GF-2026-B-0016, Building 43 Roof Replacement

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Government of the District of Columbia
STANDARD CONTRACT
PROVISIONS
For Use With
Specifications for
District of Columbia Government
Construction Projects
(Revised March 2011)
PLEASE RETAIN FOR YOUR REFERENCE
Page 1

INDEX
INSTRUCTIONS TO BIDDERS
PAGE
Qualification of Bidders ..........5
Bid Documents .... 5
Examination of Bid .. ..
..................
Error in Bids ... 5
Labor and Material Not Furnished by District .. 5
Addenda and Interpretations .. 6
Alternate Bids .... 6
Bids for All or Part .... 6
Price Schedule Interpretation .... 6
Corrections ... 6
Bond ............
A.Bid Guaranty . . ................ 6
B.Performance Bond . . ................. ..7
C.Payment Bond .. ................ .7
D.Bond Source ................ ..7
Signature to Bids ..........7
Marking and Mailing Bids . .....8
Receiving Bids, Modifications or Withdrawals . ...........8
Withdrawal of Bids . . ............8
Opening of Bids .. ... 8
....
Cancellatio ....
Contract and Bond .....
GENERAL PROVISIONS
Definitions
Specifications and Drawings
Changes
A.Designated Change Orders
B.Other Change Orders
C.General Requirements
D.Change Order Breakdown
EQUITABLE ADJUSTMENT OF CONTRACT TERMS
Differing Site Conditions
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INDEX (Continued)
PAGE
Significant Changes in Character of Work ... 13
Termination-Dela ... ... .... 14
... 15
.... 19
... 21
Transfer or Assignment... .... 21
Material and Workmanship. .... 21
.... 22
District Material .... 22
.... 22
.... 22
.... 23
.... 3
Inspection and Acceptance ... 23
Superintendence by Contractor ... 24
Permits and Responsibilities ... 24
Indemnification ... 24
Protection Against Trespass . ... 24
Conditions Affecting the Work ...... 24
A.General .... 24
B.Work and Storage Space .... 24
C.Work on Sundays, Legal Holidays and at Night .... 24
D.Existing Features .... 24
E.Utilities and Vaults .... 25
F.Site Maintenance .... 25
G.Private Work .... 25
H.District of Columbia Noise Control Act of 1977. 25
Other Contracts .. 25
Patent Indemnity. ... 26
Additional Bond Security . ... 26
Covenant Against Contingency Fees. ... 26
Appointment of Attorney.. ... 26
District Employees Not to Benefit... ... 26
Waiver... .... 27
Buy American.. ... 27
A.Agreement .... 27
B.Domestic Construction Material ... 27
C.Domestic Component ... 27
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.......... 7
Taxes
A.Federal Excise Taxes ... 27
B.Sales and Use Taxes .. 27
Suspension of Work ..... 28
Safety Program . 28
A. General ...... 28
B.Con ... 29
Retention of Records .... 29
Recovery of
LABOR PROVISIONS Davis-Bacon Act 30
Minimum Wages .. ............30
B.Withholding .. 30
............... 30
Convict Labor ..................................................................... 31
Apprentices and Trainees . 31
.... 31
... 31
... 31
Contract Work Hours and Safety Standards Act . 32
A.Overtime Basis .... 32
B.Liability for Unpaid Wages .... 33
C.Disputes .... 33
D.Violation Penalty ... 34
E. Health and Safety Standards ....... 34
Copeland Act . 34
A.Definition .... 34
B. Weekly Compliance Statement .... 34
C.Payrolls and Records ... .34
D. Payroll Deductions Not Subject to Secretary of Labor Approval .... 35
E.Payroll Deductions Subject to Secretary of Labor Approval .... 36
F.Applications for Secretary of Labor Approval .... 36
G.Action by Secretary of Labor Upon Applications .... 36
H.Prohibited Payroll Deductions .... 36
I.Methods of Payment of Wages ..... 37
Non-segregated Facilities Termination and Debarment .. 37
Form - .... 38
Form .... 39
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INSTRUCTIONS TO BIDDERS
(Construction)
ARTICLE 1. QUALIFICATIONS OF BIDDERS Bidders shall have the capability to perform
classes of work contemplated, have the necessary plant and sufficient capital to execute the work
properly within specified time.
Any Bidder who has not performed comparable work for the District within the last 5 years shall
manpower, financial resources, and construction experience that he considers will qualify him for
proposed contract. This information shall be certified by a Certified Public Accountant for
Inc.., at
008, or on an approved equivalent form. This
requirement is not needed if the bidder has submitted such a statement to the District within a
year prior to bid opening date, but will be required if bidder has previously submitted such a
statement under-one company name or organization or joint venture and is now bidding under
another company name or organization or joint venture. A certified statement of prequalification
approval by another jurisdiction may be considered as an alternative to foregoing procedure. A
bidder shall submit a supplemental statement if requested by the District.
ARTICLE 2. BID DOCUMENTS The Specifications (including all documents referenced therein
and all documents attached thereto), drawings and addenda which form the basis of any bid shall
be considered as part thereof and will form part of the bid. Copies of these documents will be
furnished to or made available for the inspection of prospective bidders by that office indicated in
the advertisement or invitation.
ARTICLE 3. EXAMINATION OF BID DOCUMENTS AND SITE OF WORK Each Bidder shall
carefully examine the site of the proposed work and the bid documents and fully acquaint himself
with conditions relating to construction and labor so that he may fully understand the facilities,
difficulties and restrictions attending the execution of the work under the bid documents, and he
shall judge for and satisfy himself as to conditions to be encountered affecting the character,
quality and quantity of the work to be performed and materials to be furnished arid to the
relieve him from any obligation under his bid or contract.
ARTICLE 4. PREPARATION FOR BIDS The bid form furnished in the bid proposal and
specifications shall be used in strict compliance with the requirements of the Invitation and
Supplemental Instructions to Bidders in the specifications. Special care shall be exercised in the
preparation of bids. Bidders must make their own estimates of the facilities and difficulties to be
anticipated upon execution of the contract, including local conditions, uncertainty of weather and
all other contingencies. All designations and prices shall be fully and clearly set forth in the bid
submission. ALL PRICES SHALL BE INSERTED IN FIGURES TYPED OR PRINTED LEGIBLY
ON THE BID FORM. All corrections on the bid documents must be initialed by the person signing
the bid form.
ARTICLE 5. ERROR IN BIDS Bidders or their authorized agents are expected to examine all
bid documents and any addenda thereto, and all other instructions pertaining to the work which
ot
constitute reason for relief on plea of error in the bid. IN CASE OF ERROR IN THE EXTENSION
OF PRICES IN THE BID, UNIT PRICES WILL GOVERN.
The bidder must submit his plea of error in writing to the Contracting Officer and must be
prepared to document and prove his error.
ARTICLE 6. LABOR AND MATERIAL NOT FURNISHED BY DISTRICT The District will not
furnish any labor, material or supplies unless a provision to do so is included in the contract
documents.
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ARTICLE 7. ADDENDA AND INTERPRETATIONS No oral interpretations of the meaning of
the drawings, specifications or other bid documents will be made to any bidder. Verbal
clarification will not be binding on the District. Allrequests must be in writing and addressed to the
Contracting Officer responsible for administering the contract. Requests for interpretations of bid
documents must be received by the Contracting Officer not later than 10 days prior to bid opening
date. All changes to the bid documents will be made by addenda mailed to all prospective
bidders, who have obtained copies of the bid documents, not later than 7 days before bid opening
date. In case of discrepancy among addenda, a later dated addendum has priority over earlier
dated addenda. It shall b nsibility to make inquiry as to any or all addenda
issued, and failure of any prospective bidder to receive any such addenda issued by the
Contracting Officer shall not relieve the bidder from any obligation under his bid as submitted.
Bidders must acknowledge receipt of all addenda on the Bid Form; failure to do so may result in
rejection of bid.. All addenda issued shall become part of the bid and contract documents. -
ARTICLE 8. ALTERNATE BIDS Alternate bids will not be considered unless called for in the
Bid Form.
ARTICLE 9. BIDS FOR ALL OR PART Where bids are not qualified by specific limitations, the
District reserves the right to award all or any of the items according to its best interests.
ARTICLE 10. PRICE SCHEDULE INTERPRETATION Quantities appearing in the Price
Schedule are approximate only and are prepared for the comparison of bids. Payment will be
made only for actual material requirements accepted and for work performed and accepted.
Schedule quantities may be increased., decreased or omitted and there shall be no adjustment in
contract unit prices except as provided, and except for such materials actually purchased or work
actually performed prior to notification of the change in items affected.
The price for any item, unless otherwise specified, shall include full compensation for all
needed to complete specified items. Prices without exception shall be net, not subject to discount,
and shall include all royalties and costs arising from patents, proprietary items, trademarks and
copyrights.
ARTICLE 11. CORRECTIONS Erasures and other changes in bids must be explained or noted
over the signature of the bidder.
ARTICLE 12. BOND REQUIREMENTS
A. BID GUARANTY On all bids of $100,000.00 or more, security is required to insure
the execution of the contract. No bid will be considered unless it is so guaranteed.
Each bidder must furnish with his bid either a Bid Bond (Form No. DC 2640-5), with
good and sufficient sureties, a certified check payable to the order of the Treasurer of
the District of Columbia (uncertified check will not be accepted), negotiable United
States bonds (at par value), or an irrevocable letter of credit in an amount not less
than five percent (5%) of the amount of his bid, as a guaranty that he Will not
withdraw said bid within the period specified therein after the opening of the same; or,
if no period be specified, within ninety (90) days after said opening, and will, within
the period specified therefore, or, if no period be specified, within ten (10) days, after
the prescribed forms are forwarded to him for execution (or within any extension of
time which may be granted by the officer to whom the bid was addressed) execute
and deliver a written contract on the standard District form in accordance with bid as
accepted and give bond with good and sufficient sureties, as specified below for the
faithful performance and proper fulfillment of such contract and payment of laborers
and material men as required by law or, in the event of the withdrawal of said bid
within the period above stated, or the failure to enter into such contract and give such
bond within the time above stated, that he will pay to the District the difference
between the amount specified in said bid and the amount for which the District may
procure the required work, if the latter amount be in excess of the former.
In case security is in the form of a certified check or United States bonds, the District
may make such disposition of the same as will accomplish the purpose for which
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checks and United States bonds will be returned to the unsuccessful bidders after
award of contract and to successful bidders after the signing of prescribed forms of
contract and bonds. Guaranty bonds will be returned only upon written application.
B. PERFORMANCE BOND For any construction contract exceeding $100,000.00, a
Performance Bond (Form No. DC 2640-7) shall be required in a penal amount equal
to one hundred percent (100%) of the contract price at time of award. Additional
performance bond protection shall be required in connection with any modification
effecting an increase in price under any contract for which a bond is required
pursuant to the above if:
1. The modification is for new or additional work which is beyond the scope of the
existing contract; or,
2. The modification is pursuant to an existing provision of the contract and is
expected to increase the contract price by $50,000 or twenty-five percent (25%)
of the original total contract price, whichever is less.
The penal amount of the bond protection shall be increased so that the total
performance bond protection is one hundred percent (100%) of the contract price
as revised by both the modification requiring such additional protection and the
aggregate of any previous modification. The increased penal amount may be
secured either by increasing the bond protection provided by existing surety or
sureties or by obtaining an additional performance bond from a new surety.
C. PAYMENT BOND In accordance with the provisions of Section 504(b) of the
District of Columbia Procurement Practices Act of 1985, payment bonds shall be
required in an amount not less than fifty percent (50%) of the total amount payable by
the terms of the contract.
Additional payment protection shall be required in connection with any notification
effecting an increase in price under any contract for which a bond is required
pursuant to the above if
1. The modification is for new or additional work which is beyond the scope of the
existing contract; or
2. The modification is pursuant to an existing provision of the contract and is
expected to increase the contract price by $50,000 or twenty-five percent (25%)
of the original total contract price, whichever is less.
The penal amount of the additional bond protection shall generally be such that the
total payment bond protection is fifty percent (50%) of the contract price as revised by
both the modification requiring such additional protection, and the aggregate of any
previous modifications. The additional protection may be secured either by increasing
the bond protection provided by the existing surety or sureties or by obtaining an
additional payment bond from a new surety.
D. BOND SOURCE The bonds may be obtained from any surety company authorized
by the U.S. Treasury Department as acceptable sureties on Federal Bonds and
authorized to transact business in the District of Columbia by the Director,
Department of Insurance, Securities and Banking.
ARTICLE 13. SIGNATURE TO BIDS Each bid must show the full business address of the
bidder and be signed by him with his usual signature. Bids by partnerships must be signed with
the partnership name by one of the members of the partnership or by an authorized
representative, followed by the signature and designation of the person signing. Bids by
corporations must be signed with the name of the corporation, followed by the signature and
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designation of the President or Vice President and attested by the Secretary of the corporation or
other persons authorized to bind the corporation and the corporate seal affixed thereto. If bid is
signed by other than the President or Vice President, evidence of authority to so sign must be
furnished in the form of an extract of minutes. of a meeting of the Board of Directors or extract of
bylaws certified by the Corporate Secretary and corporate seal affixed thereto. The names of all
persons signing shall be typed or printed below the signatures. A bid by a person who affixes to
without disclosing his principal, may be held personally to the bid. Bids submitted by a joint
venture must be signed by all authorized parties to the joint venture.
ARTICLE 14. MARKING AND MAILING BIDS Bids, addenda acknowledgment, and bid
guaranty must be securely sealed in suitable envelopes, addressed and marked on the outside
with the name of the bidder, invitation number and date of opening.
ARTICLE 15. RECEIVING BIDS, MODIFICATIONS OR WITHDRAWALS Bids received prior to
the time set for opening will be securely kept unopened. The officer whose duty it is to open them
will decide when the specified time has arrived and no bid received thereafter will be considered
unless: (1) they are sent by registered mail or by certified mail for which an official dated post
office stamp (postmark) on the original Receipt for Certified Mail has been obtained and it is
determined by the District that the late receipt was due solely to delay in the mails for which the
bidder was not responsible; or (2) if submitted by mail (or by telegram if authorized by the
Contracting Officer), it is determined by the District that the late receipt was due solely to
mishandling by the District after receipt at the District agency: Provided, that timely receipt. at
such agency is established upon examination of an appropriate date or time stamp or other
documentary evidence of receipt within the control of such agency.
Bidders using certified mail are cautioned to obtain a receipt for certified mail showing legible,
dated postmark and to retain such receipt against the chance that it will be required as evidence
that a late bid was timely mailed. The only evidence acceptable in this matter is as follows: (1)
where the Receipt of Certified Mail identifies the post office station of mailing, evidence furnished
by the bidder which establishes, that the business day of the station ended at an earlier time, in
which case the time of mailing shall be deemed to be last minute of the business day; or (2) an
entry in ink on the Receipt for Certified Mail showing the time of mailing and the initials of postal
employee receiving the item and making the entry, with appropriate written verification of such
entry from the post office station of mailing, in which case the time of mailing, shall be the time
shown in the entry. If the postmark on the original Receipt for Certified Mail does not show a date,
the bid shall not be considered.
The time of mailing of late bids submitted by registered or certified mail shall be deemed to be the
last minute of the date shown in the postmark on the registered mail receipt or registered mail
wrapper or on the Receipt for Certified Mail unless the bidder furnishes evidence from the post
office station of mailing which establishes an earlier time.
No responsibility will attach to the District or any of its officers or employees for the premature
opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic
bids will not be considered, but modifications, by telegram, of bids already submitted will be
considered if received prior to the hour set for opening, but should not reveal the amount of the
original or revised bid.
ARTICLE 16. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic
request received from bidders prior to the time fixed for opening, provided the name of the bidder
appears on the outside of the envelope containing the bid. Negligence on the part of the bidder in
preparing the bid confers no right for the withdrawal of the bid after it has been opened.
ARTICLE 17. OPENING OF BIDS At the time fixed for the opening of bids, their contents will be
made public by the Office of Contracting and Procurement for the information of bidders and
other properly interested persons.
ARTICLE 18. AWARD OR REJECTION The Contract will be awarded to the lowest responsible
Bidder complying with conditions of the bid documents, provided his bid is reasonable and it is in
the best interest of the District to accept it. The Bidder, to whom award is made, will be notified by
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the Contracting Officer at the earliest possible date. The District, however, reserves the right to
reject any and all bids and to waive any informality in bids received whenever such rejection or
waiver is in the best interest of the District.
If more than one bid be offered by any one party, by or in the name of his or their clerk, partner,
or other person, all such bids may be rejected. This shall not prevent a Bidder from proceeding
under Article 8 hereof, nor from quoting different prices on different qualities of material or
different conditions of delivery. A supplier or material man who has quoted prices on materials to
a Bidder is not thereby disqualified from quoting to other bidders or from submitting a bid directly
for the materials or work.
Each Bidder shall submit a bid on all items in the Price Schedule; failure to bid on all items may
result in bid rejection.
In addition to requirements for qualification of bidders as set forth in Article 1 hereof, and as
determined by the District, proposals will be considered irregular and may be rejected by the
Contracting Officer for any of, but not limited to, the following reasons:
A. Incompetency, inadequate plant or insufficient capital
statement on AGC or equivalent form.
B. Evidence of collusion.
C. Uncompleted work which might hinder or prevent proper and prompt execution and
completion of work contemplated.
D. Evidence that Bidder has not adequately considered all aspects of contemplated
work.
E. Failure to settle bills satisfactorily, claims and judgments due for labor and material
on cts in force on bid opening date.
F. Default under previous contracts.
G. Unacceptable rating as listed on published government lists.
H. Proposal submission on form other than that form furnished by District, or altered or
partially detached form.
I. Unauthorized additions, deletions, omissions, conditional bids, or irregularities which
may make proposal incomplete or ambiguous in meaning.
J. Failure to acknowledge all addenda issued.
K. Failure to submit bid in the properly labeled receptacle at that location designated as
the Office of Contracting and Procurement, Bid Room, Suite 700, 441 4th St., N.W.,
Washington, D.C. 20001 and prior to the time set for opening as governed by the
Official Clock designated as such in that Bid Room.
ARTICLE 19. CANCELLATION OF AWARDS The right is reserved to the District, without any
liability upon the District, to cancel the award of any contract at any time prior to approval of a
formal written contract signed by the Contractor and the Contracting Officer.
ARTICLE 20. CONTRACT AND BOND The Bidder to whom award is made must, when
required, enter into a written contract on the standard District form, with satisfactory security in
the amount required (see Article 12) within the period specified, or no period be specified, within
10 days alter the prescribed forms are presented to him for signature.
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