DCKA-2024-B-0008_Att1.pdf

DCKA-2024-B-0008 Page 1 of 64 Citywide Thermoplastic Pavement Marking

GOVERNMENT OF THE DISTRICT OF COLUMBIA

DEPARTMENT OF TRANSPORTATION

ASSET MANAGEMENT BRANCH

SOLICITATION:

INVITATION FOR BIDS

FEDERALLY-FUNDED PROJECT

INVITATION NO.: DCKA-2024-B-0008

PROJECT: Citywide Thermoplastic Pavement Marking

RFQ Solicitation Number: DCKA-2024-B-0008

Bids Due Date: February 13, 2024

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

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A. SOLICITATION

1. Caption: Page of Pages

Citywide Thermoplastic Pavement Marking 2 of 51

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Type of Market

DCKA-2024-B-0008

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 700S Washington, DC 20003

8. Address Offer to:

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

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

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at address in 8 above until 2:00 pm local time on February 13, 2024 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 B. Telephone C. E-mail Address Mohammad Mohib Siddiqi Contracting Officer

(Area Code) (Number) (Ext) Mohammad.siddiqi@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 2 X I Contract Clauses 33

X B Contract Type, Supplies or Services and Price/Cost 3

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER

ATTACHMENTS

X C Specifications/Work Statement 7 X J List of Attachments 46 x D Packaging and Marking 11 PART IV - REPRESENTATIONS AND INSTRUCTIONS X E Inspection and Acceptance 12

X K Representations, Certifications, and Other Statements of Offerors 47 X F Period of Performance and Deliverables 15

X G Contract Administration 16 X L Instructions, Conditions, and Notices to Offerors 48

X H Special Contract Requirements 21 X M Evaluation Factors 64

OFFER

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 365 calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified herein.

13Not Applicable

14. Acknowledgement of Amendments (The offeror acknowledges receipt of amendments to the SOLICITATION):

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 mailto:Mohammad.siddiqi@dc.gov

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SECTION B: CONTRACT TYPE AND PRICE/COST

B.1 SUMMARY

The District of Columbia Office of Contracting and Procurement (“OCP”), on behalf of the Department of Transportation (“DDOT”), is seeking contractors to install, refurbish, upgrade, maintain, and replace existing pavement line markings including traffic paint, thermoplastic, preformed pavement tape and colored markings as required at various locations throughout the District (the “Project), in accordance with the Contract Documents, as defined herein.

The District contemplates award of one Indefinite Delivery-Indefinite Quantity (IDIQ) Contract for the services specified with payment based on fixed unit prices as set forth in the Price Schedule.

The Contractor shall provide all specified services required by the District.

B.2 TYPE OF CONTRACT

In accordance with Title 27 DCMR Chapter 2416, the District contemplates award of indefinite-delivery-indefinite-quantity contracts (IDIQ). The Contract shall have a base term of 2 years, with 3 one-year options. The quantities of supplies and/or services specified in the schedule are estimates only. Individual bid items must be balanced since precise quantities and locations are unknown at this time.

Option to Extend the Term of the Contract

A. The District may extend the terms of this contract for 3 one-year option periods, or successive fractions thereof, by written notice to the Contractor before the expiration of the contract period; provided that the District will give the Contractor preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the District to an extension. The exercise of an option is subject to the availability of funds at the time of the exercise of this option. The Contractor may waive the 30 days preliminary notice by providing a written waiver to the Contracting Officer prior to expiration of the contract.

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

C. The total duration of this contract, including the exercise of any option under this clause shall not exceed 5 years.

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ)

A. This is an IDIQ contract for the supplies or work specified.

1. Delivery or performance shall be made only as authorized by Task Orders issued by the Contracting Officer in accordance with the Contract. The Contractor shall furnish to the District, when and if ordered, the supplies or services specified in the Price Schedule up to and including a maximum amount of $100,000,000.00 for the 2 years base term and $50,000,000.00 each option year (3 option years), if exercised for a maximum NTE contract amount of $250,000,000.00. The District will order a minimum amount of $100,000.00 for the base term and $50,000.00 for each option year, if exercised. There is no limit on the number of task orders that may

DCKA-2024-B-0008 Page 4 of 64 be issued. The District may issue task orders requiring delivery to multiple destinations or performance at multiple locations.

2. Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the task order. The contract shall govern the Contractor's and District’s rights and obligations with respect to that task order to the same extend as if the task order were completed during the contract’s effective period.

B. Ordering Clause

Any construction to be furnished under the Contract must be ordered by issuance of Task Orders by the Contracting Officer. Such orders may be issued during the term of this contract.

3. The Contracting Officer shall issue any supplies and services to be furnished under this Contract either ordered by issuance of delivery orders or task orders. Such order may be issued from date of award through one year thereafter.

4. All delivery orders or task orders are subject to the terms and conditions of this Contract. In the event of a conflict between a delivery order or task order and this Contract, the Contract shall control. Orders will be issued by electronic commerce methods.

B.3 FEDERAL PARTICIPATION (FEDERAL-AID PROJECTS)

This paragraph supersedes Standard Specifications Section 107.02, “Federal-Aid Participation.”

Because the U.S. government is participating in the cost of the Work covered by the Contract, the Work shall be under the supervision of the District but subject to the inspection and approval of the appropriate officials of the U.S. government and in accordance with the applicable federal statutes, rules and regulations. Such inspection will in no case make the federal government a party to the Contract, nor will it subject the Contractor to compliance with the federal laws relative to labor on government contracts other than such labor requirements as required by law and as contained in the Contract Documents.

B.4 NOTICE OF DBE SUBCONTRACTING REQUIREMENTS

A Disadvantage Business Enterprise (DBE) subcontracting plan (OCR DBE Utilization Form) is ☑ is not ☐ required to be submitted for this Contract.

If a DBE subcontracting plan is required for this Contract, and in accordance with the requirements of 49 CFR 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, the goal for DBE participation is expressed in percentage terms for the dollar value of the Contractor's aggregate workforce in each trade on all construction work on the Project.

DBE Goal: 27%

B.5 PRICE SCHEDULE

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Note to bidders: The price schedule is attached at Section J.13. The price schedule of the selected awardee will be included here in the executed contract.

B.6 SCOPE OF PAYMENT

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

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

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

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

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

B.7.1 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01 et seq.

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

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

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

(3) As calculated with the same percentage indirect cost rate as the nonprofit organization negotiated with any District agency within the past 2 years; however, a nonprofit organization may request to renegotiate indirect costs rates in accordance with B.7.2; or

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

B.7.2 If this contract is funded by a federal agency, indirect costs shall be consistent with the requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.

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B.7.3 The Contractor shall pay its subcontractors which are nonprofit organizations the same indirect cost rates as the nonprofit organization subcontractors would have received as a prime contractor.

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SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

C.1 STATEMENT OF WORK

The Office of Contracting and Procurement, on behalf of the District Department of Transportation (the District) seeks a Contractor to provide installation, refurbishing, upgrading, maintenance, and replacement of existing pavement line markings including traffic paint, thermoplastics, preformed pavement tape and colored markings as required at various locations throughout the District in accordance with the Contract Documents, as defined herein.

The Contractor shall provide all materials, supplies, equipment, labor, and transportation necessary to provide the services described herein. Work shall include the installing, refurbishing, upgrading, maintaining, and replacing existing pavement line markings including traffic paint, thermoplastic, pavement tape and colored markings within the District. The construction shall meet and conform to the most current versions of the DDOT Standards and Specifications.

Work under this Contract consists of pavement marking at various locations districtwide.

Task Orders issued by the Contracting Officer will provide specific work locations. The detailed scope of work for the construction services includes the following:

1. Remove and replace any existing non-high visibility crosswalks with high visibility crosswalks.

2. Refurbish and upgrade various existing longitudinal markings including centerlines, lane lines, edge lines and barrier lines. Lines may be either continuous (solid) or broken (dash). Broken lines consist of 10-foot line segments with 30-foot gaps.

3. Refurbish and upgrade various existing transverse markings either flat or raised, including shoulder markings, word and symbol markings, stop lines, crosswalk lines, speed measurement markings, parking space markings, delineators and others.

4. Furnish and install (apply) thermoplastic pavement marking material such as, raised reflectorized pavement markers and traffic paint, tape or colored markings including bike markings, bus transit markings, parking markings and streetcar markings.

5. Furnish a pavement marking layout, based on plans furnished by the Contract

Administration (CA) and/or utilize the existing pavement markings to delineate the work to be performed.

6. Perform special project markings such as Vision Zero, Streetcar, bike, transit/bus, pilot projects, inauguration, and state funerals.

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7. Maintain, remove, repair or install vertical guiding facilities on the road surface including delineators, flexible posts, wheelstops, concrete cycle track barrier curbs, ZICLA Vectorial Bus Platform Systems and in-road pedestrian walk signs (pylons).

8. Remove and dispose of all temporary markings and unsalvageable materials from the project site.

9. Maintain, remove, refurbish or install channelizing markings.

10. Participate in bi-weekly progress meetings to discuss ongoing work, probable work, and issues that may arise. The meetings may be held at DDOT office or in the field, with visits to various sites where work is planned. This is considered an administrative activity, and no additional payment will be made.

11. Painting and repainting of traffic striping and pavement markings, replacement of missing markers, the installation of new reflective pavement markers/markers, and the removal of obsolete and/or unnecessary striping and pavement markings.

12. Work shall include the cleaning of soil and debris from the surrounding pavement surfaces/ areas to be striped prior to actual striping; removal and disposal of removed material and pavement repair as necessary.

13. Provide and maintain approved temporary traffic control/maintenance of traffic (MOT). All maintenance of traffic shall be approved prior to commencing any related work and shall be coordinated with work performed at other projects that may be underway in the vicinity.

14. All mobilization and demobilization related activities associated with the pavement marking services at each location.

C.2 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/sites/default/files/dc/sit es/ddot/publication/attachments/DDOT_St andardSpecificationsHighwaysStructures_ 2013.pdf

DDOT Standard Drawings, 2015 and most current updates https://wiki.ddot.dc.gov/display/public/CO MP/Standards

Manual on Uniform Traffic Control Devices (MUTCD), 11th edition https://mutcd.fhwa.dot.gov/

Way to Work Amendment Act of 2006 – Living Wage Notice Year 2022 Update https://ocp.dc.gov/publication/2022-living-wage-notice https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/DDOT_StandardSpecificationsHighwaysStructures_2013.pdf https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/DDOT_StandardSpecificationsHighwaysStructures_2013.pdf https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/DDOT_StandardSpecificationsHighwaysStructures_2013.pdf https://ddot.dc.gov/sites/default/files/dc/sites/ddot/publication/attachments/DDOT_StandardSpecificationsHighwaysStructures_2013.pdf https://wiki.ddot.dc.gov/display/public/COMP/Standards https://wiki.ddot.dc.gov/display/public/COMP/Standards https://mutcd.fhwa.dot.gov/ https://ocp.dc.gov/publication/2022-living-wage-notice https://ocp.dc.gov/publication/2022-living-wage-notice

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Way to Work Amendment Act of 2009 – Living Wage Fact Sheet Year 2022 Update https://ocp.dc.gov/publication/2022-living-wage-fact-sheet

C.3 DEFINITIONS

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

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

Contract – The entire, integrated agreement between the District and the Contractor for the Project.

The Contract is made of the Contract Documents, and supersedes prior negotiations, representations or agreements.

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

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

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

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

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

In addition, these terms are defined as follows:

NA

C.4 DELIVERABLES

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

Item Description Schedule Contract Reference

1. Subcontractor Payment Form Monthly G.3

2. Subcontractor Approval Request Form As Needed I.5.B

3. Schedule Update Monthly G.1.B

4. EEO Monthly Employment Utilization Report Monthly G.6.A https://ocp.dc.gov/publication/2022-living-wage-fact-sheet https://ocp.dc.gov/publication/2022-living-wage-fact-sheet

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Item Description Schedule Contract Reference

5. Office of Civil Rights DBE Utilization Form Monthly G.6.B

6. Certified Payrolls and Statement of Compliance Weekly H.2.C

C.5 CONTRACTOR’S RESPONSIBILITY FOR WORK

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

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

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

C.6 BRAND NAME OR EQUAL

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

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

C.7 SUPPLEMENTARY SPECIFICATIONS

Supplementary Specifications (also referred to as “Special Provisions”) are attached to the Contract at Section J.12.

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SECTION D: PACKAGING AND MARKING

Not Applicable.

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SECTION E: INSPECTION AND ACCEPTANCE

E.1 INSPECTION

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

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

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

2. Such off-site inspection or test shall not relieve the Contractor of responsibility for damage

to. or loss of, the material prior to incorporation into the Work, nor in any way affect the rights of the District under the terms of this Article, except as herein above provided.

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

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

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

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

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

DCKA-2024-B-0008 Page 13 of 64 by the District in no way relieves the Contractor of its responsibility to meet the requirements of the Contract Documents.

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

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

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

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

E.2 ACCEPTANCE

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

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

B. FINAL INSPECTION AND ACCEPTANCE

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

2. Unless otherwise provided in the Contract, Final Acceptance by the District will be made as promptly as practicable after inspection of the Work and shall be final and conclusive except with regard to latent defects, fraud, or such gross mistakes as may amount to fraud, or with regard to the District’s rights under any warranty or guaranty.

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3. The Project will not be accepted until the Contractor has met all Contract requirements.

The Contractor remains responsible for the correction of any deficient or non-compliant aspects of the Work until Final Acceptance, even if discovered after Final Acceptance.

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

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

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SECTION F: PERIOD OF PERFORMANCE

F.1 PERIOD OF PERFORMANCE

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

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

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

B. Final Acceptance Date. The Final Acceptance Date is 395 consecutive calendar days from the date of Notice to Proceed.

F.2 FAILURE TO COMPLETE ON TIME

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

F.3 ROAD USERS FEES

N/A

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SECTION G: CONTRACT ADMINISTRATION

G.1 INVOICE PAYMENT

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

A. Monthly Invoices (also be referred to as “applications for payment”). On a monthly basis, the Contractor shall submit a proper invoice, in accordance with paragraph G.2(B) below, for completed work. The Contractor shall submit evidence of timely payments to all subcontractors, in accordance with paragraph G.3, below.

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

B. The Contractor shall submit to the CA, as a condition for each progress payment, evidence of timely payments to subcontractors for work under the previous invoice, in accordance with Paragraph G.3, H. Notwithstanding paragraph G.1.A above, the District will not make payment on an invoice until such documentation is received.

C. Retainage.

The District may retain up to 5% of each progress payment. If, however, the Contractor has been notified in writing of its failure to meet Contract requirements, the District may withhold retainage up to 10% of each subsequent progress payment. For work under an IDIQ contract, the Contracting Officer will release all retainage for a task order once Final Acceptance of the work under such task order has been achieved.

G.2 INVOICE SUBMITTAL

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

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

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

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

G.3 PAYMENTS TO SUBCONTRACTORS

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

A. All payments by the Contractor to subcontractors are subject to the Quick Payment Act, D.C.

Official Code § 2-220-01 et seq. Specifically:

https://vendorportal.dc.gov/

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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 CA and CO 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.

2. The Contractor shall include the following clauses into its subcontracts:

a. If the Contractor fails to make payments to the subcontractor by the payment date required by the subcontract, the Contractor shall pay such subcontractor interest penalties on amounts due the subcontractor beginning on the day after the payment is due and ending on the date on which the payment is made. Interest shall be calculated at the rate of at last 1% per month.

b. Any amount of interest penalty that remains unpaid by the Contractor after 30 days shall be added to the principle amount of the debt to the subcontractor an, thereafter, interest penalties shall accrue on the added amount.

3. A dispute between the Contractor and subcontract relating to the amounts of, or a subcontractor’s entitlement to, a payment, or late payment interest penalty, does not constitute a dispute to which the District is a party. The District may not be interpleaded into any judicial or administrative proceeding involving such dispute.

B. Each month during the Period of Performance, the Contractor shall complete the OCR Subcontractor Payment Form, attached at J.10, and submit it to the CA and the Office of Civil Rights (OCR).

G.4 ASSIGNMENT OF CONTRACT PAYMENTS

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

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

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

G.5 FINAL PAYMENT

This clause supersedes DDOT Standard Specifications for Highways and Structures 2013 Section 109.08, “Acceptance and Final Payment.”

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A. Acceptance, as provided in Section E.2, herein, means “Final Acceptance,” as defined in DDOT Standard Specifications for Highways and Structures 2013 Section 108.08(B). When the Project has been accepted in accordance with Section E.2, herein,” the Contractor shall prepare, and submit to the CA, the final estimate for the Work performed for approval by the District. If the District approves the final estimate without exception to the quantities, the Contractor may file an invoice for final payment. The amount of the final payment will be the entire sum found to be due after deducting all previous payments and all amounts to be retained or deducted under the provisions of the Contract. All prior partial estimates and progress payments shall be subject to correction in the final estimate and payment.

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

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

2. Proof of payment of all subcontractors in the form of release of all claims; and

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

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

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

D. Notwithstanding the provisions of B.1 above, the Contractor may reserve from the release specific claims only if such claims have been submitted in accordance with the Disputes clause of the Contract. In such event, the District will make final payment pending resolution of the claim. Upon final adjudication of the claim, any additional payment determined to be due the Contractor will be placed on a supplemental estimate and processed for payment.

G.6 REPORTING REQUIREMENTS

A. Equal Opportunity Reporting Requirements

1. During the Period of Performance, the Contractor shall complete the DDOT Monthly Equal Employment Opportunity Utilization Report, attached at J.8, and submit it to the CO by the 5th day of each month. The report shall include the total workhours for each employee classification in each trade in the covered area for the reporting period.

2. The Contractor shall include the requirements of this paragraph G.6(A) in all subcontracts and shall collect reports from each subcontractor and submit them with its report each month.

B. DBE Utilization

Each month during the Period of Performance, the Contractor shall complete the Office of Civil Rights (OCR) DBE Utilization Form, attached at J. 9, and submit it to the CA and to

OCR.

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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:

Mohammad Mohib Siddiqi Office of Contracting and Procurement Address: 250 M St. SE | 7th Floor Washington D.C. 20002 E-mail address: mohammad.siddiqi@dc.gov

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

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

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

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

G.9 CONTRACT ADMINSTRATOR (CA)

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

B. For the purposes of the Contract, “Contract Administrator” or “CA” are synonymous with “Engineer.” The CA is responsible for general administration of the Contract and advising the CO as to the Contractor’s compliance or noncompliance with the Contract. The CA has the responsibility of ensuring the work conforms to the requirements of the Contract and such other responsibilities and authorities as may be specified in the Contract. The CA will act as the CO’s representative on technical matters, providing technical clarifications, as necessary, with respect to the Specifications or Statement of Work, and monitoring the progress and quality of the Contractor’s performance. Other responsibilities include:

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

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

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

mailto:mohammad.siddiqi@dc.gov

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4. Reviewing and approving invoices for deliverables to ensure receipt of goods and services.

This includes the timely processing of invoices and vouchers in accordance with the District’s payment provisions;

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

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

C. The CA shall NOT have the authority to:

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

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

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

4. Authorize the expenditure of funds by the Contractor;

5. Change the period of performance;

6. Substitute key personnel without CO approval; or

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

G.10 ORDERING CLAUSE

A. The District will order construction to be furnished under the Contract by issuance of task orders by the CO. Such orders must be issued during the term of the Contract.

B. All task orders are subject to the terms and conditions of the Contract. In the event of a conflict between a task order and the Contract, the Contract shall control.

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SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL CONTRACT PROVISIONS

This Federal-Aid Highway Program (“FAHP”) contract is subject to Federal Highway Administration (“FHWA”) 1273, Special Contract Provisions Federal-Aid Construction Contracts (2012) (attached at J.2).

H.2 DEPARTMENT OF LABOR WAGE DETERMINATIONS

This clause supplements and modifies Paragraph H.10, “Labor Requirements,” below.

A. In accordance with applicable provisions of 29 CFR Part 1, General Wage Decision No.

DC20240001, 01/05/2024, Modification # 0 are bound herein and contain(s) the specific applicable wage rate(s) for: HEAVY CONSTRUCTION PROJECTS. All wage categories in the Wage Determination apply to this contract including Heavy Construction, Sewer and Water Lines, Paving and Incidental.

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

The Contractor may request payment for this added labor cost.

C. Within 7 days after the regular payment date of the Contractor’s payroll period, the Contractor shall submit all certified payrolls and the accompanying Statement of Compliance electronically using LCPTracker, the DDOT electronic labor compliance software. DDOT will provide information regarding registration for LCPTracker at the pre-construction conference. More information regarding these requirements is in the Davis Bacon Compliance Requirements, attached at J.11.

H.3 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

This clause supersedes Standard Specifications Section 102.04, “Affirmative Action Program.”

Bidders are on notice that they are required to provide an Affirmative Action Plan.

Additional requirements are included in “FHWA Required Affirmative Action, Equal Employment Opportunity and Subcontracting Requirements and Assurances (09/17),” which is incorporated into the Contract by attachment at Section J.3.

The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Time- tables Goals for minority participation in each trade Goals for female participation in each trade

28 % 6.9 %

These goals are applicable to all the Contractor’s construction work (whether or not it is federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such

DCKA-2024-B-0008 Page 22 of 64 geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs, with a copy to the District, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from the Solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

As used in this Notice, and in the Contract resulting from this solicitation, the “covered area” is the site of the Project.

H.4 TRAINING REQUIREMENTS

The requirements of 23 CFR 230 Subpart A, Appendix B, “Training Special Provisions,” apply to this Contract and are set forth at Standard Specifications Section 103.04, “Employee Training Requirements.”

The number of trainees for this Contract is: None

H.5 NON-APPLICABILITY OF DISTRICT HIRING REQUIREMENTS

The local hiring requirements of Section 103.02, “Contract Labor Provisions,” do not apply to this Contract.

H.6 USE OF UNITED STATES-FLAG VESSELS

Pursuant to the Cargo Preference Act and implementing regulations (46 CFR 381), the Contractor agrees to –

A. Use privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this Contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels;

B. Furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/60 https://www.law.cornell.edu/cfr/text/41/part-60

DCKA-2024-B-0008 Page 23 of 64 originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (A) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

C. Insert the substance of the provisions of this clause in all subcontracts issued…