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MURIELBOWSERMAYOR
January29,2025
The Honorable PhilMendelson
Chairman
Councilof theDistrictof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202 of theProcurement PracticesReform Act of 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncilofthe Districtof Columbia is
ContractNo. DCAM-22-AE-RFP-0001 with ShinbergLevinas ArchitecturalDesign,Inc.in the
amountof $1,952,600(includingan existinglettercontractamount of $990,000).
Underthecontract,ShinbergLevinasArchitecturalDesign,Inc.willprovideprofessionaldesignservicesforthenewMetropolitanPoliceDepartment7thDistrictHeadquarters,locatedat2455AlabamaAvenueSE.ThesubstantialcompletiondatefortheprojectisAugust13,2027.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingthiscontract,In
ordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DGS,orhaveyourstaffcontactEricNjonjo,DeputyChiefProcurementOfficer,DGS,
at(202)727-2800.
[lookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
MuifelBolser
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: DCAM-22-AE-RFP-0001 (the “Contract”)
Proposed Contractor: Shinberg/Levinas Architectural Design, Inc.
Proposed Contractor’s Principals: Salo Levinas, Principal in Charge
Contract Amount: $1,952,600.00 ($990,000.00 Letter Contract +
$962,600.00)
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: January 9, 2024 (The date the Letter Contract was
executed) through August 13, 2027 (estimated Substantial
Completion Date)
Type of Contract: Firm Fixed Price
Source Selection Method: Competitive 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:
Not Applicable
(C) The date on which the letter contract or emergency contract was executed:
The Letter Contract was executed on January 9, 2024.
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(D) The number of times the letter contract or emergency contract has been extended:
The Letter Contract has been extended four times. Letter Contract Modification No. 1 was
executed March 26, 2024, and extended the Letter Contract until June 30, 2024. Letter Contract
Modification No. 2 was executed June 28, 2024, and extended the Letter Contract until September
30, 2024. Letter Contract Modification No. 3 was executed September 29, 2024, and extended the
Letter Contract until January 31, 2025. Letter Contract Modification No. 4 was executed January
13, 2025, and extended the Letter Contract until February 28, 2025.
(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:
The Letter Contract was issued with a not-to-exceed amount of $990,000. The not-to exceed
amount has not been increased.
(F) A description of any other contracts the proposed contractor is currently seeking or holds
with the District.:
The Contractor is currently providing architectural and engineering services for the modernization
of the Randall Recreation Center. In addition, the Contractor has responded a Request for
Qualifications issued by the DC Public Library to provide design services for the new Deanwood
Library.
(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:
Shinberg/Levinas Architectural Design, Inc. (the “Contractor”) shall provide a full range of
architectural and engineering services required to build the Metropolitan Police Department
(“MPD”) 7 th District New Facility (“Headquarters”) and Parking Structure (the “Project”) for
MPD’s 7th District Headquarters by replacing the existing facility and parking lot. The proposed
improvements will serve growing operational needs and will align with future MPD departmental
needs. The new Headquarters will include replaced IT infrastructure, address building systems
deficiencies, improve departmental space configuration, and increase energy efficiency. The new
parking structure will improve building security and will provide a safe work environment and
access control. The Project must achieve substantial completion by August 13, 2027.
The Contract contains a not-to-exceed (“NTE”) amount of $1,962,600.00, which is inclusive of the
Letter Contract amount of $990,000.00. As the proposed amount of the Contract exceeds $1
million, Council approval is required for this contract action.
3
(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:
The District of Columbia Department of General Services (the “Department” or “DGS”) on behalf
of MPD, issued RFP No. DCAM -22-AE-RFP-0001 to solicit the services of an
Architectural/Engineering (“A/E”) firm to provide professional design services for the Project. The
RFP was posted on December 7, 2022, on the Department’s website.
A pre -proposal conference was held on December 13, 2022, and site visit was conducted on
December 20, 2022. Five (5) Addenda were issued. Below is a summary of each addendum:
• Addendum No. 1 was issued on December 12, 2022, and provided revised details
regarding the Pre-Proposal Conference.
• Addendum No. 2 was issued on December 28, 2022, and provided list of Pre -proposal
and site visit conference participants.
• Addendum No. 3 was issued on January 10, 2023, and e xtended the Proposal due date
to January 24, 2023 at 4:00 PM.
• Addendum No. 4 was issued on January 20, 2023, and e xtended the Proposal due date to
January 27, 2023, at 4:00 PM.
• Addendum No. 5 was issued on January 25, 2023, and e xtended the Proposal due date to
January 31, 2023, at 4:00 PM, provided the Questions and Answers Spreadsheet, revised
the Form of Offer Letter and Bid Form, provided Existing Drawings, provided the
Facilities Condition Assessment, updated Sections B.1.2.2, B.6, D.3.2, and E.4.1.1 of the
RFP, update the Scope of Work, and updated Section 1.10 of the Form of Contract.
On then proposal due date, January 31, 2023, the Department received eight (8) proposals.
Proposals Evaluations Process:
Proposals were examined to determine the degree each offeror met the requirements of the RFP.
Proposals were evaluated based on the following evaluation factors contained in the RFP on a scale
of zero (0) to one hundred twelve (112) points, which consisted of (100) points for the technical
criteria and up to (12) points based on the Offeror’s status as a certified business enterprise as
determined by the Department of Small and Local Business Development.
- Past performance, previous experience and specialized experience in the type of work
required under this RFP with government entities or private industry in terms of cost control,
quality of work, and compliance with performance schedules – A/E and sub-consultants (0 –
30 Points)
- Professional qualifications, specialized experience and technical competence in the type of
work required under this RFP–Key Personnel (0 – 30 Points)
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- Capacity to accomplish the work in the required time of the RFP – A/E, sub-consultants and
Key Personnel (0 – 10 Points)
- Acceptability of Design Approach and Management Plan (0 – 30 Points)
- Certified Business Enterprise (“CBE”) Preference (0 – 12 Points)
Each Offeror’s proposal was independently evaluated by the Technical Evaluation Panel (TEP).
The TEP evaluated each evaluation factor in accordance with the following rating scale:
0 UNACCEPTABLE Fails to Meet Minimum requirements; e.g., no demonstrated capacity,
major deficiencies which are not correctable; Offeror did not address the
factor.
1 POOR Marginally meets minimum requirements; major deficiencies
2 MINIMALLY
ACCEPTABLE
Marginally meets minimum requirements; minor deficiencies which
may be correctable.
3 ACCEPTABLE Meets requirements and exceeds some requirements; no deficiencies.
4 GOOD Meets requirements and exceeds some requirements; no deficiencies.
5 EXCELLENT Exceeds most, if not all requirements; no deficiencies.
The TEP came together to reach a consensus rating for each offeror. In accordance with DC Code
§ 2–356.04, discussions were held with the three highest rated offerors. On March 30, 2023, all
three offerors provided presentations of their proposal to the panel.
The Contracting Officer conducted negotiations with the highest rated offeror but was unable to
arrive at a fair and reasonable price and therefore entered price negotiations with the second
highest rated offeror, Shinberg/Levinas Architectural Design , Inc. It was further determined that
the proposal offered by Shinberg/Levinas Architectural Design, Inc ., is the most advantageous to
the District. Therefore, the Project was awarded to Shinberg/Levinas Architectural Design, Inc.
(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:
The award of the contract has not been protested.
(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:
The Contractor is a certified Small Business Enterprise (“SBE”), Washington, DC based firm and
has performed satisfactorily on previous projects with the District. The Contractor provides
complete professional architectural services and is dedicated to pursuing design excellence across a
range of project types and scales. The Contractor possesses the financial stability to successfully
perform the Project and has provided a staffing plan for the Project which has been reviewed and
approved by the Department. The Contractor has been determined responsible in accordance with
27 DCMR § 4706.1.
5
(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:
The Contractor’s subcontracting plan meets the minimum requirements of the Act as follows:
Contract Dollar Value: $1,952,600
Contractor Self-Performing Amount: $683,410
Total Available for Subcontracting: $1,269,190
Subcontracting Requirement %: $35% of the total available for subcontracting
Subcontracting Plan Required Dollar Value: $444,216.50
Subcontracting Plan Actual Dollar Value: $935,600
(L) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide the full range of architectural and engineering services
required for the Project necessary to substantially complete the Project no later than August 13,
2027. The Contractor’s performance will be monitored by DGS staff and DGS’ s designated
Program Manager. Additionally, the Contractor must adhere to the terms and conditions of and
the Standard Contract Provisions for use with District of Columbia Government
Architectural/Engineering Services contracts.
(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:
On January 9, 2024, the Department executed a Letter Contract in the amount of $990,000.00.
(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 the proposed Contract’s amount is
consistent the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.
(O) (1) 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:
6
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1- 1163.34a; and will not be in violation of 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 proposed Contract have been deemed legally sufficient by the Department’s Office of the
General Counsel and the Contractor does not appear to have any current 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 in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(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:
The Contractor has certified 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.:
According to the DSLBD’s website, the Contractor is a certified Local, and Resident Owned
Business Enterprise. The Contractor’s CBE Number is LSD68729072027 with an expiration date of
July 8, 2027.
(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:
7
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
(V) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
Not Applicable.
(W) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Department’s website. Copies of contract documents
will be made available on the Department’s website, if approved.
(X) Where the original solicitation, and any amendments or modifications, will be made available
online:
The original solicitation and any amendments to the solicitation can be found at
https://dgs.dc.gov/publication/dcam-22-ae-rfp-0001-architecturalengineering-services-mpd-7th-
district-headquarters-new
1101 4th Street, SW
Washington, DC 20024
Date of Notice: December 8, 2024 L0012882183Notice Number:
FEIN: **-***8462
Case ID: 18380937
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
SHINBERG LEVINAS ARCHITECTURAL DESIGN INC
5101 WISCONSIN AVE NW STE 310
WASHINGTON DC 20016-4138
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Office of the Chief Financial Officer
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson-Beckham
Agency Fiscal Officer
Reference: DCAM-22-AE-RFP-0001 Architectural and Engineering Services –
MPD 7th District Headquarters Renovation
Date: October 31, 2024
Subject: Fiscal Sufficiency Review
___________________________________________________________________________
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state the amount will not unbalance the capital fund for the contract for
Architectural and Engineering (A/E) services for the design of the District’s Metropolitan Police
Department (MPD) 7th District Headquarters in the am ount of One Million Nine Hundred Fifty-
Two Thousand Six Hundred Dollars ($1,952,600.00) is consistent with the Department’s current
budget and adequate funds are available in the budget for “capital eligible” expenditures.
The Department of General Services ( DGS) issued a letter co ntract in the amount of
$990,000.00. The letter contract was funded under PO702826. The Department is now seeking
approval to increase the contract amount by $962,600.00 to $1,952,600.00.
The amount of $ 1,952,600.00 is being certified for capital eligible items. The funding attributes
and the PASS information are provided below.
Page 2 of 2
2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
Project Number/ Name
Subtask
AY
Fund
Detail
Imp.
Agency
Owner
Agency
RK/PO Amount Comments
100024 - AM0.BRM19C.7TH
DISTRICT HQS RENOVATION
01.01
(SDHRA.95101.7TH
DISTRICT HQS
RENOVATION.MODERNI
ZATION PROJECTS)
N/A 3030300 AM0 FA0 PO702826 $990,000.00 Letter
Contract
100024 - AM0.BRM19C.7TH
DISTRICT HQS RENOVATION
01.01
(SDHRA.95101.7TH
DISTRICT HQS
RENOVATION.MODERNI
ZATION PROJECTS)
N/A 3030300 AM0 FA0 RK276980 $962,600.00 Proposed
Increase
Total $1,952,600.00
Antoinette Hudson-Beckham
Agency Fiscal Officer
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
___________________________________________________________________________
3924 Minnesota Avenue NE, 6th Floor Washington DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Proposed Contract for Architectural and Engineering Services MPD 7 th District New
Facility and Parking Structure
Contract Number: DCAM-22-AE-RFP-0001
Contractor: Shinberg/Levinas Architectural Design, Inc.
DATE: January 16, 2025
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced proposed Contract and has
found it to be legally sufficient, subject to submission of : (i) any required materials and Council
approval; (ii) Council’s approval of the same; and ( iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
GOVERNMENT OF THE DISTRICTOF COLUMBIA
DEPARTMENTOFGENERALSERVICES
stxk *
December28,2023
Sentviaemailtosalo@shinberglevinas.com
SaloLevinas
Principal-in-Charge
Shinberg/LevinasArchitecturalDesignInc.
5101WisconsinAveNW #310
WashingtonDC 20016
Reference:RequestforProposalsNo.DCAM-22-AE-RFP-0001(“REP”)-ArchitecturalandEngineeringServicestheMPD 7thDistrictHeadquartersNewFacilityandNewParkingStructure(“Project”)
Subject: NoticetoProceedandLetterContract
DearMr.Levinas.
We refer to the offer submitted by Shinberg/Levinas ArchitecturalDesign Inc. (the
“Architect/Engineer”or “A/E”) in responseto the above-referencedRFP. We are pleasedto
informyouthatthisProjecthasbeenawardedtoShinberg/LevinasArchitecturalDesignIne.andifthislettercontract(“LetterContract”)issignedbytheA/E withoutmodificationofanykind,itwillserveasanoticetoproceedfortheworkdescribedbelow.Thisnoticetoproceedissubjecttothefollowingterms:
1, LetterContract.‘ThisisaLetterContractbetweentheA/E,andtheDistrictofColumbiaGovernment,actingbyandthroughitsDepartmentofGeneralServices(“DGS”orthe“Department”),andshallgovernourrelationshipuntilsuchtimeasafinalcontractisenteredintofortheworkdescribedintheabove-referencedRFP(the“DefinitizedContract");provided
however,thattotheextentanissueis notcoveredinthisLetterContract,theRFPshallgovern,___
‘OncetheDefinitizedContractissignedbytheDepartment,thisLetterContractshallautomaticallyterminate and merge intothe DefinitizedContract.
2. ScopeofWork.TheA/Eisauthorizedtoprovideallprofessionaldesignservices,materials,tools,suppliesandequipmentnecessarytoadvancethedesignandobtainthenecessarypermitsforthe Projectinaccordancewith the Schedule of Values attachedtothisLetterContract
as(ExhibitA).
3. Deliverables.InconnectionwiththeservicesprovidedpursuanttothisLetterContract,the
AJE shallprovide,ata minimum, thedeliverablesinaccordancewiththe requirementsintheRFP
and FormofContract tothe Department’sProgram Manager and inthereferencedinstancestothe
ContractingOfficer.
3924MinnesotaAve,NESthFloor,WashingtonDC20019| Telephone(202)727-2800|Fax(202)727-7283
IntheeventthattheA/Efailstotimelysubmitanysuchdeliverable,theA/EshallpaytotheDepartmentasliquidateddamages($5000)dollarsplus($500)perdayafterreceivingwrittennoticefromeithertheCOTRortheContractingOfficeroffailuretosubmiteachdeliverable.ThisremedyiscumulativeanddoesnotlimitanyotherrightorremedyoftheDepartmentunderthecontractorapplicableDistrictlaw.
4. Not to Exceed Amount. The limitof thisauthorizationisNine Hundred and Ninety
Thousand Dollar ($990,000.00)(the“Not-to-Exceed amount”). In no event shallthe A/E be
entitledto receivemore than thisamount under thisLetterContract.This not-to-exceedamount
includesallcostsincurredby theA/E inconnectionwith thework authorizedhereby. Inno event
shallthe A/E be entitledto receivemore than the Not-To-Exceed Amount under thisLetter
ContractunlessauthorizedinadvanceandinwritingbyadulyauthorizedContractingOfficer.
5. Insurance.AtalltimeswhileworkingunderthisLetterContract,theA/EshallmaintaininsuranceasdescribedintheRFP,AllsuchpoliciesshallbeendorsedtoaddtheDistrictofColumbia,including,butnotlimitedto,itsDepartmentofGeneralServices,andtherespectiveagents,employees,andofficesofeachasadditionalinsureds.
6. Duration,OncesignedbytheAVE,theLetterContractwillbecomeeffectiveonthedatetheLetterContractisexecutedbytheDepartment.ThisLetterContractwillterminateontheearliertooccurofthefollowing:(i)thedatetheDefinitizedContractbecomeseffective;orMarch29,2024.DGSreservestherighttoterminatethisLetterContract,inwholeorpart,forconvenienceinthemannerdescribedintheDGS StandardContractProArchitecturalandEngineeringServicesContracts,attachedas(ExhibitB).
7. UseofDGS"ProjectTeam,TheContractorshallutilizetheDepartment’scurrentprojectmanagementsoftware(“ProjectTeam”)systemtosubmitanyandallProjectDocumentationrequiredtobeprovidedbytheDesign-BuilderfortheProject,including,butnotlimitedto:(i)requestsforinformation;(ii)submittals;(iii)meetingminutes;(iv)invoices/applicationsforpayment(fullpackageincludingallformsrequiredbyDGS);(v)certifiedpayrolls(inadditiontouploadviaLCPTracker);(vi)drawingsandspecifications;(vii)punchlist,and(viii)otherProjectDocumentsasmaybedesignatedbytheDepartment.‘TheDesign-BuilderalsoshallrequireallsubcontractorsandsubconsultantstoutilizeProjectTeamfortheProjectexecution,
ElectronicstorageandtransmissionofinformationviaProjectTeamsystemshallbecompliant
ith-th isions-oftheDi 5 ion-ofth 1RequilPI eq a
8. PurchaseOrderNumber. ThisLetterContractwillbecome effectiveon thedatetheLetter
ContractisexecutedbytheDepartment.TheDepartment’sContracting& ProcurementDivision
willissueapurchaseordernumberwithinfive(5)businessdays.‘Thepurchaseorderwillbesentinaseparatecover.Thatnumbershouldbeincludedinallfutureinvoicesandaccountingrecords.IntheeventthatyoudonotobtainapurchaseordernumberpleasecontacttheContractSpecialistShafiAnwaryshafi.anwary@dc.govdirectlytoobtainthisnumber.
9. OwnershipandUseofDocuments.AlldocumentsandworkproductpreparedbytheA/EshallbecomethepropertyoftheDepartmentuponthepaymentof invoicessubmittedundertheLetterContract.
Page2 of3
200014"St.NW,4"Floor,WashingtonDC20009|Telephone(202)727-2800| Fax(202)727-7283
1/9/24
Page 1 of 30
ARCHITECTURAL AND ENGINEERING SERVICES
FOR MPD 7TH DISTRICT HEADQUARTERS AND PARKING STRUCTURE
BY AND BETWEEN
THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
AND
SHINBERG LEVINAS ARCHITECTURAL DESIGN, INC.
CONTRACT NUMBER:
DCAM-22-AE-RFP-0001
Page 2 of 30
This AGREEMENT (“Agreement” or “Contract”), effective on the date of the last
signature of the Parties (“Effective Date”), is made by and between the DISTRICT OF
COLUMBIA GOVERNMENT, acting by and through its DEPARTMENT OF GENERAL
SERVICES (“District”, “DGS” or the “Department”) and SHINBERG LEVINAS
ARCHITECTURAL DESIGN, INC. (the “Architect/Engineer”, “A/E” or “Contractor”), duly
organized under the laws of the Virginia and with a place of business at 5101 Wisconsin Avenue
NW #310 Washington DC 20016 . The Department and the A/E are referred to herein as the
“Parties” or individually as the “Party”).
WITNESSETH:
WHEREAS, the Department issued a Request for Proposals (“RFP”) dated
December 7, 2022 for architectural/engineering services of the MPD 7th District Headquarters
located at 2455 Alabama Avenue SE, Washington, DC (the “Project”);
WHEREAS, The District of Columbia Metropolitan Police Department (MPD) is
committed to building a new facility and new parking structure by replacing the existing facility
and parking lot. The proposed improvements will serve growing operational needs and will align
with future MPD departmental needs. The new Headquarters wil l replace IT infrastructure,
building systems deficiencies, improve departmental space configuration, and increase energy
efficiency. The new parking structure will improve building security and will provide a safe
work environment and access control.
WHEREAS, the A/E submitted a proposal dated January 31, 2023 , in response to the
Department’s RFP to provide architectural and engineering services;
WHEREAS, the Department selected the A/E to provide all necessary design and
related services for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the A/E wishes to provide all of the design and related services necessary
for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the Department requires that the Project’s design be Substantially Complete
no later than October 5, 2025.
WHEREAS, the Department has retained the services of a Program Manager (the
“Program Manager” or “PM”) to advise it concerning the Project; and
WHEREAS, the Parties entered into a letter contract dated January 9 , 2024 (the “Letter
Contract”) pursuant to which the A/E was authorized to provide preliminary services in
furtherance of the Project.
Page 3 of 30
WHEREAS, The Department intends to implement the construction of the Project through a
design-bid-build delivery method. The Department will engage a general contractor based on the
completed construction documents.
NOW, THEREFORE, the Department and A/E, for the consideration set forth herein,
mutually agree as follows.
ARTICLE 1
GENERAL PROVISIONS
Section 1.1 The A/E shall be responsible for the professional quality, technical accuracy,
and the coordination of all studies, reports, recommendations, and other deliverables furnished
by the A/E for the Project under this Agreement. The A/E shall, without additional
compensation, correct or revise any non-conforming deliverables that are a result of errors,
omissions or both in its deliverables. The A/E shall perform its services consistent with the
professional skill and care ordinarily provided by architects and engineers practicing in the same
or similar locality under the same or similar circumstances. The A/E shall perform its services as
expeditiously as is consistent with such professional skill and care and the orderly progress of the
Project. The A/E shall review all laws, codes, and regulations applicable to the A/E's services. The
A/E shall respond to requirements imposed by governmental authorities having jurisdiction over
the Project.
Section 1.2 The A/E shall not engage in any activity, or accept any employment, interest
or contribution that would reasonably appear to compromise or conflict the A/E’s professional
judgment with respect to this Project.
Section 1.3 Relationships of Parties. The A/E accepts the relationship of trust and
confidence established with the Department by this Agreement, and contracts with the Department
to furnish the A/E’s reasonable skill and judgment and to cooperate with the Project Manager in
furthering the interests of the Department. The A/E shall use its best efforts to perform the required
services in an expeditious and economical manner consistent with the interests of the Department.
The Department shall endeavor to promote harmony and cooperation among the Department, A/E,
Project Manager, and other persons or entities employed by the Department for the Project.
Section 1.3.1 Project Manager. Project Managers (or “PM”) will be assigned to provide
certain project management functions. The Project Manager shall, at all times, act solely for the
benefit of the Department, not the A/E. Although day-to-day communications with the A/E shall
be routed through the Project Manager, only the individual(s) specified as Contracting
Officer(s) in Section 1.3.2 shall have the authority to alter the terms of this Contract. Thus, the
A/E hereby acknowledges and agrees that only a duly authorized Contracting Officer has
the authority to issue Change Orders, Contract Modifications or Change Directives on the
Department’s behalf. Without limiting the generality of the foregoing, it is understood and
agreed that the Project Manager shall not have the authority to alter or modify the terms of the
Contract, including but not limited to increasing the fee or the not-to-exceed amount established
under this Contract. The Project Manager for the Project under this Contract is:
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Jamil Hamilton (Contractor)
Project Manager – Capital Construction Services Division
Department of General Services
3924 Minnesota Avenue NE 5th Floor
Washington, DC 2019
Email: jamil.hamilton@dc.gov
Section 1.3.2 Contracting Officer(s). The Contracting Officer(s) (“CO(s)”) for this
Contract is/are:
James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20009
Email: james.marshall@dc.gov
Eric Njonjo
Deputy Chief Procurement Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20009
Email: eric.njonjo@dc.gov
Section 1.4 Project Description.
MPD desires to create a new 7th District Headquarters and Parking Structure located at 2455
Alabama Ave SE, Washington, DC 20020.
Section 1.5 All deliverables are subject to review and approval by the PM. The A/E shall
prepare, modify, and correct all such non-conforming deliverables in sufficient detail to obtain
final approval under the Contract.
Section 1.6 Neither the District’s review, approval or acceptance of, nor payment for, any
of the services required under this Contract shall be construed as a waiver of any rights under this
Contract or of any cause of action arising out of the performance of this Contract and the A/E shall
be and remain liable to the District in accordance with applicable law for all damages to the District
caused by the A/E's negligent performance of any of the services furnished under this Contract.
Section 1.7 The rights and remedies of the District provided for under this Contract is in
addition to any other rights and remedies provided by law.
Section 1.8 During the performance of work under this Contract, the A/E shall submit a
monthly progress report, completely and clearly stating the current status of the A/E's work under
this Contract. The proposed form of this report shall be submitted for review and approval prior to
the first invoice for partial payment.
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Section 1.9 During the performance of work under this Contract, the A/E shall take notes
and minutes of any meeting attended in connection with the Project, recording any decision
altering, expanding, or deleting any provision which may affect the contractual obligation, and
submit two (2) copies to the PM.
Section 1.10 Key Personnel. The following individuals shall be considered key personnel:
(i) Executive Architect (ii) Project Manager; (iii) Geotechnical Engineer; (iv) Traffic Engineer;
and (v) Permit Expeditor as identified in Exhibit H. The A/E will not be permitted to reassign
any of the key personnel unless the Department approves the proposed reassignment and the
proposed replacement. In the event that any of the key personnel become unavailable to work on
this Project for reasons beyo nd the control of the A/E or its principal c onsultants (i.e. due to
retirement, resignation, termination, etc.), the A/E shall propose a substitute for any such individual
and obtain the Department’s consent to such substitute.
Section 1.11 Schedule. A schedule for the Project is set forth in Exhibit F. The A/E shall
provide the services required hereunder in accordance with this schedule.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 The A/E shall perform the Scope of Work in accordance with the Scope of
Work (Exhibit A1) and Technical Requirements and Submittal Guide (Exhibit A2), Existing
Drawings (Exhibit A3), Facility Condition Assessment (Exhibit A4) the A/E’s Technical Exhibit B1
and Price Proposal (Exhibit B2).
Section 2.2 General Requirements. The work under this contract shall be performed
and documented in a professional manner.
2.2.1 The A/E shall coordinate all work through the Project Manager including but not
limited to all site surveys and other field investigations germane to the work.
2.2.2 The A/E shall check all drawings and specifications for accuracy and detailed
coordination. At the 100% submission, the A/E shall meet with all the appropriate
regulatory agencies to discuss and review the drawings with them for compliance, if
required. Upon complying with the aforementioned requirements, the A/E shall submit the
final documents for peer review by DGS.
2.2.3 A/E shall apply for and obtain a building permit from the Department of Buildings
(DOB), if required, prior to releasing the Final documents for bids. All costs associated
with the work of obtaining the permit shall be included in this proposal. The actual cost of
the permit is not to be included your proposal. The District may require the A/E to pay the
actual cost of the permit and the District will reimburse the same from the Owner’s
allowance specified in Section 3.5 upon submitting the paid invoice.
2.2.4 A/E shall validate and submit to DGS the general contractor’s final as-built drawings
both in hard copies and soft copies. The soft copies shall be in pdf and AutoCAD format.
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The District shall reserve the right to re-use the AutoCAD format drawing submitted. Two
(2) CD copies each of pdf and AutoCAD submittals shall be submitted to DGS. Two (2)
hard copies shall also be submitted.
2.2.5 The A/E may be held financially responsible for all errors and omissions resulting in
a deficient design or changes, including funds spent by the Department to correct the
documents or redesign and complete construction exercise.
Section 2.3 Meeting Minutes. The A/E shall be responsible for acting as recorder for all
meetings with the Government Agencies that he attends. The minutes shall clearly indicate the
meeting number and date, numbering of each issue discussed, including description of the issue,
who is responsible to address, by what date, and date completed. Minutes shall also record all
open items, and will note the schedule of the contract, how far through the contract we are
(including how far over schedule, if applicable), and the financial status of the contract and
payments and a list of open Change Orders and Requests for Information. Memorandum for the
Record of such meetings shall be typewritten and submitted to the Project Manager within five (5)
calendar days from the date of the meeting, for review and approval and for such distribution as
may be required. A/E compensation for performing these services shall be included as part of the
Title I Services, as applicable.
Section 2.4 Licensing, Accreditation and Registration. The A/E and all of its
subcontractors and sub-consultants (regardless of tier) shall comply with all applicable District of
Columbia, state, and federal licensing, accreditation, and registration requirements and standards
necessary for the performance of the contract. Without limiting the generality of the foregoing,
all drawings shall be signed and sealed by a professional architect or engineer licensed in the
District of Columbia.
ARTICLE 3
TYPE OF AGREEMENT, TERM OF AGREEMENT AND COMPENSATION
Section 3.1 Type of Agreement. This is a firm fixed price type of agreement.
Section 3.2 Term of Agreement. The term of this Agreement shall commence on the date
of execution of the Letter Contract and Notice to Proceed (“NTP”) by the Department, if
applicable, or on the Effective Date, as defined in this Agreement, and such term shall continue to
be in effect through the Substantial Completion Date, as achieved by the General Contractor.
Section 3.3 Administrative Term. The Agreement shall have an Administrative Term
that runs from the Substantial Completion Date through the earlier of the following: (i) the Final
Completion Date as achieved by the General Contractor; (ii) the date the A/E executes and submits
a Final release of Liens and Claims in the form and format required by the Contracting Officer.
The Administrative Term is established for the sole purpose of permitting the District’s Office of
the Chief Financial Officer to process payments in the event any payments become due.
Notwithstanding the foregoing, nothing herein shall be construed to: extend the Project Schedule
or deliverable due dates; extend the Substantial Completion Date; extend the Final Completion
Date; and, limit the Department’s ability to assess liquidated damages thereon.
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Section 3.4 Deliverables. Title I services shall be completed by October 5, 2025.
Section 3.5 Value of Agreement. The value of this Agreement is $1,952,600 (“Design
Fee”). This amount includes the following components all in accordance with the A/E’s Technical
Proposal (Exhibit B1) and Price Proposals included as Exhibit B2:
Program of Requirements $98,700
Schematic Design $220,900
Design Development $410,900
Construction Documents $521,500
Bid Phase $68,500
Construction Administration $532,100
Maximum Reimbursable Allowance $100,000
Section 3.5.1 Not-to-Exceed (“NTE”) Amount. Notwithstanding Section 3.5 above, the
A/E will be paid an amount not to exceed $1,952,600 (“NTE Amount”) at this time. Such NTE
Amount includes an allowance for reimbursable expenses (”Reimbursable Allowance”) as
described in Section 3.6. In no event shall the A/E be paid more than this amount unless the A/E
is authorized to exceed this limit in advance and in writing by a DGS Contracting Officer. Any
future increases to the NTE Amount shall be authorized via a modification to this Agreement.
Section 3.6 Compensation for Reimbursable Expenses. Reimbursable expenses are
in addition to compensation for Design Phase Services and Construction Document Services and
include expenses incurred by the A/E and the A/E’s consultants directly related to the Project.
Reimbursable expenses shall include the following:
1. Permits;
2. Transportation and authorized out-of-town travel and subsistence, provided,
however, that local transportation costs (i.e. taxis, parking, etc.) shall not be
reimbursable;
3. Fees paid for securing approval of authorities having jurisdiction over the
Project;
4. Reproductions, plots, standard form documents;
5. Postage, handling and delivery;
6. Expense of overtime work requiring higher than regular rates, if authorized in
advance in writing by the Department, provided, however, that such expenses
shall only be reimbursable to the extent that they were caused by the failure of
the Department to act within timeframes agreed to by the Parties in advance and
in writing; and
7. Additional renderings, models, and mock-ups requested by the Department.
Section 3.7 Use of ProjectTeam. The A/E shall utilize the Department’s ProjectTeam
system to submit any and all documentation required to be provided by the Contractor for the
Project, including, but not limited to, (i) requests for information; (ii) submittals; (iii) meeting
minutes; (iv) proposed Changes; (v) certified payrolls (and at DGS’ option to upload via DOES
LCP Tracker software which the District will make available to the Contractor); (vi) Drawings and
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Specifications; (vii) punch list; (viii) invoices/applications for payment (full package including all
forms required by DGS); and (ix) other documents as may be designated by the Department.
Section 3.7.1 Invoice Submittal. The A/E shall create and submit payment requests in an
electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The A/E shall submit
proper invoices on a monthly basis. To constitute a proper invoice, the A/E shall enter all required
information into the Portal after selecting the applicable purchase order number which is listed on
the A/E’s profile.
Section 3.8 Payment Disputes. Disputes or questions regarding a portion of an invoice
shall not be cause for withholding payment for the remaining portion of the invoice. Time is of
the essence in the performance of the A/E’s obligations under this Agreement.
ARTICLE 4
INSURANCE
Section 4.1 General Requirements. For purposes of Article 4, the term Contractor shall mean
the A/E.
Section 4.1.1 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 have its insurance broker or insurance company submit a Certificate of Insurance
to the 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. All insurance shall be written with financially responsible companies authorized to do
business in the District of Columbia or in the jurisdiction where the work is to be performed and
have an A.M. Best Company rating of A- / VII or higher. Should the Contractor decide to engage
a subcontractor for segments of the work under this contract and 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
by the CA, 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 and the CA. The Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor. If the Contractor decides to
engage a subcontractor without requesting from ORM specific insurance requirements for the
subcontractor, such subcontractor shall have the same insurance requirements as the Contractor.
Section 4.1.2 All required policies shall contain a waiver of subrogation provision in favor
of the Government of the District of Columbia.
Section 4.1.3 The Government of the District of Columbia shall be included in all policies
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
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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 effected 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.
Section 4.1.4 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 Grantee and subcontractors.
Section 4.2 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, including ongoing and completed operations under all subcontracts, and
covering claims for bodily injury, including without limitation sickness, disease or death of any
persons, injury to or destruction of property, including loss of use resulting therefrom, 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 (including a per location or per project aggregate
limit endorsement, if applicable) limit, a $1,000,000 personal and advertising injury limit, and a
$2,000,000 products-completed operations aggregate.
The vendor 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).
DGS should collect, review for accuracy and maintain all warranties for goods and services.
Section 4.3 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
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used by the Contractor, with minimum per accident limits equal to the greater of (i) the limits set
forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000 per occurrence
combined single limit for bodily injury and property damage.
Section 4.4 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.
All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for
the benefit of Government of the District of Columbia.
Section 4.5 Cyber Liability Insurance. The Contractor shall provide evidence
satisfactory to the Contracting Officer of Cyber Liability Insurance, with limits not less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall
include, but not limited to, claims involving infringement of intellectual property, including but
not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private
information, alteration of electronic information, extortion and network security. The policy shall
provide coverage for breach response costs as well as regulatory fines and penalties as well as
credit monitoring expenses with limits sufficient to respond to these obligations. Limits may not
be shared with other lines of coverage. A copy of the cyber liability policy must be submitted to
the Office of Risk Management (ORM) for compliance review.
Section 4.6 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.
Section 4.7 Commercial Umbrella or Excess Liability - The Contractor shall provide
evidence satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s umbrella or excess
liability policy or (ii) $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 coverages 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 District and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.
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Section 4.9 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.
Section 4.10 DURATION. The Contractor shall carry all required insurance until all
contract work is accepted by 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.
Section 4.11 LIABILITIES. These are the required minimum insurance requirements
established by the District of Columbia. HOWEVER, THE REQUIRED MINIMUM
INSURANCE REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT
THE CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.
Section 4.12 CONTRACTOR (A/E)’S PROPERTY. Contractor 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 District of Columbia.
Section 4.13 MEASURE OF PAYMENT. The District shall not make any separate
measure 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.
Section 4.14 NOTIFICATIONS. The Contractor shall ensure that all policies provide
that the CO shall be given thirty (30) days prior written notice in the event of coverage and / or
limit changes or if the policy is canceled prior to the expiration date shown on the certificate. 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.
Section 4.15 CERTIFICATES OF INSURANCE. The Contractor shall submit
certificates of insurance giving evidence of the required coverage as specified in this section prior
to commencing work. Certificates of insurance must reference the corresponding contract number.
Evidence of insurance shall be submitted electronically to james.marshall@dc.gov
:
The CO may request and the Contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, 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).
Section 4.16 DISCLOSURES OF INFORMATION. The Contractor agrees that the
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District may disclose the name and contact information of its insurers to any third party which
presents a claim against the District 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.
Section 4.17 CARRIER RATINGS. All Contractors’ 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 the equivalent by any other rating
agency) and licensed in the in the District.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
Section 5.1 Ownership of Documents. Regardless of whether the Project is completed,
any design documents, specifications, reports, studies, and other work prepared by the A/E and the
A/E’s subconsultants engaged by the A/E, and all other documents created in association with the
Project shall become the sole property of the Department upon full payment of A/E’s fees then
due under this Agreement, and shall not to be used by the A/E its sub-consultants on other projects,
or for additions to this Project outside the Scope of Work, without the specific written consent of
the Department. However, the Department expressly acknowledges and agrees that the documents
to be provided by the A/E under this Agreement may contain design details, features and concepts
including some from the A/E’s library, which collectively form part of the design for the project,
but which separately are and shall remain the sole and exclusive property of the AA/E. These
details are repetitive in nature, not Project specific, function rather than form-oriented, and were
not developed for or identifiable with the Project. Nothing herein shall be construed as a limitation
on the A/E’s absolute right to re-use such component design details, features and concepts on other
projects, in other contexts or for other clients.
The Department shall be under no obligation to account to the A/E for any profits obtained by the
Department as a result of the Project, or the use of such drawings, specifications and other
documents in connection with the Project. In the event that the Agreement is terminated prior to
completion of the Project or the A/E is unable to complete this Project for any reason, the
Department shall have the right to use without the A/E’s consent, and the A/E shall deliver to the
Department and/or its designee within two (2) calendar days after such termination or inability, all
such drawings, specifications and other documents as well as design concepts and details in
connection with the Project or necessary for the Department’s completion of this Project (including
subsequent phases thereof), so long as the Department has paid the A/E all fees then owed to
the A/E under this Agreement. The Department’s rights hereunder shall extend to its successors
and assigns and the A/E’s obligation to deliver such drawings, specifications, and documents.
Any use of the documents without the A/E or the A/E’s consultants’ involvement shall be at the
Department’s sole risk and without liability to the A/E or the A/E’s consultants. Unless
Department fails hereunder to pay A/E therefor, the Department shall be deemed the owner of such
drawings, specifications, and other documents and shall have and retain all rights therein. In the
event Department is adjudged to have failed hereunder to pay A/E for such drawings,
specifications or other documents, ownership thereof, and all rights therein, shall revert to the A/E.
This provision shall survive termination of this Agreement.
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ARTICLE 6
CLAIMS AND DISPUTES
Section 6.1 All claims or disputes arising out of or under this Agreement shall be governed
by the terms of the Standard Contract Provisions, Article 9 as specified in Exhibit G.
ARTICLE 7
ECONOMIC INCLUSION PROVISIONS
Section 7.1 CBE Utilization
Section 7.1.1 If the A/E subcontracts any part of its work under this Agreement, the A/E
shall subcontract at least 35% of the dollar volume to certified small business enterprises;
provided, however, that the costs of materials, goods and supplies shall not be counted towards the
35% subcontracting requirements unless such materials, goods and supplies are purchased from
the certified small business enterprises.
Section 7.2 Mandatory Subcontracting Plan and Requirements. The mandatory
subcontracting requirements are as follows:
(a) Unless the Director of the Department of Small and Local Business
Development (DSLBD) has approved a waiver in writing in accordance with
D.C. Official Code § 2-218.51, for all contracts in excess of $250,000, at least
35% of the dollar volume of the contract shall be subcontracted to qualified
small business enterprises (SBEs).
(b) If there are insufficient SBEs to completely fulfill the requirement of paragraph
(a), then the subcontracting may be satisfied by subcontracting 35% of the
dollar volume to any qualified certified business enterprises (CBEs); provided,
however, that all reasonable efforts shall be made to ensure that SBEs are
significant participants in the overall subcontracting work.
(c) A prime contractor that is certified by DSLBD as a small, local or
disadvantaged business enterprise shall not be required to comply with the
provisions of sections (a) and (b) above.
(d) Except as provided in (e) and (f) below, a prime contractor that is a CBE and
has been granted a bid preference pursuant to D.C. Official Code § 2-218.43,
or is selected through a set-aside program, shall perform at least 35% of the
contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be
subject to enforcement actions under D.C. Official Code § 2-218.63.
(e) A prime contractor that is a certified joint venture and has been granted a
proposal preference pursuant to D.C. Official Code § 2-218.43, or is selected
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through a set-aside program, shall perform at least 50% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A certified joint venture prime
contractor that performs less than 50% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code § 2-218.63.
(f) Each CBE utilized to meet these subcontracting requirements shall perform at
least 35% of its contracting effort with its own organization and resources.
(g) A prime contractor that is a CBE and has been granted a proposal preference
pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside
program, shall perform at least 50% of the on-site work with its own
organization and resources if the contract is $1 million or less.
Section 7.3 Subcontracting Plan.
The A/E’s Subcontracting Plan is provided in Exhibit J. The plan shall only be amended
with the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar
volume of the subcontracted portion resulting from an amendment of the plan shall inure to the
benefit of the District.
Section 7.4 Copies of Subcontracts. Within twenty-one (21) days of the date of award,
the Contractor shall provide fully executed copies of all subcontracts identified in the
subcontracting plan (Exhibit J) to the Contracting Officer (CO), City Administrator (CA), District
of Columbia Auditor and the Director of DSLBD.
Section 7.5 Subcontracting Plan Compliance Reporting. If the A/E has a subcontracting
plan required by law for this Contract, the A/E shall submit a quarterly report to the CO, City
Administrator (CA), District of Columbia Auditor and the Director of DSLBD. The quarterly
report shall include the following information for each subcontract identified in the subcontracting
plan:
(a) The price that the prime contractor will pay each subcontractor under the
subcontract;
(b) A description of the goods procured or the services subcontracted for;
(c) The amount paid by the prime contractor under the subcontract; and
(d) A copy of the fully executed subcontract, if it was not provided with an
earlier quarterly report.
Section 7.6 If the fully executed subcontract is not provided with the quarterly report, the
prime contractor will not receive credit toward its subcontracting requirements for that subcontract.
Section 7.7 Annual Meetings. Upon at least 30-days written notice provided by DSLBD,
the Contractor shall meet annually with the CO, CA, District of Columbia Auditor and the Director
of DSLBD to provide an update on its subcontracting plan.
Section 7.8 DSLBD Notices. The A/E shall provide written notice to the DSLBD and the
District of Columbia Auditor upon commencement of the Agreement and when the Agreement is
completed.
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Section 7.9 Enforcement and Penalties for Breach of Subcontracting Plan.
Section 7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by
law, if the A/E (i) fails to submit subcontracting plan monitoring or compliance reports or other
required subcontracting information in a reasonably timely manner; (ii) submits a monitoring or
compliance report or other required subcontracting information containing a materially false
statement; or (iii) fails to meet its subcontracting requirements.
Section 7.9.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a Contract shall be subject to the imposition of penalties,
including monetary fines in accordance with D.C. Official Code § 2-218.63.
Section 7.9.3 If the CO determines the A/E’s failure to be a material breach of the
Contract, the CO shall have cause to terminate the Contract for default pursuant to the terms set
forth in the Standard Contract Provisions Article 8, Default.
Section 7.9.4 Neither the A/E nor its subconsultant may remove a subcontractor or tier-
subcontractor if such subcontractor or tier-subcontractor is certified as an LSDBE company
unless the Department approves of such removal, in writing. The Department may condition its
approval upon the A/E developing a plan that is, in the Department’s sole and absolute
judgment, adequate to maintain the level of LSDBE participation on the Project.
Section 7.10 Equal Employment Opportunity and Hiring of District Residents
Section 7.10.1 The A/E shall comply with applicable laws, regulations and special
requirements of the contract documents regarding equal employment opportunity and
affirmative action programs. 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 Exhibit I. A
contract award cannot be made to any contractor that has not satisfied the equal employment
requirements.
Section 7.10.2 The A/E shall ensure that at least fifty-one percent (51%) of the A/E’s
team and every subconsultants and subcontractor’s employees hired after the effective date of
the Agreement, or after such subconsultant or subcontractor enters into a contract with the A/E,
to work on the Project shall be residents of the District of Columbia. This percentage shall be
applied in the aggregate, and not trade by trade. In addition, the A/E shall use commercially
reasonable best efforts to comply with the workforce percentage goals established by the
recently adopted amendments to the First Source Employment Agreement Act of 1984 (D.C.
Code §§ 2-219.01 et seq.) and any implementing regulations, including, but not limited to the
following requirements:
(i) At least 20% of journey worker hours by trade shall be performed by District
residents;
(ii) At least 60% of apprentice hours by trade shall be performed by District
residents;
(iii)At least 51% of the skilled laborer hours by trade shall be performed by
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District residents; and
(iv) At least 70% of common laborer hours shall be performed by District residents.
Section 7.10.3 Thirty five percent (35%) of all apprentice hours worked on the Project
shall be worked by District residents.
Section 7.11 Economic Inclusion Reporting Requirements
Section 7.11.1 Upon execution of the Agreement, the A/E and all its member firms, if
any, and each of its Subcontractors shall submit to the Department a list of current employees
and apprentices that will be assigned to the Agreement, the date they were hired and whether or
not they live in the District of Columbia.
Section 7.11.2 The A/E and its constituent entities shall comply with subchapter X of
Chapter II Title 2, and subchapter II of Chapter 11 of Title 1 of the D.C. Code, and all successor
acts thereto and the rules and regulations promulgated thereunder. The A/E and all member firms
and Subcontractors shall execute a First Source Agreement with the District of Columbia
Department of Employment Services (“DOES”) prior to beginning work at the Project site.
Section 7.11.3 The A/E shall maintain detailed records relating to the general hiring
of District of Columbia and community residents.
Section 7.11.4 The A/E shall be responsible for: (i) including the provisions of this
Section 7.11 in all subcontracts; (ii) collecting the information required in this Section 7.11 from
its Subcontractors; and (iii) providing the information collected from its Subcontractors in any
reports required to be submitted by the A/E pursuant to this Section 7.11.
Section 7.11.5 Service Contract Act Provision. The A/E agrees that the work performed
under this Agreement shall be subject to the Service Contract Act Wage Determination in effect
on the date this Agreement is effective. Service Contract Wage Schedules are available at
wdol.gov, Exhibit E. Notwithstanding the terms of the Standard Contract Provisions, the Davis-
Bacon Act is not applicable to this Agreement.
Section 7.11.6 Living Wage Act. In addition to the requirements set forth in the First
Source Employment Agreement, the A/E shall comply with all applicable provisions of the
Living Wage Act of 2006, Exhibit C, as amended (codified at D.C. Official Code §§ 2-220.01
et seq.) and its implementing regulations.
Section 7.11.7 Apprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2-156,
(as amended, the Act) as amended shall apply to this Project. All subcontractors selected to
perform work on the Project on a craft-by-craft basis shall be required to comply with the Act. All
terms and conditions of the D.C. Apprenticeship Council Rules and Regulations shall be
implemented. The Contractor shall be liable for any subcontractor non-compliance.
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ARTICLE 8
MISCELLANEOUS PROVISIONS
Section 8.1 Conformance with Laws. It shall be the responsibility of the A/E to
perform under the Contract in conformance with the Department’s Procurement Regulations and
all applicable District and federal statutes, laws, codes, ordinances, regulations, rules,
requirements, orders, and policies of governmental bodies. This Agreement shall be governed by
the laws of the District of Columbia.
Section 8.2 The Department and A/E, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns of such other party with respect to all covenants of this Agreement.
The A/E shall not assign this Agreement without the written consent of the Department.
Section 8.3 Nothing contained in this Agreement shall create a contractual relationship
with or a cause of action in favor of a third party against either the Department or AA/E.
Section 8.4 Unless otherwise required in this Agreement, the A/E shall have no
responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons
to, hazardous materials or toxic substances in any form at a Project site.
Section 8.5 The A/E shall have the right to include photographic or artistic
representations of the Project among the A/E’s promotional and professional materials. If
applicable, the A/E shall be given reasonable access to the completed Project to make such
representations. However, the A/E’s materials shall not include the Department’s confidential or
proprietary information if the Department has previously advised the A/E in writing of the specific
information considered by the Department to be confidential or proprietary. The Department shall
provide professional credit for the A/E in the Department’s promotional materials for the Project.
Section 8.6 In accordance with Section 8.10 below, if the A/E or Department receives
information specifically designated by the other party as “confidential” or “business proprietary,”
the receiving party shall keep such information strictly confidential and shall not disclose it to any
other person except to (1) its employees, (2) those who need to know the content of such
information in order to perform services or construction solely and exclusively for the Project, or
(3) its consultants and contractors whose contracts include similar restrictions on the use of
confidential information.
Section 8.7 The A/E agrees to indemnify and hold the Department, the Department’s
Representative and the Department’s officers, agents and employees harmless from and against all
claims, liabilities, demands, losses, damages, judgments, costs, or expenses, including reasonable
attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are
caused by the negligent acts or omissions of the A/E, its employees and its consultants in the
performance of professional services pursuant to this Agreement.
Section 8.8 The A/E agrees to indemnify and hold the Department and the Department’s
Representative harmless from and against any and all claims, liabilities, demands, losses, damages,
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costs, or expenses arising from the A/E’s failure to perform its obligations pursuant to agreements
with third parties, including, but not limited to, subconsultants, made in order to provide the
services required of the A/E under this Agreement.
Section 8.9 The A/E shall pay for and defend all such suits or claims arising out of the
Work for infringement of any patent rights or copyrights and hold the Department and
Department’s Representative harmless from loss on account thereof.
Section 8.10 Confidentiality. The A/E shall maintain the confidentiality of information
specifically designated as confidential by the Department, unless withholding such information
would violate the law, create the risk of significant harm to the public or prevent the A/E from
establishing a claim or defense in an adjudicatory proceeding. The A/E shall require of the A/E’s
consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the Department.
Section 8.11 Extent of Agreement. This Agreement, which includes the terms set forth
in the RFP, the Exhibits hereto, and other documents incorporated herein by reference, represents
the entire and integrated agreement between the Department and the A/E and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Department’s CO and the A/E.
Section 8.12 Non-Discrimination in Employment Provisions
Section 8.12.1 The A/E agrees to take affirmative action to ensure that applicants are
employed and that employees are treated during employment, without regard to their race, color,
religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family
responsibilities, matriculation, political affiliation, or physical handicap. The affirmative action
shall include, but not be limited to, the following:
Section 8.12.1.1 Employment, upgrading, or transfer;
Section 8.12.1.2 Recruitment or recruitment advertising;
Section 8.12.1.3 Demotion, layoff, or termination;
Section 8.12.1.4 Rates of pay, or other forms of compensation; and
Section 8.12.1.5 Selection for training and apprenticeship.
Section 8.12.2 Unless otherwise permitted by law and directed by the Department, the A/E agrees
to post in conspicuous places, available to employees and applicants for employment,notices
to be provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.
Section 8.12.3 The A/E shall, in all solicitations or advertisements for employees placed
by or on behalf of the A/E; state that all qualified applicants will receive consideration for
employment pursuant to the non-discrimination requirements set forth in this Section.
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Section 8.12.4 The A/E 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 Department, advising each labor union or workers' representative of the A/E's
commitments under this Section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
Section 8.12.5 The A/E agrees to permit access by the Department to all books, records
and accounts pertaining to its employment practices for purposes of investigation to ascertain
compliance with this Section, and shall post copies of the notices in conspicuous places available
to employees and applicants for employment.
Section 8.12.6 The A/E shall include in every subcontract the equal opportunity clauses of
this Section so that such provisions shall be binding upon each Sub A/E or vendor.
Section 8.12.7 The A/E shall take such action with respect to any Sub A/E as the CO may
direct as a means of enforcing these provisions, including sanctions for non-compliance.
Section 8.13 False Claims Act. A/E shall be governed by all laws and regulations
prohibiting false or fraudulent statements and claims made to the government, including the
prescriptions set forth in District of Columbia Official Code §§ 2-308.14 and 22-2405.
Section 8.14 Interpretation of Contract. All of the documents comprising the Contract
should be read as complementary, so that what is called for by one is called for by all. Ambiguities
should be construed in favor of a broader scope of work for the A/E, as the intent of the Contract
is, with specific identified exceptions, to require the A/E to assume entire responsibility for
construction of the Project. If there is any inconsistency among the documents comprising the
Contract, the order of precedence among them is as follows, with the first listed document having
the highest priority: this Agreement and its Exhibits, the General Conditions, and the Construction
Documents released by the Department. Any Change Order issued and executed by the
Department shall supersede those portions of earlier dated contract documents to which it pertains.
Section 8.15 Independent Contractor. In carrying out all its obligations under the
Contract, the A/E shall be acting as an independent Contractor, and not as an employee or agent
of the Department, or joint venture or partner with the Department. The A/E shall have exclusive
authority to manage, direct, and control the Work, and shall be responsible for all construction
means, methods, techniques, sequences, and procedures, as well as for Project safety.
Section 8.16 Terms in this Agreement shall have the same meaning as construed under
District law.
Section 8.17 Confidential Information. In the course of the A/E's performance of the
Work, the Department may make available to the A/E information that the Department designates
as trade secrets or other confidential engineering, technical and business information. As long as,
and to the extent that, such information remains confidential and available to others only with the
consent of the Department, or is not generally available to the public from other sources, the A/E
shall maintain such information in strict confidence and shall not disclose any such information to
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others (including its employees or Subcontractors), except to the extent necessary to enable the
A/E to carry out the Project. The A/E shall similarly obligate any and all persons to whom such
information is necessarily disclosed to maintain the information in strict confidence. The A/E
agrees that, in the event of any breach of this confidentiality obligation, the Department shall be
entitled to equitable relief, including injunctive relief or specific performance, in addition to all
other rights or remedies otherwise available.
Section 8.18 No Third-Party Beneficiary Rights. Nothing in this Agreement shall be
construed as creating third-party beneficiary rights in any person or entity, except as otherwise
expressly provided in this Agreement.
Section 8.19 Media Releases. Neither the A/E, its employees, agents or Subcontractors
or material suppliers shall make any press release or similar media release related to the Project
unless such press release have been discussed with the Department prior to its issuance.
Section 8.20 Construction. This Agreement shall be construed fairly as to all parties
and not in favor of or against any party, regardless of which party prepared the Agreement.
Section 8.21 Notices. All notices or communications required or permitted under the
Contract shall be in writing and shall be hand delivered or sent by tele-copier or by recognized
overnight carrier to the intended recipient at the address stated below, or to such other address as
the recipient may have designated in writing. Any such notice or communication shall be deemed
delivered as follows: if hand delivered, on the day so delivered, if sent by tele-copier, on
confirmation of successful transmission, and if sent by recognized overnight carrier, the next
business day.
If to the Department:
James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20019
If to the A/E:
Salo Levinas
President
Shinberg Levinas Architectural Design, Inc.
5101 Wisconsin Avenue NW #310
Washington, DC 20016
This Paragraph shall be read as imposing minimum requirements for distribution of required
contractual notices, and not as displacing distribution requirements with respect to design
documents, construction submittals, periodic reports, and other documents.
Section 8.22 Limitations. The A/E agrees that any statute of limitations applicable to
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any claim or suit by the Department arising from this Contract or its breach shall not begin to run,
or shall be deemed to be tolled, until Final Completion or, with respect to latent defects or
nonconformities, such later time as the Department knew or should have known of the defect or
nonconformity.
Section 8.23 Binding Effect; Assignment. The Contract shall inure to the benefit of,
and be binding upon and enforceable by, the parties and their respective successors and permitted
assigns. The A/E acknowledges that, in entering into the Contract, the Department is relying on
the particular qualifications of the A/E, and the A/E therefore shall not delegate or assign any of
its duties or obligations under the Contract, except in accordance with the Contract's provisions
relating to subcontracting, or pursuant to the Department's prior written consent. The A/E shall
not assign its rights under the Contract, including the right to all or a portion of its compensation,
without the Department's prior written consent. Any delegation or assignment made contrary to
the provisions of this Paragraph shall be null and void.
Section 8.24 Survival. All agreements warranties, and representations of the A/E
contained in the Contract or in any certificate or document furnished pursuant to the Contract shall
survive termination or expiration of the Contract.
Section 8.25 No Waiver. If the Department waives any power, right, or remedy arising
from the Contract or any applicable law, the waiver shall not be deemed to be a waiver of the
power, right, or remedy on the later recurrence of any similar events. No act, delay, or course of
conduct by the Department shall be deemed to constitute the Department's waiver, which may be
effected only by an express written waiver signed by the Department.
Section 8.26 Remedies Cumulative. Unless specifically provided to the contrary in the
Contract, all remedies set forth in the Contract are cumulative and not exclusive of any other
remedy the Department may have, including, without limitation, at law or in equity. The
Department's rights and remedies will be exercised at its sole discretion, and shall not be regarded
as conferring any obligation on the Department's to exercise those rights or remedies for the benefit
of the A/E or any other person or entity.
Section 8.27 Headings/Captions. The headings or captions used in this Agreement or
its table of contents are for convenience only and shall not be deemed to constitute a part of the
Contract, nor shall they be used in interpreting the Contract.
Section 8.28 The Quick Payment Act
Section 8.28.1 Interest Penalties to Contractors
Section 8.28.1.1 The District will pay interest penalties on amounts due to the A/E under
the Quick Payment Act, D.C. Official Code §2-221.01 et seq., for the period beginning on the
day after the required payment date and ending on the date on which payment of the amount is
made. Interest shall be calculated at the rate of 1% per month. No interest penalty shall be paid
if payment for the completed delivery of the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
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b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
Section 8.28.1.2 Any amount of an interest penalty which remains unpaid at the end
of any 30-day period shall be added to the principal amount of the debt and thereafter interest
penalties shall accrue on the added amount.
Section 8.28.2 Payments to subcontractors
Section 8.28.2.1 The A/E must take one of the following actions within seven (7) days of
receipt of any amount paid to the A/E by the District for work performed by any subcontractor
under this Agreement:
a) Pay the subcontractor for the proportionate share of the total payment received
from the District that is attributable to the subcontractor for work performed under the
Agreement; or
b) Notify the District and the subcontractor, in writing, of the A/E’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the nonpayment.
Section 8.28.2.2 The A/E must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment is due and
ending on the date on which the payment is made. Interest shall be calculated at the rate of 1%
per month. No interest penalty shall be paid on the following if payment for the completed
delivery of the item of property or service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.
Section 8.28.2.3 Any amount of an interest penalty which remains unpaid by the A/E 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.
Section 8.28.2.4 A dispute between the A/E and subcontractor relating to the amounts
or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick
Payment Act does not constitute a dispute to which the District of Columbia is a party. The
District of Columbia may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.
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Section 8.28.3 Subcontract flow-down requirements
Section 8.28.3.1 The A/E 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).
Section 8.28.4 Requirements for Change Order Payments
Section 8.28.4.1 The Department and the A/E are prohibited from requiring a prime
contractor (the A/E in this Agreement) or a subcontractor to undertake any work that is
determined to be beyond the original scope of the prime contractor's or a subcontractor's
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 the underlying contract, unless the CO:
(i) Agrees with the prime contractor and, if applicable, the subcontractor on a price for
the additional work;
(ii) Obtains a certification from the Chief Financial Officer that there are sufficient
funds to compensate the prime contractor and, if applicable, the subcontractor for the
additional work;
(iii) Has made a written, binding commitment with the prime contractor to pay for the
additional work within 30 days after the prime contractor submits a proper invoice for the
additional work to the CO; and
(iv) Gives written notice of the funding certification from the Chief Financial Officer
to the prime contractor;
Section 8.28.4.2 The A/E is required to include in its subcontracts a clause that requires
the prime contractor to:
(i) Within 5 business days of receipt of the notice required under subparagraph (A)(iv)
of this paragraph, provide the subcontractor with notice of the approved amount to be paid to
the subcontractor based on the portion of the additional work to be completed by the
subcontractor;
(ii) Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for any additional work within 10 days of receipt of payment for the additional work from the
District; and
(iii) If the prime contractor withholds payment from a subcontractor, notify the
subcontractor in writing and state the reason why payment is being withheld and provide a copy
of the notice to the CO; and
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Section 8.28.4.3 The Department, A/E, prime contractor, or a subcontractor are prohibited
from declaring another party to the contract to be in default or assessing, claiming, or pursuing
damages for delays in the completion of the construction due to the inability of the parties to agree on a
price for the additional work.
Section 8.29 Entire Agreement; Modification. The Contract supersedes all
contemporaneous or prior negotiations, representations, course of dealing, or agreements, either
written or oral. No modifications to the Contract shall be effective unless made in writing signed
by both the Department and the A/E, unless otherwise expressly provided to the contrary in the
Contract.
Section 8.30 Severability. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement,
and in lieu of each such invalid, illegal or unenforceable provision, there shall be added
automatically as a part of this Agreement a provision as similar in terms to such invalid, illegal or
unenforceable provision as may be possible and be valid, legal and enforceable; each part of this
Agreement is intended to be severable.
ARTICLE 9
GOVERNMENTAL PROVISIONS
Section 9.1 Buy American Act Provision. The A/E shall not design or specify a
proprietary product that does not comply with the provisions of the Buy American Act (41 U.S.C.
§ 10a). The Trade Agreements Act and the North American Free Trade Agreement (NAFTA)
provide that designated country (as defined in FAR 25.401) and NAFTA country construction
materials are exempted from application of the Buy American Act and are therefore acceptable
hereunder.
Section 9.1.1 In accordance with the Buy American Act (41 U.S.C. § l0a-l0d), and
Executive Order 10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by
Executive Order 11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the A/E agrees that
only domestic construction material will be specified in the performance of the Agreement, except
for non-domestic material listed in the Agreement.
“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.
“Domestic end product”, as used in this section, means, (1) an unmanufactured end product
mined or produced in the United States, or (2) an end product manufactured in the United
States, if the cost of its components mined, produced, or manufactured in the United States,
exceeds 50 percent of the cost of all its components.
Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the Unites States is
considered domestic.
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“End Products”, as used in this Section, means those articles, materials, and supplies to be
acquired for public use under this Contract.
The A/E shall specify only domestic end products, except those:
i. For use outside the United States;
ii. That the District determines are not mined, produced, or manufactured in the
Unites States in sufficient and reasonably available commercial quantities of a
satisfactory quality;
iii. For which the District determines that domestic preference would be inconsistent
with the public interest; or
iv. For which the District determines the cost to be unreasonable.
Section 9.1.2 Domestic Construction Material. “Construction material” means
any article, material or supply brought to the construction site for incorporation in the
building or work. An unmanufactured construction material is a “domestic construction
material” if it has been mined or produced in the United States. A manufactured
construction material is a “domestic construction material” if it has been manufactured in
the United States and if the cost of its components which have been mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components.
“Component” means any article, material, or supply directly incorporated in a construction
material.
Section 9.1.3 Domestic Component. A component shall be considered to have
been “mined, produced, or manufactured in the United States” regardless of its source, in
fact, if the article, material or supply in which it is incorporated was manufactured in the
United States and the component is of a class or kind determined by the Government to
be not mined, produced or manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality.
Section 9.1.4 Foreign Material. When steel materials are used in a project a
minimal use of foreign steel is permitted. The cost of such materials cannot exceed on-
tenth of one percent of the total project cost, or $2,500,000, whichever is greater.
Section 9.2 Laws and Regulations Incorporated by Reference. All federal and District
of Columbia laws and regulations, and all Department procedures now or hereafter in effect,
whether or not expressly provided for or referred to in the Contract, are incorporated by reference
herein and shall be binding upon the A/E and the Department. It shall be the responsibility of
the A/E to perform the Contract in conformance with the Department’s procurement regulations
and all statutes, laws, codes, ordinances, regulations, rules, requirements, and orders of
governmental bodies, including, without limitation, the U.S. Government and the District of
Columbia government; and it is the sole responsibility of the A/E to determine the procurement
regulations, statutes, laws, codes, ordinances, regulations, rules, requirements, and orders that
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apply and their effect on the A/E ’s obligations thereunder. However, if the application of a future
law or regulation requires the A/E to undertake additional work that is materially different in
scope than that presently contemplated or required, the A/E shall be entitled to an equitable
adjustment for such additional work.
Section 9.3 Retention of Records: Inspections and Audits. The A/E shall maintain
books, records, documents and other evidence directly pertinent to performance under the
Agreement in accordance with generally accepted professional practice and appropriate
accounting procedures and practices consistently applied in effect on the date of execution of the
Agreement.
Section 9.3.1 The A/E shall also maintain the financial information and data used in
the preparation and support of the costing and cost summary submitted to the Department and the
required cost submissions in effect on the date of execution of the Department.
Section 9.3.2 The Department, the District of Columbia government, the Comptroller
General of the United States, the U.S. Department of Labor and any of their authorized
representatives shall have access to the books, records, documents and other evidence held, owned
or maintained by the A/E for the purpose of inspection, audit and copying during normal business
hours and upon advance written notice to the A/E. The A/E shall provide proper facilities for such
access and inspection.
Section 9.3.3 The A/E agrees to include the wording of this Section 9.3 in all its
subcontracts in excess of five thousand dollars ($5,000.00) that directly relate to Project
performance.
Section 9.3.4 Audits conducted pursuant to this Section will be in accordance with
generally accepted auditing standards with the results prepared in accordance with generally
accepted accounting principles and established procedures and guidelines of the applicable
reviewing or audit agency.
Section 9.3.5 The A/E agrees to the disclosure of all information and reports, resulting from
access to records, to any authorized representative of the Department. Where the audit concerns
the A/E, the auditing agency will afford the A/E an opportunity for an audit exit conference
and an opportunity to comment on the pertinent portions of the draft audit report. The final audit
report will include the written comments, if any, of the audited parties.
Section 9.3.6 The A/E shall preserve all records described herein from the effective date
of the Agreement completion and for a period of seven (7) years after a final settlement. In
addition, those records which relate to any dispute, appeal or litigation, or the settlement of claims
arising out of such performance, or costs or items to which an audit exception has been taken, shall
be maintained and made available until seven (7) years after the date of resolution of such dispute,
appeal, litigation, claim or exception.
Section 9.4 Gratuities and Owners Not to Benefit Provisions. If it is found, after
notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment,
offers of employment or otherwise) were offered or given by the A/E, or any agent or
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representative of the A/E, to any official, employee or agent of the Department or the District with
a view toward securing the Agreement or any other contract or securing favorable treatment with
respect to the awarding or amending, or the making of any determinations with respect to the
performance of the Contract, the Department may, by written notice to the A/E, terminate the right
of the A/E to proceed under the Agreement and may pursue such other rights and remedies
provided by law and under the Contract.
Section 9.4.1 In the event the Agreement is terminated as provided in Section 9.4, the
Department shall be entitled:
.1 to pursue the same remedies against the A/E as it could pursue in the event of a
breach of the Agreement by the A/E; and
.2 as a penalty in addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount (as determined by the Department) which shall
be not less than ten times the costs incurred by the A/E in providing any such
gratuities to any such Department or employee.
Section 9.4.2 No member of, nor delegate to Congress, Mayor or City Council
Member, nor contractor nor employee of the District, nor contractor nor employee of the
Department shall be admitted to any share or part of the Agreement or to any benefit that may arise
therefrom, and all agreements entered into by the Contracting Office of the Department in which
he or any contractor or employee of the Department shall be personally interested as well as all
agreements made by the Department in which the Mayor or City Council Member or contractor or
employee of the District shall be personally interested shall be void and no payments shall be made
on any such contracts by the Department or by any contractor thereof; but this provision shall not
be construed or extend to the agreement if the share of or benefit to the member of, or delegate to
Congress, Mayor or City Council Member, or contractor or employee of the District is de Minimis.
Section 9.5 Ethical Standards For Department's Employees And Former
Employees. The Department expects the A/E to observe the highest ethical standards and to
comply with all applicable law, rules, and regulations governing ethical conduct or conflicts of
interest. Neither the A/E, nor any person associated with the A/E, shall provide (or seek
reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any
employee of the District or the Department not in conformity with applicable law, rules or
regulations. The A/E shall not engage the services of any person or persons in the employment of
the Department or the District for any Work required, contemplated or performed under the
Contract. The A/E may not assign to any former contractor or District employee or agent who has
joined the A/E's firm any matter on which the former employee, while employed by the
Department, had material or substantial involvement in the matter. The A/E may request a waiver
to permit the assignment of such matters to former Department personnel on a case-by-case basis.
The A/E shall include in every subcontract a provision substantially similar to this section so that
such provisions shall be binding upon each A/E or vendor.
Section 9.6 Anti-Deficiency Act. The obligations of the Department to fulfill financial
obligations pursuant to this Agreement, or any subsequent agreement entered into pursuant to this
Agreement or referenced herein (to which the Department is a party), are and shall remain subject
to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-1351 1511-
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1519 (2004) (the “Federal ADA”), and D.C. Official Code §§ 1-206.03(e) and 47-105 (2001); (ii)
the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01 – 355.08 (2004
Supp.) (the “D.C. ADA” and (i) and (ii) collectively, as amended from time to time, the “Anti-
Deficiency Acts”); and (iii) Section 446 of the District of Columbia Home Rule Act, D.C. Official
Code § 1-204.46 (2001). Pursuant to the Anti-Deficiency Acts, nothing in this Agreement shall
create an obligation of the Department in anticipation of an appropriation by Congress for such
purpose, and the Department’s legal liability for payments and other charges under this Agreement
shall not arise or obtain in advance of the lawful availability of appropriated funds for the
applicable fiscal year as approved by Congress.
Section 9.6.1 The Department agrees to exercise all lawful authority available to it to
satisfy the financial obligations of the Department that may arise under this Agreement. During
the term of this Agreement, the Mayor of the District of Columbia or other appropriate official
shall, for each fiscal period, include in the budget application submitted to the Council of the
District of Columbia the amount necessary to fund the Department’s known potential financial
obligations under this Agreement for such fiscal period. In the event that a request for such
appropriations is excluded from the budget approved by the Council and submitted to Congress by
the President for the applicable fiscal year or if no appropriation is made by Congress to pay any
amounts due under this Agreement for any period after the fiscal year for which appropriations
have been made, and in the event appropriated funds for such purposes are not otherwise lawfully
available, the Department will not be liable to make any payment under this Agreement upon the
expiration of any then-existing appropriation, the Department shall promptly notify the A/E, and
this Agreement shall immediately terminate upon the expiration of any then-existing
appropriation.
Section 9.6.2 Notwithstanding the foregoing, no officer, employee, director, member
or other natural person or agent of the District or Department shall have any personal liability in
connection with the breach of the provisions of this Section or in the event of non-payment by the
Department under this Agreement.
Section 9.6.3 This Agreement shall not constitute an indebtedness of the District and/or
the Department nor shall it constitute an obligation for which the Department is obligated to levy
or pledge any form of taxation or for which the District has levied or pledged any form of taxation.
No District of Columbia Official or employee is authorized to obligate or expend any amount
under this Agreement unless such amount has been appropriated by Act of Congress and is
lawfully available.
Section 9.7 Tax Exemption Provision. Any tax exemptions applicable to the District
of Columbia, including the gross receipts sales tax exemption for the sale of tangible personal
property to the District, codified in D.C. Code § 47-2005, shall apply to the performance of the
Contract.
Section 9.8 Covenant Against Contingent Fees Provisions. The A/E warrants that no
person or selling agency has been employed or retained to solicit or secure the Contract upon an
agreement or understanding for a Commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
A/E for the purpose of securing business. For breach or violation of this warranty, the Department
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shall have the right to terminate the Contract without liability or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of the Department,
percentage, brokerage of contingent fee.
ARTICLE 10
TERMINATION OR SUSPENSION
Section 10.1 Any terminations or suspensions arising out of or under this Agreement
shall be governed by the terms of the Standard Contract Provisions, Article 8, (Exhibit G).
ARTICLE 11
OTHER CONDITIONS AND SERVICES
Section 11 General Conditions. To the extent that this Agreement is silent on an action
or requirement of the A/E, and current as of the date of this Agreement, the Department’s Standard
Contract Provisions for Architectural and Engineering Services Contracts (Exhibit G) shall govern
the A/E’s obligations with respect to such action or requirement under this Agreement.
ARTICLE 12
EXHIBITS
The following exhibits are incorporated into this Agreement and can be
accessed at DCAM-22-AE-RFP-0001 AE MPD 7th District Contract
Exhibit A1 Scope of Work
Exhibit A2 Technical Requirements and Submittal Guide
Exhibit A3 MPD 7th District Existing Drawings
Exhibit A4 Facilities Condition Assessment and Space Utilization Plan
Exhibit B1 A/E’s Technical Proposal
Exhibit B2 A/E Price Proposal
Exhibit C 2025 Living Wage Act
Exhibit D First Source Employment Agreement and Employment Plan
Exhibit E Service Contract Act Wage Schedule
Exhibit F Project Schedule
Exhibit G Standard Contract Provisions for Architectural and Engineering Services
contracts
Exhibit H Key Personnel
Exhibit I Equal Employment Opportunity
Exhibit J SBE Subcontracting Plan
Exhibit K1 RFP DCAM-22-AE-RFP-0001
Exhibit K2 RFP DCAM-22-AE-RFP-0001 Addendums 1 - 5
ARTICLE 13
ORDER OF PRECEDENCE
Contract DCAM-22-AE-RFP-0001
Exhibit A1 Scope of Work
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Exhibit A2 Technical Requirements and Submittal Guide
Exhibit A3 MPD 7th District Existing Drawings
Exhibit A4 Facility Condition Assessment and Space Utilization Plan
Exhibit G Standard Contract Provisions for Architectural and Engineering Services
contracts
Exhibit E Service Contract Act Wage Schedule
Exhibit I Equal Employment Opportunity
Exhibit J SBE Subcontracting Plan
Exhibit D First Source Employment Agreement and Employment Plan
Exhibit C 2024 Living Wage Act
Exhibit F Project Schedule
Exhibit H Key Personnel
Exhibit K1 RFP DCAM-22-AE-RFP-0001
Exhibit K2 RFP DCAM-22-AE-RFP-0001 Addendums 1 - 5
Exhibit B1 A/E’s Technical Proposal
Exhibit B2 A/E Price Proposal
IN WITNESS WHEREOF, the Parties’ duly authorized representatives have executed
this Agreement (No. DCAM-22-AE-RFP-0001) as of the dates written below.
ISSUED BY
DEPARTMENT OF GENERAL SERVICES
An agency within the executive branch of
the Government of the District of Columbia
ACCEPTED BY
SHINBERG LEVINAS ARCHITECTURAL
DESIGN INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
Salo Levinas
President
1/15/2025