Proposed Contract to Contract No. CW131041 with Actaeon LLC

MURIELBOWSERMAYOR
May27,2026
HonorablePhilMendelson
ChairmanCounciloftheDistrictofColumbia
JohnA.WilsonBuilding1350PennsylvaniaAvenue,NW,Suite504Washington,DC 20004
DearChairmanMendelson:
Pursuanttosection451oftheDistrictofColumbiaHome RuleAct(D.C.OfficialCode§ 1-204.51)andsection202oftheProcurementPracticesReformAct of2010(D.C.OfficialCode§2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisproposeddefinitiveContractNo.CW131041withActaeon,LLC intheamountof$1,905,623.50.TheperiodofperformanceisfromJanuary27,2026,throughJanuary26,2027.
Undertheproposedcontract,Actacon,LLC willprovideconstructionservicesforstreamrestorationofasmallperennialstreamchannelknownasStickfootBranchinWard8,Restorationwillbeaccomplishedthroughacombinationofoutfallchannelrepairs,streamchannelrestorationwithfloodplainreconnection,andstormdraininfrastructuremodifications.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontract.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaffcontactMareScott,ChiefOperatingOfficer,OfficeofContractingandProcurement,at(202)724-8759,
|lookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Letter Contract or Emergency Contract)

(A) Contract Number: CW131041

Proposed Contractor: Actaeon, LLC

Proposed Contractor’s Principals: Donna An, Principal

Contract Amount: $1,905,623.50
Not-to-exceed (NTE) $975,000 (letter contract)

Unit and Method of Compensation: Per completed task or deliverable and firm fixed price

Term of Contract: January 27, 2026, through January 26, 2027
January 27, 2026, through May 26, 2026 (letter contract)

Type of Contract: Firm fixed price

Source Selection Method: Request for Proposals (RFP)

(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:

Base Period Amount: $1,905,623.50

Option Period One Amount: $95,430
Explanation of difference from base period (if applicable): The base period covers all
construction activities required to complete the stream-restoration project at Stickfoot Branch.
During the first post-construction year, the stream and plantings are still establishing, so
maintenance needs are highest. This period requires frequent inspections, vegetation work,
invasive-species control, debris removal, and early corrective actions.

Option Period Two Amount: $43,476
2

Explanation of difference from base period (if applicable): In the second option period, the site
is stabilizing and vegetation is more established, resulting in reduced maintenance needs. With
fewer corrective actions and less frequent invasive-species removal required, the contractor’s role
shifts to periodic monitoring and targeted maintenance, and the overall level of effort decreases
significantly from option period one.

Option Period Three Amount: $40,005
Explanation of difference from base period (if applicable): In the third option period, the stream
system and plant communities are largely stable. Maintenance activities are limited to occasional
inspections, minor vegetation management, and addressing isolated issues. The overall workload is
significantly lower than in the earlier option periods.

Option Period Four Amount: $24,757
Explanation of difference from base period (if applicable): In the fourth option period, the site is
expected to be fully stabilized and function as designed. Maintenance is minimal and focused
primarily on annual inspections and addressing any isolated deficiencies. The level of effort is the
lowest of all option periods.

(C) The date on which the letter contract or emergency contract was executed:

The letter contract was executed on January 27, 2026.

(D) The number of times the letter contract or emergency contract has been extended:

The contract has been extended one time. Modification no. M001 was executed on May 19, 2026,
extending the letter contract through July 26, 2026.

(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:

$975,000

(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

The proposed contractor holds no other contracts.

(G) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:

Actaeon, LLC will provide construction and post construction services for stream restoration for a
project located at Stickfoot Branch, a stream in Southeast Washington, District of Columbia
(District).

(H) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
3

The request for proposal was issued to the open market with a closing date of January 17, 2025.
Three vendors submitted proposals, which were evaluated for Expertise and Experience, Proposed
Project Team, Past Performance, and Project Management Plan and Construction Schedule.
Actaeon submitted the highest-rated proposal. After a round of negotiation, the District determined
that Actaeon’s revised price was reasonable. Award to Actaeon is in the best interest of the District.

(I) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:

There is no protest.

(J) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

Founded in 2017, Actaeon specializes in stream and shoreline restoration, stormwater facility
maintenance, landscaping, and marine construction, and has successfully performed similar work
for the District and other clients. Actaeon maintains dedicated teams for stormwater corrugated
metal pipe functional and vegetative maintenance to ensure long-term site performance. Actaeon
has a positive financial rating based on its Dun & Bradstreet report.

(K) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:

Pursuant to D.C. Code § 2‑218.51, Waiver of Subcontracting Requirements, Waiver Exemption
WE‑0197 was approved on October 21, 2025, exempting Actaeon LLC from the 35%
subcontracting requirement because the project is fully funded with federal dollars.

(L) Performance standards and the expected outcome of the proposed contract:

Performance standards for this contract shall comply with the District of Columbia Department of
Transportation’s Standard Specifications for Highways and Structures (2019 or later); the 2017 DC
Erosion and Sediment Control Manual and associated details; the District’s 2020 Amendments to
the Stormwater Management Regulations; and the DC Stormwater Management Guidebook (2020
or later).The goal of this contract is to prevent further deterioration of Stickfoot Branch by
addressing active channel erosion and protecting nearby properties, infrastructure, and tree canopy.
The restoration will also improve habitat for local instream and riparian species. As part of the
work, existing stormwater sewer lines and related infrastructure that discharge into the stream will
be modified to reduce erosion and scour by introducing lower-velocity flows into the channel.
4

(M) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:

The District has expended $975,000 via a letter contract issued on January 27, 2026, prior to
submission to the Council for approval.

(N) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified that funding is consistent with the applicable
financial plan and budget.

(O) A certification that the proposed contractor has been determined not to violate section 334a
of the Board of Ethics and Government Accountability Establishment and Comprehensive
Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and (2) A
certification from the proposed contractor that it currently is not and will not be in violation
of section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a:

The contractor has certified in its bidder/offeror certification that it has not been determined to have
violated section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a; and that
it currently is not and will not be in violation of section 334a of the Board of Ethics and
Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of
2011, D.C. Official Code § 1-1163.34a.

(P) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:

The Office of the Attorney General has certified that the proposed contract is legally sufficient. The
contractor has no pending legal claims against the District.

(Q) A certification that the Citywide Clean Hands database indicates that the proposed contractor
is current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):

The Citywide Clean Hands database indicates that the contractor is current with its District taxes.

(R) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:

5

The contractor has certified in the bidder/offeror certification form, that it is current with its federal
taxes.

(S) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:

The proposed contractor is not a District-certified business enterprise.

(T) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:

None.

(U) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:

The proposed contractor is not currently debarred from providing services or goods to the District
or federal government.

(V) Any determination and findings issued relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):

Determination and Findings for Competitive Sealed Proposal
Determination and Findings for Price Reasonableness
Determination and Findings for Contractor Responsibility

(W) Where the contract, and any amendments or modifications, if executed, will be made
available online:

See ocp.dc.gov.

(X) Where the original solicitation, and any amendments or modifications, will be made available
online:

See ocp.dc.gov.

*
*
* GovernmentoftheDistrictofColumbia

im OfficeoftheChiefFinancialOfficer 11014*Street,SWGm OfficeofTaxandRevenue Washington,DC20024
DateofNotice:May19,2026 NoticeNumber:10016577143 1—}
ACTAEON,LLC FEIN:**.#423524600POWDERMILLRD CaseID:18976845BELTSVILLEMD 20705-2675
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDC Code§47-2862,therefore
thisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER28GENERALLICENSESUBCHAPTERII.CLEANHANDSBEFORERECEIVINGA LICENSEOR PERMIT
D.C.CODE§47-2862(2006)§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe
“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection.

11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S045/MyTax.DC.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Energy and Environment
1200 First Street NE, 5th Floor, Washington, DC 20002 | (202) 535-2600 | doee.dc.gov

400 6th Street NW, Suite 10100, Washington, DC 20001 (202) 727-3400

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General

ATTORNEY GENERAL
BRIAN L. SCHWALB

Commercial Division

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Robert Schildkraut
Section Chief
Government Contracts Section

DATE: May 13, 2026

SUBJECT: Approval of Contract Action for Stickfoot Branch Stream Restoration
Contract Number: CW131041
Contractor: Actaeon, LLC
Proposed Contract Amount: $1,905,623.50

This is to Certify that this Office has reviewed the above- referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.

______________________________
Robert Schildkraut

Page 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement

January 21, 2026
Donna An, Principal
Actaeon LLC
4600 Powder Mill Road, Suite 450-c
Beltsville, Maryland 20705

Subject: Letter Contract
CW131041 - FY25 Stickfoot Branch Stream Restoration

Dear Ms. An:

This is a letter contract between the Government of the District of Columbia (“District”) and
Actaeon LLC. wherein Contractor agrees to perform the above -captioned services in accordance
with those documents incorporated herein.

The District intends to definitize this letter contract within one hundred twenty (120) days of the
date this letter contract is signed by the Contracting Officer. If the District and the Contractor
agree in writing to the terms of a definitive contract within 120 days, this letter contract shall
merge with the definitive contract upon such agreement. If the District does not definitize this letter
contract within 120 days of the date of award of this letter contract or any extensions thereof, this
letter contract shall expire. The award of this letter contract and the definitive contract shall
be contingent on the availability of appropriate funds.
The District will pay the Contractor for the services performed under this letter contract in an
amount not-to-exceed (“NTE”) $975,000. In no event shall the amount paid under this letter
contract, or any extensions thereof, exceed $975,000. If the District and the Contractor agree
in writing to a definitive contract, the District will pay the Contractor for the services performed
during the duration of the definitive contract for an amount not to exceed $1,905,623.50 for
the base period of the proposed definitive contract. The proposed definitive contract will
require the prior approval of the Council of the District of Columbia (“Council”).
The Contractor shall perform under this letter contract pursuant to the terms and conditions
outlined in the below attachment. The following attachments are incorporated in full text and made
part of this letter contract:

Attachment 1: Deliverables Table for Letter Contract
Attachment 2: Price Table

Page 2

Letter Contract
FY25 Stickfoot Branch Stream Restoration
Contract No.: CW131041
Page 2 of 2

Signatures:

Donna An, Principal Date

Tracy Crump Date
Contracting Officer
Jan. 27, 2026
January 27,2026
AMENDMENT OF SOLICITATION / MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
CW131041 1 1
2. Amendment/Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Solicitation Caption
M001 FY25 Stickfoot Branch
Stream Restoration
6. Issued by: Code 7. Administered by (If other than line 6)
Office of the Contracting and Procurement
Government of the District of Columbia
441 4th
Street, N.W., Suite 330 South
Washington, D.C. 20001
Department of Energy & Environment
1200 First Street, N.E.,
5th Floor Washington, DC 20002
8. Name and Address of Contractor (No. street, city, county, state and zip code) 9A. Amendment of Solicitation No.
Actaeon LLC
4600 Powder Mill Road, Suite 450-c
B
eltsville, Maryland 20705
9B. Dated (See Item 11)
X 10A. Modification of Contractor/Order No.
10B. Dated (See Item 13)
Code Facility
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning _____2_____ copies of the amendment: (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) BY separate letter or fax which includes a reference to the solicitation and amendment number. FAILURE OF YOUR ACKNOWLEDGMENT
TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of th is a mendment you desire to change an offer already submitted, such may be made by letter or fax, provided each
letter or telegram makes reference to the solicitation and this amendment, and is received pr ior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required):
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTORS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to (Specify Authority):
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation data
etc.) set forth in item 14, pursuant to the authority of 27 DCMR, Chapter 36, Section 3601.2.
C. This supplemental agreement is entered into pursuant to authority of:
X D. Other (Specify type of modification and authority)
27 DCMR 2008 Exercise of an Option
E. IMPORTANT: Contractor is not is required to sign this document and return ____ copies to the issuing office.
14. Description of Amendment/Modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
The purpose of this modification is to:
1.! Extend the letter contract to July 26, 2026, at no additional cost.
Except as provided herein, all terms and conditions of the docu ment referenced in item (9A or 10A) remain unchanged and in full force and effect.
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Tracy Crump
Contracting Officer
15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed
(Signature)
(Signature of Contracting Officer)
May 26, 2026
May 19, 2026
1 | Page

AWARD/CONTRACT
1. Reserved for later use Page of Pages
1 47
2. Contract Number 3. Effective Date 4. Requisition/Purchase Request/Project No.
CW131041 See Section 20C
5. Issued By: Code 6. Administered by (If other than line 5)
Office of the Contracting and Procurement
Government of the District of Columbia
441 4th Street, N.W., Suite 330 South
Washington, D.C. 20001
Department of Energy & Environment
Watershed Protection Division
1200 First Street, N.E., 5th Floor
Washington, DC 20002
7. Name and Address of Contractor (No. street, city, county, state and Zip
Code)
Actaeon LLC
4600 Powder Mill Road, Suite 450-c
Beltsville, Maryland 20705

8. Delivery
FOB Origin Other
9. Discount for prompt payment:
10. Submit invoices to the Address shown in Section 7
(2 copies unless otherwise specified)
Duns No. TIN
11. Ship to/Mark For Code 12. Payment will be made by Code
Department of Energy & Environment
Environmental Protection Division
1200 First Street NE, 5th Floor
Washington, D.C. 20002
Office of Chief Financial Officer
Government Services Cluster – Accounts Payable
2000 14th Street, N.W., 6th Floor
Washington, DC 20009
13. Remit Address:
Same as 7
14. Accounting and Appropriation Data
ENCUMBRANCE CODE:
15A. Item 15B. Supplies/Services 15C.
Qty.
15D. Unit 15E. Unit Price 15F. Amount
0001-0038 See Section B.3 Price Schedule Lot

$1,905,623.50
Total Amount of Contract $1,905,623.50
16. Table of Contents
(X) Section Description Page (X Section Description Page
PART I – THE SCHEDULE PART II – CONTRACT CLAUSES
X A Award/Contract Form 1 X I Contract Clauses 32
X B Price Schedule 2 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS
X C Services-Specifications/Work Statement 6 X J List of Attachments 47
X D Packing and Marking 20
X E Inspection and Acceptance 20 X K Representations, Certifications and Other
Statements of Offerors

X F Contract Term 20
X G Contract Administration data 23 X L Instructions, conditions & notices to Offerors
X H Special Contract Requirements 28 X M Evaluation factors for award
Contracting Officer will complete Item 17 or 18 as applicable
17. CONTRACTOR’S NEGOTIATED AGREEMENT
(Contractor is required to sign this document and return (1) copies to issuing
office.) Contractor agrees to furnish and deliver all items, perform all the
services set forth or otherwise identified above and on any continuation
sheets, for the consideration stated herein. The rights and obligations of the
parties to this Agreement shall be subject to and governed by the following
documents: (a) this award/contract, (b) the solicitation, as amended, and (c)
such provisions, representations, certifications, and specifications, as are
attached or incorporated by reference herein. (Attachments are listed herein.)
18. AWARD (Contractor is not required to sign this document.)
Your offer on Solicitation Number including the additions or changes
made by which additions or changes are set forth in full above, is
hereby accepted as to the items listed in B.3 and on any continuation
sheets. This award consummates the contract which consists of the
following documents: (a) this award/contract, and (b) your offer. No
further contractual document is necessary.
19A. Name and Title of Signer (Type or print) 20A. Name of Contracting Officer

Tracy Crump
19B.

(Signature of person authorized to sign)
19C. Date
Signed
20B. District of Columbia

(Signature of Contracting Officer)
20C. Date Signed
2/27/2026
Donna An

CW131041: FY25 Stickfoot Branch Restoration

2 | Page

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

B.1 The District of Columbia Office of Contracting and Procurement (OCP) on behalf of the District’s
Department of Energy and the Environment (DOEE) requires a contractor to provide construction
services for stream restoration for a project located at Stickfoot Branch, a stream in Southeast
Washington, District of Columbia (District).

B.2 The District is awarding a firm-fixed-price contract.

B.3 PRICE SCHEDULE/COST SCHEDULE

B.3.1 Base Year: (Date of Award through One Year)

Contract Line Item
No. (CLIN) Item Description Total Price
0001 Maintenance of Traffic. See 4.0 Special Provisions -
Section 1 Maintenance of Traffic in Attachment J.10 $16,807.25
0002 Mobilization & Demobilization. See 4.0 Special
Provisions - Section 2 in Attachment J.10 $142,718.05
0003 Construction Stakeout. See 4.0 Special Provisions -
Section 3 of Attachment J.10 $21,275.00
0004 Erosion and Sediment Control. See 4.0 Special
Provisions - Section 4 of Attachment J.10 $35,333.80
0005 Stabilized Construction Entrance. See 4.0 Special
Provisions - Section 5 of Attachment J.10 $2,834.00
0006 Temporary Stream Diversion. See 4.0 Special
Provisions - Section 6 of Attachment J.10 $73,438.40
0007 Clearing and Grubbing. See 4.0 Special Provisions
- Section 7 of Attachment J.10 $13,000.00
0008 Tree Felling. See 4.0 Special Provisions - Section 9
of Attachment J.10 $8,616.80
0009 Shredded Harwood Bark Mulch. See 4.0 Special
Provisions - Section 10 of Attachment J.10 $26,339.60
0010 Invasive Species Control. See 4.0 Special Provisions
- Section 10 of Attachment J.10 $12,857.00
0011
Temporary Construction Access Road/Temporary
Access Bridge. See 4.0 Special Provisions - Section
11 of Attachment J.10
$38,643.60
0012 Orange Construction Fence. See 4.0 Special
Provisions - Section 12 of Attachment J.10 $ 4,332.00
0013 Tree Protection Measures. See 4.0 Special
Provisions - Section 13 of Attachment J.10 $15,307.50
CW131041: FY25 Stickfoot Branch Restoration

3 | Page

Contract Line Item
No. (CLIN) Item Description Total Price
0014
Concrete Curb and Cutter (Variable Dimensions).
See 4.0 Special Provisions - Section 14 of Attachment
J.10
$9,900.00
0015
Relocation and Protection of Existing Utilities. See
4.0 Special Provisions - Section 15 of Attachment
J.10
$17,000.50
0016 Double Catch Basin and Connection Pipe. See 4.0
Special Provisions - Section 16 of Attachment J.10 $23,095.60
0017
Remove & Dispose of Existing Culverts,
Manholes, Inlets, and End Sections. See 4.0 Special
Provisions - Section 17 of Attachment J.10
$29,770.00
0018 Manholes. See 4.0 Special Provisions - Section 18 of
Attachment J.10 $56,179.20
0019 RCP Storm Sewer Pipe. See 4.0 Special Provisions -
Section 19 of Attachment J.10 $145,334.20
0020 Endwalls. See 4.0 Special Provisions - Section 20 of
Attachment J.10 $30,960.60
0021 Sanitary Sewer Line Encasement. See 4.0 Special
Provisions - Section 21 of Attachment J.10 $74,002.50
0022 Geotextile. See 4.0 Special Provisions - Section 22 of
Attachment J.10 $10,656.00
0023
Channel and Floodplain Grading and Excavation.
See 5.0 Special Provisions - Section 23 of Attachment
J.10
$143,961.50
0024 Boulder Sills (BS). See 5.0 Special Provisions -
Section 24 of Attachment J.10 $18,731.90
0025 Cascade with Buried Boulder Sills (CAS). See 5.0
Special Provisions - Section 25 of Attachment J.10 $518,879.00
0026
Roughened Channel with Boulder Clusters (RC).
See 5.0 Special Provisions - Section 26 of
Attachment J.10
$105,987.00
0027 Woody Debris for Instream Structures. See 5.0
Special Provisions - Section 27 of Attachment J.10 $13,770.10
0028 Riprap Plunge Pool (RPP). See 5.0 Special
Provisions - Section 28 of Attachment J.10 $36,500.75
0029 Channel Bed Sand and Gravel. See 5.0 Special
Provisions - Section 29 of Attachment J.10 $8,148.00
0030 Topsoil, 6-Inch Depth. See 5.0 Special Provisions -
Section 30 of Attachment J.10 $58,895.30
CW131041: FY25 Stickfoot Branch Restoration

4 | Page

Contract Line Item
No. (CLIN) Item Description Total Price
0031 Permanent Seeding. See 5.0 Special Provisions -
Section 31 of Attachment J.10 $19,580.85
0032 Coir Fiber Matting. See 5.0 Special Provisions -
Section 32 of Attachment J.10 $18,122.30
0033
Trees, Shrubs, and Herbaceous Plantings and
Establishment. See 5.0 Special Provisions - Section
33 of Attachment J.10
$97,731.00
0034
Construction Management (Field Notes,
Documentation, Progress Reports, & Progress
Meetings) (C.5.16.2)
$26,617.50
0035 Project Sign Board. See Attachment J.13 $2,746.70
0036 As-Built Plans. See Section C.13.3 $11,814.00
0037 Post Construction Maintenance. See Section C.14 $9,366.00
0038 Final Submittals See Section C.15 $6,370.00
B.3.1 Base Year Contract Total $1,905,623.50

B.3.2 Option Year 1: Post-Construction Maintenance

Contract Line-
Item No. (CLIN) Item Description Total
Price
1001 Post-Construction Maintenance (See C.14) $95,430.00
B.3.2 Option Year One Contract Total $95,430.00

B.3.3 Option Year 2: Post-Construction Maintenance

Contract Line-
Item No. (CLIN) Item Description Total
Price
2001 Post-Construction Maintenance (See C.14) $43,476.00
B.3.3 Option Year Two Contract Total $43,476.00

CW131041: FY25 Stickfoot Branch Restoration
5 | Page
B
.3.4 Option Year 3: Post-Construction Maintenance
Contract Line-
Item No. (CLIN) Item Description Total
Price
3001 Post-Construction Maintenance (See C.14) $40,005.00
B.3.4 Option Year Three Contract Total $40,005.00
B
.3.5 Option Year 4: Post-Construction Maintenance
Contract
Line-Item
No.
(CLIN)
Item Description Total Price
4001 Post-Construction Maintenance (See C.14) $24,757.00
B.3.5 Option Year Four Contract Total $24,757.00
B
.4
B
.5
The Offeror submitted its DBE outreach documentation with the proposal using the required DBE
Outreach Spreadsheet. This project is funded with federal funds and must comply with all applicable
DBE requirements. The Department of Small and Local Business Development (DSLBD) for the
District of Columbia approved Waiver Exemption WE-00000197 on October 21, 2025, exempting
this contract, base period inclusive of all option periods. from the DSLBD 35% Certified Business
Enterprise (CBE) subcontracting requirement. See the Federal Insert (J.16).
FEDERAL PARTICIPATION (FEDERAL-AID PROJECTS)
Because the U.S. Government is participating in the cost of the Work covered by this Contract, the
Work shall be performed under the supervision of the District and shall be subject to inspection and
approval by the appropriate officials of the U.S. Government, in accordance with all applicable
federal statutes, rules, and regulations. Such inspection shall not, under any circumstances, make the
U.S. Government a party to this Contract, nor shall it subject the Contractor to federal labor
requirements applicable to government contracts except for those labor provisions expressly required
by law and incorporated into the Contract Documents.
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SECTION C: SPECIFICATIONS/WORK STATEMENT
C.1 SCOPE
OCP on behalf of DOEE requires a contractor to provide construction services for stream
restoration for a project located at Stickfoot Branch, a 950ft tributary of the Anacostia River, in
Southeast Washington, District of Columbia (District). In addition to stream restoration
construction, project work will include but not limited to replacement of a storm water catch basin,
removal of a stormwater pipe, stormwater outfall stabilization, invasive plant management, and
revegetation of the site with native plants.

C.2 APPLICABLE DOCUMENTS
The following documents are applicable to this procurement and are hereby incorporated by this
reference:

Item
No.
Document Type Title/Source
Most
Recent
Publication
1
DOEE Erosion and
Sediment Control
Manual 2017
Erosion and Sediment Control Manual 2017:
https://doee.dc.gov/sites/default/files/dc/site
s/ddoe/publication/attachments/2017%20D
C%20ESC%20Manual_FINAL.pdf

2017
2
DOEE
Stormwater
Guidebook 2020
DOEE Stormwater Guidebook 2020:
https://doee.dc.gov/swguidebook

2020
3

DDOT Design &
Engineering Manual
DDOT Design & Engineering Manual
https://ddot.dc.gov/sites/default/files/dc/site
s/ddot/page_content/attachments/DEM-2019-
01-
01_DDOT_DEM_Updates_FINAL.PDF
2019

2019
4
DDOT Tree
Protection
Guidelines
https://trees.dc.gov/pages/tree-protection-info
2016
5
National Park
Service (NPS)
Director’s Order 12
(DO12):
Conservation
Planning,
Environmental
Impact Analysis, and
Decision-Making
http://www.nps.gov/policy/DOrders/DO_12
.pdf

2011
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Item
No.
Document
Type Title/Source
Most
Recent
Publication
6
National Park
Service
National
Environmental
Policy Act
Handbook
https://www.nps.gov/subjects/nepa/upload/
NPS_NEPAHandbook_Final_508.pdf

2015
7
Section 106 of
the National
Historic
Preservation
Act of 1966, as
amended
https://www.nps.gov/subjects/historicpreser
vation/national-historic-preservation-
act.htm

1992
8
National Park
Service (NPS)
Director’s
Order-28 (DO-
28)
https://www.nps.gov/policy/DOrders/DOrde
r28.html

1998
9
SHPO’s
Guidelines for
Archaeological
Investigations
in the District
of Columbia,
hereafter DC
Guidelines
https://planning.dc.gov/publication/dc-
archaeology-guidelines

1998
10
DC WATER
Design &
Construction
Standards
https://dcwater.com/design-and-
construction-standards

2020
11
Standard
Documentation
Requirements
When
Applying for
Plumbing
Permits
PSRD Water Permit Requirements_0.pdf

2019
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C.3 DEFINITIONS
These terms when used in this RFP have the following meanings:

1. Agent for the Owner - Department of Energy and Environment (DOEE) is acting on behalf
of the National Park Service to lead the execution of the stream restoration project.
2. CA - Contract Administrator (DOEE) is the main point of contact for day- to-day contract
implementation issues.
3. The CFO - Chief Financial Officer - is the District lead financial officer and through the
CFO’s office invoices are processed and payments are issued.
4. CO - Contracting Officer (OCP) is the only person who can award the contract and make
changes to the contract in writing.
5. DBE - Disadvantaged Business Enterprise
6. DCMR - District of Columbia Municipal Regulations, Chapter 27 of the DCMR contains
D.C. procurement regulations.
7. DOB - Department of Buildings (formerly part of the Department of Consumer & Regulatory
Affairs, DCRA) which issues the construction permits for this project.
8. DDOT - District Department of Transportation which controls District owned roadways
abutting the site.
9. DGS - District Department of General Services which owns a portion of the southeast project
area.
10. DOEE - District Department of Energy and Environment is the lead agency for execution of
the stream restoration project and the agency which issues and enforces permits for project
work.
11. DOEE Project inspector – DOEE assigned personnel to ensure compliance with Erosion
and Sediment and Stormwater Management permits.
12. DOEE Project Manager – DOEE assigned personnel to oversee administrative functions
of the project.
13. DOEE Construction Manager – DOEE assigned personnel to oversee the construction of
the project.
14. DOEE Contract Administrator – DOEE assigned personnel to oversee execution of the
contract.
15. DSC - Denver Service Center for the National Park Service which manages all planning,
design, and construction management services for NPS.
16. DSLBD - Department of Small and Local Business Development
17. EA - Environmental Assessment
18. EPA – Environmental Protection Agency which is the federal agency supplying funding for
the project and with oversight over some project permitting requirements.
19. FONSI – Finding of No Significant Impact
20. GCP – General Construction Permit
21. LOD - Limits of Disturbance is the area where permitted land disturbing activities will take
place.
22. LOW- Limits of Work are areas outside of the LOD where invasive plant control activities
will take place.
23. NCR - Region I-National Capital Region is the administrative lead for Park Service in and
around the District of Columbia
24. NOI – Notice of Intent is an EPA form to be filled out notifying the EPA of a construction
project and requesting coverage for it.
25. NPS - National Park Service, the federal agency entrusted with the care of National Parks
(sometimes also herein “Parks”)
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26. NACE - National Park Service, National Capital Parks-East, the administrative unit of the
National Parks Service that has day-to-day oversight of the area around Stickfoot Branch
27. NEPA - National Environmental Policy Act is a law that promotes the enhancement of the
environment and established the President’s Council on Environmental Quality
28. OCP - Office of Contracting and Procurement which oversees and administers all contract
documents related to this project.
29. Owner - National Park Service (NPS)
30. PDE - Project Design Engineer (Stantec)
31. PDM - Project Design Manual (DCWATER’s Design & Engineering Manual)
32. PEPC - Planning, Environment, and Public Comment Database is the online portal for
project’s going through National Environmental Policy Act compliance with the National
Park Service.
33. Project Area - The project area is the Stickfoot Branch Stream Restoration Site.
34. Project Site Location – To the west of the intersection of 22nd Street & Hartford St. SE DC
with Suitland Parkway as the southern and western border of the site.
35. SHPO - State Historic Preservation Office for the District of Columbia
36. SOW - Statement of Work which includes all requirements for this project’s execution.
37. SWPP – Stormwater Pollution Prevention Plan is a document that the Contractor must
provide that lays out potential points of pollution during construction and how they will
address and prevent those issues.
38. Project Area - The project area is defined in Attachment J.9, the Stickfoot Branch 100%
Design Plans
39. USACE - U.S. Army Corps of Engineers – Baltimore District which issues the federal permit
to work in streams, rivers, and wetlands.

C.4 BACKGROUND

C.4.1 The Department of Energy and Environment (DOEE) is the leading authority on energy and
environmental issues affecting the District of Columbia. Using a combination of regulations,
outreach, education, and incentives, DOEE administers programs and services to fulfill our
mission. DOEE works collaboratively with other government agencies, residents, businesses, and
institutions to promote environmentally responsible behavior that will lead to a more sustainable
urban environment.

C.4.2 DOEE will coordinate and oversee this Project through a partnership with NPS and DC Water
(“Project Partners”).

C.5 QUALITY CONTROL

C.5.1 The Contractor shall execute quality control efforts, which includes ensuring the technical
accuracy and completeness of the compliance documents prior to submission to DOEE, SHPO,
and NPS. The Contractor's quality control efforts shall ensure that all draft and final deliverables
have been reviewed for consistency, professional and copy quality, technical adequacy, and
readability. Quality control reviews shall ensure appropriate analyses with enough support and
rationale for DOEE, SHPO, and NPS to assess effects.

C.5.2 All investigations shall be conducted according to NPS standards, as outlined in Director’s Order
28 (DO-28), Sections 6A and 6B; the Secretary of the Interior’s Standards and the Guidelines for
Archeological and Historical Preservation (US DOI 1983); and Section 106 of the NHPA. The
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project is in the District of Columbia therefore all NHPA communication and necessary
documentation must also comply with the DC Guidelines.

C.5.3 All work shall comply with the Stickfoot Branch Environmental Assessment (EA) and Finding of
No Significant Impact (FONSI).

C.6 PROJECT DESCRIPTION

C.6.1 This project is primarily located in a portion of Fort Circle Park, situated north of Suitland
Parkway, West of 22nd Street SE/Langston Place SE, south of Raynolds Place SE and Fort Place
SE, and east of 18th Place SE/18th Street SE within Ward 8 and the southeast quadrant of the District
of Columbia. The approximate 91.8-acre Project Site drainage area is within the Anacostia River
watershed, and the steam is piped beneath neighborhoods in Southeast DC to the Anacostia River
directly beginning at the downstream end of the project limits.

C.6.2 This project consists of the stream restoration of a small perennial stream channel known as
Stickfoot Branch. This will be accomplished through a combination of outfall channel repairs,
stream channel restoration with floodplain reconnection, and storm drain infrastructure
modifications.

C.6.3 Stickfoot Branch will undergo restoration to create a natural, self-sustaining stream and to improve
habitat and water quality, as well as stabilize eroding banks, remove invasive species, and re -
establish a native plant community. All work to be performed under this Contract will be in the
stream channel and in the adjacent riparian and upland areas, with the Project limits minimized to
the greatest extent practicable to preserve natural resources within the National Park Service and
District property.

C.6.4 The stream restoration project is a proactive measure to improve in-stream and downstream water
quality. The restoration will prevent further deterioration of Stickfoot Branch and correct channel
erosion issues in order to preserve property, infrastructure, and trees, while providing increased
habitat for localized instream and riparian species.

C.6.5 The restoration will also include modifying existing stormwater sewer lines and infrastructure
draining into the stream channel so that erosion and scour is minimized to introduce low velocity
flow into the channel. This approach includes the removal of a standard catch basin and
replacement with a double catch basin, removal of a portion of several stormwater culverts and
outfall pipes, abandonment of some stormwater drainage infrastructure, and construction of new
stormwater culverts, drop manholes, outfall pipes, and endwalls that drain to Stickfoot Branch and
a tributary referred to as Tributary B.

C.6.6 The proposed double catch basin described above will collect flows up to the 25-year storm event
discharge along 22nd Street SE. Flows greater than the 25-year storm discharge will flow over the
curb into an Upstream Swale. This channel is designed as a wide, shallow swale to minimize the
depth of flow within the channel. Stabilization in the upper portion of the swale will consist of a
layer of rock topped with herbaceous vegetation and coir fiber matting. The lower portion of the
swale will consist of a cascade with buried boulder sill’s structure to provide stabilization. The
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cascade will tie into a riprap plunge pool at the start of the stream restoration reach. The size of
the cascade structure is designed to withstand flows up to the 100-year storm event discharge.

C.6.7 The Contract covers all aspects of restoring Stickfoot Branch and its tributaries and outfall
channels. More specifically, this Contract includes, but is not limited to: mobilization,
maintenance of traffic, site preparation, construction stakeout, erosion and sediment control, tree
protection, tree removal, invasive species management, excavation and grading, stream channel
realignment, construction of instream grade control and habitat structures, backfill and formation
of floodplain benches and embankments, bank/slope stabilization, underground stormwater
management utility relocation including demolition/abandonment of existing utilities and
installation of new facilities, sanitary sewer line encasement and protection, new storm drain pipe
construction, outfall structure and concrete structure construction, creation of plunge pools, native
vegetation planting and seeding, bioengineering practices, salvaging/storage/replanting of select
herbaceous plants existing on site, and all other aspects, as outlined in the Construction
Specifications and Drawings.

C.6.8 The District Department of Energy & Environment (DOEE) is the lead agency for the project.
DOEE serves as the Agent for the Owner(s) of the properties where the project will be
implemented and as the Construction Manager for the project. The Contractor’s work shall be
performed under the direction of the DOEE/Construction Manager. The term “Engineer” in any
referenced standard specifications shall be replaced with the term “Construction Manager”. The
DOEE reserves the right to appoint a designer, such as a designated design specialist or engineer,
to serve as the Construction Manager for the project, as described in the Contract Special
Instructions. The DOEE will be assisted on administrative issues related to this Contract by the
District Office of Contracting and Procurement (OCP).

C.6.9 The work performed under this Contract will be completed on property owned by the U.S. National
Park Service (NPS) and managed by National Capital Parks-East (NACE), property owned by the
Department of General Services (DGS), right -of-way owned by the District Department of
Transportation (DDOT), and utility easements owned by the District’s Water and Sewer Authority
(DC Water). There is no work proposed on private property associated with this Contract.

C.6.10 The work shall be performed and completed in strict accordance with the time frame specified in
the terms and conditions of the Contract Documents. Any deviation shall be subject to approval
by DOEE and/or OCP.

C.6.11 All Construction pay items, requirements and specifications under this Contract shall conform to
the District of Columbia Department of Transportation’s Standard Specifications for Highways
and Structures (2019 or later), unless otherwise specified in the Contract Special Provisions.
C.6.12 All Erosion and Sediment Control (ESC) devices and/or measures used as part of this Contract
must conform to the 2017 District of Columbia’s Erosion and Sediment Control Manual and
associated Details, unless otherwise specified in the Contract Special Provisions.

C.6.13 All Stormwater Management Rules shall be followed in accordance with the District of
Columbia’s 2020 Amendments to the District’s Stormwater Management Regulations and the
District’s Stormwater Management Guidebook (2020 or later).
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C.7 GENERAL REQUIREMENTS

C.7.1 The Contractor shall provide a project team of Key Personnel that shall include but not be limited to: A
Construction Project Supervisor (Construction Project Superintendent) who will be responsible
for overall Project construction, installation, contract administration; ensuring that adequate
personnel and resources are assigned to the Project; delivery of the Project; and post-construction
service. This person will serve as the Contractor’s main point of contact with DOEE and OCP; A
Construction Foreman who will be responsible for the day -to-day construction operations as
detailed in section C.5. The Construction Foreman shall be on site at all times during construction
activities; An Invasive Plant Specialist who will be responsible for leading invasive plant removal
efforts in the Project Area; and a Licensed Plumber in the District of Columbia will oversee and
ensure successful installation of the stormwater catch basin on 22nd St. SE.
C.7.2 The Contractor shall submit a Special Use Permit application to the National Park Service for all
construction activities in compliance with the Stickfoot Branch Environmental Assessment.
Construction activities cannot commence until the Special Use Permit has been issued.
C.7.3 In accordance with the Stickfoot Branch Environmental Assessment, the Contractor shall submit a Special
Use Permit application to the National Park Service for all construction activities. Construction activities
cannot commence until the Special Use Permit has been issued.

C.7.4 The work to be done under the Contract includes, but is not limited to furnishing all labor,
materials, equipment, project signboard (Attachment J.13), superintendents, transportation and
mobilization and performing all work in strict accordance with the contract.
C.7.5 The Contract shall cover all aspects of restoring Stickfoot Branch as directed in the Stickfoot
Branch Design Plans (Attachment J.9) and the Stickfoot Branch Stream Restoration Construction
Specifications (Attachment J.10). The performance of services under the contract shall include,
but is not limited to: submittal of a Notice of Intent (NOI) to the Environmental Protection Agency
(NOI) for Stormwater Management, production of a Stormwater Pollution Prevention Plan
(SWPPP), site preparation, tree protection, tree removal, grading and excavation, bank
stabilization, construction of instream structures, construction of outfall structures, installation of
a stormwater catch basin, protection of sanitary sewer lines, implementation of adequate erosion
and sediment controls, native vegetation planting and seeding, and all other aspects as outlined in
the contract.
C.7.6 The work shall be performed under the Contract for DOEE and under the direction the District’s
on-site Construction Project Manager as described in the contract.
C.7.7 The Contractor shall perform and complete the performance of services in strict accordance with
the length of the contract (Section F.2). Any deviation shall be subject to approval by the
Contracting officer.
C.7.8 The Contractor shall ensure that all construction pay items, requirements and specifications under
the Contract shall conform to the District of Columbia Department of Transportation, Standard
Specifications for Highways and Structures, 2019 (Applicable Document #0003), unless otherwise
specified in the contract.
C.7.8.1 The Contractor shall ensure that all erosion and sediment control devices and/or measures used as
part of the Contract shall conform to the 2017 District of Columbia Standards and Specifications
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for Soil Erosion and Sediment Control (Applicable Document #0001), unless otherwise specified
in the Contract Special Provisions.
C.7.9 The Contractor shall ensure all Stormwater Management Rules should be followed in accordance
with the Stormwater Management Guidebook, prepared for the District Department of the
Environment Watershed Protection Division, District of Columbia, 2020 (Applicable Document
#0002). As part of following DOEE rules and regulations as-built plans will be submitted to the
DOEE Erosion and Sediment Control Inspector and to verify that the project is complete the
inspector will send a notice of approval.
C.7.10 The Contractor shall at a minimum assign a contractor’s project manager on the contract to be the
main point of contact between the DOEE Contract Administrator (CA), the Contracting Officer
(CO), and the District’s on-site Construction Project Manager.
C.7.11 Working Schedule
C.7.11.1 Permitted work hours are expected to be 7AM to 7PM (daylight hours), Monday through Friday;
federal holidays excluded. Delivery of materials, equipment, machinery, etc. is permitted between
7:30AM and 3:30PM, Monday through Friday; federal holidays excluded. The Permittee may
request changes to those work hours as needed throughout the project, but requests must be in
writing and submitted to the park Superintendent at least fifteen ( 15) calendar days before the
proposed work date/time change. No work may occur outside of the hours established here unless
the Superintendent has provided written authorization to proceed. All work hours and conditions
will be finalized within the Special Use Permit issued by NPS.
C.7.11.2 The Contractor shall coordinate the work schedules with DOEE no later than 72 hours before the
Contractor begins work on the Contract. No work requiring the presence of the District’s on- site
Construction Project Manager shall be done at night, on weekends, or on Federal holidays, except
in case of emergency and/or with written permission of the CA. The Contractor shall notify DOEE,
in writing, at least two (2) days in advance of such Federal holiday, weekend or night that the
Contractor desires to work and state the place where said work will be conducted.
C.7.11.3 The Contractor shall ensure that the completion of the project shall not exceed twelve (12) months
or 365 calendar days construction duration from the date of contract award. Any delays causing
failure to complete all work within this timeframe shall be documented and submitted to the DOEE
in order to determine if an extension of the construction schedule is warranted. Requests for
extensions must be provided in writing and approved by DOEE.

C.7.11.4 DOEE and OCP reserves the right to award four (4) additional option years to ensure post
construction site maintenance.

C.8 COORDINATION WITH DISTRICT’S ON- SITE CONSTRUCTION PROJECT
MANAGER

C.8.1 The Contractor shall work with the District’s on-site Construction Project Manager, who shall be
the DOEE on-site representative during the stream restoration construction effort.

C.8.2 The Contractor shall execute all project work in conformance with all contract documents and
applicable permits. The District’s on -site Construction Manager is the DOEE liaison who shall
serve to expedite construction efforts and maintain design integrity by being able to make slight
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horizontal and vertical adjustments to proposed grades and/or construction features due to local
site conditions without a direct change order.

C.8.3 The Contractor shall accept direction and guidance from the District’s on- site Construction
Manager during the work efforts.

C.8.4 During all construction activities it shall be the responsibility of the Contractor to provide the on-
site Construction Manager laser-level type survey equipment to accurately determine the elevations
and inverts of proposed grading and features. The equipment shall be accurately tied into survey
benchmarks provided by the Contractor.

C.8.5 The vertical accuracy of the survey benchmarks shall be the sole responsibility of the Contractor.
Slight horizontal placement and vertical adjustments of proposed grades or features may be made
by the District’s on-site Construction Manager after written approval from the Contracting Officer
due to variation in local topography. The District’s on-site Construction Manager will inform the
Contractor if the said adjustments are to be made.

C.9 EXTRA CHARGES

C.9.1 The Contractor shall execute a finished project in accordance with the Stickfoot Branch Final
Design Plans (Attachment J.9) without any extra charge, unless specifically provided for within
the Contract.

C.9.2 DOEE has applied for and received tentative approval (pending payment) of the below local and
federal permits:

1. Nationwide Permit from the Army Corps of Engineers
2. Water Quality Certification from DOEE
3. Environmental Intake Form from DOEE
4. Clearance from the State Historic Preservation Office
5. DOEE Stormwater management
6. DOEE Erosion and Sediment Control
7. DOEE Floodplain Review
8. DDOT Public Space
9. DCWATER

C.9.3 Should other permits arise that need to be paid in order to commence construction, DOEE and
OCP will evaluate the need and negotiate the service and cost with the Construction Contractor to
ensure timely acquisition of the necessary permits. No work shall be done by the Contractor to
obtain permits without written direction from the Contracting Officer.

C.9.4 The Construction Contractor is solely responsible for applying for a Special Use Permit to the National
Park Service and obtaining approval in order to commence construction activities.

C.10 UTILITIES

C.10.1 The Contractor shall determine the specific location of any underground utilities within Limits of
Work, and in areas of access prior to moving equipment on- site, and shall take whatever
precautions are necessary to protect underground utilities from damage. The Contractor shall
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notify MISS UTILITY at 1-800-257-7777 at least 48 hours in advance of any work on any Project
Area.

C.10.2 Subsurface utility information presented on the plans is considered Quality Level D (see ASCE
Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data).

C.10.3 The Contractor shall contact all utilities within the limits of the project who are not a member of
MISS UTILITY and obtain a stakeout of their respective facilities. Where existing gas, electricity,
water, cable, and telecommunications are encountered, the Contractor shall immediately notify
the District’s on-site Construction Project Manager. The Contractor shall arrange with the
appropriate utility owner for any necessary relocation. The Contractor shall not receive no extra
compensation on account of delays incurred in conjunction with such relocations.

C.10.4 The Contractor shall contact the District of Columbia Water and Sewer Authority (DC Water) at
least 48 hours prior to any construction activities.

C.10.5 The Contractor shall take whatever precautions are necessary to protect overhead utilities from
damage. The Contractor shall verify the specific locations of all utilities located within the Limits
of Disturbance and take the necessary precautions to prevent damage or service interruptions
during construction. Any utilities damaged due to construction activities shall be repaired or
replaced prior to the completion of the Contract at the Contractor’s expense.

C.11 CONSTRUCTION SEQUENCE

C.11.1 The Contractor shall hold a Preconstruction Meeting on site with DOEE and the Construction
Manager to inspect site conditions and to plan work activities prior to initiating any work in the
Project Area. The Pre-Construction meeting must be scheduled by ca lling (202) 535- 2977. The
Contractor shall secure the written approval of DOEE at the Preconstruction Meeting for the
particular method of ingress and egress, and placement of storage of materials and equipment, etc.,
prior to beginning work.

C.11.2 The Contractor shall contact the following non-governmental agencies, at least two weeks prior to
the Preconstruction Meeting:

Table 2 - Preconstruction Meeting

Attendees Agency Name Contact Information
DC Department of Energy & Environment (DOEE) Josh Burch (202) 734-9527
DC Department of Transportation (DGS) To Be Determined
DC Water (DDOT) Peter Kelly (202) 787-2540
National Park Service (NPS) Jamese Hemsley (202) 354-7454
Construction Manager Josh Burch (202) 734-9527
a. The Contractor, the Contractor’s project supervisor, and the Contractor’s construction foreman
shall review and be familiar with the Construction Specifications and Drawings prior to the
Preconstruction Meeting.
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b. The Contractor shall follow the Construction Sequence as shown on the Construction
Drawings. Any deviations from the Construction Sequencing must be submitted in writing and
approved by DOEE and Construction Manager in writing prior to implementing the deviation.
C.12 CONSTRUCTION PROJECT MANAGEMENT (FIELD NOTES, DOCUMENTATION,
PROGRESS REPORTS & PROGRESS MEETINGS
C.12.1 Field Notes and Documentation: All field notes, field data forms, and photographs produced as
part of the Construction Specifications and Plans are the property of the District of Columbia. This
data shall not be used, in whole or part, in any professional, scientific, or non- scientific report,
paper, or note, published or unpublished or be part of any technical or non- technical presentation
without the written permission of the District of C olumbia. Field Notes and photographs
documenting project progress will be provided to DOEE.

C.12.2 Progress Reports: The Contractor shall submit progress reports every two weeks that documents
accomplishments in project work completed in previous work period and identifies work to be
completed in the upcoming two-week period. Progress reports will also identify any project
challenges and document how the Contractor and DOEE decided to proceed to address those
challenges. Progress reports should be sent to the Contract Officer and Contract Administrator by
5pm every other Friday for the duration of the project.

C.12.3 Progress Meetings: The Contractor shall host weekly progress meetings with DOEE and the
appropriate project partners to go over past, on-going, and upcoming work at the project site.

C.12.4 Trash & Debris: The Contractor shall remove all bulk trash and debris from within the LOD. All
trash and debris will be safely removed from the site and disposed of at a proper disposal location.

C.12.5 In-Stream Work: The Contractor shall maintain all equipment used for in- stream work. No
equipment with leaking hoses, leaking fluids, excessive dirt, or other potential water pollutants
shall be used for in-stream work. The District’s on-site Construction Project Manager has the right
to inspect all equipment and may designate any equipment as unacceptable if there is any potential
for pollutants entering waterways.

C.12.6 Discrepancies. Should there be any discrepancies between the Construction Drawings and /or field
conditions after the Award of Contract and prior to the start of construction; the Contractor shall
bring such discrepancies to the attention of the District’s on-site Construction Project Manager.
The Construction Project Manager will make the final determination on how to proceed. Should any
change be warranted, the change cannot be executed until the Contracting Officer provides a
written modification to project work.

C.12.7 Security. The Contractor shall provide security measures to protect workers, equipment, materials,
and the work area before, during, and after work hours. Costs for providing security shall be
considered incidental to Mobilization.
C.12.8 Project Sign Board: The Contractor shall create and install, upon DOEE’s approval of style,
layout, and location, a project signboard in accordance with DOEE’s requirements. The project
sign shall identify the Project as a Clean Water Construction (CWC) Project and lists the funding
sources in accordance with the sample Project signage provided by Attachment J.13. The
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Department of Energy and Environment (DOEE) will provide funding information and funding
logos.

C.12.9 CONSTRUCTION SUBMITTALS
In order to properly manage the Project, the DB Contractor shall provide a Project Manager for
the entire duration of the Project. The Project Manager shall be required to undertake the tasks
outlined in the sections below.

a) Facilitate contractor sending weekly Certified Payrolls to Clean Water Construction
(CWC) contact;
b) Ensure Clean Water Construction (CWC) Contact receives construction two -week look
ahead reflecting contractors associated with each listed task;

C.13 CONSTRUCT THE STREAM RESTORATION

C.13.1 The Contractor shall construct the Stream Restoration in accordance with the Approved Stickfoot
Branch Stream Restoration Design Plans (Attachment J.9). Prior to commencement of
construction and after completion of construction the Contractor shall perform Closed Circuit
Television (CCTV) inspections of the sewer line underneath the access route on the north side of
the stream.

C.13.2 The Contractor shall c onstruct the Stream Restoration in accordance with the Stickfoot Branch
Construction (Attachment J.10)

C.13.3 As-Built Plans - The Contractor shall perform the following tasks:

a. Complete the As -Built Certification as described by “As -built Storm Water Management
Plan Guidelines” (See Section C.2 - Applicable Documents Item #0002). As-Built plans must
be signed and sealed by a licensed engineer in the District of Columbia.
b. Submit completed as-built Plans to DOEE following the As-Built Stormwater Management
Plan Guidelines (See Section C2 – Applicable Documents Item #0002).

C.14 POST-CONSTRUCTION MAINTENANCE
The Contractor shall maintain the completed Work for the term of each exercised option year to
ensure project stability, sustainability, and functionality. Regular maintenance shall follow the
maintenance schedules per the District of Columbia 2020 Stormwater Management Guidebook
(Applicable Document 0002).
C.14.1 Vegetation Maintenance: The Contractor shall ensure the establishment of native vegetation
planted as part of construction by performing the following activities:
a. Water every other day for the first two weeks after planting;
b. Water once per week for two months following the first two-week period;
c. Water is needed after the first two months during the first growing season (April -October)
thereafter, depending upon rainfall;
d. Replant vegetation if more than 15% of the plant material dies; and
e. Maintain plant protection measures.
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C.14.2 Invasive Plant Control: The Contractor shall treat or remove any invasive plant species that
reappear after the restoration work is completed.

C.15 FINAL SUBMITTALS
The Contractor shall be required to prepare and submit the following documentation at the end of
the contract term:

a. A complete set of Project files, including QA/QC reports, daily reports, test reports, etc.
b. A complete set of product manuals (O&M), training videos, warranties, etc.
c. As-built record drawings stamped by the engineer of record who must be a licensed engineer
in the District of Columbia.
d. All applicable inspection certificates/permits.
e. A summary of actual Costs.
C.16 POST-CONSTRUCTION MAINTENANCE (OPTION YEAR 1)
C.16.1 Monthly Maintenance of Site: The Contractor shall visit the site monthly and perform any needed
maintenance of the site or vegetation to ensure project stability and success of at least 85% of
vegetation planted. Should the survivability of vegetation planted be lower than 85%, the
Contractor shall plant new plants to replace what did not survive. Costs for replanting shall be
included in CLIN 1001.

C.16.2 Spring & Fall Invasive Control: The Contractor shall in the spring and fall remove and treat as
needed any invasive plants that reappear in the Project Area.
C.16.3 Reporting: The Contractor shall provide DOEE with monthly reports associated with invoices
detailing maintenance actions, progress, and areas of concern.

C.17 POST-CONSTRUCTION MAINTENANCE (OPTION YEAR 2)
C.17.1 Monthly Maintenance of Site: The Contractor shall perform monthly visits to the site and
perform any needed maintenance of the site or vegetation to ensure project stability and success
of at least 85% of vegetation planted. Should the survivability of vegetation planted be lower than
85%, the Contractor shall plant new plants to replace what did not survive. Costs for replanting
shall be included in CLIN 2001.

C.17.2 Spring & Fall Invasive Control: In the spring and fall, the Contractor remove and treat as needed
any invasive plants that reappear in the Project Area.

C.17.3 Reporting: The Contractor shall provide DOEE with monthly reports associated with invoices
detailing maintenance actions, progress, and areas of concerns.

C.18 POST-CONSTRUCTION MAINTENANCE (OPTION YEAR 3)

C.18.1 Monthly Maintenance of Site: The Contractor shall perform monthly visits to the site and
perform any needed maintenance of the site or vegetation to ensure project stability and success
of at least 85% of vegetation planted. Should the survivability of vegetation planted be lower than
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85%, the Contractor shall plant new plants to replace what did not survive. Costs for replanting
shall be included in CLIN 3001.
C.18.2 Spring & Fall Invasive Control: The Contractor shall in the spring and fall remove and treat as
needed any invasive plants that reappear in the Project Area.

C.18.3 Reporting: The Contractor shall provide DOEE with monthly reports associated with invoices
detailing maintenance actions, progress, and areas of concerns.

C.19 POST-CONSTRUCTION MAINTENANCE (OPTION YEAR 4)

C.19.1 Monthly Maintenance of Site: The Contractor shall perform monthly visits to the site and
perform any needed maintenance of the site or vegetation to ensure project stability and success
of at least 85% of vegetation planted. Should the survivability of vegetation planted be lower than
85%, the Contractor shall plant new plants to replace what did not survive. Costs for replanting
shall be included in CLIN 4001.

C.19.2 Spring & Fall Invasive Control: In the spring and fall, the Contractor shall remove and treat as
needed any invasive plants that reappear in the Project Area.
C.19.3 Reporting: The Contractor shall provide DOEE with monthly reports associated with invoices
detailing maintenance actions, progress, and areas of concerns.
C.20 KEY PERSONNEL
C.20.1 The District considers the following positions to be Key Personnel for this contract:
C.20.1.1 A Construction Project Supervisor (Construction Project Superintendent) who will be
responsible for overall Project construction, installation, contract administration; ensuring that
adequate personnel and resources are assigned to the Project; delivery of the Project; and post-
construction service. This person will serve as the Contractor’s main point of contact with DOEE
and OCP. The proposed Project Manager shall meet the following requirements:
Present evidence of employment as a construction project supervisor within the past decade (10)
Provide a resume that delineates the experience and expertise gained from the completion of at
least five stream restoration (construction) projects, with at least two of those projects having
contract amounts exceeding $500,000.00 for restoration/construction work.

C.20.1.2 A Construction Foreman who will be responsible for the day -to-day construction operations as
detailed in section C.13. The Construction Foreman shall be on site at all times during construction
activities. The Site Superintendent shall meet the following requirements:

a. Has five years of experience serving as a Construction Foreman;

Demonstrate employment as a Site Superintendent on at least two (2) projects that require the
construction of stream restorations to establish and restore natural habitats within the past five
years. At least $350,000.00 must have been the total contract amount for construction expenditures
for each of the two (2) construction contracts.
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C.20.1.3 An Invasive Plant Specialist who will be responsible for leading invasive plant removal efforts
in the Project Area. The Invasive Plant Specialist shall meet the following requirements:

a. Has led invasive plant control work
b. Has led efforts to control invasive plants on at least three (3) projects areas of 0.5 acres or
greater of invasive plants species within the last five (5) years; and
c. Has all proper licenses and certifications to apply herbicides in the District of Columbia.

C.20.1.4 A Licensed Plumber in the District of Columbia will oversee and ensure successful installation
of the stormwater catch basin on 22nd St. SE.

a. Has overseen and approved the installation of at least one stormwater catch basin in the District
of Columbia

C.20.2 The offeror shall set forth in its proposal the names and reporting relationships of the key personnel
the offeror will use to perform the work under the proposed contract. Their resumes shall be
included. The hours that each will devote to the contract shall be provided in total and broken
down by task.

SECTION D: RESERVED
SECTION E: RESERVED
SECTION F: PERIOD OF PERFORMANCE AND DELIVERABLES
F.1 TERM OF CONTRACT
The term of the contract shall be for a period of one year from the date of the award specified on
the cover page of the contract.

F.2.1 OPTION TO EXTEND THE TERM OF THE CONTRACT

F.2.2 The District may extend the term of this contract for a period of four (4) one-year option periods,
or successive fractions thereof, by written notice to the Contractor before the expiration of the
contract; provided that the District will give the Contractor preliminary written notice of its intent
to extend at least thirty (30) days before the contract expires. The preliminary notice does not
commit the District to an extension. The exercise of this option is subject to the availability of
funds at the time of the exercise of this option. The Contractor may waive the thirty (30) day
preliminary notice requirement by providing a written waiver to the Contracting Officer prior to
expiration of the contract.

F.2.3 If the District exercises this option, the extended contract shall be considered to include this option
provision.

F.2.4 The price for the option period shall be as specified in Section B of the contract.

F.2.5 The total duration of this contract, including the exercising of any options under this clause, shall
not exceed five (5) years.
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F.3 DELIVERABLES
The Contractor shall perform the activities required to successfully complete the District’s
requirements and submit each deliverable to the Contract Administrator (CA) identified in section
G.9 in accordance with the following:

Base Year:

Item
No.

Deliverable

Qty. Format/Method
of Delivery

Due Date
1 Special Use Permit (C.7.2) 1 PDF 90 days after contract
award

2
Construction Management
(Field Notes, Documentation,
Progress Reports, & Progress
Meetings) (C.12.1-7)

1

PDF

365 Days after
Contract award
3
Project Sign Board (C.12.8)
See Attachment J.13
1 On-Site 90 Days after Contract
award
4 Construction of the Stream
Restoration (C.13.1) 1 Field Work 240 days after contract
award
5 As-Built Plans (C.13.3) 1 Field Work 300 days after contract
award
6 Post-Construction
Maintenance (C.14) 1 Field Work 350 days after contract
award
7 Final Submittals (C.15) 1 PDF 365 days after contract
award

Option Year 1

Item
No.

Deliverable

Qty.
Format/Method
of Delivery

Due Date
1 Monthly Maintenance of Site
(C.16.1) 12 Site Work 365 days after
contract award
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Item
No.

Deliverable

Qty.
Format/Method
of Delivery

Due Date
2 Spring & Fall Invasive
Control (C.16.2) 2 Site Work 365 Days after
Contract award
3 Reporting (C.16.3) 12 PDF 365 Days after
Contract award

Option Year 2

Item
No.

Deliverable

Qty.
Format/ Method
of Delivery
Due Date
1 Monthly Maintenance of
Site (C.17.1) 12 Site Work 365 days after contract
award
2 Spring & Fall Invasive
Control (C.17.2) 2 Site Work 365 Days after
Contract award
3 Reporting (C.17.3) 12 PDF 365 Days after
Contract award

Option Year 3

Item
No.

Deliverable

Qty.
Format/ Method
of Delivery
Due Date
1 Monthly Maintenance of
Site (C.18.1) 12 Site Work 365 days after contract
award
2 Spring & Fall Invasive
Control (C.18.2) 2 Site Work 365 Days after
Contract award
3 Reporting (C.18.3) 12 PDF 365 Days after
Contract award
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Option Year 4

Item
No.

Deliverable

Qty.
Format/Method of
Delivery

Due Date
1 Monthly Maintenance
of Site (C.19.1) 12 Site Work 365 days after
contract award
2 Spring & Fall Invasive
Control (C.19.2) 2 Site Work 365 Days after
Contract Award
3 Reporting (C.19.3) 12 PDF 365 Days after
Contract Award

F.3.1 The Contractor shall submit to the District, as a deliverable, the report described in section H.5.5
that is required by the 51% District Residents New Hires Requirements and First Source
Employment Agreement. If the Contractor does not submit the report as part of the deliverables,
final payment to the Contractor shall not be paid pursuant to section G.3.2.
SECTION G: CONTRACT ADMINISTRATION
G.1 INVOICE PAYMENT

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

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

G.2 INVOICE SUBMITTAL

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

G.2.2 The Contractor shall submit proper invoices on a monthly basis or as otherwise specified in Section
G.4.

G.2.3 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.
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G.2.4 FEDERAL REPORTING REQUIREMENTS

a) Documentation of DBE outreach efforts log to any subcontractors added during the course of
the Project.
b) Invoices detailing time & materials, description of work performed, documentation of all
expenditures, back-up, and an accounting of subcontractor utilization.

G.3 FIRST SOURCE AGREEMENT REQUEST FOR FINAL PAYMENT

G.3.1 For contracts subject to the 51% District Residents New Hires Requirements and First Source
Employment Agreement requirements, final request for payment must be accompanied by the
report or a waiver of compliance discussed in section H.5.5.

G.3.2 The District shall not make final payment to the Contractor until the agency CFO has received the
CO’s final determination or approval of waiver of the Contractor’s compliance with 51% District
Residents New Hires Requirements and First Source Employment Agreement requirements.

G.4 PAYMENT

G.4.1 Partial Payments on Partial Deliveries of Goods
Unless otherwise specified in this contract, payment will be made on partial deliveries of services
accepted by the District if:

a) The CO determines that the amount due on the deliveries warrants it; or

b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent
of the total contract price.

G.4.2 Partial Payments
Unless otherwise specified in this contract, payment will be made on partial deliveries of goods
and services accepted by the District if:
a) The amount due on the deliveries warrants it; or
b) The Contractor requests it and the amount due on the deliveries is in accordance with the following:
• Payment will be made on completion and acceptance of each item in accordance with the agreed
upon delivery schedule
c) Presentation of a properly executed invoice.
G.5 ASSIGNMENT OF CONTRACT PAYMENTS
G.5.1 In accordance with 27 DCMR 3250, the Contractor may assign to a bank, trust company, or other
financing institution funds due or to become due as a result of the performance of this contract.

G.5.2 Any assignment shall cover all unpaid amounts payable under this contract and shall not be made
to more than one party.
G.5.3 Notwithstanding an assignment of contract payments, the Contractor, not the assignee, is required
to prepare invoices. Where such an assignment has been made, the original copy of the invoice
must refer to the assignment and must show that payment of the invoice is to be made directly to
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the assignee as follows: “Pursuant to the instrument of assignment dated , make
payment of this invoice to (name and address of assignee).”
G.6 THE QUICK PAYMENT ACT
G.6.1 Interest Penalties to Contractors
G.6.1.1 The District will pay interest penalties on amounts due to the Contractor under the Quick Payment
Act, D.C. Official Code § 2-221.01 et seq., as amended, for the period beginning on the day after
the required payment date and ending on the date on which payment of the amount is made. Interest
shall be calculated at the rate of at least 1% per month. No interest penalty shall be paid if payment
for the completed delivery of the item of property or service is made on or before the required
payment date.

G.6.1.1.1 The date on which payment is due under the terms of this contract;

G.6.1.1.2 Not later than 7 calendar days, excluding legal holidays, after the date of delivery of meat or meat
food products;

G.6.1.1.3 Not later than 10 calendar days, excluding legal holidays, after the date of delivery of a perishable
agricultural commodity; or
G.6.1.1.4 30 calendar days, excluding legal holidays, after receiving a proper invoice for the amount of the
payment due.
G.6.1.2 No interest penalty shall be due to the Contractor if payment for the completed delivery of goods
or services is made on or before:
G.6.1.2.1 3rd day after the required payment date for meat or a meat product;

G.6.1.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.1.2.3 15th day after any other required payment date.

G.6.1.3 Any interest penalty which remains unpaid at the end of any 30- day period shall be added to the
principal amount of the debt and thereafter interest penalties shall accrue on the added amount.

G.6.2 Payments to Subcontractors

G.6.2.1 The Contractor shall take one of the following actions within seven (7) days of receipt of any
amount paid to the Contractor by the District for work performed by any subcontractor under the
contract:
G.6.2.1.1 Pay the subcontractor(s) for the proportionate share of the total payment received from the District
that is attributable to the subcontractor(s) for work performed under the contract; or

G.6.2.1.2 Notify the CO and the subcontractor(s), in writing, of the Contractor’s intention to withhold all or
part of the subcontractor’s payment and state the reason for the nonpayment.
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G.6.2.2 The Contractor shall pay subcontractors or suppliers interest penalties on amounts due to the
subcontractor or supplier beginning on the day after the payment is due and ending on the date on
which the payment is made. Interest shall be calculated at the rate of at least 1% per month. No
interest penalty shall be paid on the following if payment for the completed delivery of the item of
property or service is made on or before the:

G.6.2.2.1 3rd day after the required payment date for meat or a meat product;

G.6.2.2.2 5th day after the required payment date for an agricultural commodity; or

G.6.2.2.3 15th day after any other required payment date.

G.6.2.3 Any amount of an interest penalty which remains unpaid by the Contractor at the end of any 30-
day period shall be added to the principal amount of the debt to the subcontractor and thereafter
interest penalties shall accrue on the added amount.

G.6.2.4 A dispute between the Contractor and subcontractor relating to the amounts or entitlement of a
subcontractor to a payment or a late payment interest penalty under the Quick Payment Act does
not constitute a dispute to which the District is a party. The District may not be interrupted in any
judicial or administrative proceedings involving such a dispute.

G.6.3 Subcontract Requirements

G.6.3.1 The Contractor shall include in each subcontract under this contract a provision requiring the
subcontractor to include in its contract with any lower -tier subcontractor or supplier the payment
and interest clauses required under paragraphs (1) and (2) of D.C. Official Code § 2- 221.02(d).

G.6.3.2 The Contractor shall include in each subcontract under this contract a provision that obligates the
Contractor, at the election of the subcontractor, to participate in negotiation or mediation as an
alternative to administrative or judicial resolution of a dispute between them.
G.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:

Tracy Crump Donnetta Butler
Office of Contracting and Procurement Office of Contracting and Procurement
Address: 1200 First Street, NE Address: 1200 First Street, NE
Washington, DC 20002 Washington, DC 20002
Telephone: (202) 805-1194 Telephone: (202) 442-7623
E-mail address: tracy.crump@dc.gov E-mail address: donnetta.butler@dc.gov

G.8 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER

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

G.8.2 The Contractor shall not comply with any order, directive or request that changes or modifies the
requirements of this contract, unless issued in writing and signed by the CO.
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G.8.3 In the event the Contractor effects any change at the instruction or request of any person other than
the CO, the change will be considered to have been made without authority, and no adjustment will
be made in the contract price to cover any cost increase incurred as a result thereof.

G.9 CONTRACT ADMINSTRATOR (CA)

G.9.1 The CA is responsible for general administration of the contract and advising the CO as to the
Contractor’s compliance or noncompliance with the contract. The CA has the responsibility of
ensuring the work conforms to the requirements of the contract and such other responsibilities and
authorities as may be specified in the contract. These include:

G.9.1.1 Keeping the CO fully informed of any technical or contractual difficulties encountered during the
performance period and advising the CO of any potential problem areas under the contract.

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

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

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

G.9.1.5 Maintaining a file that includes all contract correspondence, modifications, records of inspections
(site, data, equipment) and invoices or vouchers.

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

Josh Burch, Environmental Protection Specialist
Restoration Branch - Watershed Protection Division
District Department of Energy & Environment
1200 1st St. NE 5th Floor
Phone: (202) 734.9527
Email: josh.burch@dc.gov

G.9.3 The CA shall NOT have the authority to:

1. Award, agree to, or sign any contract, delivery order or task order. Only the CO shall make
contractual agreements, commitments or modifications.
2. Grant deviations from or waive any of the terms and conditions of the contract.
3. Increase the dollar limit of the contract or authorize work beyond the dollar limit of the contract.
4. Authorize the expenditure of funds by the Contractor.
5. Change the period of performance.
6. Authorize the use of District property, except as specified under the contract.
G.9.4 The Contractor shall 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.
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SECTION H: SPECIAL CONTRACT REQUIREMENTS
H.1 The Davis -Bacon Act is applicable to this Contract/Project. As such, the Contractor and its
Subcontractors shall comply with the wage and reporting requirements imposed by the Davis -
Bacon Act incorporated herein at Section J, Attachment J.2.

H.2 Department of Labor Wage Determinations
The Contractor shall be bound by the Wage Determination No. DC202 60001, Modification No.
3 dated January 23, 2026, issued by the U.S. Department of Labor in accordance with the Davis
Bacon Act, and incorporated herein as Section J.2. The Contractor shall be bound by the wage
rates for the term of the contract subject to revision as stated herein and in accordance with clause
twenty-four of the SCP. If an option is exercised, the Contractor shall be bound by the applicable
wage rates at the time of the exercise of the option. If the option is exercised and the CO obtains a
revised wage determination, the revised wage determination is applicable for the option periods.

H.3 PREGNANT WORKERS FAIRNESS

H.3.1 The Contractor shall comply with the Protecting Pregnant Workers Fairness Act of 2016, D.C.
Official Code § 32-1231.01 et seq. (PPWF Act).

H.3.2 The Contractor shall not:

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

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

1. Pay
2. Accumulated seniority and retirement
3. Benefits
4. Other applicable service credits

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

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

e) Require an employee to take leave if reasonable accommodation can be provided.
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f) Take adverse action against an employee who has been absent from work as a result of a
pregnancy-related condition, including a pre-birth complication.

H.3.3 The Contractor shall post and maintain in a conspicuous place a notice of rights in both English
and Spanish and provide written notice of an employee's right to a needed reasonable
accommodation related to pregnancy, childbirth, related medical conditions, or breastfeeding
pursuant to the PPWF Act to:

a) New employees at the commencement of employment.
b) Existing employees.
c) An employee who notifies the employer of her pregnancy, or other condition covered by the
PPWF Act, within 10 days of the notification.

H.3.4 The Contractor shall provide an accurate written translation of the notice of rights to any non-
English or non-Spanish speaking employee.

H.3.5 Violations of the PPWF Act shall be subject to civil penalties as described in the Act.

H.4 UNEMPLOYED ANTI-DISCRIMINATION

H.4.1 The Contractor shall comply with the Unemployed Anti-Discrimination Act of 2012, D.C. Official
Code § 32-1361 et seq.

H.4.2 The Contractor shall not:
a) Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed.
b) Publish, in print, on the Internet, or in any other medium, an advertisement or announcement
for any vacancy in a job for employment that includes:

1) Any provision stating or indicating that an individual's status as unemployed disqualifies
the individual for the job.
2) Any provision stating or indicating that an employment agency will not consider or hire
an individual for employment based on that individual's status as unemployed.
H.4.3 Violations of the Unemployed Anti -Discrimination Act shall be subject to civil penalties as
described in the Act.

H.5 RESERVED

H.6 DIVERSION, REASSIGNMENT AND REPLACEMENT OF KEY PERSONNEL
The key personnel specified in the contract are considered to be essential to the work being
performed hereunder. Prior to diverting any of the specified key personnel for any reason, the
Contractor shall notify the CO at least thirty (30) calendar days in advance and shall submit
justification, including proposed substitutions, in sufficient detail to permit evaluation of the
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impact upon the contract. The Contractor shall obtain written approval of the CO for any proposed
substitution of key personnel.

H.7 RESERVED
H.8 CONTRACT ADMINISTRATION REQUIREMENTS
To prevent unfair practices that adversely affect DBEs, the District requires the following:

a) The District must require the DBE Contractor to pay its Subcontractor for satisfactory
performance no more than thirty (30) days from the Contractor’s receipt of payment from the
District.
b) The District must be notified in writing by the Contractor prior to any termination of a DBE
Subcontractor for convenience by the Contractor.
c) If the DBE Subcontractor fails to complete Work under the subcontract for any reason, the
District must require the Contractor to employ the six good faith efforts to find and hire a new
DBE subcontractor.
H.9 RESERVED

H.10 FAIR CRIMINAL RECORD SCREENING

H.10.1 The Contractor shall comply with the provisions of the Fair Criminal Record Screening
Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-152) (“Act” as used in this
section). This section applies to any employment, including employment on a temporary or
contractual basis, where the physical location of the employment is in whole or substantial part
within the District of Columbia.

H.10.2 Prior to making a conditional offer of employment, the Contractor shall not require an applicant
for employment, or a person who has requested consideration for employment by the Contractor,
to reveal or disclose an arrest or criminal accusation that is not then pending or did not result in a
criminal conviction.

H.10.3 After making a conditional offer of employment, the Contractor shall require an applicant to
disclose or reveal a criminal conviction.

H.10.4 The Contractor shall only withdraw a conditional offer of employment, or take adverse action
against an applicant, for a legitimate business reason as described in the Act.
H.10.5 This section and the provisions of the Act shall not apply: (a) Where a federal or District law or
regulation requires the consideration of an applicant’s criminal history for the purposes of
employment; (b) To a position designated by the employer as part of a federal or District
government program or obligation that is designed to encourage the employment of those with
criminal histories; (c) To any facility or employer that provides programs, services, or direct care
to, children, youth, or vulnerable adults; or (d) To employers that employ less than 11 employees.
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H.10.6 A person claiming to be aggrieved by a violation of the Act may file an administrative complaint
with the District of Columbia Office of Human Rights, and the Commission on Human Rights
may impose monetary penalties against the Contractor.

H.11 RESERVED

H.12 CONTRACTOR RESPONSIBILITIES

H.12.1 BONDING REQUIREMENTS
H.12.1.1 PAYMENT BOND
The Contractor shall provide a Payment Bond in accordance with 2 CFR 200.326, in Section J.16
of the Solicitation, in the amount of 100 percent of the total amount of the original Contract Price.
The Surety must be authorized to do business in the District of Columbia. The Payment Bond may
also be the equivalent in cash or other security considered satisfactory to the District.

The Payment Bond shall be for the protection of all businesses supplying labor and materials,
including lessors of equipment to the extent of the fair rental value of the equipment, to the
Contractor or a Subcontractor in the performance of Work provided for by the Contract.
Before receiving a progress or final payment under a contract covered by this Section, the
Contractor shall certify in writing that the Contractor has made payment from the proceeds of prior
payments, and that the Contractor will make timely payments from the proceeds of the progress or
final payment then due the Contractor, to the Contractor's Subcontractors and suppliers in
accordance with its contractual arrangements with them.
The Payment Bond shall be released one (1) year after Final Acceptance or the District’s receipt
of the Contractor’s Affidavit Regarding Settlement of Claims, whichever occurs later.
Additional Payment Bond protection shall be required in connection with any modification
affecting an increase in price under the Contract if: (i) the modification is for new or additional
Work that is beyond the scope of the existing Contract, or (ii) the modification is pursuant to an
existing provision of the Contract and is expected to increase the Contract value by more than
$50,000.
H.12.1.2 PERFORMANCE BOND
The Contractor shall provide a Performance Bond in accordance with 2 CFR 200.326, in the
amount of 100 percent of the original Contract Price to the extent that this differs from the Standard
Specification. Additional Performance Bond protection shall be required in connection with any
modification effecting an increase in price under the Contract if: (i) the modification is for new or
additional Work that is beyond the scope of the existing Contract, or (ii) the modification is
pursuant to an existing provision of the Contract and is expected to increase the Contract value by
more than $50,000. Performance bond is not required at the time of proposal submission. See
Section J.11 of the Solicitation.
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H.12.1.3 BID BOND
See Federal Insert (J.16) §200.326 Bonding Requirements

H.12.2 Build America, Buy America Act (BABA)
This project is federally funded and is subject to the Build America, Buy America Act (BABA) as
described in section J.21, DOEE BABA requirements.

SECTION I: CONTRACT CLAUSES
I.1 RESERVED
I.2 CONTRACTS THAT CROSS FISCAL YEARS
Continuation of this contract beyond the current fiscal year is contingent upon future fiscal
appropriations.

I.3 CONFIDENTIALITY OF INFORMATION
The Contractor shall keep all information relating to any employee or customer of the District in
absolute confidence and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm or corporation, in accordance with
the District and federal laws governing the confidentiality of records.
I.4 TIME
Time, if stated in a number of days, will include Saturdays, Sundays, and holidays, unless
otherwise stated herein.

A. Definitions
1. “Products” - A deliverable under any contract that may include commodities, services
and/or technology furnished by or through Contractor, including existing and custom
Products, such as, but not limited to: a) recorded information, regardless of form or t he
media on which it may be recorded; b) document research; c) experimental, developmental,
or engineering work; d) licensed software; e) components of the hardware environment; f)
printed materials (including but not limited to training manuals, system and user
documentation, reports, drawings); g) third party software; h) modifications,
customizations, custom programs, program listings, programming tools, data, modules,
components; and i) any intellectual property embodied therein, whether in tangible or
intangible form, including but not limited to utilities, interfaces, templates, subroutines,
algorithms, formulas, source code, and object code.

2. “Existing Products” - Tangible Products and intangible licensed Products that exist prior
to the commencement of work under the contract. Existing Products must be identified on
the Product prior to commencement of work or else will be presumed to be Custom
Products.
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3. “Custom Products” - Products, preliminary, final, or otherwise, which are created or
developed by Contractor, its subcontractors, partners, employees, resellers, or agents for
the District under the contract.

4. “District” – The District of Columbia and its agencies.

B. Title of Project Deliverables
The Contractor shall acknowledge that it is commissioned by the District to perform services
detailed in the contract. The District shall have ownership and rights for the duration set forth
in the contract to use, copy, modify, distribute, or adapt Products as follows:

1. Existing Products: Title to all Existing Licensed Product(s), whether or not embedded in,
delivered, or operating in conjunction with hardware or Custom Products, shall remain with
Contractor or third- party proprietary owner, who retains all rights, title, and interest
(including patent, trademark, or copyrights). Effective upon payment, the District shall be
granted an irrevocable, non- exclusive, worldwide, paid- up license to use, execute,
reproduce, display, perform, adapt (unless Contractor advises the District as part of
Contractor’s bid that adaptation will violate existing agreements or statutes and Contractor
demonstrates such to the District’s satisfaction), and distribute Existing Product to District
users up to the license capacity stated in the contract with all license rights necessary to
fully effect the general business purpose of the project or work plan or contract. Licenses
shall be granted in the name of the District. The District agrees to reproduce the copyright
notice and any other legend of ownership on any copies authorized under this paragraph.

2. Custom Products: Effective upon Product creation, Contractor shall convey, assign, and
transfer to the District the sole and exclusive rights, title, and interest in Custom Products,
whether preliminary, final, or otherwise, including all patent, trademark, and copyrights.
Contractor shall hereby agree to take all necessary and appropriate steps to ensure that the
Custom Products are protected against unauthorized copying, reproduction, and marketing
by or through Contractor.

C. Transfers or Assignments of Existing or Custom Products by the District
The District may transfer or assign Existing or Custom Products and the licenses thereunder to
another District agency. Nothing herein shall preclude the Contractor from otherwise using the
related or underlying general knowledge, skills, ideas, concepts, techniques, and experience
developed under a project or work plan in the course of Contractor’s business.

D. Subcontractor Rights
Whenever any data, including computer software, is to be obtained from a subcontractor under
the contract, the Contractor shall use this clause, Rights in Data, in the subcontract, without 23
alterations, and no other clause shall be used to enlarge or diminish the District’s or the
Contractor’s rights in that subcontractor data or computer software which is. required for the
District.
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E. Source Code Escrow
1. For all computer software furnished to the District with the rights specified in section B.2,
the Contractor shall furnish to the District, a copy of the source code with such rights of
the scope as specified in section B.2 of this clause. For all computer software furnished to
the District with the restricted rights specified in section B.1 of this clause, the District, if
the Contractor either directly or through a successor or affiliate shall cease to provide the
maintenance or warranty services provided the District under the contract or any paid- up
maintenance agreement, or if the Contractor should be declared insolvent by a court of
competent jurisdiction, shall have the right to obtain, for its own and sole use only, a single
copy of the current version of the source code supplied under the contract, and a single
copy of the documentation associated therewith, upon payment to the person in control of
the source code the reasonable cost of making each copy.

2. If the Contractor or Product manufacturer/developer of software furnished to the District
with the rights specified in section B.1 of this clause offers the source code or source code
escrow to any other commercial customers, the Contractor shall either:
a) provide the District with the source code for the Product;
b) place the source code in a third -party escrow arrangement with a designated escrow
agent who shall be named and identified to the District, and who shall be directed to
release the deposited source code in accordance with a standard escrow arrangement
acceptable to the District; or
c) will certify to the District that the Product manufacturer/ developer has named the
District as a named beneficiary of an established escrow arrangement with its
designated escrow agent who shall be named and identified to the District, and who
shall be directed to release the deposited source code in accordance with the terms of
escrow.

3. The Contractor shall update the source code, as well as any corrections or enhancements
to the source code, for each new release of the Product in the same manner as provided
above and certify such updating of escrow to the District in writing.

F. Indemnification and Limitation of Liability
The Contractor shall indemnify and save and hold harmless the District, its officers, agents and
employees acting within the scope of their official duties against any liability, including costs
and expenses, (i) for violation of proprietary rights, copyrights, or rights of privacy, arising out
of the publication, translation, reproduction, delivery, performance, use or disposition of any
data furnished under this contract, or (ii) based upon any data furnished under this contract, or
based upon libelous or other unlawful matter contained in such data.

I.6 OTHER CONTRACTORS
The Contractor shall not commit or permit any act that will interfere with the performance of work
by another District contractor or by any District employee.
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I.7 SUBCONTRACT
The Contractor hereunder shall not subcontract any of the Contractor’s work or services to any
subcontractor without the prior written consent of the CO. Any work or service so subcontracted
shall be performed pursuant to a subcontract agreement, which the District will have the right to
review and approve prior to its execution by the Contractor. Any such subcontract shall specify
that the Contractor and the subcontractor shall be subject to every provision of this contract.
Notwithstanding any such subcontract approved by the District, the Contractor shall remain liable
to the District for all Contractor's work and services required hereunder.
I.8 INSURANCE

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of insurance
specified below. The Contractor shall submit a Certificate of Insurance to the Contracting
Officer (CO) giving evidence of the required coverage prior to commencing performance under
this contract. In no event shall any work be performed until the required Certificates of
Insurance signed by an authorized representative of the insurer(s) have been provided to, and
accepted by, the CO.
The Government of the District of Columbia shall be included in all policies, where applicable
and allowable by law, required hereunder to be maintained by the Contractor and its
subcontractors (except for workers’ compensation and professional liability insurance) as an
additional insureds for claims against The Government of the District of Columbia relating to
this contract, with the understanding that any affirmative obligation imposed upon the insured
Contractor or its subcontractors (including without limitation the liability to pay premiums)
shall be the sole obligation of the Contractor or its subcontractors, and not the additional
insured. The additional insured status under the Contractor’s and its subcontractors’
Commercial General Liability insurance policies shall be affected using the ISO Additional
Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such
other endorsement or combination of endorsements providing coverage at least as broad and
approved by the CO in writing. All of the Contractor’s and its subcontractors’ liability policies
(except for workers’ compensation and professional liability insurance) shall be endorsed using
ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide primary
coverage (without any right of contribution by any other insurance, reinsurance or self -
insurance, including any deductible or retention, maintained by an Additional Insured) for all
claims against the additional insured arising out of the performance of this Statement of Work
by the Contractor or its subcontractors, or anyone for whom the Contractor or its subcontractors
may be liable. These policies shall include a separation of insureds clause applicable to the
additional insured.

If the Contractor and/or its subcontractors maintain broader coverage and/or higher limits than
the minimums shown below, the District requires and shall be entitled to the broader coverage
and/or the higher limits maintained by the Contractor and subcontractors.
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B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall provide evidence
satisfactory to the CO with respect to the services performed that it carries a CGL policy,
written on an occurrence (not claims -made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as
broad and approved by the CO in writing), covering liability for all ongoing and completed
operations of the Contractor and under all subcontracts, covering claims for bodily injury,
including without limitation sickness, disease or death and mental anguish of any persons,
broad form property damage, including loss of use resulting the refrom, personal and
advertising injury, and including coverage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not
less than $1,000,000 each occurrence, a $2,000,000 general aggregate.
The Commercial General Liability should be further endorsed to:
a) To the fullest extent permitted by law, provide additional insurance coverage using ISO
form CG 2015 0413 (or its equivalent) to The Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self -insurance
available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis (where
applicable)
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence satisfactory to the
CO of commercial (business) automobile liability insurance written on ISO form CA 00 01
10 13 (or another form with coverage at least as broad and approved by the CO in writing)
including coverage for all owned, hired, borrowed and non-owned vehicles and equipment
used by the Contractor in connection with work under this agreement, with a minimum
combined single limit of $1,000,000 for bodily injury or death and property damage,
including loss of use thereof. Such policy or policies of automobile liability insurance shall
be written on an "occurrence" (as opposed to a "claims made") basis.

Auto Physical Damage Coverage - The Contractor shall provide auto physical damage
insurance to cover "loss" to a covered "auto" or its equipment:

a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or earthquake;
flood; mischief or vandalism; or the sinking, burning, collision or derailment of any
conveyance transporting the covered "auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with another object or
the covered "auto's" overturn.
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The Commercial Auto Liability policy shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insurance coverage to The
Government of the District of Columbia;
b) Coverage available to the additional insureds shall apply on a primary and non-
contributing basis as respects any other insurance, deductibles, or self -insurance
available to the additional insureds;
c) A waiver of subrogation in favor of The Government of the District of Columbia;
d) Defense costs shall be in addition to and not erode the limits of liability;
e) If applicable, include Form CA 99 48 03 06 Pollution Liability - Broadened Coverage
for Covered Autos - Business Auto, Motor Carrier and Truckers (or its equivalent).
3. Workers’ Compensation Insurance - The Contractor shall provide evidence satisfactory to
the CO of Workers’ Compensation insurance in accordance with the statutory mandates of
the District of Columbia or the jurisdiction in which the contract is performed.

Employer’s Liability Insurance - The Contractor shall provide evidence satisfactory to the
CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000
per employee for disease; and $500,000 for policy disease limit.

The Workers Compensation and Employers Liability shall be further endorsed to:

a) Include a Waiver of Subrogation in favor of The Government of the District of
Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew members on an “if
any” basis.
4. Technology Liability, Media Liability and Network Security/Privacy (Cyber) Liability
Insurance covering acts, errors, omissions, breach of contract, and violation of any
consumer protection laws arising out of Contractor’s operations or services with a limit of
$1,000,000 per claim and in the aggregate. Such coverage shall include but not be limited
to, third party and first party coverage for loss or disclosure of any data, including personally
identifiable information and payment card information, network security failure, violation
of any consumer protection laws, unauthorized access and/or use or other intrusions,
infringement of any intellectual property rights (except patent), unintentional breach of
contract, negligence or breach of duty to use reasonable c are, breach of any duty of
confidentiality, invasion of privacy, or violations of any other legal protections for personal
information, defamation, libel, slander, commercial disparagement, negligent transmission
of computer virus, or use of computer networks in connection with denial of service attacks.
Such coverage shall include regulatory defense and fines/penalties in any jurisdiction
anywhere in the world. Such coverage shall include contractual privacy coverage for data
breach response and crisis management costs that would be incurred by Contractor on behalf
of The Government of the District of Columbia in the event of a data breach including legal
and forensic expenses, notification costs, credit monitoring costs, and costs to operate a call
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center. Contractor shall maintain coverage in force during the term of this Agreement and
for an extended reporting period of not less than two (2) years after.

5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall provide
Professional Liability Insurance (Errors and Omissions) to cover liability resulting from any
error or omission in the performance of professional services under this Contract. The policy
shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the
Government of the District of Columbia and that continuous coverage will be maintained
or an extended reporting period will be exercised for a period of at least ten years after the
completion of the professional services. Limits may not be shared with other lines of
coverage.

6. Commercial Umbrella or Excess Liability - The Contractor shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with minimum
limits of $5,000,000 per occurrence and $5,000,000 in the annual aggregate, following the
form and in excess of all liability policies. All liability coverage must be scheduled under
the umbrella and/or excess policy. The insurance required under this paragraph shall be
written in a form that annually reinstates all required limits. Coverage shall be primary to
any insurance, self-insurance or reinsurance maintained by The Government of the District
of Columbia and the “other insurance” provision must be amended in accordance with this
requirement and principles of vertical exhaustion.

7. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor shall
provide evidence satisfactory to the CO of environmental liability insurance covering losses
caused by pollution or other hazardous conditions arising from ongoing or completed
operations of the Contractor. Such insurance shall apply to bodily injury, property damage
(including loss of use of damaged property or of property that has been physically injured),
clean-up costs, transit and non-owned disposal sites. Coverage shall extend to defense costs
and expenses incurred in the investigation, civil fines, penalties and damages or settlements.
There shall be neither an exclusion nor a sublimit for mold or fungus -related claims. The
minimum limits required under this paragraph shall be $2,000,000 per occurrence and
$2,000,000 in the annual aggregate. If such coverage is written on a claims-made basis, the
Contractor warrants that any retroactive date applicable to coverage under the policy
precedes the Contractor’s performance of any work under the Contract and that continuous
completed operations coverage will be maintained for at least ten (10) years or an extended
reporting period shall be purchased for no less than ten (10) years after completion.

The Contractor also must furnish to the CO Owner certificates of insurance evidencing
environmental liability insurance maintained by third party transportation and disposal site
operators(s) used by the Contractor for losses arising from facility(ies) accepting, storing or
disposing hazardous materials or other waste as a result of the Contractor’s operations. Such
coverages must be maintained with limits of at least the amounts set forth above.
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The Environmental Liability policy shall be further endorsed to include The Government of
the District of Columbia as an Additional Insured.

C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contractor for work under this agreement shall be
required to have the same insurance required of Contractor. Should the Contractor wish to
propose different insurance requirements than outlined below, then, prior to commencement
of work by the subcontractor, the Contractor shall submit in writing the name and brief
description of work to be performed by the subcontractor on the Subcontractors Insurance
Requirement Template provided to the Office of Risk Management (ORM ). ORM will
determine the insurance requirements applicable to the subcontractor and promptly deliver
such requirements in writing to the Contractor. In either instance, the Contractor must provide
proof of the subcontractor's required insurance prior to commencement of work by the
subcontractor.

D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by
the Government of the District of Columbia.

E. DURATION. The Contractor shall carry all required insurance until all contract work is
accepted by The Government of the District of Columbia and shall carry listed coverages for
ten years for construction projects following final acceptance of the work performed under this
contract and two years for non-construction related contracts.
F. LIABILITY. These are the required minimum insurance requirements established by The
Government of the District of Columbia. However, it is understood that The Government of
the District of Columbia does not in any way represent that the insurance or the limits of
insurance specified herein are sufficient or adequate to protect your interests or liabilities and
will not in any way limit the contractor’s liability under this contract.
G. CONTRACTOR’S PROPERTY. Contractors and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and leased equipment. A
waiver of subrogation shall apply in favor of The Government of the District of Columbia.
H. MEASURE OF PAYMENT. The Government of the District of Columbia shall not make
any separate measures or payment for the cost of insurance and bonds. The Contractor shall
include all of the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensure that all policies provide that the CO shall be
given thirty (30) days prior written notice in the event of cancellation, non-renewal, or material
changes to the extent such cancellation or material changes results in Contractor no long
complying with the above requirements. The Contractor shall provide the CO with ten (10)
days prior written notice in the event of non-payment of premium. The Contractor will also
provide the CO with an updated Certificate of Insurance should its insurance coverages renew
during the contract. The Government of the District of Columbia may reasonably change the
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above insurance coverage requirements during the Term by giving Contractor at least 30 days’
notice of the change. The Contractor must comply, at your expense, and deliver to the CO
evidence of compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days after
execution of this Agreement, certificates of insurance evidencing the required insurance
coverage and endorsements required herein. Contractors must also provide us with evidence
of renewal before the expiration date of each insurance policy. The contractor is responsible
for providing us with 30 days’ advanced written notice if the certificate of insurance by the
insurer has been canceled, reduced in coverage, or otherwise altered. Certificates of insurance
must reference the corresponding contract number. Evidence of insurance shall be submitted
to:

The Government of the District of Columbia
And mailed to the attention of:
Tracy Crump
1200 First Street, NE
Washington, DC 20002
Email: Tracy.Crump@dc.gov

The CO may request, and the Contractor shall promptly deliver updated certificates of
insurance, endorsements indicating the required coverage, and/or certified copies of the
insurance policies. If the insurance initially obtained by the Contractor expires prior to
completion of the contract, renewal certificates of insurance and additional insured and other
endorsements shall be furnished to the CO prior to the date of expiration of all such initial
insurance. For all coverage required to be maintained after completion, an additional certificate
of insurance evidencing such coverage shall be submitted to the CO on an annual basis as the
coverage is renewed (or replaced).

K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of the
District of Columbia may disclose the name and contact information of its insurers to any third
party which presents a claim against The Government of the District of Columbia for any
damages or claims resulting from or arising out of work performed by the Contractor, its
agents, employees, servants or subcontractors in the performance of this contract.

L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be written by insurance companies with an A.M. Best
Insurance Guide rating of at least A- VII or better (or the equivalent by any other rating agency)
and licensed in the District of Columbia.

M. WARRANTIES. When applicable, the Contractor should be named as an additional insured
on the applicable manufacturer’s/distributer’s Commercial General Liability policy using
Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based
form with coverage at least as broad). CO should collect, review for accuracy, and maintain
all warranties for goods and services.
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I.9 EQUAL EMPLOYMENT OPPORTUNITY
In accordance with the District of Columbia Administrative Issuance System, Mayor’s Order 85-
85 dated June 10, 1985, the forms for completion of the Equal Employment Opportunity
Information Report are incorporated herein as Section J.3. An award cannot be made to any offeror
who has not satisfied the equal employment requirements.
I.10 ORDER OF PRECEDENCE
The contract awarded as a result of this RFP will contain the following clause:

ORDER OF PRECEDENCE
A conflict in language shall be resolved by giving precedence to the document in the
highest order of priority that contains language addressing the issue in question. The
following documents are incorporated into the contract by reference and made a part
of the contract in the following order of precedence:

1. An applicable Court Order, if any
2. Contract document
3. Standard Contract Provisions
4. Contract attachments other than the Standard Contract Provisions
5. RFP, as amended.
6. BAFOs (in order of most recent to earliest)
7. Proposal

I.11 DISPUTES
Delete Article 14, Disputes, of the Standard Contract Provisions dated July 2010 for use with
District of Columbia Government Supplies and Services Contracts and substitute the following
Article 14, Disputes, in its place:

14. Disputes
All disputes arising under or relating to the contract shall be resolved as provided herein.

a. Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause,
means a written assertion by the Contractor seeking, as a matter of right, the payment of money
in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under
or relating to the contract. A claim arising under a contract, unlike a claim relating to that
contract, is a claim that can be resolved under a contract clause that provides for the relief
sought by the claimant.

1. All claims by a Contractor against the District arising under or relating to a contract shall
be in writing and shall be submitted to the CO for a decision. The Contractor’s claim shall
contain at least the following:

i. A description of the claim and the amount in dispute.
ii. Data or other information in support of the claim.
iii. A brief description of the Contractor’s efforts to resolve the dispute prior to filing
the claim; and
iv. The Contractor’s request for relief or other action by the CO.
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2. The CO may meet with the Contractor in a further attempt to resolve the claim by
agreement.

3. The CO shall issue a decision on any claim within 120 calendar days after receipt of the
claim. Whenever possible, the CO shall consider factors such as the size and complexity
of the claim and the adequacy of the information in support of the claim provided by the
Contractor.

4. The CO’s written decision shall do the following:
i. Provide a description of the claim or dispute.
ii. Refer to the pertinent contract terms.
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding.
v. If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted.
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the decision
to the Contract Appeals Board.

5. Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the
claim will be deemed to be a denial of the claim and will authorize the commencement of
an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04.

6. If a Contractor is unable to support any part of its claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of the
Contractor, the Contractor shall be liable to the District for an amount equal to the
unsupported part of the claim in addition to all costs to the District attributable to the cost
of reviewing that part of the Contractor’s claim. Liability under this paragraph (a)(6) shall
be determined within six (6) years of the commission of the misrepresentation of fact or
fraud.

7. Pending final decision of an appeal, action, or final settlement, the Contractor shall
proceed diligently with performance of the contract in accordance with the decision of the
CO.

b. Claims by the District against the Contractor: Claim as used in paragraph (b) of this clause,
means a written demand or written assertion by the District seeking, as a matter of right, the
payment of money in a sum certain, the adjustment of contract terms, or other relief arising
under or relating to the contract. A claim arising under a contract, unlike a claim relating to
that contract, is a claim that can be resolved under a contract clause that provides for the relief
sought by the claimant.

1. The CO shall decide all claims by the District against a Contractor arising under or relating
to a contract.
CW131041: FY25 Stickfoot Branch Restoration

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2. The CO shall send written notice of the claim to the Contractor. The CO’s written decision
shall do the following:

i. Provide a description of the claim or dispute.
ii. Refer to the pertinent contract terms.
iii. State the factual areas of agreement and disagreement.
iv. State the reasons for the decision, including any specific findings of fact, although
specific findings of fact are not required and, if made, shall not be binding in any
subsequent proceeding.
v. If all or any part of the claim is determined to be valid, determine the amount of
monetary settlement, the contract adjustment to be made, or other relief to be
granted.
vi. Indicate that the written document is the CO’s final decision; and
vii. (Inform the Contractor of the right to seek further redress by appealing the decision
to the Contract Appeals Board.

3. The CO shall support the decision by reasons and shall inform the Contractor of its rights
as provided herein.
4. Before or after issuing the decision, the CO may meet with the Contractor to attempt to
resolve the claim by agreement.
5. The authority contained in this paragraph (b) shall not apply to a claim or dispute for
penalties or forfeitures prescribed by statute or regulation which another District agency
is specifically authorized to administer, settle or determine.
6. This paragraph shall not authorize the CO to settle, compromise, pay, or otherwise adjust
any claim involving fraud.

c. Decisions of the CO shall be final and not subject to review unless the Contractor timely
commences an administrative appeal for review of the decision, by filing a complaint with the
Contract Appeals Board, as authorized by D.C. Official Code § 2-360.04.

d. Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the CO.

I.12 CHANGES
Delete clause 15, Changes of the Standard Contract Provisions dated July 2010 for use with the
District of Columbia Government Supplies and Services Contracts and substitute the following
clause 15, Changes in its place:

15. Changes:
a. The CO may, at any time, by written order, and without notice of the surety, if any,
make changes to the contract within the general scope hereof. If such a change causes
an increase or decrease in the cost of performance of the contract, or in the time required
for performance, an equitable adjustment shall be made. Any claim for adjustment for
a change within the general scope must be asserted within ten (10) days from the date
the change is ordered; provided, however, that the CO, if he or she determines that the
facts justify such action, may receive, consider and adjust any such claim asserted at
any time prior to the date of final settlement of the contract. If the parties fail to agree

upon the adjustment to be made, the dispute shall be determined as
provided in clause 14 Disputes.

b. The District shall not require the Contractor, and the Contractor shall
not require a subcontractor, to undertake any work that is beyond the
original scope of the contract or subcontract, including work under a
District-issued change order, when the additional work increases the
contract price beyond the not-to-exceed price or negotiated maximum
price of this contract, unless the CO:

1. Agrees with the Contractor, and if applicable, the subcontractor
on a price for the additional work;
2. Obtains a certification of funding to pay for the additional work;
3. Makes a written, binding commitment with the Contractor
to pay for the additional work within 30 days after the
Contractor submits a proper invoice; and
4. Provides the Contractor with written notice of the funding
certification.

c. The Contractor shall include in its subcontracts a clause that requires the
Contractor to:

1. Within 5 business days of its receipt of notice the approved
additional funding provides the subcontractor with notice of the
amount to be paid to the subcontractor for the additional work to
be performed by the subcontractor.
2. Pay the subcontractor any undisputed amount to which the
subcontractor is entitled to for the additional work within 10 days
of receipt of payment from the District; and
3. Notify the subcontractor and CO in writing of the reason the
Contractor withholds
any payment from a subcontractor for the additional work.

d. Neither the District, Contractor, nor any subcontractor may declare
another party to be in default, or assess, claim, or pursue damages for
delays, until the parties agree on a price for the additional work.

I.13 NON-DISCRIMINATION CLAUSE
Delete clause 19, Non-Discrimination Clause, of the Standard Contract Provisions
dated July 2010 for use with District of Columbia Government Supplies and
Services Contracts and substitute the following clause 19, Non-Discrimination
Clause, in its place:

19. Non-Discrimination Clause:
a. The Contractor shall not discriminate in any manner against any
employee or applicant for employment that would constitute a
violation of the District of Columbia Human Rights Act, effective
December 13, 1977, as amended (D.C. Law 2-38; D.C. Official Code

45 | Page

§ 2-1401.01 et seq.) (“Act”, as used in this clause). The Contractor
shall include a similar clause in all subcontracts, except subcontracts
for standard commercial supplies or raw materials. In addition, the
Contractor agrees, and any subcontractor shall agree, to post in
conspicuous places available to employees and applicants for
employment, a notice setting forth the provisions of this non-
discrimination clause as provided in section 251 of the Act.

b. Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175
(10/23/02), Mayor’s Order 2011-155 (9/9/11) and the rules of the
Office of Human Rights, Chapter 11 of Title 4 of the D.C. Municipal
Regulations, the following clauses apply to the contract:

1. The Contractor shall not discriminate against any employee or
applicant for employment because of actual or perceived: race,
color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, gender identity or expression,
family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. Sexual
harassment is a form of sex discrimination which is prohibited by
the Act. In addition, harassment based on any of the above
protected categories is prohibited by the Act.

2. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their actual or perceived: race,
color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, gender identity or expression,
family responsibilities, genetic information, disability,
matriculation, political affiliation, or credit information. The
affirmative action shall include, but not be limited to the
following:

i. employment, upgrading or transfer;
ii. recruitment, or recruitment advertising;
iii. demotion, layoff or termination;
iv. rates of pay, or other forms of compensation; and
v. selection for training and apprenticeship.

3. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided
by the contracting agency, setting forth the provisions in
paragraphs 19(b)(1) and (b)(2) concerning non-discrimination
and affirmative action.

4. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in
paragraph 19(b)(2).

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5. The Contractor agrees to send to each labor union or representative
of workers with which it has a collective bargaining agreement or
other contract or understanding, a notice to be provided by the
contracting agency, advising the said labor union or workers’
representative of that Contractor’s commitments under this
nondiscrimination clause and the Act, and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment.

6. The Contractor agrees to permit access to his books, records, and
accounts pertaining to its employment practices, by the Chief
Procurement Officer or designee, or the Director of the Office of
Human Rights or designer, for purposes of investigation to
ascertain compliance with the Act, and to require under the terms
of any subcontractor agreement, each subcontractor to permit
access of such subcontractors’ books, records, and accounts for such
purposes.

7. The Contractor agrees to comply with the provisions of the Act
and with all guidelines for equal employment opportunity
applicable in the District adopted by the Director of the Office of
Human Rights, or any authorized official.
8. The Contractor shall include in every subcontract the equal
opportunity clause, i.e., paragraphs 19(b)(1) through (b)(9) of this
clause, so that such provisions shall be binding upon each
subcontractor.

9. The Contractor shall take such action with respect to any
subcontract as the CO may direct as a means of enforcing these
provisions, including sanctions for noncompliance; provided,
however, that in the event the Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the Contractor
may request the District to enter into such litigation to protect the
interest of the District.

I.14 COST AND PRICING DATA
Delete Article 25, Cost and Pricing Data, of the Standard Contract Provisions dated
July 2010 for
use with District of Columbia Government Supplies and Services Contracts.
I.15 LOBBYING
The Contractor shall comply with lobbying restrictions found under Section J.8 in
pursuance to
40 CFR Part 34.

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SECTION J: ATTACHMENTS
The following list of attachments is incorporated into the solicitation by reference.

Attachment
Number
Document
J.1
Government of the District of Columbia Standard Contract Provisions for Use with the Supplies and
Services Contracts (July 2010) available at http://ocp.dc.gov, under Quick Links click on “Required
Solicitation Documents”
J.2 U.S. Department of Labor Wage Determination DC20260001 Modification #3 dated January 23, 2026
J.3 Equal Employment Opportunity Employer Information Report and Mayor’s Order 85-85 available at
http://ocp.dc.gov, under Quick Links click on “Required Solicitation Documents”
J.4 N/A
J.5 N/A
J.6 N/A
J.7 N/A
J.8 Certification Regarding Lobbying, Section I.15 click on CERTIFICATION REGARDING
LOBBYING
J.9 Construction Design Plans, Section C.7.5 (See Section 6 Other Attachments, 6.3 Attachment A to
view document).
J.10 Construction Specifications, Section C.13.2 (See Section 6 Other Attachments, 6.4 Attachment B to
view document).
J.11 Stickfoot Branch Environmental Assessment, Section C.5.3 (See Section 6 Other Attachments, 6.5
Attachment C to view document).
J.12 Stickfoot Branch Finding of No Significant Impact (FONSI), Section C.5.3 (See Section 6 Other
Attachments, 6.6 Attachment D to view document).
J.13 Project Signage Requirements: Clean Water Construction Signage, Section C.12.8 (See Section 6
Other Attachments, 6.9 Attachment G to view document)
J.14 N/A
J.15 N/A
J.16 Federal Requirements and Contract Provisions for Work Under the Federal Water Pollution
Control Act, as Amended Federal Insert
J.17
Click link for Clean Water Construction Grant Program - Resources for Contractors and
Subcontractors | doee
J.18
DBRA Requirements for Contracts in Excess of $100,000 Under EPA Grants DBRA Requirements
for Contracts in Excess of $100,000 Under EPA Grants
J.19
DBRA Requirements for Contractors and Subcontractors Under EPA Grants
dbra_requirements_for_contractors_and_subcontractors_under_epa_grants.pdf
J.20 N/A
J.21 Build America, Buy America (BABA) Requirements: View document by clicking link DOEE
BABA Requirements.pdf
J.22 DOEE Stormwater Management Rules: click on link DOEE Stormwater Management Rules