DCKA-2023-Q-0075_Att1.pdf

DISTRICT OF COLUMBIA

DEPARTMENT OF TRANSPORTATION

REQUEST FOR QUALIFICATIONS

FOR

CITYWIDE PAVEMENT MARKINGS RESTORATION CONSTRUCTION

MANAGEMENT SERVICES CONTRACT

October 23, 2023

Solicitation No.: DCKA-2023-Q-0075

Contracting Officer: Mohammad Mohib Siddiqi Contracting Officer mohammad.siddiqi@dc.gov

Technical Questions: Andrew Kaufmann

Supervisory General Engineer Asset Management Division andrew.kaufmann@dc.gov mailto:mohammad.siddiqi@dc.gov mailto:andrew.kaufmann@dc.gov

DCKA-2023-Q-0075

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A. INTRODUCTION

The District of Columbia, Office of Contracting and Procurement, for and on behalf of the District of Columbia Department of Transportation (“DDOT”), pursuant to the Procurement Practices Reform Act of 2010, and the Procurement Integrity, Transparency, and Accountability Amendment Act of 2016, is issuing this Request for Qualifications (“RFQ”) to solicit Statements of Qualifications (“SOQ”s) from experienced firms (“Offerors”) interested in providing construction management services for managing all activities required for the completion of placing Pavement Marking restorations on the District’s roadways (the “Project”).

B. PROJECT BACKGROUND

There are 1,200 liner miles of road that make up the District roadway network and most have lane markings, crosswalks or other marking delineators which require routine maintenance with a significant number having multiple lanes. Roadway markings are vital to the safety of motorists, bicyclists and pedestrians and having an annual work plan to perform necessary restoration is pertinent.

The Federal Highway Administration (FHWA) requires that pavement “markings that must be visible at night shall be retroreflective unless ambient illumination assures that the markings are adequately visible,” and that “all markings on interstate highways shall be retroreflective.

Adequately maintained retroreflective pavement markings improve nighttime highway visibility and reduce the risk of crashes by bouncing light from vehicle headlights off the traffic control device and back toward the vehicle and the driver's eyes. This makes markings appear brighter and easier to see and read at night. Because the retroreflective properties of pavement markings deteriorate relatively quickly, DDOT actively manages our maintenance, remarking as needed in order to ensure that they remain clearly visible at night.

The desired outcome of this RFQ is to retain the services of an experienced and qualified consulting firm, that provides the best value, to perform Construction Management services, under the direction of the Contract Administrator of the DDOT’s Asset Management Division. The selected consulting firm, hereinafter referred to as “the Consultant,” will be selected using the DDOT’s qualifications-based process. The Project documents are located at https://dtap.ddot.dc.gov/.

https://dtap.ddot.dc.gov/

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C. GENERAL REQUIREMENTS

C.1 The Consultant shall provide repair real property services, including, but not limited to, assessment of the work of the Pavement Marking Contractor for compliance with District rules and regulations, prepare, maintain and secure on current basis all contract records including correspondence, change orders, claims, Consultant documents, partials payments, minutes of meetings, daily inspection reports, construction estimates, as-built drawings, specifications, submittals, safety reports, accident reports, RFIs, non-compliance and rejection notices, etc.

The Consultant may be asked to prepare draft work orders for work to be performed by the Pavement Marking Contractor. Work may be assigned on an emergency basis to provide services for critical repairs.

General services will be assigned on an as-needed basis by work order, which shall define the scope of work and expected outcomes. The Consultant will be required to visit assigned locations accompanied by the DDOT’s Contract Administrator, or his/her designee, to verify the scope of work and limits for rehabilitation, including, but not limited to, retrofitting and repair/replacement work prior to the issuance of a work order.

The Consultant shall provide a fixed price for the assigned work using negotiated labor rates, equipment usage and other needed services, as well as a schedule for completing the services.

C.2 Responsibilities of the Consultant

C.2.1 Consultant shall perform its services consistent with the skill and care ordinarily provided by general engineering consultants practicing in major urban areas on projects of a similar type, cost, and size. The Consultant shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the project.

C.2.2. Consultant’s services shall be provided in consistence with the DDOT Standard Specifications for Highways and Structures (2013), as amended and updated, and the DDOT Design and Engineering Manual (2009), as amended and updated collectively, the ‘Standards”, which are hereby incorporated herein by reference, including any amendments or revisions thereto.

C.2.3 When reviewing, evaluating, monitoring, coordinating and reporting with respect to the services of other consultants and Consultants, Consultant shall apply all applicable District and federal laws, codes, regulations, standards, guidelines and orders, including, without limitation, the then current version of the District of Columbia Department of Transportation Standard Specifications for Highways and Structures.

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C.2.4 Consultant shall identify a representative authorized to act on behalf of the Consultant with respect to the Project.

C.2.5 Consultant shall not engage in any activity, or accept any employment, interest or compensation that would reasonably appear to compromise the Consultant’s judgment with respect to this Project, except with DDOT’s prior knowledge and prior written consent.

C.2.6 In the conduct of all activities required for or otherwise related to the performance of the Contract, Consultant shall conform to and uphold all established ethical principles and professional standards of practice governing consulting engineers in the District of Columbia, and in any jurisdiction where the Consultant may be licensed or registered.

C.2.7 Consultant shall not have responsibility for the construction means, methods, techniques, sequences, or procedures for the work of construction Consultants or Consultants for all or any portion of the Project.

C.2.8 Consultant shall provide all necessary expertise and services and shall have and maintain appropriate licenses that meet District of Columbia requirements, all so that Consultant shall professionally and diligently prosecute the work authorized.

C.2.9 Consultant shall provide sufficient staff, applicable to Consultant’s duties at the time, whenever the Consultant is granted permission to work, if such duties require Consultant’s presence at the project work site. The work times may extend beyond normal working hours or be at night or on weekends.

C.2.10 Consultant shall contract for or employ at Consultant's expense, Subconsultants to the extent deemed necessary for the work, with the prior written consent of DDOT.

C.2.11 Consultant shall consult with normal and customary employees, agencies, and/or representatives of the District of Columbia regarding the work of the Contract.

C.2.12 Consultant shall work effectively with other District of Columbia and federal agencies.

C.2.13 Consultant shall abide by all regulations imposed by funding sources, such as auditing requirements and payroll affidavits.

C.2.14 Consultant shall perform its services in accordance with all applicable District and federal, laws, codes, regulations, standards, guidelines, and orders.

C.2.15 Consultant agrees that it shall recognize that in the performance of the Contract that it may receive certain information submitted to the District government on a proprietary basis by third parties, information which relates to potential or actual claims against the District government, or information which relates to matters in dispute or litigation.

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Unless the District consents to a particular disclosure, the Consultant shall use such information exclusively in the performance of the Contract and shall forever hold inviolate and protect from disclosure all such information, except disclosures required by applicable law or court order. The Consultant also agrees that, to the extent it is permitted to disclose such information, it will make such disclosures only to those individuals who need to know such information in order to perform required tasks in their official capacity and will restrict access to such information to such individuals.

C.2.16 All work, services, and submittals shall comply with, and be performed in consistent with, the current standard practice and code requirements for design and construction of the District of Columbia Department of Transportation, including but not limited to (see Exhibit A):

I. DDOT Design and Engineering Manual, 2009 II. DDOT Standard Specifications for Highways and Structures (The “Gold Book”), III. DDOE Stormwater Management Guidebook, 2013 IV. DDOE Standards and Specifications for Soil Erosion and Sediment conrol, 2003 V. DDOT Green Infrastructure Standards, 2014

VI. Manual on Uniform Traffic Control Devices (MUTCD), 2009 Edition

C.3 Scope of Work

C.3.1 The Consultant shall provide staff to carry out inspection and coordination of all construction activities at the Project as they are being performed, resolve field construction problems and provide expert input for changes to the Contract Administrator (CA).

C.3.2 The Consultant shall also:

a. Prepare, maintain and secure on current basis all contract record including correspondence, change orders, claims, contract documents, partials payments, minutes of meeting, daily inspection reports, material tickets, construction estimates, as-built drawings, specifications, submittals, safety reports, accident reports, RFIs, non-compliance and rejection notices, etc.

b. Accurately measure and record all quantity of items, which are to be paid under the contract documents.

c. Verify the accuracy of the construction Consultant’s field measurements.

d. Review, comment, and recommend approval of the construction Consultant’s traffic control plan when necessary.

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e. Ensure all staff has the necessary tools, technology, and equipment needed to properly conduct their work. If construction Consultant uses an e-ticketing system,

f. The Consultant shall accommodate and use the Consultant’s system.

g. Maintain good record keeping, upload all documentation into the DDOT specified shared filing system (electronic and hard copy), and update the project in the Protrack+ database or similar.

h. Research and provide any information regarding claim or FIOA requests.

Modifications

a. The Consultant shall make written recommendations to the CA or their designee regarding modifications to the construction contract, including detailed justification and cost estimates for such changes in the construction contracts, as the Consultant may consider necessary.

b. The Consultant shall analyze requests for changes submitted by the construction Consultant for merit and make recommendations to the CA or their designee. The Consultant shall also receive directives to prepare modifications from DDOT’s Project Management Division. Upon approval of the CA or their designee, the Consultant shall prepare all modification documents including justification, specifications, time extensions, engineer’s estimate, correspondence, and backup documentation in accordance with DDOT procedures.

c. The Consultant shall provide comprehensive inspection and records of modification work to be paid for by modification price, which is to be based on the cost of the construction Consultant’s labor, equipment, and materials used in the work. Where requested by the CA or their designee, the Consultant shall negotiate the final modification price with Consultant on the District’s behalf and make recommendations, complete with substantiation, to the DDOT Project Manager.

Claims

a. If requested, the Consultant shall maintain documentation of all contractual liability claims. In the event any claim is made or any action brought against the District, arising under or in any way relating to the construction contract, the Consultant shall assist in the preparation of all correspondence for the signature of the CA, including preparation of written reports with supporting documentation, Contracting Officer’s decisions, and findings of fact necessary to resolve disputes.

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b. The Consultant shall participate in hearings as required. The Consultant shall receive, investigate, and answer all complaints and inquiries from property owners, citizens and officials, following approval of responses by the CA and DDOT’s Chief Public Information Officer (PIO).

c. The Consultant shall refer complaints to the construction Consultant and maintain a log showing the disposition of each complaint. The Consultant shall refer unresolved complaints, with recommendations to the COTR or Engineer, Consultants, Subconsultants, and equipment and material suppliers on the Project, or their sureties.

d. As directed by the CA or their designee , the Consultant shall maintain a current, marked set of as-built drawings and specifications. The Consultant shall verify deviations, changes, change orders, as-constructed depths, and other modifications as annotated by the construction Consultant. Upon completion of construction, the Consultant shall provide the CA with a certified set of marked as-built drawings and specifications.

Reporting/Deliverables

a. The Consultant shall submit an Inspector’s daily report (IDR), weekly progress reports and monthly invoices.

b. The Consultant’s reports are subject to the review and approval of the CA. DDOT will coordinate reviews with any other involved agencies and serve as the one point of contact for all review and approval. The Consultant shall prepare, modify, and correct all such non-conforming deliverables in sufficient detail to secure such approval.

c. The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all studies, reports, recommendations, and other deliverables it furnishes under this Contract. The Consultant shall, without additional compensation, correct or revise any non-conforming deliverables if the non-conforming deliverables is a result of errors in the Consultant’s studies, reports, recommendations, and other deliverables.

d. Each month during the performance of the work under the Contract, the Consultant shall submit two copies of a progress report to the assigned CA. The progress report shall state the current status, IDR’s, any outstanding issues, and any other additional data as requested by the CA. The proposed form of this report

P A G E | 8 shall be submitted to the CA for review and approval prior to the first invoice for monthly payment.

e. The Consultant shall take comprehensive notes and create minutes of any meeting attended in connection with the Contract, with special emphasis on recording any decision altering, expanding, or deleting any provision which may affect the contractual obligation. The Consultant shall submit two copies of the meeting minutes to the CA within seven days of said meeting.

f. Within the first five days of each month, Consultant shall submit a total construction cost report for the previous month, to CA for review and compare his invoice with the construction Consultant invoice, make a list of discrepancies and bring these discrepancies to the attention of the CA. A report of all major activities of the previous month shall be attached to the Invoice.

Final Inspection

a. The Consultant shall convene and conduct the final inspection and prepare the punch list for any outstanding items, resulting from the final inspection. The Consultant shall ensure the CA and the construction Consultant are provided a copy of the punch list.

b. Prior to determining completion, the Consultant shall verify that the construction Consultant completes all items on the punch list, in accordance with the contract documents. Upon closeout of the punch list, the Consultant shall provide the CA with a letter, signed by the construction Consultant’s designated representative, certifying that the Project was constructed in substantial conformance with the contract documents, except for those changes delineated in the letter.

Final Reports

a. The Consultant shall prepare all required final reports, to include but not limited to: final payment vouchers, material certifications and analyses of overrun and underrun of quantities. The Consultant shall analyze and report on the construction Consultant’s time of completion and prepare justifiable time extensions or recommend assessments of liquidated damages, incentive or disincentive charges, as appropriate. The Consultant shall provide to the CA all project records in accordance with District standards and requirements and return to the District any original calculations, survey notes, engineering or other data provided by the District upon contract closeout. The Consultant shall provide certification thereon of all original as-built plans, calculations, maps, engineering data, final estimates, and any other data produced by the Consultant. Documents

P A G E | 9 prepared by the Consultant and its Subconsultants in pursuance of the terms of this Contract shall be delivered to and become the property of the District.

Maintenance of Records

a. The Consultant shall maintain and secure all contract records to include, but not limited to: contract documents, general correspondence, Consultant’s insurance policies, change orders, time extensions, claims, test requests and related results, material certifications, shop drawings, catalog cuts, transmittal letters, meeting minutes, progress schedule files, reading files, Utilities (DC Water and PEPCO) files, quality assurance records, concrete mixing records, delivery tickets, value engineering recommendations, traffic maintenances, Notices to Proceed, general memoranda and correspondence from the Contracting Officer (CO), Design Consultant, Subconsultants and supplier correspondence, obstruction notices, construction progress reports, findings of fact, weekly training reports, quantity computations, partial payment records, samples, diaries, inspector’s reports, daily personnel and equipment records, accident reports, progress photographs, and any other related documents deemed necessary by the Project Engineer. The Consultant shall maintain logs of all records and ensure the records are open to District representatives at all times. Prior to final payment, the Consultant shall deliver all records, drawings, and samples to the CA.

b. The Consultant shall ensure any and all documentation, referenced above, is available for review, inspection or audit by the CA or other authorized representatives of the District and Federal governments at the Consultant’s office at all reasonable times during the contract term and for a period of three years from the date of final payment. The Consultant shall furnish copies of requested materials upon request.

Public Relations

a. The Consultant shall provide a public relations (PR) staff to identify the stakeholders for the project. The Consultant’s PR staff shall create an inventory of elected officials, community leaders, neighborhood and school organizations, businesses, church groups, ethnic organizations, homeowners associations, environmental or cultural organizations, special interest groups and civil rights groups in an effort to identify and classify project stakeholders.

b. The Consultant shall create memoranda to local governments, press releases, display ads, agendas, marketing materials and flyers. The Consultant shall also

P A G E | 10 handle distribution of transportation plans, agendas and brochures to stakeholders.

c. The Consultant shall familiarize the public with the project. The Consultant’s PR staff shall develop radio announcements, create CDs or audiotapes, and publish newsletters specific to the project.

d. The Consultant’s PR Staff, to involve the public, shall participate in community meetings and facilitation of steering committees, public hearings, charity functions and workshops, pertaining to the Project. The Consultant’s staff shall also participate in community events and community meetings that adhere to protocols established by DDOT. When possible, the Consultant’s PR Staff shall present surveys and comment forms to solicit input from community stakeholders and gauge public sentiment.

C.3.3 Offerors must provide information regarding all potential organizational conflicts of interest in their Statements of Qualifications, including all relevant facts concerning any past, present, or currently planned interests that may present an organizational conflict of interest, as required by 23 CFR 636.116. The Contracting Officer will determine whether an organizational conflict of interest exists and what actions are necessary to avoid, neutralize, or mitigate such conflict. See also 27 DCMR § 2222.

C.4 Key Personnel

C.4.1 In response to the scope for the DDOT contract DCKA-2023-Q-0075 Pavement Marking Citywide Project, DDOT has identified the following key personnel positions. Each person will be required to be co-located with DDOT personnel at DDOT’s headquarters located in Southeast Washington, DC, or as otherwise specified by DDOT.

C.4.2 The Consultant shall provide the following key personnel. The key personnel are required to possess these qualifications at the time of submission:

C.4.2.1 Resident Engineer (Full Time): The resident engineer shall be responsible for the supervision of the Consultant’s staff, attend progress meetings, and coordinate between field inspectors and Consultant’s superintendent to maintain coverage of the work being performed and testing being conducted. The resident engineer will confer with the inspector on non-conforming work and will determine with the contract administrator when Non-Conformance Notices are to be issued. The resident engineer shall perform periodic reviews of the work of the Consultant’s staff, advise the staff of the results of the reviews and monitor the implementation of any corrective action, and be responsible for all tasks traditionally performed in this role using construction management-agent best practices. The resident engineer will review the Inspector Daily Reports (IDRs) for accuracy, countersign the IDRs, and prepare a daily diary of project

P A G E | 11 progress and events. The resident engineer shall be responsible for regular and timely reporting to the contract administrator on the progress of the work and shall promptly report any major deviations from the schedule, the contract price, or the quantity of the work to the contract administrator. When it is needed during construction, the resident engineer shall prepare or cause to be prepared an independent cost estimate, have a full knowledge of the DDOT change order process, and be able to prepare a change order package ready for approval by the Contracting Officer (CO). The resident engineer must have the knowledge and ability to utilize computers, including the latest versions of office productivity and project management software, in daily activities.

The resident engineer shall, at a minimum, hold a Bachelor of Science Degree in Civil Engineering, Construction Management, or related. He/she shall have a minimum of two years of roadway construction experience. It is preferred if the resident engineer is licensed as a Professional Engineer, Certified Construction Manager, or Project Management Professional. The resident engineer must be certified for pavement marking installation by being VDOT Pavement Marking certified or equivalent, have the ATSSA Pavement Marking technician certificate, and have taken the OSHA-10 safety course.

C.4.2.2 Office Engineer (Full Time): The office engineer shall support the resident engineer with the administrative areas of the project, be responsible for setting up and maintaining the project files, be responsible for verifying quantities and checking all invoicing, applications for payment, and payments for the work period for which payment is requested, and be responsible for all tasks traditionally performed in this role using construction management best practices. The office engineer shall maintain a documented comprehensive record of all quantities and payments made. The office engineer shall maintain a log of all submittals and re-submittals. This will include quantities and payments for any changes in the work. The document record shall include all supporting documents required for payment such as, material certifications, affidavits for payments to subconsultants and suppliers, insurance certificates and invoices for stored materials. The office engineer shall daily upload all documentation into the DDOT SharePoint site, Protrack+ system, and/or any shared drives for the project the CA requests. It is understood and agreed by Consultant’s that the District is at all times relying upon Consultant’s ability and expertise in the performance of Consultant’s services.

The office engineer shall be responsible for collecting and recording quantities, receiving and checking payment applications and all supporting documents, and expediting timely processing of payment applications. The office engineer shall maintain records of all quantities, changes, and payments made and shall continuously reconcile quantities and payments with the project construction contract documents. The office engineer shall utilize the AASHTO’s FieldBook software for entries of IDRs with quantities to process partial payments if the software is used on the project.

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The office engineer shall receive and process all Requests for Information (RFI) and changes and shall expedite and document this process. The office engineer in collaboration with the resident engineer shall determine who will respond to a request for information and ensure that the response is expected. Any changes that result from the RFI shall be processed through change documentation.

The office engineer shall maintain all contract files and assist the resident engineer with preparation of general correspondence, meeting minutes, and letters of transmittal, weekly reports, and other documentation. The office engineer must have the knowledge and ability to utilize computers, including the latest versions of office productivity and project management software, in daily activities.

The office engineer shall hold at a minimum a Bachelor of Science Degree in Civil Engineering, or Construction Management, or similar. Experience with construction contract documentation is preferred. It is preferred that the office engineer is certified for pavement marking installation by being VDOT Pavement Marking certified or equivalent and have the ATSSA Pavement Marking technician certificate, but not required. The office engineer must have taken the OSHA-10 safety course.

C.4.2.3 Civil Inspectors (Full Time): Inspectors shall work under the direction of the resident engineer and be responsible for performing inspection of Consultant’s work, as assigned by the resident engineer to assure the work is in compliance with the requirements of the contract for construction and approved project construction contract documents.

Inspectors shall be familiar with the contract plans, specifications, DDOT procedures, Maintenance of Traffic (MOT) and safety requirements, and be responsible for all tasks traditionally performed in this role using industry best practices. Inspectors shall take and record quantities, check and verify layout, observe the work and create electronic inspector daily reports. Inspectors shall monitor all testing and shall maintain all records of testing, certification and all other quantity records. Inspectors shall maintain inspection records and records pertinent data regarding equipment, material, and labor.

Inspectors shall notify the resident engineer of quantity/testing issues and shall monitor and document resolutions. Inspectors shall verify and maintain on a daily basis quantity data for use in evaluating and processing applications for payments.

Inspectors must have the knowledge and ability to utilize computers, tablets, and smart phones, including the latest versions of office productivity and project management software, in daily activities. Inspectors shall daily upload the inspection reports, photos, and material tickets into the DDOT SharePoint site for the project. Inspectors shall daily submit their IDRs to the resident engineer for approval.

Inspectors shall at a minimum hold an Associate Degree in Engineering Technology, Construction Management, or similar, with a minimum of 1 year of roadway construction experience. Inspectors must be certified for pavement marking installation

P A G E | 13 by being VDOT Pavement Marking certified or equivalent, have the ATSSA Pavement Marking technician certificate, and have taken the OSHA-10 safety course.

C.4.3 Applicable Documents Incorporated by Reference

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

DDOT Construction Management Manual - May 2010 (Revised July 2010) https://ddot.dc.gov/page/construction-management-manual

DDOT Work Zone Temporary Traffic Control Manual, 2006 https://ddot.dc.gov/publication/ddot-work-zone-temporary-traffic-control-manual-2006

DDOT Design and Engineering Manual, 2019 https://ddot.dc.gov/page/design-and-engineering-manual https://ddot.dc.gov/publication/ddot-work-%20zone-temporary-traffic-control-manual-2006 https://ddot.dc.gov/publication/ddot-work-%20zone-temporary-traffic-control-manual-2006

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D. RESERVED

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E. INSPECTION AND ACCEPTANCE

E.1 The inspection and acceptance requirements for this contract shall be governed by clause number six (6), Inspection of Supplies of the Government of the District of Columbia's Standard Contract Provisions for use with Supplies and Services Contracts, dated July 2010. (Attachment J.1)

E.2 Performance monitoring by DDOT will take place daily, monthly, and annually as required in each task order. Performance monitoring will be conducted by the DDOT Contract Administrator (CA). The CA will manage each project in accordance with the terms of the order and as delegated by the Contracting Officer in the CA Delegation Letter.

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F. DELIVERABLES AND PERFORMANCE

F.1 Period of Performance

F.1.1 The term of the awarded Contract shall be for a base period of (1) one year from date of execution by the CO.

F.2 Option to extend the term of the contract:

F.2.1 The District may extend the base term of this Contract for a period of four 1-year options for a potential total of four years, by written notice to the Consultant before the expiration of the Contract; provided that the District will give the Consultant a 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 Consultant 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 an option, the extended Contract shall be considered to include this option provision.

F.2.3 The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

F.3 Deliverables

F.3.1 The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all studies, reports, recommendations, and other deliverables it furnishes under this Contract. The Consultant shall, without additional compensation, correct or revise any non-conforming deliverables if the non-conformance is a result of errors in the Consultant’s studies, reports, recommendations, and other deliverables.

F.3.2 All studies, reports, recommendations, and other deliverables are subject to the review and approval of DDOT. DDOT shall coordinate reviews with any other involved agencies and serve as the one point of contact for all review and approval. The Consultant shall prepare, modify, and correct all such non-conforming deliverables in sufficient detail to secure such approval.

F.3.3 Deliverables will be scoped in each task order.

The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, recommendations, and other deliverables it furnishes under the Contract. The Consultant shall, without additional compensation, correct or

P A G E | 17 revise any non-conforming deliverables, if the non-conformance is a result of errors in the Consultant’s reports, recommendations, and/or other deliverables.

Deliverables include, but are not limited to, the following:

Deliverable Method of Delivery Due Date To Whom

Submittal review memorandum Electronic Within 5 working days after providing submittals

DDOT

Design services Electronic

Varies based on complexity of the design. Due date will be stipulated in each Work Order

DDOT

Emergency work Electronic Within 3 hours after notification DDOT

Work related to natural disaster Electronic Within 6 hours after notification DDOT

Correspondence documents Electronic Daily DDOT

Daily records/report Electronic Daily DDOT

Invoice submittal Electronic and Paper Monthly DDOT

Meeting minutes Electronic Within 3 working days after each meeting DDOT

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G. CONTRACT

G.1 Invoice Payment

G.1.1 The District will make payments to the Consultant, 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 Consultant on or before the 30th day after receiving a proper invoice from the Consultant.

G.2 Invoice Submittal

G.2.1 The Consultant shall create and submit applications for payment in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov.

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

G.2.3 To constitute a proper invoice, the Consultant shall enter all required information into the Portal after selecting the applicable purchase order number, which is listed on the Consultant’s profile.

G.3 Payment

G.3.1 Task orders may be agreed to on the basis of any permissible means of compensation, such as lump sum (also known as firm fixed price), cost plus fixed fee, cost per unit of work, or specific rates of compensation, as appropriate to the task order. All payment terms not set forth herein will be established within individual task orders.

G.3.2 Profit: Profit will be negotiated at the task order level based on the unique complexities and performance risks of each project. The negotiated profit rate shall not exceed ten percent (10%) except in extraordinary circumstances as determined by the Contracting Officer. When the compensation method is cost plus fixed fee, the fee shall include profit and shall be a negotiated sum certain expressed in U.S. dollars that shall not be increased without a written contract modification signed by the Contracting Officer and only for permitted reasons specified in this Contract, the task order, or applicable law. Overruns in the cost of the work shall not automatically warrant an increase in the fixed fee portion of a cost-plus fixed fee task order. For lump sum task orders, Direct Salary Expense (“DSE”), indirect cost rates, and profit will be reviewed for purposes of the negotiation process in arriving at a fair and reasonable final lump sum, and profit shall be included in the lump sum, but will not be otherwise defined, set out, or tracked in the task order.

Typically, lump sum task orders are not audited except occasionally for internal purposes to determine the efficacy of DDOT negotiating processes. When the compensation method is specific rates of compensation or cost per unit of work, profit shall be included in the negotiated fully loaded rates.

G.3.3 DSE: When compensation is based on labor hours, the consultant’s compensation shall be based upon a loaded hourly rate which includes the total of DSE, the approved final

P A G E | 19 indirect cost rate, and, under certain circumstances as defined below, profit. When the compensation method is specific rates of compensation or cost per unit of work, profit shall also be included in the negotiated fully loaded rates. When the compensation method is cost plus fixed fee profit shall be excluded from the negotiated fully loaded rates. Loaded hourly rates must be included for each of the key personnel positions identified in Attachment J.7 as well as for all personnel in other work classifications which may be necessary to perform the task orders.

G.3.3.1 DSE is defined as the actual salaries, expressed on an hourly wage basis, prior to deductions for employment taxes (such as FICA, Medicare, income tax withholding) and employee-paid benefits, of all personnel, including Consultant's employees directly engaged on the Project (and performing consultations or research or preparing documents for the Project). DSE shall exclude mandatory and customary fringe benefits and employee benefits (such as employer-paid insurance, sick leave, holidays, vacation, pensions and similar contributions, or additions such as bonuses or other surplus payments), overhead expense (which includes salaries of bookkeepers, secretaries, clerks, and the like), and profit relating to the Project. Any multiplier applied to such DSE shall be for the purpose of covering such fringe benefits, expense, and profit. All personnel shall mean anyone employed by the Consultant and its Subconsultants including, but not limited to, Key Personnel as defined in this contract, engineers, architects, officers, principals, associates, CADD technicians, designers, job captains, draftspersons, and writers, who are performing consultation, research or design, or who are producing documents pertaining to the Project, or who are performing program management services during planning, design, or construction of the Project or any component thereof that are directly attributable to, and necessary for, program management related to such planning, design, or construction.

G.3.3.1.1 The Consultant and its Subconsultants may provide for an annual adjustment of DSE rates in accordance with their usual and customary annual salary adjustment process, including the timing of Consultant’s annual firm-wide DSE adjustments. Each DSE shall be entitled to a single raise in a 12-month period. Such rates shall not increase by more than a percentage equal to the increase in the Consumer Price Index for all Urban Consumers (CPI-U for Washington-Arlington-Alexandria) for the relevant period up to and including a maximum increase of 3.0%. Prior to including any such DSE adjustments in an invoice, the Consultant shall submit a revised Attachment J.7 including the annual DSE adjustment, and receive the CO’s prior written approval

G.3.3.2 Subject to § G.3.3, a proposal for a task order compensated based on a cost per unit of work basis may utilize average or categorical rates solely for the purpose of proposing the project budget for non-key personnel.

G.3.3.3 In the event a DSE is misrepresented by the Consultant, the District reserves the right to adjust the compensation paid to the Consultant to reflect the difference between the reimbursed and actual allowable DSE.

G.3.3.4 The use of overtime may be authorized under this contract if the overtime premium does not exceed an amount approved by the Contracting Officer for work:

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G.3.3.4.1 Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

G.3.3.4.2 By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

G.3.3.4.3 To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

G.3.3.4.4 That will result in lower overall costs to the District.

G.3.3.4.5 All requests for estimated overtime premiums shall include all estimated overtime for contract completion and shall:

a. Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

b. Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

c. Identify the extent to which approval of overtime would affect the performance or payments in connection with other District contracts, together with identification of each affected contract; and

d. Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

G.3.4 Other Direct Costs ("ODC"): Consultant is authorized reimbursement of ODCs subject to the following provisions.

G.3.4.1 Types, rates, and amounts of allowable ODCs, if any, shall be negotiated for each task order. ODCs, if allowed, shall be subject to a maximum amount.

G.3.4.2 Non-salary direct costs shall include purchase and rental of all materials, supplies, and equipment necessary for the performance of the services on each assignment and cost of outside professional consulting or contracting services, all at invoiced cost to the Consultant, plus the cost of communications and reproductions directly chargeable to the project, plus necessary travel and per diem expenses. The purchase cost of all materials, supplies and equipment, which are not for the exclusive use in providing the services included in this Agreement, are not allowed as non-salary direct costs and shall be included in the Consultant's overhead. These items include, but are not limited to, copiers, computers, software, refrigerators, coffee makers, microwave ovens, cellular phones, pagers, helmets, tape measures, fire extinguishers, and professional books and references.

G.3.5 Equipment rental shall be billed at cost.

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G.3.5.1 The cost of motor vehicle rentals and the cost of common carriers shall be the actual cost incurred. The cost of motor vehicle leases and rentals shall be the actual cost incurred, subject to audit. Leases must be supported by bona fide documentation from the leasing company and will only be allowed from established companies in the business of leasing vehicles.

G.3.5.2 For use of personal or company owned vehicles, the reimbursement rate per mile stipulated in the cost proposal, shall be the General Services Administration ("GSA") Privately Owned Vehicle mileage reimbursement rate published at the time the cost is incurred.

G.3.5.2.1 The Consultant shall maintain a mileage log for each project. The Consultant shall submit the project mileage log to the District with each invoice and upon request from the Contracting Officer.

G.3.5.3 For personnel in travel status, reimbursement of actual expenses up to the maximum amount per day will be allowed for meals and hotel. The allowable amount shall be GSA's per diem rates published for the performance location at the time the cost is incurred.

Travel must be approved in advance and in writing by the District.

G.3.5.4 Costs of time applied and charged directly to each assignment of the services of special outside consultants, Consultants, or drafting services shall be included in nonsalary direct costs at rates stipulated in the proposal.

G.3.5.5 Invoiced cost to the Consultant of all technical computations for each assignment performed by outside commercial electronic computation services shall be included in non-salary direct costs.

G.3.5 Facilities Capital Cost of Money (FCCM): FCCM is an allowable expense subject to the following provisions.

G.3.5.1 If reimbursement of FCCM is proposed, it shall be separately stated in the cost proposal.

G.4 Indirect Cost Rates (ICR)

To the maximum extent practicable, the District intends to negotiate contract costs based on the Consultant’s approved final indirect cost rate(s) from the Consultant’s most recently completed fiscal year. Consultants providing services under the Contract shall develop indirect cost rates on an annual basis in accordance with the Federal Cost Principles at 48 CFR 31 (Federal Acquisition Regulation). Notwithstanding the foregoing definition of DSE, Consultant's indirect cost rate shall comply with 48 CFR Part 31; 2 C.F.R. Part 200; and 23 C.F.R. § 172. Subconsultant's indirect cost rates are subject to the same requirements.

Consultant shall provide separate indirect cost rates for home office and co-location when required. A Consultant's indirect cost rate(s) and business systems (e.g., Accounting System) are subject to audit throughout the life of the Contract and as permitted by Attachments J.1 and J.5. An indirect cost rate or business system that is cognizant-approved, or otherwise acceptable under then current laws and regulations, shall be used.

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G.4.1 For Consultants with a field and home office indirect cost rate, the Consultant shall state in each task order proposal which rate applies based on the preponderance of the work location.

G.4.2 For Consultants with a unitary rate, the District reserves the right to require project specific rates that reflects the causal-beneficial relationship between the Consultant's activities in the field and the pool of costs being reimbursed, and in accordance with 27 DCMR § 3313. Such rates will take precedence over the same audit rate for the period.

Such rates may be documented using an advance agreement.

G.4.3 A Consultant may voluntarily propose the use of an indirect cost rate that is lower than its current approved rate, and the Contracting Officer may accept such a rate via the execution of an advance agreement.

G.4.4 The Consultant and subconsultant's indirect cost rates will be subject to review and audit by DDOT and FHWA for the life of the Contract. A subconsultant is an independent Consultant providing services to and under direct contract to the Consultant for a portion of the Consultant's negotiated services for individual orders placed under the Contract. If such an audit finds that the accepted indirect cost rate (the rate applied to DSE in calculating the loaded fixed hourly rates for this contract) is unjustified, the loaded fixed hourly rates for the Contract will be recalculated using the indirect cost rate supported by the audit and the amounts payable under this Contract will be changed accordingly.

Hourly billing rates consist of the sum of approved DSE, approved indirect cost, and allowable profit or fixed fee for each employee.

G.4.4.1 The District shall reimburse the Consultant for such indirect costs that are allowable, allocable, and reasonable under generally accepted accounting principles and as allowed in the Federal Acquisition Regulation Subpart 31.2 and Section 31.105, and not prohibited by the laws of the District of Columbia.

G.4.4.2 Such indirect costs designated as Overhead in the Consultant's Cost Summary (Attachment J.6), shall be applied to an allocation base such as DSE. The allocation base shall represent a logical grouping based on a causal-beneficial relationship of the allocation base to the final cost objectives.

G.4.4.3 Final incurred cost submissions shall be proposed utilizing one of the following types (in order of preference):

a. An Indirect Cost Rate Schedule approved by a cognizant state or federal entity;

b. An arms-length auditing firm possessing the necessary credentials to perform such an audit in accordance with FAR Part 31 and a DDOT- approved Certification of Final Indirect Costs; or

c. A DDOT-approved Self-Certification of Accounting System and Reimbursement Rates forms including supporting documentation.

G.4.4.3.1 If a Consultant receives an annual approval of its Indirect Cost Rates from a cognizant state of federal entity, it shall utilize G.4.4.3(a) as its final incurred cost submission type.

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G.4.4.3.2 A fiscal year's rate determination, using one of the above, shall be used in establishing the current approved indirect cost rate.

G.4.4.3.3 An incurred cost submission provided under G.4.4.3 must be performed in accordance with Generally Accepted Government Auditing Standards (GAGAS), 48 Code of Federal Regulations (CFR) Part 31, and the AASHTO Uniform Audit & Accounting Guide for Architectural & Engineering Consulting Firms (Attachment J.12).

G.4.4.4 Annual Incurred Cost Package

The annual incurred cost package shall be submitted to the Contracting Officer and DDOT/OCFO Assurance and Compliance Division (See § G.7) within six months of the Consultant's annual fiscal year end. Regardless of the Incurred Cost Submission type (See § G.4.5.3), the Consultant’s annual incurred cost package shall include a:

G.4.4.4.1 Incurred Cost Submission (G.4.4.3)

G.4.4.4.2 Cost Summary (Attachment J.6)

G.4.4.4.3 Internal Control Questionnaire for Consulting Engineers (Attachment J.10)

G.4.4.4.4…