [SEPT 22] Page 13 of 69 acceptance by the District in no way relieves the Contractor of its responsibility to meet the requirements of the Contract Documents.

G. If the Contractor does not promptly replace rejected material or correct rejected workmanship, the District:

1. May, by Contract or otherwise, replace such material and correct such workmanship and charge the cost thereof to the Contractor, or

2. May terminate the Contractor’s Right to Proceed in accordance with Standard Specifications Section 103.01 Article 5, “Termination-Delays.”

H. Should the Engineer determine that it is necessary to make an examination of any part or all of the Work by removing or tearing out same, the Contractor shall, upon request, promptly furnish all necessary facilities, labor and material to do same. If such work is found to be defective or nonconforming, in any material respect, due to the fault of the Contractor or its Subcontractors, the Contractor shall be responsible for the expenses of such removal and tearing out of the work, examination, and of satisfactory reconstruction of the work. If, however, such work is found to meet the requirements of the Contract, the District will make an equitable adjustment in the Contract Price to compensate the Contractor for the additional services involved in such removal or tearing out of such work, examination and reconstruction. If completion of the Work has been delayed thereby, the District will, in addition, make an equitable extension of time.

E.2 ACCEPTANCE

This clause supersedes Standard Specifications Section 105.13, “Inspection – Acceptance.”

A. PARTIAL ACCEPTANCE - When the Contractor completes a suitable unit or portion of the Project, the Engineer may make, or the Contractor may request, final inspection of that unit. If the Engineer determines that such unit or portion is complete and meets Contract requirements, he or she may accept in writing that unit or portion as complete, which written acceptance shall include a description of specific work accepted, and the Contractor may be relieved of further responsibility for the accepted unit or portion subject to the requirements of the Contract. Such partial acceptance shall not void or alter any Contract provision.

B. FINAL INSPECTION AND ACCEPTANCE

1. Within thirty (30) consecutive Calendar Days after receipt of written notice from the Contractor that Contract work is complete, and the Project area cleaned up, the Engineer will make a final inspection of the Project. The Contractor shall promptly correct all deficiencies identified by the Engineer. Once the Contractor has satisfactorily completed all of the requirements at Section 108.09, “Substantial Completion and Acceptance,” the Engineer will certify in writing Final Acceptance of the Project.

2. Unless otherwise provided in the Contract, Final Acceptance by the District will be made as promptly as practicable after inspection of the Work and shall be final and

IFB Template – DDOT Locally-funded Construction [SEPT 22] Page 14 of 69 conclusive except with regard to latent defects, fraud, or such gross mistakes as may amount to fraud, or with regard to the District’s rights under any warranty or guaranty.

3. The Project will not be accepted until the Contractor has met all Contract requirements. The Contractor remains responsible for the correction of any deficient or non-compliant aspects of the Work until Final Acceptance, even if discovered after Final Acceptance.

C. The warranty of workmanship for the Work shall commence at Substantial Completion and continue for a period of 2 years. If the Department declares partial Substantial Completion on any portion of the Work in advance of Substantial Completion for the entire Project, the warranty period for such portion shall commence on the date of partial Substantial Completion and continue for a period of 2 years.

D. The Department, at any time during the warranty period, may conduct an inspection of the Work in order to determine conformance to the Contract. If the Department reasonably determines that defective work of any nature is present and is the responsibility of the Contractor, the Contractor shall immediately make corrective action to bring the defective Work into compliance with the Contract, or to the satisfaction of the Department, and at no expense of the Department.

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SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 PERIOD OF PERFORMANCE

For the purposes of the Contract “Period of Performance” means “Contract Time” as defined in Standard Specification Section 108.08, Determination of Contract Time and Partial Performance.

In accordance with Section 108.09, “Substantial Completion and Final Acceptance,” the following periods of performance apply to this Contract:

A. Substantial Completion Date. Unless the Contract specifies a different time, Substantial Completion is 30 Calendar Days before Final Acceptance.

B Final Acceptance Date. The Final Acceptance Date is consecutive calendar days from the date of Notice to Proceed.

F.2 DELIVERABLES

A. The Contractor shall perform the activities required to successfully complete the District’s requirements and submit each deliverable to the Contract Administrator.

B. In addition to all deliverables required by the Contract, the Contractor shall submit to the District, as a deliverable, all reports required by First Source Employment Agreement (see H.5.E). If the Contractor does not submit the report as part of the deliverables, the District shall not make final payment to the Contractor pursuant to section G.3.B.

F.3 FAILURE TO COMPLETE ON TIME

Standard Specifications Section 108.09(C), “Liquidated Damages,” applies to the Contract.

F.4 ROAD USERS FEES

N/A

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SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

This clause supplements and modifies Standard Specifications Section 103.01 Article 9, “Payments to Contractor,” and Section 109.05, “Progress Payments,” as follows:

A. Monthly Invoices (also be referred to as “applications for payment”). On a monthly basis, the Contractor shall submit a proper invoice, in accordance with paragraph G.2(B) below, for completed work. The Contractor shall submit evidence of timely payments to all subcontractors, in accordance with paragraph G.2, below.

The District will make progress payments to the Contractor for work satisfactorily performed, less any retainage, discounts, allowances or adjustments provided for in this Contract, on or before the 30th day after approval of an invoice for payment. Progress payments do not constitute final acceptance of the work for which payments are made.

B. In the event that the Contractor fails to submit to the CO, at the time of its invoice submittal, evidence of timely payment to subcontractors for work under the previous invoice and a performance schedule update, the District will withhold progress payments.

C. Retainage.

The District may retain up to 5% of each progress payment. If, however, the Contractor has been notified in writing of its failure to meet Contract requirements, the District may withhold retainage up to 10% of each subsequent progress payment.

G.2 INVOICE SUBMITTAL

A. The Contractor shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov.

B. Unless otherwise specified in the Contract, the Contractor shall submit proper invoices on a monthly basis.

C. To constitute a proper invoice, the Contractor shall enter all required information into the Portal after selecting the applicable purchase order number, which is listed on the Contractor’s profile.

D. At the time of each invoice, the Contractor shall submit to the CA all deliverables required under the Contract.

G.3 THE QUICK PAYMENT ACT (Feb 2019)

This clause supplements and modifies Standard Specifications Section 109.06, “Payment to Subcontractors and Suppliers Certificate,” as follows:

A. Interest Penalties to Contractors

1. The District will pay interest penalties on amounts due to the Contractor under the Quick Payment Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period https://vendorportal.dc.gov/ https://vendorportal.dc.gov/

IFB Template – DDOT Locally-funded Construction [SEPT 22] Page 17 of 69 beginning on the day after the required payment date and ending on the date on which payment of the amount is made. Interest shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if payment for the completed delivery of the item of property or service is made on or before the required payment date. The required payment date shall be:

a. The date on which payment is due under the terms of this contract;

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

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

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

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

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

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

c. 15th day after any other required payment date.

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

B. Payments to Subcontractors

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

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

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

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

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

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

c. 15th day after any other required payment date.

3. Any amount of an interest penalty which remains unpaid 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.

3. A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does not constitute a dispute to which the District is a party.

The District may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

C. Subcontract requirements

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

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

G.4 ASSIGNMENT OF CONTRACT PAYMENTS

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

B. Any assignment shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party.

C. Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required to prepare invoices. Where such an assignment has been made, the original copy of the invoice must refer to the assignment and must show that payment of the invoice is to be made directly to the assignee as follows: “Pursuant to the instrument of assignment dated ___________, make payment of this invoice to (name and address of assignee).”

G.5 FINAL PAYMENT

This clause supersedes Standard Specification Section 109.08, “Acceptance and Final Payment.”

A. Acceptance means “Final Acceptance,” as defined in Standard Specification Section 108.08(B). When the Project has been accepted in accordance Standard Specification Section 101.08(B), the Contractor shall prepare, and submit to the CA, the final estimate

IFB Template – DDOT Locally-funded Construction [SEPT 22] Page 21 of 69 for the Work performed for approval by the District. If the District approves the final estimate without exception to the quantities, the Contractor may file an invoice for final payment. The amount of the final payment will be the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the Contract. All prior partial estimates and progress payments shall be subject to correction in the final estimate and payment.

B. In addition to its invoice for final payment, the Contractor must submit to the Contracting Officer:

1. A release of all claims against the District arising from or relating to this Contract;

2. Proof of payment of all subcontractors; and

3. All required product warranties, as-built drawings, operating manuals, material certifications, and other items as specified in the Contract.

The District shall not make final payment to the Contractor unless and until all required documentation is received.

C. All release forms must bear an original signature of an individual authorized to sign on behalf of the Contractor and must be affixed with the Contractor’s corporate seal or the seal of a Notary Public.

D. Notwithstanding the provisions of B.1 above, the Contractor may reserve from the release specific claims only if such claims have been submitted in accordance with the Disputes clause of the Contract. In such event, the District will make final payment pending resolution of the claim. Upon final adjudication

G.6 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

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

B. 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.7 CONTRACTING OFFICER (CO)

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

Carol Hessler Office of Contracting and Procurement 250 M Street, SE, 7th Floor Telephone: (202) 524-8136 E-mail: carol.hessler@dc.gov mailto:carol.hessler@dc.gov

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G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER (“CO”)

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

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

CO.

C. In the event the Contractor effects any change at the 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.

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

G.9 CONTRACT ADMINSTRATOR (CA)

A. The address and telephone number of the Contract Administrator (CA) is: TBD

B. For the purposes of the Contract, “Contract Administrator” or “CA” are synonymous with “Engineer.” The CA is responsible for general administration of the Contract and advising the CO as to the Contractor’s compliance or noncompliance with the Contract.

The CA has the responsibility of ensuring the work conforms to the requirements of the Contract and such other responsibilities and authorities as may be specified in the Contract. The CA will act as the CO’s representative on technical matters, providing technical clarifications, as necessary, with respect to the Specifications or Statement of Work, and monitoring the progress and quality of the Contractor’s performance. Other responsibilities include:

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

2. Coordinating site entry for Contractor personnel, if applicable;

3. Reviewing and approving invoices for completed work if the Contractor’s costs are consistent with the negotiated amounts and progress is satisfactory and commensurate with the rate of expenditure;

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

5. Inspecting and accepting/rejecting all deliverables under the Contract; and

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

C. The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make contractual agreements, commitments or modifications;

2. Grant deviations from or waive any of the terms and conditions of the Contract;

3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the Contract,

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance;

6. Substitute key personnel without CO approval; or

7. Authorize the use of District property, except as specified under the Contract.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

A. For all new employment resulting from this contract or subcontracts hereto, as defined in 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:

1. At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of Columbia registered in programs approved by the District of Columbia Apprenticeship Council.

B. The Contractor shall negotiate an Employment Agreement with the 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

A. Section 103.02(A) of the Standard Specifications is modified and supplemented as follows:

In accordance with applicable provisions of 29 CFR Part 1 which require that the correct wage determination and the appropriate wage rates therein be incorporated into this contract. General Wage Decision No. dated is bound herein and contains the specific applicable wage rate(s) which is for: Heavy (Heavy and Sewer and Water Line) and Highway.

B. Further, as set forth in 29 CFR Part 1, Section 1.6(c)(3)(iv), if the intent to award letter is not issued within ninety (90) days of bid opening, all intervening modifications, notice of which are published on the US Department of Labor website, are made a part of this Contract. The Contractor will be reimbursed this added labor cost.

C. Within 7 days after the regular payment date of the Contractor’s payroll period, the Contractor shall submit all certified payrolls and the accompanying Statement of Compliance electronically using LCPTracker, the DDOT electronic labor compliance software. DDOT will provide information regarding registration for LCPTracker at the pre-construction conference. More information regarding these requirements is in the Davis Bacon Compliance Requirements, attached at J.4.

H.3 PREGNANT WORKERS FAIRNESS

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

A. The Contractor shall not:

1. Refuse to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the Contractor can demonstrate that the accommodation would impose an undue hardship;

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2. Take an adverse action against an employee who requests or uses a reasonable accommodation in regard to the employee's conditions or privileges of employment, including failing to reinstate the employee when the need for reasonable accommodations ceases to the employee's original job or to an equivalent position with equivalent:

a. Pay;

b. Accumulated seniority and retirement;

c. Benefits; and

d. Other applicable service credits;

3. Deny employment opportunities to an employee, or a job applicant, if the denial is based on the need of the employer to make reasonable accommodations to the known limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;

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

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

or

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

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

1. New employees at the commencement of employment;

2. Existing employees; and

3. An employee who notifies the employer of her pregnancy, or other condition covered by the PPWF Act, within 10 days of the notification.

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

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

H.4 UNEMPLOYED ANTI-DISCRIMINATION

A. The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official Code § 32-1361 et seq.

B. The Contractor shall not:

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

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

a. Any provision stating or indicating that an individual's status as unemployed disqualifies the individual for the job; or

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

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

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

EMPLOYMENT AGREEMENT

A. The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code § 2-219.01 et seq. (First Source Act).

B. The Contractor shall enter into and maintain during the term of the contract, a First Source Employment Agreement (Employment Agreement) with the District of Columbia Department of Employment Services (DOES), in which the Contractor shall agree that:

1. The first source for finding employees to fill all jobs created in order to perform the…