DCKA-2023-B-0050_Att1.pdf

DCKA-2023-B-0050 “Tree Removal Services”

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DISTRICT DEPARTMENT OF TRANSPORTATION

URBAN FORESTRY PROGRAM

INVITATION FOR BID

LOCALLY FUNDED PROJECT

SOLICITATION NO.: DCKA-2023-B-0050

PROJECT: Tree Removal Services

A. SOLICITATION, OFFER, AND

AWARD

1. Caption

Tree Removal Services

Page of Pages

2. Contract Number

3. Solicitation Number

DCKA-2023-B-0050

4. Type of Solicitation

5. Date

Issued 6. Type of Market

X Sealed Bid (IFB)

X 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 – 7th Floor Washington, DC 20002

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

SOLICITATION

9. Electronic bids are due at 5:00 pm EST time on June 22, 2023 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: Benita

Scott

B. Telephone C. E-mail Address

(Area Code) (Number) (Ext)

Benita.Scott@dc.gov

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 39

X B Contract Type, Supplies or Services and Price/Cost

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C Specifications/Work Statement 19 X J List of Attachments 48 x D Packaging and Marking 26 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E Inspection and Acceptance 27 X K

Representations, Certifications, and

Other Statements of Offerors

X F Period of Performance and

Deliverables

X G Contract Administration 28 X L Instructions, Conditions, and Notices to

Offerors

X H Special Contract Requirements 31

OFFER

12.

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/Contract

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

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

B.1 The District of Columbia Office of Contracting and Procurement, on behalf of

District Department of Transportation (the “District”) Urban Forestry Division (UFD) is seeking a contractor to perform tree removal services in the District of Columbia.

B.2 The District contemplates award of 27 DCMR Chapter 24, Firm Fixed-Price IDIQ.

B.3 PRICE SCHEDULE

B.3.1 BASE PERIOD

Contract Line

Item CLIN

Item

Description

Price Per

Unit Minimum

Quantity

Minimum

Total

Price

Price Per

Unit

Maximum

Quantity

Maximum

Total Price

CLIN 0001 Tree 0” - 6”

DBH

CLIN 0001A Complete

Removal 1 600

CLIN 0001B Stump

Removal 1 100

CLIN 0001C Expedited

Complete Tree

Removal

1 10

CLIN 0001D

Tree Removal with Cut

Stump

Treatment

1 50

CLIN 0002 Tree 6.1” –

12” DBH

CLIN 0002A Complete

1 800

CLIN 0002B Stump

Removal 1 150

CLIN 0002C Expedited

Complete Tree

Removal

1 15

CLIN 0002D Tree Removal with Cut

Stump

Treatment

1 20

CLIN 0003 Tree 12.1” –

18” DBH

CLIN 0003A Complete

1 750

CLIN 0003B Stump

Removal 1 150

CLIN 0003C Expedited

Complete Tree 1 20

CLIN 0003D

Stump

Treatment

1 10

CLIN 0004 Tree 18.1” –

24” DBH

CLIN 0004A Complete

1 750

CLIN 0004B Stump

Removal 1 150

CLIN 0004C Expedited

Complete Tree

Removal

1 15

CLIN 0004D

Stump

Treatment

1 5

CLIN 0005 Tree 24.1” –

30” DBH

CLIN 0005A Complete

1 650

CLIN 0005B Stump

Removal 1 125

CLIN 0005C Expedited

Complete Tree

Removal

CLIN 0005D

Stump

Treatment

1 5

CLIN 0006 Tree 30.1” –

36” DBH

CLIN 0006A Complete

1 500

CLIN 0006B Stump

Removal 1 125

CLIN 0006C Expedited

Complete Tree

Removal

CLIN 0006D

Stump

Treatment

1 5

CLIN 0007 Tree 36.1” –

42” DBH

CLIN 0007A Complete

1 425

CLIN 0007B Stump

Removal 1 100

CLIN 0007C Expedited

Complete Tree

Removal

CLIN 0007D

Stump

Treatment

1 5

CLIN 0008 Tree 42.1” –

48” DBH

CLIN 0008A Complete

1 275

CLIN 0008B Stump

Removal 1 100

CLIN 0008C Expedited

Complete Tree

Removal

1 10

CLIN 0008D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 0009 Tree 48.1” –

54” DBH

CLIN 0009A Complete

1 250

CLIN 0009B Stump

Removal 1 100

CLIN 0009C Expedited

Complete Tree

Removal

1 10

CLIN 0009D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 0010 Tree 54.1”

DBH or

Above

CLIN 0010A Complete

1 125

CLIN 0010B Stump Removal 1 95

CLIN 0010C Expedited

Complete Tree

Removal

1 5

CLIN 0010D Tree Removal with Cut Stump

Treatment

1 5

Grand Totals

OPTION YEAR 1

Item CLIN

Item

Description

Price Per

Unit Minimum

Quantity

Minimum

Total

Price

Price Per

Unit

Maximum

Quantity

Maximum

Total Price

CLIN 1001 Tree 0” - 6”

CLIN 1001A Complete

1 600

CLIN 1001B Stump

Removal 1 100

CLIN 1001C Expedited

Complete Tree

Removal

CLIN 1001D

Stump

Treatment

1 50

CLIN 1002 Tree 6.1” –

CLIN 1002A Complete

1 800

CLIN 1002B Stump

Removal 1 150

CLIN 1002C Expedited

Complete Tree

Removal

1 15

CLIN 1002D Tree Removal with Cut

Stump

Treatment

1 20

CLIN 1003 Tree 12.1” –

CLIN 1003A Complete

1 750

CLIN 1003B Stump

Removal 1 150

CLIN 1003C Expedited

Complete Tree

Removal

1 20

CLIN 1003D Tree Removal with Cut

Stump

Treatment

1 10

CLIN 1004 Tree 18.1” –

CLIN 1004A Complete

1 750

CLIN 1004B Stump

Removal 1 150

CLIN 1004C Expedited

Complete Tree

Removal

CLIN 1004D

Stump

Treatment

1 5

CLIN 1005 Tree 24.1” –

CLIN 1005A Complete

1 650

CLIN 1005B Stump

Removal 1 125

CLIN 1005C Expedited

Complete Tree

Removal

CLIN 1005D

Stump

Treatment

1 5

CLIN 1006 Tree 30.1” –

CLIN 1006A Complete

1 500

CLIN 1006B Stump

Removal 1 125

CLIN 1006C Expedited

Complete Tree

Removal

CLIN 1006D

Stump

Treatment

1 5

CLIN 1007 Tree 36.1” –

CLIN 1007A Complete

1 425

CLIN 1007B Stump

Removal 1 100

CLIN 1007C Expedited

Complete Tree

Removal

1 10

CLIN 1007D Tree Removal with Cut

Stump

Treatment

CLIN 1008 Tree 42.1” –

48” DBH

CLIN 1008A Complete

Removal 1 275

CLIN 1008B Stump

Removal 1 100

CLIN 1008C Expedited

Complete Tree

Removal

1 10

CLIN 1008D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 1009 Tree 48.1” –

CLIN 1009A Complete

1 250

CLIN 1009B Stump

Removal 1 100

CLIN 1009C Expedited

Complete Tree

Removal

1 10

CLIN 1009D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 1010 Tree 54.1”

CLIN 1010A Complete

1 125

CLIN 1010B Stump

Removal 1 95

CLIN 1010C Expedited

Complete Tree

Removal

1 5

CLIN 1010D Tree Removal with Cut

Stump

Treatment

OPTION YEAR 2

Item

Description

Price Per

Unit Minimum

Quantity

Minimum

Total

Price

Price Per

Unit

Maximum

Quantity

Maximum

Total Price

CLIN 2001 Tree 0” - 6”

CLIN 2001A Complete

1 600

CLIN 2001B Stump

Removal 1 100

CLIN 2001C Expedited

Complete Tree

Removal

1 10

CLIN 2001D Tree Removal with Cut

Stump

Treatment

1 50

CLIN 2002 Tree 6.1” –

CLIN 2002A Complete

1 800

CLIN 2002B Stump

Removal 1 150

CLIN 2002C Expedited

Complete Tree

Removal

1 15

CLIN 2002D Tree Removal with Cut

Stump

Treatment

1 20

CLIN 2003 Tree 12.1” –

CLIN 2003A Complete

1 750

CLIN 2003B Stump

Removal 1 150

CLIN 2003C Expedited

Complete Tree

Removal

CLIN 2003D

Stump

Treatment

1 10

CLIN 2004 Tree 18.1” –

CLIN 2004A Complete

CLIN 2004B Stump

Removal 1 150

CLIN 2004C Expedited

Complete Tree

Removal

1 15

CLIN 2004D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 2005 Tree 24.1” –

CLIN 2005A Complete

1 650

CLIN 2005B Stump

Removal 1 125

CLIN 2005C Expedited

Complete Tree

Removal

CLIN 2005D

Stump

Treatment

1 5

CLIN 2006 Tree 30.1” –

CLIN 2006A Complete

1 500

CLIN 2006B Stump

Removal 1 125

CLIN 2006C Expedited

Complete Tree

Removal

1 10

CLIN 2006D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 2007 Tree 36.1” –

CLIN 2007A Complete

1 425

CLIN 2007B Stump

Removal 1 100

CLIN 2007C Expedited

Complete Tree

Removal

1 10

CLIN 2007D Tree Removal with Cut

Stump

Treatment

CLIN 2008 Tree 42.1” –

48” DBH

CLIN 2008A Complete

Removal 1 275

CLIN 2008B Stump

Removal 1 100

CLIN 2008C Expedited

Complete Tree

Removal

CLIN 2008D

Stump

Treatment

1 5

CLIN 2009 Tree 48.1” –

CLIN 2009A Complete

1 250

CLIN 2009B Stump

Removal 1 100

CLIN 2009C Expedited

Complete Tree

Removal

1 10

CLIN 2009D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 2010 Tree 54.1”

CLIN 2010A Complete

1 125

CLIN 2010B Stump

Removal 1 95

CLIN 2010C Expedited

Complete Tree

Removal

CLIN 2010D

Stump

Treatment

OPTION YEAR 3

Item

Description

Price Per

Unit Minimum

Quantity

Minimum

Total

Price

Price Per

Unit

Maximum

Quantity

Maximum

Total Price

CLIN 3001 Tree 0” - 6”

CLIN 3001A Complete

1 600

CLIN 3001B Stump

Removal 1 100

CLIN 3001C Expedited

Complete

Tree Removal

CLIN 3001D

Stump

Treatment

1 50

CLIN 3002 Tree 6.1” –

CLIN 3002A Complete

1 800

CLIN 3002B Stump

Removal 1 150

CLIN 3002C Expedited

Complete

Tree Removal

1 15

CLIN 3002D Tree Removal with Cut

Stump

Treatment

1 20

CLIN 3003 Tree 12.1” –

CLIN 3003A Complete

1 750

CLIN 3003B Stump

Removal 1 150

CLIN 3003C Expedited

Complete

Tree Removal

CLIN 3003D

Stump

Treatment

1 10

CLIN 3004 Tree 18.1” –

CLIN 3004A Complete

CLIN 3004B Stump 1 150

Removal

CLIN 3004C Expedited

Complete

Tree Removal

CLIN 3004D

Stump

Treatment

1 5

CLIN 3005 Tree 24.1” –

CLIN 3005A Complete

1 650

CLIN 3005B Stump

Removal 1 125

CLIN 3005C Expedited

Complete

Tree Removal

1 10

CLIN 3005D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 3006 Tree 30.1” –

CLIN 3006A Complete

1 500

CLIN 3006B Stump

Removal 1 125

CLIN 3006C Expedited

Complete

Tree Removal

CLIN 3006D

Stump

Treatment

1 5

CLIN 3007 Tree 36.1” –

CLIN 3007A Complete

1 425

CLIN 3007B Stump

Removal 1 100

CLIN 3007C Expedited

Complete

Tree Removal

CLIN 3007D

Stump

Treatment

1 5

CLIN 3008 Tree 42.1” –

CLIN 3008A Complete

Removal 1 275

CLIN 3008B Stump

Removal 1 100

CLIN 3008C Expedited

Complete

Tree Removal

CLIN 3008D

Stump

Treatment

1 5

CLIN 3009 Tree 48.1” –

CLIN 3009A Complete

1 250

CLIN 3009B Stump

Removal 1 100

CLIN 3009C Expedited

Complete

Tree Removal

CLIN 3009D

Stump

Treatment

1 5

CLIN 3010 Tree 54.1”

CLIN 3010A Complete

1 125

CLIN 3010B Stump

Removal 1 95

CLIN 3010C Expedited

Complete

Tree Removal

CLIN 3010D

Stump

Treatment

OPTION YEAR 4

Item

Description

Price Per

Unit Minimum

Quantity

Minimum

Total

Price

Price Per

Unit

Maximum

Quantity

Maximum

Total Price

CLIN 4001 Tree 0” - 6”

CLIN 4001A Complete

1 600

CLIN 4001B Stump

Removal 1 100

CLIN 4001C Expedited

Complete Tree

Removal

CLIN 4001D

Stump

Treatment

1 50

CLIN 4002 Tree 6.1” –

CLIN 4002A Complete

1 800

CLIN 4002B Stump

Removal 1 150

CLIN 4002C Expedited

Complete Tree

Removal

1 15

CLIN 4002D Tree Removal with Cut

Stump

Treatment

1 20

CLIN 4003 Tree 12.1” –

CLIN 4003A Complete

1 750

CLIN 4003B Stump

Removal 1 150

CLIN 4003C Expedited

Complete Tree

Removal

1 20

CLIN 4003D Tree Removal with Cut

Stump

Treatment

1 10

CLIN 4004 Tree 18.1” –

CLIN 4004A Complete

CLIN 4004B Stump 1 150

Removal

CLIN 4004C Expedited

Complete Tree

Removal

1 15

CLIN 4004D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 4005 Tree 24.1” –

CLIN 4005A Complete

1 650

CLIN 4005B Stump

Removal 1 125

CLIN 4005C Expedited

Complete Tree

Removal

1 10

CLIN 4005D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 4006 Tree 30.1” –

CLIN 4006A Complete

1 500

CLIN 4006B Stump

Removal 1 125

CLIN 4006C Expedited

Complete Tree

Removal

CLIN 4006D

Stump

Treatment

1 5

CLIN 4007 Tree 36.1” –

CLIN 4007A Complete

1 425

CLIN 4007B Stump

Removal 1 100

CLIN 4007C Expedited

Complete Tree

Removal

CLIN 4007D

Stump

Treatment

1 5

CLIN 4008 Tree 42.1” –

CLIN 4008A Complete

Removal 1 275

CLIN 4008B Stump

Removal 1 100

CLIN 4008C Expedited

Complete Tree

Removal

CLIN 4008D

Stump

Treatment

1 5

CLIN 4009 Tree 48.1” –

CLIN 4009A Complete

1 250

CLIN 4009B Stump

Removal 1 100

CLIN 4009C

Expedited

Complete Tree

Removal

1 10

CLIN 4009D Tree Removal with Cut

Stump

Treatment

1 5

CLIN 4010 Tree 54.1”

CLIN 4010A Complete

1 125

CLIN 4010B Stump

Removal 1 95

CLIN 4010C Expedited

Complete Tree

Removal

1 5

CLIN 4010D Tree Removal with Cut

Stump

Treatment

B.4 A bidder responding to this solicitation must submit with its bid, a notarized statement detailing any subcontracting plan required by law. Proposals responding to this IFB shall be deemed nonresponsive and shall be rejected if the bidder fails to submit a subcontracting plan that is required by law. For contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be subcontracted in accordance with section H.9.1.

SECTION C: SPECIFICATIONS/WORK STATEMENT

C.1 SCOPE

It is the intent of the District of Columbia Government, Department of Transportation

(DDOT) Urban Forestry Administration (UFD) to acquire the services of up to five (5) separate Contractors to perform tree removal services for trees as specified in Section C.5 below.

C.2 APPLICABLE DOCUMENTS

The Contractor shall perform work in accordance with the applicable requirements in the documents in the following table. The Contractor shall use the latest version of each of the documents in conducting the work. The Contractor shall be responsible for ensuring that it has and is using the latest version of these documents at the time that the affected work is being conducted. These documents are incorporated by reference and will be made a part of the contract.

No. Title Version

DDOT Standard Specifications for Highways and

Structures ("Standard Specifications")

2013 or Latest

Version

2 U.S. Department of Labor Wage Determination

Service Contract Act

Wage Determination

No. 2015-4281, Revision No. 26, Dated : May 9, 2023

3 American National Standard Institute (ANSI) A300 Latest Version

U.S. Department of Labor Occupational Safety and

Health Administration Safety Standards Latest Version

International Society of Arborist Association for Safe

Tree Removal Latest Version

Federal Requirements And Contract Provisions For

Work Under The Federal Water Pollution Control Act, As

Amended, US Environmental Protection Agency Latest Version

7 ANSI Z 133.1 Standard for Tree Care Operations Latest Version

C.3 DEFINITIONS

C..3.1 Dead/Declining/Diseased and/or Objectionable Trees - trees that have dead parts;

reduced growth or vigor; structural defects; poor architecture; reduced and/or diminishing canopy coverage; cannot be pruned to improve their condition; undesirable species; expedited removal of trees infected with diseases such as but not limited to Dutch elm disease, Bacterial Leaf Scorch or Hypoxylon, or infested with pests such as but not limited to Emerald

Ash Borer, Ambrosia Beetles, or various scale insects, as identified by the Contract

Administrator (“CA”) or his/her designee.

C.3.2 Diameter Breast Height (DBH) -The measurement made at 4.5' above ground. CA’s determination on DBH shall prevail, in instances of disagreement

C.3.3 Objectionable Trees - Trees planted in locations where they conflict with the existing site conditions; trees that are deemed undesirable, to include invasive species, as identified by the CA or his/her designee.

C.3.4 Undesirable Species – Tree species that are not compatible with the urban environment.

Species that can cause sidewalk issues; drop fruit/seeds; produce high levels of seed stock; or is a species that UFD has deemed a nuisance, as identified by CA or his/her designee.

C.3.5 Diseased Trees -trees having diseases that could negatively impact the condition of the individual tree, while also potentially threatening the urban forest as a whole, as identified by CA or his/her designee. Example: Trees infected with Dutch elm disease.

C.3.6 Full Crew- a minimum of a three (3) person crew to include a minimum of one

International Society of Arboriculture (ISA) Certified Tree Worker (or higher) or

Certified Maryland Tree Expert. Any additional crew members needed to comply with the conditions in the contract.

C.3.7 Canopy - The collective branches and foliage of a tree.

C.3.8 Trunk - The central stem of a tree, emanating from the root plate to the upper most crotches of the tree.

C.3.9 Stump -Base part of a tree that remains standing after the Tree’s canopy and trunk have been removed. This is to include the root plate, buttress roots and all surface r o o t s and subsurface roots that would, if not removed, prevent the successful installation and establishment of a new tree.

C.3.10 Routine Tree Removal - The planned and scheduled removal of trees and tree parts from public lands. Trees that are assigned for removal fit into one or more of the following categories: 1) dying trees; 2) declining trees; 3) trees that are of an undesirable species or are located in an undesirable location; 4) are diseased and/or infested; and 5) tree parts that interfere with required infrastructure or development.

C.3.11 Complete Tree Removal- Removal of the tree canopy, trunk, & stump to a depth of 24”

& all surface & subsurface roots related to that tree, that would, i f not removed, prevent the successful installation and establishment o f a new tree. All surface roots must be removed even if they extend onto an abu t t ing private property. In instances where surface roots extend onto private property, the Contractor must obtain a DDOT UFD's inspection and approval before proceeding with removal. To be completed within 30 calendar days of assignment.

C.3.12 Tree Removal with Cut Stump Treatment- Removal of the tree canopy, the trunk, and immediate treatment of the stump with herbicides to prevent resprouting. This application will only be utilized when stump removal is not possible and when directed by the CA. Cut stump treatment (CST) shall consist of the application of herbicide mixture to tree stumps to prevent resprouting and shall adhere to all labeling requirements and local regulations.

C.3.13 Expedited Complete Tree Removal – Removal of the tree canopy, the trunk, the stump and all surface and subsurface roots related to that tree within ten (10) calendar days of assignment, that would, if not removed, prevent the successful installation and establishment of a new tree. All surface roots must be removed even if they extend onto an abutting private property. In instances where surface roots extend onto private property, the Contractor must obtain a DDOT arborist's inspection and approval before proceeding with the removal activities.

C.4 BACKGROUND

The District has a recurring need to provide tree removal services. There is a great diversity of trees in the

District of Columbia including conifer, broadleaf evergreen, and deciduous species. For each species, there exists substantial variation in age, size, condition, and structure of individual trees. This species diversity and tree variability creates challenges with regard to tree care practices. The District's tree population is dynamic and new trees are regularly being identified that are in need of removal. The trees to be removed will be located in the streetscape growing as street trees, will include trees growing in unimproved alleys/roadways, and all other District owned and maintained property such as, but not limited to, public park and school properties.

C.5 REQUIREMENTS

C.5.1 The Contractor shall be responsible for providing all management, supervision, personnel, tools, materials, equipment, expertise and transportation necessary to remove trees located at various sites throughout the District. The Contractor shall perform all work in accordance with the applicable requirements in the documents listed in Section C.2, these specifications, all industry standard safety rules, and requirements, and municipal regulations.

C.5.2 The Contractor's performance of tree removal shall include the following:

a. Routine removal of the canopy, trunk and stump, of dying trees, declining trees, infected or infested trees, trees in inappropriate locations, objectionable trees, trees with structural defects and/or undesirable species;

b. Routine removal of the canopy, trunk and cut stump treatment, of dying trees, declining trees, infected or infested trees, trees in inappropriate locations, objectionable trees, trees with structural defects and/or undesirable species;

c. Expedited removal of diseased trees; See C.3.5

d. Improvement the structure of the urban forest through routine removal of trees in the condition outlined above in C.3.1; and

e. Improvement of safety and security for the public.

C.5.3 The Contractor shall obtain and post DDOT's "Emergency No Parking" signs at the locations identified for removal services in compliance with the "Emergency No Parking" sign regulations and procedures set forth by DDOT. For more information please visit:

https://tops.ddot.dc.gov/DDOTPermitSystem/DDOTPermitOnline/FAQ.aspx

C.5.4 The District will issue work lists to the Contractor, which will include the locations of trees slated for removal. The Contractor shall submit invoices to the Contract Administrator, monthly, for work completed during the previous month.

C.5.5 DISPOSAL AND SITE SAFETY REQUIREMENTS

C.5.1 The Contractor shall dispose of all trees in accordance with all applicable local municipal laws and regulations. All diseased wood/debris shall be tub ground and composted or incinerated.

C.5.2 The Contractor must be able to substantiate compliance with all wood material handling restrictions, including those that may be imposed by the USDA Animal and Plant Health Inspection Services

(APHIS) and other regulatory authorities upon request by the CA. The Contractor may be requested by the CA to dump some or all tree debris at a location in the District for wood recycling.

C.5.3 The Contractor shall dispose of trees, brush, chips and stump grinding material (shavings) and all other tree parts. At the request of the CA or designee, the Contractor may be directed to an alternate site, including outside of the District, if necessary.

C.5.4 The Contractor shall measure the DBH of trees at 4.5 feet above ground level. Tree sizes range from 0" to 54" or greater in accordance with Section 608.01 of the DDOT Gold Book (Remove Tree/Stump) RESERVED

C.5.5 The Contractor shall remove trees or tree parts which can be classified as dying, declining trees, diseased trees and/or objectionable trees. When addressing such trees, the Contractor shall ensure:

C.5.6 Removal of the entire tree, to include the canopy, trunk, stump and roots;

C.5.7 Backfill of the tree space with a combination of 50% new topsoil and 50% compacted grindings from the stump to make the site level with the sidewalk;

C.5.8 Proper disposal of the material and clean-up of the job site area after the work is completed.

C.5.9 The Contractor shall account for settling at each site and shall not leave the site in an unsafe condition.

C.6 The Contractor shall ensure all diseased/infested trees assigned as an Expedited Complete Tree Removal

(See C.3.13) via task order are given the highest priority and are topped, trunked and stumped within ten

(10) calendar days.

C.6.1 The Contractor shall ensure surface roots for diseased trees, regardless of their distance from the stump shall be ground out.

https://tops.ddot.dc.gov/DDOTPermitSystem/DDOTPermitOnline/FAQ.aspx

C.6.2 The Contractor shall ensure the stump be ground to a depth of 24" subgrade.

C.6.3 Upon inspection by the CA, any stump found incomplete, not ground to the right depth or settled to the point where it is not level shall be corrected by the Contractor within seventy-two (72) hours of notification by the CA.

C.6.4 The Contractor shall remove all diseased/infested wood from the District and either process the material through a tub grinder or dispose at a landfill authorized to receive diseased and/or infested wood.

C.6.5 The Contractor shall be responsible for the removal of unwanted or inappropriate materials not in compliance with the Tree Box Beautification Act [24 DCMR Section 109] surrounding the tree space or above the tree root space, if indicated on the work order.

C.6.6 When removing a live tree where the stump cannot be ground due to conflicts, and when directed by the CA the Contractor shall chemically treat stumps to prevent re-sprouting from occurring. The

Contractor will treat all stumps capable of resprouting with an approved herbicide intended to prevent regrowth from the root system of woody plants, where environmentally acceptable. Treatment is to be applied within one (1) hour after cutting.

a. Stumps will be cut as flat and as low as possible, less than six (6) inches tall.

b. Should sprouts re-occur within twelve (12) months of stump removal, elimination of sprouts and chemical prevention of re-growth shall be performed at the Contractor’s expense.

C.6.7 The contractor shall follow all label requirements.

C.6.8 The contractor must maintain a valid DC pesticide applicator’s license and follow all applicable regulations.

C..6.9 All herbicide applications will be stopped during rainfall or when rain is imminent, other herbicide mixture must be approved by CA.

C.7 RESTORATION OF TREE WORK AREA

C.7.1 The Contractor shall perform the following to restore the work area:

a. Remove tree trunks, stumps, roots, and all visible surface roots; Sweep all surrounding pavement, removing twigs and sawdust;

b. Backfill the Tree Space with a combination of 50% new topsoil and 50% compacted grindings from the ground stump;

c. Ensure the tree space or box is at a grade even with the sidewalk after restoration work.

C.7.2 The Contractor shall leave the site safe and shall clear the public right of way for pedestrians and vehicles to travel.

C.7.3 The Contractor shall not leave any tree debris at the job site. Once the tree removal process has begun at any individual removal location, all work shall be completed within seventy- two (72) hours. If an issue arises that will cause the Contractor to require additional completion time, the Contractor shall request a time extension from the CA by close of business (COB) the same day. The CA will provide written approval or disapproval of the extension request

C.7.4 The Contractor shall take care to protect public and private property such as

Sidewalks, fence, retaining walls, other trees, shrubs and automobiles.

C.7.5 The Contractor shall be held strictly responsible for any damage to public or private property and shall make any replacements or repairs promptly at the Contractors' expense.

C.7.6 The Contractor shall have, upon award, sufficient personnel and equipment necessary to provide the required services. Each vendor must possess sufficient full crews (see section

C.7.9) to perform the volume of assigned work.

C.7.7 The Contractor's personnel shall be responsible for providing a sufficient number of full crews to perform services as stated above as well as to implement all traffic control plans in accordance the Standard Specifications.

C.7.8 The Contractor shall maintain a working roster with the following Key Personnel throughout the duration of the contract:

C.7.9 One (1) Arborist, as certified by the International Society of Arboriculture.

The Contractor's Arborist shall be a full time staff member who provides daily in-person and onsite supervision, oversight of the crew regarding the correct application of removal, rigging and equipment operation methods.

C.7.9.1 Crew Leaders, possessing a Tree Worker Certification (or higher) or

Maryland Tree Expert certifications.

C.7.9.2 A three (3) man crew (as defined above) to include:

• One (1) Bucket operator/tree remover climber who is an ISA Certified Tree

Worker (or higher) or Maryland Tree Expert;

• Two (2) tree trimmer laborers;

• One (1) crane and log truck operator, possessing a Commercial Driver's License

(CDL). The operator of this equipment shall have a proven resume of crane/log truck operation;

• The Contractor shall provide proof of ownership, rental or lease of the following equipment upon award:

• One (1) chip holding bucket truck with a minimum reach of 75 feet;

• One (1) chipper to handle a minimum of 14" diameter debris;

• Hand tools (i.e. shovels, brooms, rakes and saws);

• One (1) additional licensed and registered chip truck;

• One (1) licensed and registered log truck with grapple attachment and driver;

• One (1) 25 ton crane (rental is permitted) and operator; and

• One (1) 70 ton crane (rental is permitted) and operator.

C.8 REPORTING REQUIREMENTS

C.8.1 The Contractor shall provide a daily completion report using DDOT's City works

Software. The Contractor's daily completion report shall include:

a. work order number;

b. date originally posted;

c. date re-posted, if applicable;

d. dates of top, trunk and stump removal; and

e. declaration that job conforms to the requirements

C.8.2 The Contractor shall use the attached spreadsheet for the daily completion report (see Attachment).

Should revisions to the report be needed to facilitate accurate reporting, the Contractor and CA shall mutually agree upon any formatting revisions, prior to the Contractor's implementation of proposed changes.

C.8.3 The Contractor shall submit invoice to the CA on a monthly basis. The Contractor's invoice submissions shall include detailed monthly reports on fees and bills related to the processing and disposal of debris for this contract.

C.9 PEPCO Wires:

C.9.1 When clearance from any utility is required the Contractor shall coordinate directly with the appropriate utility provider to ensure conformance with applicable ANSI Zl33 safety standards and regulations, and to achieve adequate separation distances such that a professional tree worker who is not qualified to work in close proximity (less than ten feet (10') of separation) with electrical hazards can safely complete the job. The utility provider shall have the final decision regarding acceptable levels of clearance required for the removal to proceed safely. Furthermore, the Contractor must be prepared to remove trees that have had their canopy reduced or removed by the utility to provide adequate clearance from energized conductors within 24 hours of notification.

C.9.2 The Contractor shall take proper precautions to protect underground utilities when removing stumps.

Therefore, the Contractor shall coordinate with the appropriate utility authority before proceeding with work. In addition, the Contractor shall take care to protect public and private property such as sidewalks, fence, retaining walls, other trees, shrubs and automobiles.

SECTION D: PACKAGING AND MARKING

NOT APPLICABLE

SECTION E: INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause number six (6), Inspection of Services of the Government of the District of Columbia's Standard Contract

Provisions for use with Supplies and Services Contracts, the most current version.

SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES

F.1 TERM OF CONTRACT

The term of the contract shall be for one (1) year from date of award specified on the cover page of this contract.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.1 The District may extend the term of this contract for a period of four (4) one-year option periods, or successive fractions thereof, by written notice to the Contractor before the expiration of the contract;

provided that the District will give the Contractor preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the District to an extension. The exercise of this option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day preliminary notice requirement by providing a written waiver to the Contracting Officer prior to expiration of the contract.

F.2.2 If the District exercises this option, the extended contract shall be considered to include this option provision.

F.2.3 The price for the option period(s) shall be as specified in the Section B of the contract.

F.2.4 The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

F.3 DELIVERABLES – See section C.8 (Reporting Requirements)

The Contractor shall perform the activities required to successfully complete the District’s requirements and submit each deliverable to the Contract Administrator (CA) identified in section G.9 in accordance with the following:

CLIN Deliverable

Quantity Format/Method of

Delivery

Due Date

N/A Daily Completion

Report

1 Electronic Daily

F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5 which is required by the 51% District Residents New Hires Requirements and First Source Employment

Agreement. If the Contractor does not submit the report as part of the deliverables, the District shall not make final payment to the Contractor pursuant to section G.3.2.

SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

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

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

Contractor.

G.2 INVOICE SUBMITTAL

G.2.1 The Contractor shall create and submit payment requests in an electronic format through the DC

Vendor Portal: https://vendorportal.dc.gov

G.2.2 Unless otherwise specified in the contract, the Contractor shall submit proper invoices on a monthly basis.

G.2.2.1 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.

G.2.2.2 At the time of each invoice, the Contractor shall submit to the CA all deliverables required under the

Contract

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source

Employment Agreement requirements, final request for payment must be accompanied by the report or a waiver of compliance discussed in section H.5.5.

G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the

Contracting Officer’s final determination or approval of waiver of the Contractor’s compliance with 51%

District Residents New Hires Requirements and First Source Employment Agreement requirements.

G.4 PAYMENT

G.5 ASSIGNMENT OF CONTRACT PAYMENTS

G.5.1 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.

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

https://vendorportal.dc.gov/

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

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

G.6 THE QUICK PAYMENT CLAUSE

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., 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 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:

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

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

c) the 15th day after the required payment date for any other item.

G.6.1.2 Any amount of an interest penalty which remains unpaid at the end of any 30-day period shall be added to the principal amount of the debt and thereafter interest penalties shall accrue on the added amount.

G.6.2 Payments to Subcontractors

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

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

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

G.6.2.2 The Contractor must pay any subcontractor or supplier interest penalties on amounts due to the subcontractor or supplier beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of 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:

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

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

c) the 15th day after the required payment date for any other item.

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 of Columbia is a party. The District of Columbia 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.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:

Benita F. Scott, Deputy Contracting Officer District Department of Transportation

250 M Street, SE 7th Floor

Washington, DC 20002

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

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

G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than the

CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any cost increase incurred as a result thereof.

G.9 CONTRACT ADMINISTRATOR (CA)

G.9.1 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. These include:

G.9.1.1 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;

G.9.1.2 Coordinating site entry for Contractor personnel, if applicable;

G.9.1.3 Reviewing invoices for completed work and recommending approval by the CO if the Contractor’s prices and costs are consistent with the contractual amounts and progress is satisfactory and commensurate with the rate of expenditure;

G.9.1.4 Reviewing and approving invoices for deliverables to ensure receipt of goods and services. This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions; and

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections

(site, data, equipment) and invoice or vouchers.

G.9.2 The address and telephone number of the CA is:

Earl Eutsler

Chief of Urban Forestry Division

55 M Street, SE 6th Floor

Washington, DC 20003

Earl.Eutsler@dc.gov

202-497-0227

G.9.3 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; or

6. Authorize the use of District property, except as specified under the contract.

G.9.4 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.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 HIRING OF DISTRICT RESIDENTS AS APPRENTICES AND TRAINEES

H.1.1 For all new employment resulting from this contract or subcontracts hereto, as defined in Mayor’s Order

83-265 and implementing instructions, the Contractor shall use its best efforts to comply with the following basic goal and objectives for utilization of bona fide residents of the District of Columbia in each project’s labor force:

H.1.1.1 At least fifty-one (51) percent of apprentices and trainees employed shall be residents of the District of

Columbia registered in programs approved by the District of Columbia Apprenticeship Council.

H.1.2 The Contractor shall negotiate an Employment Agreement with the Department of Employment Services

(“DOES”) for jobs created as a result of this contract. The DOES shall be the Contractor’s first source of referral for qualified apprentices and trainees in the implementation of employment goals contained in this clause.

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

mailto:Earl.Eutsler@dc.gov

The Contractor shall be bound by the Service Contract Act Wage Determination No. 2015-4281 dated May 9, 2023, issued by the U.S. Department of Labor in accordance with the Service Contract Act, 41 U.S.C. §351 et seq., and incorporated herein as Section J.2. The Contractor shall be bound by the wage rates for the term of the contract subject to revision as stated herein and in accordance with Section 24 of the SCP. If an option is exercised, the Contractor shall be bound by the applicable wage rates at the time of the exercise of the option. If the option is exercised and the CO obtains a revised wage determination, the revised wage determination is applicable for the option periods and the Contractor may be entitled to an equitable adjustment.

H.3 PUBLICITY

The Contractor shall at all times obtain the prior written approval from the CO before the Contractor, any of its officers, agents, employees or subcontractors, either during or after expiration or termination of the contract, make any statement, or issue any material, for publication through any medium of communication, bearing on the work performed or data collected under this contract.

H.4 FREEDOM OF INFORMATION ACT

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

Contractor for the costs of searching and copying the records in accordance with D.C. Official Code §2-532 and

Chapter 4 of Title 1 of the D.C. Municipal Regulations.

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

EMPLOYMENT AGREEMENT

H.5.1 The Contractor shall comply with the First Source Employment Agreement Act of 1984, as amended, D.C. Official Code §2-219.01 et seq. (“First Source Act”).

H.5.2 The Contractor shall enter into and maintain, during the term of the contract, a First Source Employment

Agreement, (Section J.4) in which the Contractor shall agree that:

(1) The first source for finding employees to fill all jobs created in order to perform this contract shall be the DOES; and

(2) The first source for finding employees to fill any vacancy occurring in all jobs covered by the First

Source Employment Agreement shall be the First Source Register.

H.5.3 The Contractor shall submit to DOES, no later than the 10th of each month following execution of the contract, a First Source Agreement Contract Compliance Report (“contract compliance report”) to verify its compliance with the First Source Agreement for the preceding month. The contract compliance report for the contract shall include the:

(1) Number of employees needed;

(2) Number of current employees transferred;

(3) Number of new job openings created;

(4) Number of job openings listed with DOES;

(5) Total number of all District residents hired for the reporting period and the cumulative total number of District residents hired; and

(6) Total number of all employees hired for the reporting period and the cumulative total number of employees hired, including:

(a) Name;

(b) Social security number;

(c) Job title;

(d) Hire date;

(e) Residence; and

(f) Referral source for all new hires.

H.5.4 If the contract amount is equal to or greater than $100,000, the Contractor agrees that 51% of the new employees hired for the contract shall be District residents.

H.5.5 With the submission of the Contractor’s final request for payment from the District, the Contractor shall:

(1) Document in a report to the CO the Contractor’s compliance with section H.5.4 of this clause; or

(2) Submit a request to the CO for a waiver of compliance with section H.5.4 and include the following documentation:

(a) Material supporting a good faith effort to comply;

(b) Referrals provided by DOES and other referral sources;

(c) Advertisement of job openings listed with DOES and other referral sources; and

(d) Any documentation supporting the waiver request pursuant to section H.5.6.

H.5.6 The CO may waive the provisions of section H.5.4 if the CO finds that:

(1) A good faith effort to comply is demonstrated by the Contractor;

(2) The Contractor is located outside the Washington Standard Metropolitan Statistical Area and none of the contract work is performed inside the Washington Standard Metropolitan Statistical Area which includes the District of Columbia; the Virginia Cities of Alexandria, Falls Church, Manassas, Manassas Park, Fairfax, and Fredericksburg, the Virginia Counties of Fairfax, Arlington, Prince

William, Loudoun, Stafford, Clarke, Warren, Fauquier, Culpeper, Spotsylvania, and King George; the

Maryland Counties of Montgomery, Prince Georges, Charles, Frederick, and Calvert; and the West

Virginia Counties of Berkeley and Jefferson.

(3) The Contractor enters into a special workforce development training or placement arrangement with

DOES; or

(4) DOES certifies that there are insufficient numbers of District residents in the labor market possessing the skills required by the positions created as a result of the contract.

H.5.7 Upon receipt of the Contractor’s final payment request and related documentation pursuant to sections

H.5.5 and H.5.6, the CO shall determine whether the Contractor is in compliance with section H.5.4 or whether a waiver of compliance pursuant to section H.5.6 is justified. If the CO determines that the

Contractor is in compliance, or that a waiver of compliance is justified, the CO shall, within two business days of making the determination forward a copy of the determination to the agency Chief Financial

Officer and the CA.

H.5.8 Willful breach of the First Source Employment Agreement, or failure to submit the report pursuant to section H.5.5, or deliberate submission of falsified data, may be enforced by the CO through imposition of penalties, including monetary fines of 5% of the total amount of the direct and indirect labor costs of the contract. The Contractor shall make payment to DOES. The Contractor may appeal to the D.C.

Contract Appeals Board as provided in this contract any decision of the CO pursuant to this section H.5.8.

H.5.9 The provisions of sections H.5.4 through H.5.8 do not apply to nonprofit organizations.

H.6 SECTION 504 OF THE REHABILITATION ACT OF 1973, as amended.

During the performance of the contract, the Contractor and any of its subcontractors shall comply with

Section 504 of the Rehabilitation Act of l973, as amended. This Act prohibits discrimination against disabled people in federally funded programs and activities. See 29 U.S.C. § 794 et seq.

H.7 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)

During the performance of this contract, the Contractor and any of its subcontractors shall comply with the ADA.