Proposed in-lease agreement with VEF-VN Capitol Plaza I, LLC

MURIEL BOWSER
MAYOR

January 31, 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1 -
204.51), enclosed for consideration and approval by the Council of the District of Columbia is an
amendment to an in-lease agreement with VEF-VN Capitol Plaza I, LLC, for the addition of 22,986
square feet of office space located at 1200 First Street, NE. The additional office space would be
occupied by the District of Columbia Public Schools.

If you have any questions regarding this contract, please contact Delano Hunter, Director,
Department of General Services (“DGS”), or have your staff contact Tiwana Hicks, Associate
Director, Portfolio Management Division, DGS, at (202) 727-2800.

I look forward to the Council’s favorable consideration of this contract.

Sincerely,

Muriel Bowser
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
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COUNCIL REAL ESTATE CONTRACT SUMMARY

January 23, 2025

Please note that any capitalized term used but not defined in this Summary shall have the meaning
given to such term in the proposed real estate contract.

1. The name of the proposed lessor, lessee, grantor or other party to the proposed real estate
contract, the type of real estate contract, the source selection method, the primary term
of the real estate contract (if applicable), and the consideration to be paid by the District
(for leases, the total annual rent for the first year and the fiscal years set forth in the
Funding Certification):

Contract Party Name: VEF-VN Capitol Plaza I, LLC, a Delaware limited
liability company
Type of Real Estate Contract: Amendment to In-Lease Agreement (District is
tenant)
Location of Real Property: 1200 First Street, NE
Source Selection Method: Non-Competitive as to the Amendment
Primary Term (if applicable): Approximately 13 years remaining with an option to
extend by 5 years under existing In -Lease
Agreement.
Consideration for First Lease Year
under Amendment: $1,091,835.00
Certificate of Funding Amount for
Fiscal Year 2025: $0 (based on rent abatement described below)

2. If the real estate contract is a lease amendment, a breakdown of the Annual Rental for
the first Lease Year under the amendment and the scheduled escalations thereof:

Under the Amendment, 22,986 rentable square feet (“RSF”) of office space would be added
to the leased premises . The annual rental for such space is $47.50/RSF for a total of
$1,091,835.00, provided that annual rental shall be abated through September 30, 2025. The
annual rental shall be subject to an annual 3% escalation commencing as of June 1, 2026. The
annual rental amount is full -service rent and, as such, includes without limitation base rent,
operating costs and real estate taxes.

2

3. If the real estate contract is a lease amendment, a description of any extensions of or
options to renew the primary lease term set forth above , the contract amount for any
extension or option period (and an explanation of any difference), and a description of
any options to purchase the real property:

The District has one option to extend the primary term by 5 years under the existing in-lease
agreement which option would remain unchanged by the proposed Amendment . The annual
rental for such extended term cannot be determined at this time, but is not anticipated to be
equal to the annual rental during the primary term. This is primarily due to the fact that the net
rental rate for the first lease year of the extended term shall be equal to the then fair market
rental rate for comparable properties in the District of Columbia, as determined by the Landlord
and the District. The proposed Amendment does not provide for an option to purchase the real
property.

4. A description of the real property to be acquired, developed or leased, including any
applicable improvements:

The following is provided under the existing in-lease agreement:

Street Address: 1200 First Street, NE
Square/Lot Number: Square 0672 / Lot 0856
Total RSF of Building: 291,838 RSF
Total RSF of Premises: Currently 214,132 RSF (increased to 237,118 RSF under
Amendment)
Description of Improvements: The existing building located at 1200 First Street, NE is a
291,838 RSF office building located on approximately 34,405 square feet of land . The
proposed Amendment would add 22,986 RSF of office space on the 2 nd floor of the
building to the 214,132 RSF currently occupied by District of Columbia Public Schools
(“DCPS”) and Department of Energy and Environment (“ DOEE”). Under the
Amendment, DCPS and DOEE will have the continued use of 75 parking spaces for fleet
and employee veh icles and DCPS will have the additional use of 16 parking spaces for
employee vehicles.

5. A description of the District’s specific real property need associated with the proposed
real estate contract and t he selection process, including the number of offerors, the
evaluation criteria, and the evaluation results , including price, technical or quality, and
past performance components:

The existing in-lease agreement, which was deemed approved by Council on August 4, 2009
(CA18-0141), was the result of a competitive process . Similar to the Sixth Amen dment to
Lease dated January 11, 2017, which was deemed approved by Council on January 1, 2017
(CA21-0594), and the Tenth Amendment to In -Lease Agreement dated December 22, 2023,
which was deemed approved by Council on December 22, 2023 (CA25 -0554), the proposed
Amendment did not result from a competitive process. The Amendment resulted from DCPS’
need to relocate personnel from the DCPS Command Center located at 3535 V Street , NE,
which in turn resulted from the Board of Elections’ expansion at this location. This relocation
3

of personnel aligns with DCPS’ goal of enhancing its security and response capabilities, as the
consolidation of key personnel in a centralized space will result in enhanced coordination and
communication.

As noted above, annual rental payments for the 2nd floor space will not commence until October
1, 2025 and the annual rental rate of $47.50/RSF is approximately $10.00/RSF to $15.00/RSF
below market.

By way of background, 1200 First Street, NE is a class A, LEED Silver building built in 2006.
The building is in excellent condition and its central location and direct access to the NoMa
Metro station are ideal for DCPS and DOEE.

6. A description of any other contracts the proposed contract party is currently seeking or
holds with the District.

Based upon a certification from the Landlord, the Landlord is not currently seeking and does
not currently hold any contracts with the District other than the existing in-lease agreement.

7. The background and qualifications of the proposed contract party, including its
organization, principals, financial stability, and personnel; and performance on past or
current real estate contracts with requirements similar to those of the proposed contract:

VEF-VN Capitol Plaza I, LLC is a Delaware limited liability company and is the owner of
1200 First Street, NE . The Landlord has no employees and its principal is Shawn Leisinger,
Asset Manager/Investment Director . The Landlord has performed satisfactorily under its
existing in-lease agreement with the District.

8. Expected outcomes of the proposed real estate contract:

The execution of the proposed Amendment is expected to result in an increase in the office
space utilized by DCPS and a consolidation of key DCPS personnel as described above.

9. A statement that suitable space owned by the District is not available or cannot be
reasonably renovated or altered:

Based upon an evaluation of space owned by the District, there is no suitable space owned by
the District, either as -is or which can reasonably be renovated or altered, which would meet
the needs of DCPS fulfilled under the Amendment.

10. ANC notice of the proposed real estate contract:

Not applicable, as DCPS and DOEE currently occupy the premises under an existing in-lease
agreement.

4

11. A certification that the proposed real estate 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 §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified the availability of funds for the proposed
real estate contract. Please see the attached Funding Certification.

12. A certification that the proposed real estate contract is legally sufficient:

The Office of the General Counsel for the Department of General Services has certified that
the proposed real estate contract is legally sufficient. Please see the attached Legal Sufficiency
Certification.

13. A certification as to whether the proposed contract party has any currently pending legal
claims against the District:

Based upon a certification from the Landlord, the Landlord does not have any legal claims
currently pending against the District.

14. A certi fication that the Citywide Clean Hands database indicates that the proposed
contract party is current with its District taxes:

The proposed contract party is current with its District of Columbia taxes . Please see the
attached Citywide Clean Hands certificate.

15. A certification from the proposed contract party that it is current with its federal taxes,
or has worked out and is current with a payment schedule approved by the federal
government:

Based upon a certification from the Landlord, the Landlord is current with its federal taxes, or
has worked out and is current with a payment schedule approved by the federal government.

16. A certification that the proposed contract party has not been determined to be in
violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011:

Based upon a certification from the Landlord, the Landlord has not been determined to be in
violation of section 334a of the Board of Ethics and Government Accountability Establishment
and Comprehensive Ethics Reform Amendment Act of 2011.

17. A certification from the proposed contract party 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:

5

Based upon a certification from the Landlord, the Landlord 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.

18. The status of the proposed contract party as a certified local, small, or disadvantaged
business enterprise, as defined in subchapter IX-A of Chapter 2 of title § 2-218.01 et seq.:

The proposed contract party is not a certified local, small, or disadvantaged business enterprise.

*
*
* GovernmentoftheDistrictofColumbia

HE OfficeoftheChiefFinancialOfficer 11014 Street,SWHE OfficeofTaxandRevenue Washington,DC20024
DateofNotice:January22,2025 NoticeNumber:0013115650 =
VEF-VNCAPITOLPLAZAILLC FEIN:**-**85107700WISCONSINAVESTE600 CaseID:18406596BETHESDAMD 20814-3892
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
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)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT

AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.

11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
441 4th Street, NW – Suite 890 North - Washington, DC 20001

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
GOVERNMENT OPERATIONS CLUSTER

OFFICE OF FINANCE & RESOURCE MANAGEMENT

Antoinette Hudson Beckham Angelique Rice
Agency Fiscal Officer Associate Chief Financial Officer

Date: January 23, 2025
Agency Budget: Department of General Services (AM0)
Occupying Agency: DC Public School (GA0)

Ward 8

Funds Needed: $0.00
Purpose: Funding is not needed in FY25 to expand DC Public Schools’ premises at 1200 First
Street, NE under an amendment to lease agreement.
Certification: $1,110,942.11 for FY2026 is subject to approval of the District’s Budget and
Financial Plan.

Cost of Obligation FY25: $0.00
Cost of Obligation FY26: $1,110,942.11

Term: 13 Years

Aki Ayalew 01/24/2025
_________________________ _________________________
For Antoinette Hudson Beckham Date

Cc: Angelique Rice, Associate Chief Financial Officer, GOC

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

______________________________________________________________________________
3924 Minnesota Avenue, NE, 6th Floor, Washington, DC 20019 • Telephone (202) 727-2800

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Office of the General Counsel

MEMORANDUM

TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs

THROUGH: Xavier Beltran
General Counsel, Department of General Services

FROM: Katherine Jough
Senior Assistant General Counsel, Department of General Services

SUBJECT: Legal Sufficiency Certification for Proposed Eleventh Amendment to In-
Lease Agreement by and between the District and VEF-VN Capitol Plaza I,
LLC for premises at 1200 First Street, NE, Washington, DC (the
“Amendment”)

DATE: January 23, 2025

This is to certify that this Office has reviewed the above-referenced Amendment and that we have
found it to be legally sufficient , subject to the submission of any required materials and Council
approval.

If you have any questions, please do not hesitate to contact me at (202) 727-2800.

__________________________
Katherine Jough
Senior Assistant General Counsel, Department of General Services

EXECUTION VERSION

ELEVENTH AMENDMENT TO IN-LEASE AGREEMENT

THIS ELEVENTH AMENDMENT TO IN -LEASE AGREEMENT (this “ Eleventh
Amendment”) is made and entered into as of this ___ day of ________, 2025 (the “Execution
Date”) by and between the DISTRICT OF COLUMBIA, a municipal corporation, by and through
its Department of General Services (“Tenant” or the “District”), and VEF-VN CAPITOL PLAZA
I, LLC, a Delaware limited liability company (“ Landlord”). Landlord and the District are each
referred to hereinafter as a “Party” and collectively referred to as the “Parties”.

W I T N E S S E T H :

WHEREAS, pursuant to that certain Lease Agreement with a Lease Commencement Date
of August 27, 2009 (the “Base Lease”), as amended by a letter agreement dated October 20, 2009,
a second amendment dated November 5, 2009, a third amendment dated February 18, 2010, a
fourth amendment dated July 9, 2010, a fifth amendment dated October 25, 2011, a sixth
amendment dated as of January 11, 2017 (the “Sixth Amendment”), a seventh amendment dated
May 15, 2019, an eighth amendment dated February 1, 2021, a ninth amendment dated January
27, 2023 (the “Ninth Amendment ”), and a tenth amendment dated December 22, 2023 (the
“Tenth Amendment ”; the Base Lease collectively with th e foregoing amendments being the
“Original Lease”, and such Original Lease together with this Eleventh Amendment being the
“Lease”), the District leases from Landlord, and Landlord leases to the District, certain premises
located at 1200 First Street, NE in Washington, D.C., as is more particularly set forth in the
Original Lease; and
WHEREAS, the Parties desire to amend the terms of the Original Lease as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals and Exhibits. The above recitals and any exhibits hereto
are incorporated in, and made a part of, this Eleventh Amendment.

2. Defined Terms . Capitalized terms used but not defined herein shall have the
meanings given to them in the Original Lease.

3. Addition of Second Floor Premises . Notwithstanding anything contained in the
Original Lease to the contrary, including Section 3 of the Ninth Amendment, as of the Eleventh
Amendment Effective Date (defined in Section 4(i) below), the “Premises” shall be comprised of
the Original Premises, the Third Floor Premises (as such terms are defined in the Ninth
Amendment) and the stipulated 22,986 RSF of space on the 2nd floor of the Building shown on
the space plan attached hereto as “Exhibit A ” and made a part hereof (the “Second Floor
Premises”), subject to adjustment pursuant to Section 7 below.

4. Second Floor Initial Term. The District’s lease of the Second Floor Premises shall
(i) commence on the day immediately following the Execution Date (the “Eleventh Amendment
Effective Date”); and (ii) be coterminous with its lease of the Original Premises under the Base
Lease (which is also coterminous with the lease of the Third Floor Premises under the Tenth

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1200 First Street NE – Eleventh Amendment
Amendment (i.e., expiring on February 28, 2038) ). The P arties acknowledge and agree that the
Lease Years for the Original Premises and the Third Floor Premises may not be concurrent with
the Lease Years for the Second Floor Premises during the period commencing on the Eleventh
Amendment Effective Date and continuing through May 31, 2034 (the “ Second Floor Initial
Term”). The first Lease Year of the Second Floor Initial Term shall commence on the Eleventh
Amendment Effective Date and end the following May 31st (i.e., May 31, 2026). Thereafter, each
Lease Year of the Second Floor Initial Term shall commence on June 1st and end on May 31st
until May 31, 2034. The first Lease Year after the expiration of the Second Floor Initial Term shall
commence on June 1, 2034 (the “Second Floor Adjustment Date ”) and end on February 28,
2035. Commencing as of March 1, 2035, the Lease Years for the Second Floor Premises shall
commence on March 1st, which the Parties acknowledge shall result in the Lease Years for the
Second Floor Premises being concurrent with the Lease Years for the Original Premises.

5. Second Floor Rent Commencement Date. The “Second Floor Rent
Commencement Date” means the Eleventh Amendment Effective Date . Commencing on the
Second Floor Rent Commencement Date, the District shall pay Annual Rental and Additional Rent
for the Second Floor Premises to Landlord in accordance with and subject to the terms of this
Eleventh Amendment, including the application of the Second Floor Landlord Credit (defined in
Section 6(d)). The Parties acknowledge that the District is currently in possession of the Premises
under a License Agreement dated November 6, 2024, by and between the District and The
Children’s Guild Inc., a Maryland non-profit corporation, the term of which expires on the earlier
of (i) the Execution Date; and (ii) February 28, 2025. As such, the District shall not be obligated
to vacate the Second Floor Premises on the Execution Date and shall accept the Second Floor
Premises as of the Second Floor Rent Commencement Date in its then current “AS-IS”, “WHERE-
IS” condition, subject to completion of the Second Floor Tenant Improvements (defined below),
and Landlord shall have no obligation to deliver possession of the Second Floor Premises to the
District. For the avoidance of doubt, the current “AS-IS”, “WHERE-IS” condition includes all of
the existing furniture, fixtures, and equipment (“ FF&E”) and unless otherwise specified by the
District, Landlord shall have no removal obligations with respect to the FF&E as of the Eleventh
Amendment Effective Date.

6. Second Floor Premises Rental Terms.

(a) The Parties acknowledge and agree that calculations of Annual Rental and
Additional Rent for the Second Floor Premises shall be separate from, and not combined with,
such calculations of Annual Rental and Additional Rent for (i) the Original Premises for the
Second Floor Initial Term; and (ii) the Third Floor Premises. In no event shall the increase in the
total Premises RSF resulting from the addition of the Second Floor Premises allow any Premises
RSF to be counted more than once for purposes of calculating Annual Rental or Additional Rent
(e.g., the RSF of the Second Floor Premises shall not be included with the RSF of the Third Floor
Premises for purposes of calculating the District’s share of real estate taxes for the Third Floor
Premises).
(b) Annual Rental for the Second Floor Premises (“ Second Floor Annual
Rental”) for the first Lease Year of the Second Floor Initial Term (i.e., from the Eleventh
Amendment Effective Date through May 31, 2026) shall be $1,091,835 (based upon $47.50 per

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1200 First Street NE – Eleventh Amendment
RSF of the Second Floor Premises ). Commencing as of the 2 nd Lease Year of the Second Floor
Initial Term (i.e., June 1, 2026) and continuing on each anniversary thereof during the Second
Floor Initial Term, Annual Rental for the Second Floor Premises shall be increased by three percent
(3.0%). During the Second Floor Initial Term, Annual Rental for the Second Floor Premises shall
be a full service rental inclusive of all Real Estate Taxes and Operating Costs. For the avoidance
of doubt, (i) there shall be no separate charge, amortization or payment otherwise due from the
District for the Second Floor Tenant Improvement Allowance (defined in Section 6(c) below) as
part of Annual Rental or Additional Rent for the Second Floor Premises during the Lease Term
(including the Second Floor Initial Term); and (ii) in no event shall the termination of the Lease
prior to the expiration of the Second Floor Initial Term result in any payment or reimbursement by
the District of any amortization rental payments for, or the principal of, the Second Floor Tenant
Improvement Allowance. Commencing on the Second Floor Adjustment Date, the Annual Rental
for the Second Floor Premises shall be as set forth in Section 7 below and this Section 6(b) shall
not apply thereto.
(c) C ommencing on the Second Floor Rent Commencement Date and
continuing through March 1, 2026, Landlord shall provide a “ Second Floor Tenant
Improvement Allowance” for Second Floor Tenant Improvements (which may include Tenant
Improvements to portions of the Premises other than the Second Floor Premises as set forth in
Section 9(a) below) in the amount of $15.00 per RSF of the Second Floor Premises for a total
amount of $344,790.00. Second Floor Annual Rental attributable to the Second Floor Premises
shall be abated to the extent of any unused Second Floor Tenant Improvement Allowance (which
amount shall be set forth in the Declaration of Final Accounting (defined in Section 17 below)), to
be applied to the next successive payments of Second Floor Annual Rental due from the District
under the Lease. In addition and notwithstanding any provision in the Original Lease, the District
shall have the right, in its sole discretion, to apply (in accordance with Section 12 below) , after
exhaustion of the Second Floor Tenant Improvement Allowance, any existing balance remaining
under any credit or allowance provided in the Tenth Amendment (i.e., the Tent h Amendment
Landlord Credit, the Tenth Amendment Tenant Improvement Allowance and the Remaining
Future Improvements Allowance ; collectively, the “ Tenth Amendment Allowances ”) towards
the Second Floor Tenant Improvements. For the avoidance of doubt, the availability of the Tenth
Amendment Allowances and the Second Floor Tenant Improve ment Allowance towards Second
Floor Tenant Improvements both expire March 1, 2026, and nothing contained herein shall extend
such time period.

(d) Notwithstanding any provision to the contrary, t he Second Floor Annual
Rental attributable to the Second Floor Premises shall be abated in the total amount of (i) Second
Floor Annual Rental from the Second Floor Rent Commencement Date through September 30,
2025, plus (ii) commencing on October 1, 2025, an amount equal to $130,035.11 ( which is the
total of nine tenths of one percent ( 0.9%) of the Second Floor Annual Rental for the period from
June 1, 2034 through February 28, 2038 and constitutes a credit from a portion of the broker
commission described in Section 30 below) (collectively, the “Second Floor Landlord Credit,”
which amount shall be set forth in the Second Floor Declaration of Delivery), commencing as of
the Second Floor Rent Commencement Date and continuing until the amount of Second Floor
Landlord Credit is exhausted; provided, however, that the District may elect to apply Second Floor

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1200 First Street NE – Eleventh Amendment
Landlord Credit towards Second Floor Tenant Improvement costs in excess of the Second Floor
Tenant Improvement Allowance in accordance with Section 12 below.

7. Original Premises Annual Rental and Second Floor Annual Rental as of Second
Floor Adjustment Date. Commencing on the Second Floor Adjustment Date, (a) the RSF of the
Second Floor Premises shall be adjusted from 22,986 RSF to 23,261 RSF to include the Second
Floor Premises’ pro rata share of the Building’s Fitness Center; (b) the adjusted RSF of the Second
Floor Premises shall be combined with the RSF of the Original Premises for purposes of
calculating the Annual Rental of the Original Premises and the Second Floor Premises and for
Additional Rent attributable thereto (i.e., the Second Floor Premises shall be subject to Sections
7.4 and 7.5 of the Base Lease as of the Second Floor Adjustment Date) ; and (c) t he District’s
Proportionate Share for the Original Premises together with the Second Floor Premises (but
excluding the Third Floor Premises) shall be 77.26% (based upon a 291,839 RSF of the Building).
As of the Eleventh Amendment Effective Date, any schedule of Net Rental or Annual Rental for
the Original Premises contained in the Original Lease shall be deleted and replaced with the
schedule set forth in “Exhibit B” attached hereto and made a part hereof, which schedule includes
the combined Annual Rental for the Original Premises and Second Floor Premises as of the Second
Floor Adjustment Date. For the avoidance of doubt, (i) the Annual Rental Schedule for the
Original Premises and the Second Floor Premises attached hereto excludes the Annual Rental (and
any component thereof) for the Third Floor Premises, and (ii) the Premises Refresh Allowance (as
defined in the Tenth Amendment) may be used for the Second Floor Premises but the amount of
such allowance shall not be increased to include the RSF of the Second Floor Premises.

8. Second Floor Parking Spaces. The Parties acknowledge that Landlord currently
provides up to 75 unreserved Employee-Operator Spaces to District employees under the Original
Lease. As of the Second Floor Rent Commencement Date, Landlord shall provide up to 16
additional unreserved Employee -Operator Spaces to District employees for the Second Floor
Premises (the “Second Floor Parking Spaces ”). The terms of the Original Lease applicable to
Employee-Operator Spaces, including the applicable parking rate, shall apply to the Second Floor
Parking Spaces.

9. Second Floor Tenant Improvements.

(a) Landlord shall furnish all labor and materials to design, construct, furnish
and complete all of the Second Floor Tenant Improvements up to the Second Floor Tenant
Improvement Allowance. “Second Floor Tenant Improvements” shall mean the turnkey build-
out of (i) the Second Floor Premises, (ii) other portions of the Premises (which may include the
Third Floor Premises) as determined in accordance with Section 18 below, and/or (iii) the
District’s relocation to the Second Floor Premises (if applicable), including, but not limited to the
District’s relocation costs (if any), the purchase and installation of the construction elements,
furniture, fixtures, equipment (including security, server room, network and power equipment) ,
fit-out, signs, HVAC related distribution ductwork, cabling and wiring for both power and low
voltage requirements, security infrastructure, information technology (“ IT”) server room
equipment, telephones and any other IT infrastructure requirements, but specifically not IT
equipment such as computers, televisions and printers.

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1200 First Street NE – Eleventh Amendment
(b) All of the Second Floor Tenant Improvements shall be performed by
Landlord: (i) promptly and in a good workmanlike manner; ( ii) by duly qualified, licensed and
bonded (as such bonding may be commercially standard and relate to the Second Floor Tenant
Improvements) persons; (iii) in accordance with all applicable Laws; and ( iv) once commenced,
diligently pursued to completion and, if applicable, in accordance with the approved construction
schedule therefor.
10. Second Floor Architect. On or before the Eleventh Amendment Effective Date,
Landlord shall propose the architect for the applicable Second Floor Tenant Improvements, which
shall be subject to the District’s reasonable approval (the “Second Floor Architect”) which
approval, or objection thereto specified in reasonable detail, shall be provided to Landlord within
fifteen (15) Business Days from the District’s receipt of notification of the Second Floor Architect.

11. Change Orders. The District shall have the right to review any and all pricing for
work associated with, and the construction schedule for, the Second Floor Tenant Improvements
and may elect to remove, modify or add to the Second Floor Tenant Improvements. The District
shall have fifteen (15) Business Days from receipt of any pricing from Landlord to approve the
same or submit to Landlord value engineering of the Second Floor Tenant Improvements that, if
implemented, the District anticipates would result in reduced costs. In addition, each stage of the
plans and specifications required in connection with the Second Floor Tenant Improvements (as
applicable, (1) test fit/space plan ; ( 2) schematics; (3) design development plans ; ( 4) design
construction documents; and ( 5) furniture, fixture and equipment plans) shall be subject to the
District’s reasonable approval. The District shall have fifteen (15) Business Days from receipt of
any plans and specifications to approve the same or submit to Landlord the reasons (specifying in
reasonable detail) why the District does not approve the same . Landlord shall cause the Second
Floor Architect to make any revisions necessary to address the District’s comments on the
applicable plans and specifications, and resubmit the same for the District’s approval. The District
may request a change to the final District -approved plans (a “Second Floor Change Order”) in
which event Landlord shall deliver to the District a written notice which includes the approximate
fixed amount of any cost increase that may result from such change and the delay in Substantial
Completion of the Second Floor Tenant Improvements that may result from such change. If the
Second Floor Change Order does not cause a Second Floor Excess Cost (defined below), the
Second Floor Change Order may be approved in a writing (including an email) from the Director
or a Portfolio Manager. “Portfolio Manager” means the Associate Director or the Realty Officer
of the Portfolio Management Division of the District of Columbia Department of General Services.
As provided in clause (z) of the definition of Second Floor District Delay (defined in Section 19
below), a Second Floor Change Order requested by the District may delay the performance of the
Second Floor Tenant Improvement work and may result in a Second Floor District Delay.

12. Excess Costs. Landlord shall have no obligation to (i) revise the final District -
approved plans or perform any work as a result of a Second Floor Change Order or (ii) incur any
costs in excess of the Second Floor Tenant Improvement Allowance, as applicable, due to a Second
Floor Change Order or otherwise (“ Second Floor Excess Cost ”) unless and until the District
provides Landlord with written approval of the Second Floor Excess Cost (which shall in no event
exceed the fixed amount provided by Landlord) (a “ District’s Acceptance”), which shall (x)
evidence the District’s election to apply the Second Floor Landlord Credit or any Tenth

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1200 First Street NE – Eleventh Amendment
Amendment Allowances to any Second Floor Excess Cost , as applicable, or (y) constitute the
District’s commitment to pay such Second Floor Excess Cost pursuant to Section 17 below. No
notice, communication or representation in any form from any person other than the Director shall
authorize the payment by the District of a Second Floor Excess Cost; provided, however, that
payment by the District of a Second Floor Excess Cost by application of the Second Floor Landlord
Credit or any Tenth Amendment Allowances, as applicable, may be approved in a writing
(including an email) from the Director or a Portfolio Manager (which writing shall constitute a
District’s Acceptance). Landlord acknowledges that if it proceeds with any work in connection
with a Second Floor Change Order or otherwise over and above the Second Floor Tenant
Improvement Allowance prior to receipt of a properly executed District’s Acceptance, Landlord
does so at its sole and complete risk.

13. District Security Requirements . Landlord acknowledges and agrees that (i) a
vendor approved by the Department of General Services ’ Protective Services Division (“DGS-
PSD”) shall be the required s ubcontractor for any District security requirements associated with
the Second Floor Tenant Improvements, and (ii) the District of Columbia’s Office of the Chief
Technology Officer (“OCTO/DC-Net”) or its approved vendor shall be the subcontractor for any
IT requirements associated with the Second Floor Tenant Improvements; provided that, in all
events, OCTO/DC-Net and DGS -PSD will provide any required IT infrastructure and security
standards and specifications, respectively, for the Second Floor Tenant Improvements. Landlord
acknowledges and agrees that if OCTO/DC-Net is the subcontractor for any IT requirements of
the Second Floor Tenant Improvements, Landlord shall be responsible for ordering any
OCTO/DC-Net specified equipment that has been approved by the District, and that OCTO/DC -
Net r equires an “upfront” payment for OCTO/DC -Net’s purchase and installation of such
equipment.
14. S econd Floor TI Construction Costs. All costs of: (i) the construction of the Second
Floor Tenant Improvements, including the soft costs of all space planning, architectural, and
engineering work related thereto; (ii) all governmental authority approvals and permits required to
construct the Second Floor Tenant Improvements including any certificate(s) of occupancy; ( iii)
all labor and materials and other hard costs, including any general contractor’s fee and customary
work related insurance for construction of the Second Floor Tenant Improvements, and bond costs
relating to the Second Floor Tenant Improvements; (iv) the purchase and installation of the Second
Floor Tenant Improvement requirements (including OCTO/DC -Net specified IT equipment,
cabling and wiring and DGS-PSD specified security equipment) ; and (v) a project management
fee paid to Landlord equal to three percent (3.0%) of all “hard costs” payable under the
construction contracts to which Landlord is a party for the Second Floor Tenant Improvements (it
being agreed that no cost which is included in the “hard costs” shall be counted more than once
for purposes of calculating the project management fee) are referred to herein as the “Second Floor
TI Construction Costs”.

15. SBE/CBE Participation . The utilized Second Floor Tenant Improvement
Allowance (and, if applicable, any Tenth Amendment Allowance s) shall be subject to the
requirements of D.C. Code Section 2-218.46 regarding the use of Small Business Enterprises and
Certified Business Enterprises (as such are defined under D.C. Code Section 2-218.02), provided
that 50% SBE/CBE participation shall be required (rather than the 35% set forth in D.C. Code

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1200 First Street NE – Eleventh Amendment
Section 2-218.46). Landlord shall provide such evidence of its compliance with the foregoing
requirement as the District may reasonably require. Landlord shall include the foregoing Small
Business Enterprises and Certified Business Enterprises requirement within any competitive
request for proposal, bid or similar issuance for the Contractor (defined below) and the
subcontractors.

16. Substantial Completion. The Second Floor Tenant Improvements for the Second
Floor Premises shall be deemed “Substantially Complete ” or in a state of “Substantial
Completion” when (i) Landlord has performed a final walk through of the Second Floor Premises
with the District (the District agreeing to cooperate in good faith to timely schedule the same) and
any punch list items are identified by the Parties, which items do not materially impair the ability
of the District to occupy or utilize the Second Floor Premises for the Permitted Use (“Punch List
Items”); (ii) the Second Floor Architect has certified (on a standard AIA Form) that the Second
Floor Tenant Improvements ha ve been completed substantially in accordance with the District-
approved plans and specifications therefor , including the placement of furniture and equipment,
subject to completion of the P unch L ist Items; and (iii) Landlord has obtained all sign- offs,
inspections and approvals required by the District of Columbia and any other applicable
governmental authorities, including a certificate of occupancy (which may be a temporary
certificate of occupancy, provided that a final certificate of occupancy is delivered to the District
within 60 days) issued for the Second Floor Premises. The date of Substantial Completion shall be
set forth in a declaration of delivery (the form of which is set forth in “Exhibit C”, attached hereto
and made a part hereof) to be executed by the Parties, which shall include any other terms and
information as may be deemed appropriate by the Parties (the “Second Floor Declaration of
Delivery”). Landlord shall complete or cause the completion of the Punch List Items within 30
Business Days of the execution of the Second Floor Declaration of Delivery. Notwithstanding the
foregoing sentence, in the case of a Punch List Item that may take longer than 30 Business Days
to complete, Landlord shall provide the District with an alternative solution which could be
provided within such 30 Business Day period, and the District shall have the right to select in
writing, in its sole discretion, either the alternative solution or the original Punch List Item. If the
District does not timely provide a written selection to Landlord, then the District shall be deemed
to have selected the original Punch List Item.

17. Second Floor Final Accounting. Within 30 days after the Substantial Completion
of the Second Floor Tenant Improvements for the Second Floor Premises and Original Premises,
as applicable, Landlord shall deliver to the District a declaration of final accounting (the form of
which is set forth in “Exhibit D”, attached hereto and made a part hereof) to be executed by the
Parties, which sets forth a final accounting of the Second Floor TI Construction Costs (on an open
book basis) (the “ Second Floor Final Accounting ”), the Second Floor Tenant Improvement
Allowance, any Second Floor Excess Costs, and the utilized Tenth Amendment Allowances or the
Second Floor Landlord Credit, as applicable, as well as such other terms and information as may
be deemed appropriate by the Parties (the “Declaration of Final Accounting”). Any Second Floor
Excess Cost shall be paid as Additional Rent in a lump sum by the District to Landlord pursuant
to the Declaration of Final Accounting, unless the District has elected in a District’s Acceptance
to pay for such Second Floor Excess Cost by application of the Second Floor Landlord Credit or
any Tenth Amendment Allowance s, as applicable. If Landlord incurred alleged Second Floor
Excess Costs without a District’ s Acceptance executed by the Director, then such costs shall not

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1200 First Street NE – Eleventh Amendment
accrue against any District credit or improvement allowance, and the District shall have no
obligation to pay such costs. If pursuant to the Declaration of Final Accounting it is determined
that the Second Floor Tenant Improvement Allowances exceeds the Second Floor TI Construction
Costs, then such excess amount shall be available to the District as an abatement of Annual Rental,
to be applied to the next successive payment(s) of Annual Rental due and payable by the District
for the Second Floor Premises under the Lease.

18. Budget and Schedule. On or before the 90 th day following the Second Floor Rent
Commencement Date, the District shall deliver to Landlord a “program of requirements” for the
Second Floor Tenant Improvements. Within 30 days of Landlord’s receipt of the foregoing,
Landlord shall deliver to the District a preliminary budget and a preliminary project schedule for
Second Floor Tenant Improvements (the “Proposed Budget ” and the “Proposed Schedule ”,
respectively), which shall be subject to the District’s reasonable approval. The District shall have
15 days to review the Proposed Budget and the Proposed Schedule. If the District does not approve
or present questions or comments to the Proposed Budget or the Proposed Schedule within such
15 days, the Proposed Budget and the Proposed Schedule shall be deemed approved by the District.
If the District delivers questions or comments to the Proposed Budget or the Proposed Schedule to
Landlord within such 15 days, Landlord and the District shall discuss the same for 1 Business Day;
provided, however, that, after Landlord has acted in good faith in reviewing and considering the
District’s questions and comments, the Proposed Budget and the Proposed Schedule (with any
agreed upon changes) shall be final (as approved or deemed approved, the “Preliminary Budget”
and the “Preliminary Project Schedule,” respectively). Landlord shall include the Preliminary
Budget and the Preliminary P roject Schedule within any request for proposal, bid or similar
issuance. Landlord shall solicit competitive general contractor bids for the Second Floor Tenant
Improvement work from at least 3 general contractors (the general contractor selected to perform
such work being the “Contractor”). Within 15 Business Days of having f inal plans and
specifications, Landlord shall deliver to the District all of the general contractor bid information
received together with Landlord’s selection recommendation for the District’s review. The general
contractor recommended by Landlord shall be the most responsive in terms of price and
performance from among those general contractors that submitted accurate and complete bid
responses in accordance with all bid requirements and instructions by Landlord. The District shall
have 3 Business Days to review such information and either accept Landlord’s recommendation
without comment or present the District’s questions and comments to Landlord. If the District
presents questions and comments to Landlord, Landlord and the District shall discuss the same for
1 Business Day, provided that Landlord’s selection, after Landlord has acted in good faith in
reviewing and considering the District’s questions and comments, shall be final. Landlord shall
then notify such Contractor by the next Business Day of its selection. Subcontractors selected by
Landlord and Contractor shall be the most responsive in terms of price and performance from
among those subcontractors that submitted accurate and complete bid responses in accordance
with all bid requirements and instructions by Landlord. Landlord shall ensure that the construction
contract for the Second Floor Tenant Improvements (the “TI Construction Contract”) will be a
guaranteed maximum price construction contract or a fixed price construction contract. Landlord
shall ensure that the Contractor and any subcontractors will construct the Second Floor Tenant
Improvements, and otherwise perform all work as sociated with the Second Floor Tenant
Improvements, in compliance with the TI Construction Contract, the final plans and specifications
for the Second Floor Tenant Improvements, this Eleventh Amendment and all applicable Laws.

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1200 First Street NE – Eleventh Amendment

19. Deemed Approval or Disapproval . Notwithstanding anything to the contrary
contained in this Eleventh Amendment, in the event that the District has not responded to Landlord
within a time period specified in Sections 10, 11 or 18 above then Landlord shall have the right to
deliver a notice to the District containing the following language in at least 16 point, bold font and
capital letters: “THIS NOTICE IS BEING DELIVERED PURSUANT TO THAT CERTAIN
ELEVENTH AMENDMENT TO IN- LEASE AGREEMENT WITH A N EXECUTION
DATE OF _________ ___, 20___ PERTAINING TO YOUR LEASE FOR PREMISES AT
1200 FIRST STREET, N E IN WASHINGTON, D.C. IF THE DISTRICT FAILS TO
PROVIDE TO LANDLORD WRITTEN APPROVAL OR REASONABLE DETAILS AS
TO THE DISTRICT’S OBJECTIONS TO __________________ IN ACCORDANCE WITH
SECTION [10, 11, 18] OF SAID AMENDMENT FOR WORK TO BE DONE AT THE
PREMISES WITHIN 3 BUSINESS DAYS OF THE DISTRICT’S RECEIPT OF THIS
NOTICE, THE DISTRICT WILL BE DEEMED TO HAVE [[APPROVED (AS TO
SECTIONS 10 AND 18) / [DISAPPROVED (AS TO SECTION 11) ]
___________________].” If the District fails to respond within such 3 Business Day period after
receipt of such notice from Landlord, then the District shall be deemed to have approved
Landlord’s submission as to Sections 10 and 18 or disapproved Landlord’s submission as to
Section 11.

20. Outside Delivery Date; District Delay . “Second Floor Tenant Improvements
Outside Delivery Date” means the date that is 60 days after the projected Substantial Completion
date set forth in the Preliminary Project Schedule, as such projected date may be amended in
subsequent iterations of the project schedule approved in writing by the District. Subject to Force
Majeure Events and any Second Floor District Delay, in the event that Landlord does not
Substantially Complete the Second Floor Tenant Improvements on or before the Second Floor
Tenant Improvements Outside Delivery Date, the District shall be entitled to a credit against the
Second Floor Annual Rental for each day beyond the Second Floor Outside Delivery Date that the
Second Floor Tenant Improvements have not been Substantially Completed. “ Second Floor
District Delay ” means : ( x) the D istrict’s failure to respond, notify, take any action otherwise
required under this Eleventh Amendment, or cooperate with Landlord’s reasonable request s in
order for Landlord to perform the Second Floor Tenant Improvements while the District is in
possession of the Second Floor Premises (e.g., not providing Landlord’s Contractor reasonable
access to the Second Floor Premises) , (y) any material delay beyond the Second Floor Tenant
Improvements Outside Delivery Date in the Substantial Completion of the Second Floor Tenant
Improvements directly resulting or arising from or in connection with any negligence or willful
misconduct of the District or any of its employees, officers, agents or contractors, as determined
by the judgment of a court of competent jurisdiction; and (z) any delay beyond the Second Floor
Tenant Improvements Outside Delivery Date in the Substantial Completion of the Second Floor
Tenant Improvements directly resulting or arising from or in connection with a delay relating to
an Second Floor Change Order requested by the District.

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1200 First Street NE – Eleventh Amendment
21. Davis-Bacon.
(a) Any work performed or caused to be performed within the Premises by
Landlord under a construction or other third party contract (“Premises Work”) shall be subject to
the Davis -Bacon Act (40 U.S.C. §§ 276a -276a-7) and Title 29 Code of Federal Regulations,
attached hereto as “Exhibit E” and made a part hereof (“Title 29”), as each may be amended from
time to time (the “DBA”). The definition of “Laws” under the Original Lease is hereby amended
to include the DBA. The DBA wage rates in effect for Washington, D.C. as of January 10, 2025
are attached hereto as “Exhibit F” and made a part hereof (the “DBA Wage Rates”). In the event
such attached DBA Wage Rates are amended or replaced as of the Eleventh Amendment Effective
Date, Landlord shall notify the District in writing and provide a copy of the wage rates in effect as
of the Eleventh Amendment Effective Date (the “Current Wage Rates ”). The Current Wage
Rates shall apply to the Second Floor Tenant Improvements work, and the wage rates applicable
to any future Premises Work shall be included in an amendment to the Lease setting forth the
conditions regarding such future work. At such time as any contractor performing Premises Work,
including the Contractor, as defined in Section 18 above (each, a “Premises Work Contractor”)
is preparing its contract with Landlord and its subcontractors, Landlord shall cause the Premises
Work Contractor to include the then applicable wage rates in its contract and subcontracts (which
as to the Second Floor Tenant Improvements work shall be the Current Wage Rates). Landlord
shall also cause the Premises Work Contractor to comply with the regulations implementing the
DBA and such regulations shall be incorporated into the Premises Work Contractor’s contract,
which in turn shall require the inclusion of such regulations in all subcontracts. Landlord shall
include or cause the inclusion of the wage rate and regulations compliance requirements within
any competitive request for proposal, bid or similar issuance for contractors and subcontractors.
The Premises Work contracts and subcontracts shall require compliance with the record keeping
requirements of the DBA, including keeping payroll records for at least 3 years from the date of
completion of the contracts and subcontracts.

(b) Landlord shall deliver or cause the Premises Work Contractor to deliver by
email to PMDLeasePayrolls@dc.gov the following: (i) prior to the commencement of any
Premises Work, a list of all general contractors and subcontractors to perform any Premises Work,
and (ii) a copy of each construction contract and subcontract within 5 Business Days of execution
thereof. Unless otherwise directed by the District, in addition, on a weekly basis, Landlord shall
deliver or cause the Premises Work Contractor to deliver by email to PMDLeasePayrolls@dc.gov
the following: (A) a list of the general contractors and subcontractors who have performed any
Premises Work during the applicable one week period, and (B) a certified payroll statement for
the applicable week from each general contractor and subcontractor on such list. Each certified
payroll statement shall be delivered in pdf format and the name of each pdf shall identify the name
of the contractor or subcontractor, the applicable week of the certified payroll statement, the name
of Landlord and the address of the leased premises. All references in this paragraph to subcontracts
and subcontractors refer to all tiers of Premises Work. The District may exercise any rights and
avail itself of any remedies available to it under the DBA and related acts in order to ensure
compliance therewith

22. Counterparts. This Eleventh Amendment may be executed in several counterparts
each of which shall constitute an original, but both of which together shall constitute one and the

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1200 First Street NE – Eleventh Amendment
same instrument. Execution and delivery of this Eleventh Amendment by electronic or facsimile
signature (including without limitation by an e -mailed .pdf document) shall be sufficient for all
purposes, and shall be binding on the Parties hereto.

23. Binding; Choice of Law. This Eleventh Amendment shall be (a) binding upon and
inure to the benefit of the Parties hereto and their respective representatives, successors and
permitted assigns, and (b) governed by, and construed in accordance with, the laws of the District
of Columbia, without regard to conflicts of law provisions.

24. Miscellaneous. The Parties, intending to be bound, acknowledge and agree that:
(a) the Lease contains and embodies the entire agreement of the Parties with respect to the matters
set forth herein, and supersedes and revokes any and all negotiations, arrangements, letters of
intent, representations, inducements or other agreements, oral or in writing with respect to such
matters; (b) no representations, inducements or agreements, oral or in writing, between the Parties
with respect to such matters, unless contained in the Lease, shall be of any force or effect; and (c)
in the event of any conflict between any terms of this Eleventh Amendment and those of the
Original Lease, the terms of this Eleventh Amendment shall control.

25. Absence of Interest . Landlord represents and warrants that no officer, agent,
employee, elected official or representative of the District of Columbia, including of the Council
of the District of Columbia, has received any payment or other consideration for the making of the
Lease, and that no such person has any interest, direct or indirect, in the Lease, or the proceeds
thereof or related thereto.

26. Authority. By executing this Eleventh Amendment, Landlord represents to the
District that: (i) it is authorized to enter into, execute and deliver this Eleventh Amendment and
perform its obligations hereunder; (ii) this Eleventh Amendment is effective and enforceable
against Landlord in accordance with its terms; (iii) the person signing on behalf of Landlord is
duly authorized to execute this Eleventh Amendment and thereby bind Landlord; (iv) no other
signatures or approvals are necessary in order to make all of the representations of Landlord
contained in this Section true and correct in all material respects; (v) Landlord is in good standing
in the District of Columbia and shall remain so for the term of the Lease; and (vi) Landlord is in
compliance with all District of Columbia laws and regulations applicable to Landlord, including
but not limited to laws and regulations pertaining to the District of Columbia Office of Tax and
Revenue and the District of Columbia Department of Employment Services, and shall remain so
for the term of the Lease.

27. Severability. Each provision of this Eleventh Amendment shall be valid and
enforceable to the fullest extent permitted by law. If any provision of this Eleventh Amendment
or the application thereof to any person or circumstance shall to any extent be invalid or
unenforceable, then such provision shall be deemed to be replaced by the valid and enforceable
provision most substantively similar to such invalid or unenforceable provision, and the remainder
of this Eleventh Amendment and the application of such provision to persons or circumstances
other than those as to which it is invalid or unenforceable shall not be affected thereby. Nothing
contained in this Eleventh Amendment shall be construed as permitting Landlord to charge or
receive interest in excess of the maximum rate allowed by law.

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1200 First Street NE – Eleventh Amendment

28. No Partnership; No Third Party Beneficiaries. Nothing contained in the Lease shall
be deemed or construed to create a partnership or joint venture of or between Landlord and the
District, or to create any other relationship between the Parties hereto other than that of landlord
and tenant. Nothing contained in the Lease shall be deemed or construed to create any third party
beneficiaries. The only entities that the Parties intend to be benefitted by the Lease are Landlord
and the District.

29. Not a Contract for Goods or Services. The Lease is not intended to be, nor shall it
be deemed or construed to be a contract for goods or services. Nothing contained in the Lease,
and no future action or inaction by the District under the Lease, shall be deemed or construed to
mean that the District has contracted with Landlord to perform any activity at the premises or the
property that is not ancillary to the conveyance of an interest in real property. Landlord expressly
acknowledges that the District is prohibited by law from entering into contracts for goods and
services without following the procedures set forth in the Procurement Practices Reform Act of
2010, D.C. Official Code § 2-351.01, et seq., as may be amended from time to time, or any other
applicable procurement authority.

30. The District’s Authority to Execute and Deliver this Eleventh Amendment.
Landlord acknowledges that the execution of this Eleventh Amendment by the District may be
subject to authorization by the Council of the District of Columbia pursuant to Section 451 of the
District of Columbia Home Rule Act (D.C. Official Code § 1-204.51 (2001)), as may be amended
from time to time.

31. Brokerage. Landlord acknowledges and agrees that Landlord shall pay any
commission or fee due to Landlord’s broker, if any, pursuant to a separate agreement. Landlord
shall indemnify, defend, and hold the District harmless from and against any damage, injury, loss
or claim relating to any broker, finder or agent claiming through or under Landlord with respect to
this Amendment. Savills, Inc. (“Savills”) is recognized as the exclusive broker representing the
District in this proposed transaction. Landlord shall compensate Savills on the Second Amendment
Adjustment Date (i.e., June 1, 2034) in an amount equal to one and fifty-nine hundredths of one
percent (1.59%) of the total Second Floor Annual Rental for the period from June 1, 2034 through
February 28, 2038, pursuant and subject to a separate brokerage agreement between Landlord and
Savills.

[Signature Pages and Exhibits to Follow]
Page 13 of 27 1200 First Street NE – Eleventh Amendment
IN WITNESS WHEREOF, Landlord and the District have executed this EleventhAmendment as of the Execution Date. LANDLORD:
[District’s Signature Page and Exhibits to Follow]

Page 14 of 27

1200 First Street NE – Eleventh Amendment

DISTRICT:

DISTRICT OF COLUMBIA, a municipal
corporation, by and through its Department of
General Services

By: ________________________________
Delano Hunter, Director

Approved as to Legal Sufficiency for the District of Columbia by:
Office of the General Counsel for the Department of General Services

By: _____________________________
Assistant General Counsel

[Exhibits to Follow]

Page 15 of 27

1200 First Street NE – Eleventh Amendment
EXHIBIT A

Second Floor Premises
(does not include shaded areas)

Page 16 of 27

1200 First Street NE – Eleventh Amendment
Exhibit B
Rent Schedule of Total Annual Rent
Original Premises + 2nd Floor starting 6/1/2034 Existing SF (no fitness) 199,822
New SF (w/Fitness): 202,204
Final SF with 2nd Floor Incorporation (6/1/2034) 225,465
Shell Rent + TI Amort Operating Base Tax Base Total
3/1/2023 2/28/2024 $34.24 $8.99 $9.86 $53.09 $10,607,995.14
3/1/2024 2/28/2025 $34.86 $8.99 $9.86 $53.71 $10,860,693.85
3/1/2025 2/28/2026 $35.50 $8.99 $9.86 $54.35 $10,989,463.70
3/1/2026 2/28/2027 $36.15 $8.99 $9.86 $55.00 $11,120,808.95
3/1/2027 2/28/2028 $36.81 $8.99 $9.86 $55.66 $11,254,781.10
3/1/2028 2/28/2029 $37.49 $8.99 $9.86 $56.34 $11,391,432.69
3/1/2029 2/28/2030 $38.18 $8.99 $9.86 $57.03 $11,530,817.31
3/1/2030 2/28/2031 $38.88 $8.99 $9.86 $57.73 $11,672,989.63
3/1/2031 2/28/2032 $39.60 $8.99 $9.86 $58.45 $11,818,005.39
3/1/2032 2/28/2033 $40.33 $8.99 $9.86 $59.18 $11,965,921.47
3/1/2033 2/28/2034 $41.07 $8.99 $9.86 $59.92 $12,116,795.87
3/1/2034 2/28/2035 $41.83 $8.99 $9.86 $60.68 $13,329,377.75
3/1/2035 2/28/2036 $42.61 $8.99 $9.86 $61.46 $13,857,301.51
3/1/2036 2/28/2037 $43.40 $8.99 $9.86 $62.25 $14,035,829.15
3/1/2037 2/28/2038 $44.21 $8.99 $9.86 $63.06 $14,217,927.34
Rental Abatement shall be applicable in accordance with LA 10 Section 7. (a) Landlord Credit
EXHIBIT B

Rent Schedule of Total Annual Rental for
Original Premises and, as of the Second Floor Adjustment Date, Combined Original
Premises and Second Floor Premises

Page 17 of 27

1200 First Street NE – Eleventh Amendment
EXHIBIT C

Form of Second Floor Declaration of Delivery

SECOND FLOOR DECLARATION OF DELIVERY FOR
SECOND FLOOR TENANT IMPROVEMENTS
THIS SECOND FLOOR DECLARATION OF DELIVERY FOR SECOND FLOOR
TENANT IMPROVEMENTS (this “Declaration”), made effective as of __________ ___, 202__
(the “Declaration Effective Date”), is entered into by and between VEF-VN CAPITOL PLAZA
I, LLC, a Delaware limited liability company (“Landlord”), and the DISTRICT OF COLUMBIA,
a municipal corporation, acting by and through its Department of General Services (the
“District”), pursuant to that certain Eleventh Amendment to In -Lease Agreement with an
Execution Date of ________________ ___, 202__ (the “Eleventh Amendment”), which amends
that certain In -Lease Agreement with a Lease Commencement Date of August 27, 2009, as
amended.
Capitalized terms used, but not defined, herein shall have the meanings ascribed to them
in the Eleventh Amendment. Landlord and the District do hereby agree and confirm that:
1. Landlord has Substantially Completed the Second Floor Tenant Improvements in
accordance with the Eleventh Amendment, subject to any remaining Punch List
Items, if any, set forth in “Schedule 1” attached hereto and made a part hereof; and
2. The date of Substantial Completion is _________ ___, 202__;
3. The Second Floor Landlord Credit is in the amount of $__________; and
4. [If applicable:] Landlord has delivered to the District a copy of the certificate of
occupancy for the Second Floor Premises (which may be a temporary certificate of
occupancy, provided that a final certificate of occupancy is delivered to the District
within 60 days).
[TWO SIGNATURE PAGES AND SCHEDULE FOLLOW]

Page 18 of 27

1200 First Street NE – Eleventh Amendment
IN WITNESS WHEREOF, Landlord and the District have caused their respective duly
authorized representative to execute and deliver this Declaration to be effective as of the
Declaration Effective Date.

LANDLORD:

VEF-VN CAPITOL PLAZA I, LLC, a Delaware Limited
Liability Company

By: VEF-VN Capitol Plaza I Venture LLC,
a Delaware limited liability company, its sole
member

By: Principal Life Insurance Company, an Iowa
corporation, for its Principal U.S. Property
Separate Account, its managing member

By: Principal Real Estate Investors, LLC,
a Delaware limited liability
company, its authorized signatory

By: __________________________
Name:________________________
Title:_________________________

AND:

By: __________________________
Name:________________________
Title:_________________________

[DISTRICT’S SIGNATURE PAGE AND SCHEDULE FOLLOW]

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1200 First Street NE – Eleventh Amendment

DISTRICT:

DISTRICT OF COLUMBIA,
a municipal corporation, acting by and though its
Department of General Services

By: _____________________________
Name: _____________________________
Title: _____________________________

Approved as to Legal Sufficiency for the District of Columbia by:
The Office of the General Counsel for the Department of General Services

By:______________________________
[Senior/Assistant] General Counsel

[SCHEDULE FOLLOWS]

Page 20 of 27

1200 First Street NE – Eleventh Amendment
SCHEDULE 1

Punch List Items

[Attach, if any (separately paginated); or, state “N/A”]

Page 21 of 27

1200 First Street NE – Eleventh Amendment
EXHIBIT D

Form of Declaration of Final Accounting

DECLARATION OF FINAL ACCOUNTING FOR
SECOND FLOOR TENANT IMPROVEMENTS

THIS DECLARATION OF FINAL ACCOUNTING FOR SECOND FLOOR TENANT
IMPROVEMENTS (this “ Declaration”), made effective as of __________ ___, 202__ (the
“Declaration Effective Date ”), is entered into by and between V EF-VN CAPITOL PLAZA I,
LLC, a Delaware limited liability company (“Landlord”), and the DISTRICT OF COLUMBIA,
a municipal corporation, acting by and through its Department of General Services (the
“District”), pursuant to that certain Eleventh Amendment to In -Lease Agreement with an
Execution Date of ________________ ___, 202__ (the “Eleventh Amendment”), which amends
that certain Lease Agreement with a Lease Commencement Date of August 27, 2009, as amended.
Capitalized terms used, but not defined, herein shall have the meanings ascribed to them
in the Eleventh Amendment. Landlord and the District do hereby agree and confirm that:
1. Landlord and the District agree on the Final Accounting of the Second Floor TI
Construction Costs, a copy of which is set forth in “ Schedule 1” attached hereto
and made a part hereof.
2. The Second Floor Tenant Improvement Allowance is in the total amount of
$344,790.00.
3. The total amount of the Second Floor TI Construction Costs is $___________.
[SELECT FROM AND COMPLETE THE FOLLOWING, AS APPLICABLE:]

4. The total amount of Second Floor Change Order Costs is $_______________.

5. The total amount of Second Floor Excess Costs is $____________.

6. The District has previously elected to apply [the total amount/a portion] of its
[Second Floor Landlord Credit/Tenth Amendment Allowances], in the amount of
[$_______], towards Excess Costs. As a result, [$____] of the Second Floor
Landlord Credit remains to be applied as a credit against Annual Rental for the
Second Floor Premises commencing with the next installment of Annual Rental
due after the Declaration Effective Date; and [$____] of the Tenth Amendment
Allowances remains to be applied in accordance with the terms of the Tenth
Amendment.

7. The total amount of Excess Costs to be paid as Additional Rent in a lump sum
pursuant to the District’s Acceptance(s) is $______, which shall be paid by the
District as Additional Rent to Landlord with the next installment of Annual Rental

Page 22 of 27

1200 First Street NE – Eleventh Amendment
for the Second Floor Premises due after [the Declaration Effective Date/exhaustion
of the Second Floor Landlord Credit].

8. The Second Floor Tenant Improvement Allowance exceeds the Second Floor TI
Construction Costs by $______. Pursuant to the Eleventh Amendment, such
amount is available to the Dis trict as a rental abatement of Annual Rental and
Additional Rent for the Second Floor Premises payable under the Lease , to be
applied to the next successive payment(s) of such Annual Rental and Additional
Rent due and payable by the District after the exhaustion of the Second Floor
Landlord Credit.

[TWO SIGNATURE PAGES AND SCHEDULE FOLLOW]

Page 23 of 27

1200 First Street NE – Eleventh Amendment
IN WITNESS WHEREOF, Landlord and the District have caused their respective duly
authorized representative to execute and deliver this Declaration to be effective as of the
Declaration Effective Date.

LANDLORD:

VEF-VN CAPITOL PLAZA I, LLC, a Delaware Limited
Liability Company

By: VEF-VN Capitol Plaza I Venture LLC,
a Delaware limited liability company, its sole
member

By: Principal Life Insurance Company, an Iowa
corporation, for its Principal U.S. Property
Separate Account, its managing member

By: Principal Real Estate Investors, LLC,
a Delaware limited liability
company, its authorized signatory

By: __________________________
Name:________________________
Title:_________________________

AND:

By: __________________________
Name:________________________
Title:_________________________

[DISTRICT’S SIGNATURE PAGE AND SCHEDULE FOLLOW]

Page 24 of 27

1200 First Street NE – Eleventh Amendment

DISTRICT:

DISTRICT OF COLUMBIA,
a municipal corporation, acting by and though its
Department of General Services

By: _____________________________
Name: _____________________________
Title: _____________________________

Approved as to Legal Sufficiency for the District of Columbia by:
The Office of the General Counsel for the Department of General Services

By:______________________________
[Senior/Assistant] General Counsel

[SCHEDULE FOLLOWS]

Page 25 of 27

1200 First Street NE – Eleventh Amendment
SCHEDULE 1
(To Declaration of Final Accounting)

Second Floor Final Accounting

[Attach]

P
age 26 of 27
1200 First Street NE – Eleventh Amendment
EXHIBIT E
Title 29 Code of Federal Regulations
[Please see attached (separately paginated)]
111
Office of the Secretary of Labor § 5.5
rate of costs to the contractor or sub-
contractor which may be reasonably
anticipated in providing bona fide
fringe benefits to laborers and mechan-
ics pursuant to an enforceable commit-
ment to carry out a financially respon-
sible plan of program, which was com-
municated in writing to the laborers
and mechanics affected. The fringe
benefits enumerated in the Davis-
Bacon Act include medical or hospital
care, pensions on retirement or death,
compensation for injuries or illness re-
sulting from occupational activity, or
insurance to provide any of the fore-
going; unemployment benefits; life in-
surance, disability insurance, sickness
insurance, or accident insurance; vaca-
tion or holiday pay; defraying costs of
apprenticeship or other similar pro-
grams; or other bona fide fringe bene-
fits. Fringe benefits do not include ben-
efits required by other Federal, State,
or local law.
(q) The term wage determination in-
cludes the original decision and any
subsequent decisions modifying, super-
seding, correcting, or otherwise chang-
ing the provisions of the original deci-
sion. The application of the wage deter-
mination shall be in accordance with
the provisions of § 1.6 of this title.
[48 FR 19541, Apr. 29, 1983, as amended at 48
FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4,
1990; 57 FR 19206, May 4, 1992; 65 FR 69693,
Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]
§§ 5.3–5.4 [Reserved]
§ 5.5 Contract provisions and related
matters.
(a) The Agency head shall cause or
require the contracting officer to in-
sert in full in any contract in excess of
$2,000 which is entered into for the ac-
tual construction, alteration and/or re-
pair, including painting and deco-
rating, of a public building or public
work, or building or work financed in
whole or in part from Federal funds or
in accordance with guarantees of a
Federal agency or financed from funds
obtained by pledge of any contract of a
Federal agency to make a loan, grant
or annual contribution (except where a
different meaning is expressly indi-
cated), and which is subject to the
labor standards provisions of any of the
acts listed in § 5.1, the following clauses
(or any modifications thereof to meet
the particular needs of the agency, Pro-
vided, That such modifications are first
approved by the Department of Labor):
(1) Minimum wages. (i) All laborers
and mechanics employed or working
upon the site of the work (or under the
United States Housing Act of 1937 or
under the Housing Act of 1949 in the
construction or development of the
project), will be paid unconditionally
and not less often than once a week,
and without subsequent deduction or
rebate on any account (except such
payroll deductions as are permitted by
regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and
bona fide fringe benefits (or cash
equivalents thereof) due at time of
payment computed at rates not less
than those contained in the wage de-
termination of the Secretary of Labor
which is attached hereto and made a
part hereof, regardless of any contrac-
tual relationship which may be alleged
to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reason-
ably anticipated for bona fide fringe
benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers
or mechanics are considered wages paid
to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contribu-
tions made or costs incurred for more
than a weekly period (but not less
often than quarterly) under plans,
funds, or programs which cover the
particular weekly period, are deemed
to be constructively made or incurred
during such weekly period. Such labor-
ers and mechanics shall be paid the ap-
propriate wage rate and fringe benefits
on the wage determination for the clas-
sification of work actually performed,
without regard to skill, except as pro-
vided in § 5.5(a)(4). Laborers or mechan-
ics performing work in more than one
classification may be compensated at
the rate specified for each classifica-
tion for the time actually worked
therein: Provided, That the employer’s
payroll records accurately set forth the
time spent in each classification in
which work is performed. The wage de-
termination (including any additional
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112
29 CFR Subtitle A (7–1–03 Edition)§ 5.5
classification and wage rates con-
formed under paragraph (a)(1)(ii) of
this section) and the Davis-Bacon post-
er (WH–1321) shall be posted at all
times by the contractor and its sub-
contractors at the site of the work in a
prominent and accessible place where
it can be easily seen by the workers.
(ii)(A) The contracting officer shall
require that any class of laborers or
mechanics, including helpers, which is
not listed in the wage determination
and which is to be employed under the
contract shall be classified in conform-
ance with the wage determination. The
contracting officer shall approve an ad-
ditional classification and wage rate
and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the
classification requested is not per-
formed by a classification in the wage
determination; and
(2) The classification is utilized in
the area by the construction industry;
and
(3) The proposed wage rate, including
any bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage determina-
tion.
(B) If the contractor and the laborers
and mechanics to be employed in the
classification (if known), or their rep-
resentatives, and the contracting offi-
cer agree on the classification and
wage rate (including the amount des-
ignated for fringe benefits where appro-
priate), a report of the action taken
shall be sent by the contracting officer
to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, U.S. Department of
Labor, Washington, DC 20210. The Ad-
ministrator, or an authorized rep-
resentative, will approve, modify, or
disapprove every additional classifica-
tion action within 30 days of receipt
and so advise the contracting officer or
will notify the contracting officer
within the 30-day period that addi-
tional time is necessary.
(C) In the event the contractor, the
laborers or mechanics to be employed
in the classification or their represent-
atives, and the contracting officer do
not agree on the proposed classifica-
tion and wage rate (including the
amount designated for fringe benefits,
where appropriate), the contracting of-
ficer shall refer the questions, includ-
ing the views of all interested parties
and the recommendation of the con-
tracting officer, to the Administrator
for determination. The Administrator,
or an authorized representative, will
issue a determination within 30 days of
receipt and so advise the contracting
officer or will notify the contracting
officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe
benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or
(C) of this section, shall be paid to all
workers performing work in the classi-
fication under this contract from the
first day on which work is performed in
the classification.
(iii) Whenever the minimum wage
rate prescribed in the contract for a
class of laborers or mechanics includes
a fringe benefit which is not expressed
as an hourly rate, the contractor shall
either pay the benefit as stated in the
wage determination or shall pay an-
other bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make
payments to a trustee or other third
person, the contractor may consider as
part of the wages of any laborer or me-
chanic the amount of any costs reason-
ably anticipated in providing bona fide
fringe benefits under a plan or pro-
gram, Provided, That the Secretary of
Labor has found, upon the written re-
quest of the contractor, that the appli-
cable standards of the Davis-Bacon Act
have been met. The Secretary of Labor
may require the contractor to set aside
in a separate account assets for the
meeting of obligations under the plan
or program.
(2) Withholding. The (write in name of
Federal Agency or the loan or grant re-
cipient) shall upon its own action or
upon written request of an authorized
representative of the Department of
Labor withhold or cause to be withheld
from the contractor under this con-
tract or any other Federal contract
with the same prime contractor, or any
other federally-assisted contract sub-
ject to Davis-Bacon prevailing wage re-
quirements, which is held by the same
prime contractor, so much of the ac-
crued payments or advances as may be
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113
Office of the Secretary of Labor § 5.5
considered necessary to pay laborers
and mechanics, including apprentices,
trainees, and helpers, employed by the
contractor or any subcontractor the
full amount of wages required by the
contract. In the event of failure to pay
any laborer or mechanic, including any
apprentice, trainee, or helper, em-
ployed or working on the site of the
work (or under the United States Hous-
ing Act of 1937 or under the Housing
Act of 1949 in the construction or de-
velopment of the project), all or part of
the wages required by the contract, the
(Agency) may, after written notice to
the contractor, sponsor, applicant, or
owner, take such action as may be nec-
essary to cause the suspension of any
further payment, advance, or guar-
antee of funds until such violations
have ceased.
(3) Payrolls and basic records. (i) Pay-
rolls and basic records relating thereto
shall be maintained by the contractor
during the course of the work and pre-
served for a period of three years there-
after for all laborers and mechanics
working at the site of the work (or
under the United States Housing Act of
1937, or under the Housing Act of 1949,
in the construction or development of
the project). Such records shall contain
the name, address, and social security
number of each such worker, his or her
correct classification, hourly rates of
wages paid (including rates of contribu-
tions or costs anticipated for bona fide
fringe benefits or cash equivalents
thereof of the types described in sec-
tion 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours
worked, deductions made and actual
wages paid. Whenever the Secretary of
Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any la-
borer or mechanic include the amount
of any costs reasonably anticipated in
providing benefits under a plan or pro-
gram described in section 1(b)(2)(B) of
the Davis-Bacon Act, the contractor
shall maintain records which show that
the commitment to provide such bene-
fits is enforceable, that the plan or pro-
gram is financially responsible, and
that the plan or program has been com-
municated in writing to the laborers or
mechanics affected, and records which
show the costs anticipated or the ac-
tual cost incurred in providing such
benefits. Contractors employing ap-
prentices or trainees under approved
programs shall maintain written evi-
dence of the registration of apprentice-
ship programs and certification of
trainee programs, the registration of
the apprentices and trainees, and the
ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit
weekly for each week in which any
contract work is performed a copy of
all payrolls to the (write in name of ap-
propriate Federal agency) if the agency
is a party to the contract, but if the
agency is not such a party, the con-
tractor will submit the payrolls to the
applicant, sponsor, or owner, as the
case may be, for transmission to the
(write in name of agency). The payrolls
submitted shall set out accurately and
completely all of the information re-
quired to be maintained under
§ 5.5(a)(3)(i) of Regulations, 29 CFR part
5. This information may be submitted
in any form desired. Optional Form
WH–347 is available for this purpose
and may be purchased from the Super-
intendent of Documents (Federal Stock
Number 029–005–00014–1), U.S. Govern-
ment Printing Office, Washington, DC
20402. The prime contractor is respon-
sible for the submission of copies of
payrolls by all subcontractors.
(B) Each payroll submitted shall be
accompanied by a ‘‘Statement of Com-
pliance,’’ signed by the contractor or
subcontractor or his or her agent who
pays or supervises the payment of the
persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll
period contains the information re-
quired to be maintained under
§ 5.5(a)(3)(i) of Regulations, 29 CFR part
5 and that such information is correct
and complete;
(2) That each laborer or mechanic
(including each helper, apprentice, and
trainee) employed on the contract dur-
ing the payroll period has been paid the
full weekly wages earned, without re-
bate, either directly or indirectly, and
that no deductions have been made ei-
ther directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations,
29 CFR part 3;
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114
29 CFR Subtitle A (7–1–03 Edition)§ 5.5
(3) That each laborer or mechanic has
been paid not less than the applicable
wage rates and fringe benefits or cash
equivalents for the classification of
work performed, as specified in the ap-
plicable wage determination incor-
porated into the contract.
(C) The weekly submission of a prop-
erly executed certification set forth on
the reverse side of Optional Form WH–
347 shall satisfy the requirement for
submission of the ‘‘Statement of Com-
pliance’’ required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the
above certifications may subject the
contractor or subcontractor to civil or
criminal prosecution under section 1001
of title 18 and section 231 of title 31 of
the United States Code.
(iii) The contractor or subcontractor
shall make the records required under
paragraph (a)(3)(i) of this section avail-
able for inspection, copying, or tran-
scription by authorized representatives
of the (write the name of the agency)
or the Department of Labor, and shall
permit such representatives to inter-
view employees during working hours
on the job. If the contractor or subcon-
tractor fails to submit the required
records or to make them available, the
Federal agency may, after written no-
tice to the contractor, sponsor, appli-
cant, or owner, take such action as
may be necessary to cause the suspen-
sion of any further payment, advance,
or guarantee of funds. Furthermore,
failure to submit the required records
upon request or to make such records
available may be grounds for debar-
ment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—(i) Ap-
prentices. Apprentices will be permitted
to work at less than the predetermined
rate for the work they performed when
they are employed pursuant to and in-
dividually registered in a bona fide ap-
prenticeship program registered with
the U.S. Department of Labor, Employ-
ment and Training Administration, Of-
fice of Apprenticeship Training, Em-
ployer and Labor Services, or with a
State Apprenticeship Agency recog-
nized by the Office, or if a person is em-
ployed in his or her first 90 days of pro-
bationary employment as an appren-
tice in such an apprenticeship program,
who is not individually registered in
the program, but who has been cer-
tified by the Office of Apprenticeship
Training, Employer and Labor Services
or a State Apprenticeship Agency
(where appropriate) to be eligible for
probationary employment as an ap-
prentice. The allowable ratio of ap-
prentices to journeymen on the job site
in any craft classification shall not be
greater than the ratio permitted to the
contractor as to the entire work force
under the registered program. Any
worker listed on a payroll at an ap-
prentice wage rate, who is not reg-
istered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage deter-
mination for the classification of work
actually performed. In addition, any
apprentice performing work on the job
site in excess of the ratio permitted
under the registered program shall be
paid not less than the applicable wage
rate on the wage determination for the
work actually performed. Where a con-
tractor is performing construction on a
project in a locality other than that in
which its program is registered, the ra-
tios and wage rates (expressed in per-
centages of the journeyman’s hourly
rate) specified in the contractor’s or
subcontractor’s registered program
shall be observed. Every apprentice
must be paid at not less than the rate
specified in the registered program for
the apprentice’s level of progress, ex-
pressed as a percentage of the journey-
men hourly rate specified in the appli-
cable wage determination. Apprentices
shall be paid fringe benefits in accord-
ance with the provisions of the appren-
ticeship program. If the apprenticeship
program does not specify fringe bene-
fits, apprentices must be paid the full
amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator de-
termines that a different practice pre-
vails for the applicable apprentice clas-
sification, fringes shall be paid in ac-
cordance with that determination. In
the event the Office of Apprenticeship
Training, Employer and Labor Serv-
ices, or a State Apprenticeship Agency
recognized by the Office, withdraws ap-
proval of an apprenticeship program,
the contractor will no longer be per-
mitted to utilize apprentices at less
than the applicable predetermined rate
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115
Office of the Secretary of Labor § 5.5
for the work performed until an accept-
able program is approved.
(ii) Trainees. Except as provided in 29
CFR 5.16, trainees will not be per-
mitted to work at less than the pre-
determined rate for the work per-
formed unless they are employed pur-
suant to and individually registered in
a program which has received prior ap-
proval, evidenced by formal certifi-
cation by the U.S. Department of
Labor, Employment and Training Ad-
ministration. The ratio of trainees to
journeymen on the job site shall not be
greater than permitted under the plan
approved by the Employment and
Training Administration. Every train-
ee must be paid at not less than the
rate specified in the approved program
for the trainee’s level of progress, ex-
pressed as a percentage of the journey-
man hourly rate specified in the appli-
cable wage determination. Trainees
shall be paid fringe benefits in accord-
ance with the provisions of the trainee
program. If the trainee program does
not mention fringe benefits, trainees
shall be paid the full amount of fringe
benefits listed on the wage determina-
tion unless the Administrator of the
Wage and Hour Division determines
that there is an apprenticeship pro-
gram associated with the cor-
responding journeyman wage rate on
the wage determination which provides
for less than full fringe benefits for ap-
prentices. Any employee listed on the
payroll at a trainee rate who is not
registered and participating in a train-
ing plan approved by the Employment
and Training Administration shall be
paid not less than the applicable wage
rate on the wage determination for the
classification of work actually per-
formed. In addition, any trainee per-
forming work on the job site in excess
of the ratio permitted under the reg-
istered program shall be paid not less
than the applicable wage rate on the
wage determination for the work actu-
ally performed. In the event the Em-
ployment and Training Administration
withdraws approval of a training pro-
gram, the contractor will no longer be
permitted to utilize trainees at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(iii) Equal employment opportunity.
The utilization of apprentices, trainees
and journeymen under this part shall
be in conformity with the equal em-
ployment opportunity requirements of
Executive Order 11246, as amended, and
29 CFR part 30.
(5) Compliance with Copeland Act re-
quirements. The contractor shall com-
ply with the requirements of 29 CFR
part 3, which are incorporated by ref-
erence in this contract.
(6) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such
other clauses as the (write in the name
of the Federal agency) may by appro-
priate instructions require, and also a
clause requiring the subcontractors to
include these clauses in any lower tier
subcontracts. The prime contractor
shall be responsible for the compliance
by any subcontractor or lower tier sub-
contractor with all the contract
clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A
breach of the contract clauses in 29
CFR 5.5 may be grounds for termi-
nation of the contract, and for debar-
ment as a contractor and a subcon-
tractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts
1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards.
Disputes arising out of the labor stand-
ards provisions of this contract shall
not be subject to the general disputes
clause of this contract. Such disputes
shall be resolved in accordance with
the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of
this clause include disputes between
the contractor (or any of its sub-
contractors) and the contracting agen-
cy, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility. (i) By
entering into this contract, the con-
tractor certifies that neither it (nor he
or she) nor any person or firm who has
an interest in the contractor’s firm is a
person or firm ineligible to be awarded
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116
29 CFR Subtitle A (7–1–03 Edition)§ 5.5
Government contracts by virtue of sec-
tion 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be
subcontracted to any person or firm in-
eligible for award of a Government
contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false
statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety
Standards Act. The Agency Head shall
cause or require the contracting officer
to insert the following clauses set forth
in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in
an amount in excess of $100,000 and sub-
ject to the overtime provisions of the
Contract Work Hours and Safety
Standards Act. These clauses shall be
inserted in addition to the clauses re-
quired by § 5.5(a) or 4.6 of part 4 of this
title. As used in this paragraph, the
terms laborers and mechanics include
watchmen and guards.
(1) Overtime requirements. No con-
tractor or subcontractor contracting
for any part of the conract work which
may require or involve the employ-
ment of laborers or mechanics shall re-
quire or permit any such laborer or me-
chanic in any workweek in which he or
she is employed on such work to work
in excess of forty hours in such work-
week unless such laborer or mechanic
receives compensation at a rate not
less than one and one-half times the
basic rate of pay for all hours worked
in excess of forty hours in such work-
week.
(2) Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in
paragraph (b)(1) of this section the con-
tractor and any subcontractor respon-
sible therefor shall be liable for the un-
paid wages. In addition, such con-
tractor and subcontractor shall be lia-
ble to the United States (in the case of
work done under contract for the Dis-
trict of Columbia or a territory, to
such District or to such territory), for
liquidated damages. Such liquidated
damages shall be computed with re-
spect to each individual laborer or me-
chanic, including watchmen and
guards, employed in violation of the
clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each
calendar day on which such individual
was required or permitted to work in
excess of the standard workweek of
forty hours without payment of the
overtime wages required by the clause
set forth in paragraph (b)(1) of this sec-
tion.
(3) Withholding for unpaid wages and
liquidated damages. The (write in the
name of the Federal agency or the loan
or grant recipient) shall upon its own
action or upon written request of an
authorized representative of the De-
partment of Labor withhold or cause to
be withheld, from any moneys payable
on account of work performed by the
contractor or subcontractor under any
such contract or any other Federal
contract with the same prime con-
tractor, or any other federally-assisted
contract subject to the Contract Work
Hours and Safety Standards Act, which
is held by the same prime contractor,
such sums as may be determined to be
necessary to satisfy any liabilities of
such contractor or subcontractor for
unpaid wages and liquidated damages
as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses set forth in para-
graph (b)(1) through (4) of this section
and also a clause requiring the sub-
contractors to include these clauses in
any lower tier subcontracts. The prime
contractor shall be responsible for
compliance by any subcontractor or
lower tier subcontractor with the
clauses set forth in paragraphs (b)(1)
through (4) of this section.
(c) In addition to the clauses con-
tained in paragraph (b), in any con-
tract subject only to the Contract
Work Hours and Safety Standards Act
and not to any of the other statutes
cited in § 5.1, the Agency Head shall
cause or require the contracting officer
to insert a clause requiring that the
contractor or subcontractor shall
maintain payrolls and basic payroll
records during the course of the work
and shall preserve them for a period of
three years from the completion of the
contract for all laborers and mechan-
ics, including guards and watchmen,
working on the contract. Such records
shall contain the name and address of
VerDate Jan<31>2003 04:20 Jul 12, 2003 Jkt 200105 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\200105T.XXX 200105T
117
Office of the Secretary of Labor § 5.6
each such employee, social security
number, correct classifications, hourly
rates of wages paid, daily and weekly
number of hours worked, deductions
made, and actual wages paid. Further,
the Agency Head shall cause or require
the contracting officer to insert in any
such contract a clause providing that
the records to be maintained under this
paragraph shall be made available by
the contractor or subcontractor for in-
spection, copying, or transcription by
authorized representatives of the
(write the name of agency) and the De-
partment of Labor, and the contractor
or subcontractor will permit such rep-
resentatives to interview employees
during working hours on the job.
(The information collection, recordkeeping,
and reporting requirements contained in the
following paragraphs of this section were ap-
proved by the Office of Management and
Budget:
Paragraph OMB Con-
trol Number
(a)(1)(ii)(B) ......................................................... 1215–0140
(a)(1)(ii)(C) ......................................................... 1215–0140
(a)(1)(iv) ............................................................. 1215–0140
(a)(3)(i) ............................................................... 1215–0140,
1215–0017
(a)(3)(ii)(A) ......................................................... 1215–0149
(c) ....................................................................... 1215–0140,
1215–0017
[48 FR 19540, Apr. 29, 1983, as amended at 51
FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4,
1990; 57 FR 28776, June 26, 1992; 58 FR 58955,
Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR
69693, Nov. 20, 2000]
EFFECTIVE DATE NOTE: At 58 FR 58955, Nov.
5, 1993, § 5.5 was amended by suspending para-
graph (a)(1)(ii) indefinitely.
§ 5.6 Enforcement.
(a)(1) It shall be the responsibility of
the Federal agency to ascertain wheth-
er the clauses required by § 5.5 have
been inserted in the contracts subject
to the labor standards provisions of the
Acts contained in § 5.1. Agencies which
do not directly enter into such con-
tracts shall promulgate the necessary
regulations or procedures to require
the recipient of the Federal assistance
to insert in its contracts the provisions
of § 5.5. No payment, advance, grant,
loan, or guarantee of funds shall be ap-
proved by the Federal agency unless
the agency insures that the clauses re-
quired by § 5.5 and the appropriate wage
determination of the Secretary of
Labor are contained in such contracts.
Furthermore, no payment, advance,
grant, loan, or guarantee of funds shall
be approved by the Federal agency
after the beginning of construction un-
less there is on file with the agency a
certification by the contractor that the
contractor and its subcontractors have
complied with the provisions of § 5.5 or
unless there is on file with the agency
a certification by the contractor that
there is a substantial dispute with re-
spect to the required provisions.
(2) Payrolls and Statements of Com-
pliance submitted pursuant to
§ 5.5(a)(3)(ii) shall be preserved by the
Federal agency for a period of 3 years
from the date of completion of the con-
tract and shall be produced at the re-
quest of the Department of Labor at
any time during the 3-year period.
(3) The Federal agency shall cause
such investigations to be made as may
be necessary to assure compliance with
the labor standards clauses required by
§ 5.5 and the applicable statutes listed
in § 5.1. Investigations shall be made of
all contracts with such frequency as
may be necessary to assure compli-
ance. Such investigations shall include
interviews with employees, which shall
be taken in confidence, and examina-
tions of payroll data and evidence of
registration and certification with re-
spect to apprenticeship and training
plans. In making such examinations,
particular care shall be taken to deter-
mine the correctness of classifications
and to determine whether there is a
disproportionate employment of labor-
ers and of apprentices or trainees reg-
istered in approved programs. Such in-
vestigations shall also include evidence
of fringe benefit plans and payments
thereunder. Complaints of alleged vio-
lations shall be given priority.
(4) In accordance with normal oper-
ating procedures, the contracting agen-
cy may be furnished various investiga-
tory material from the investigation
files of the Department of Labor. None
of the material, other than computa-
tions of back wages and liquidated
damages and the summary of back
wages due, may be disclosed in any
manner to anyone other than Federal
officials charged with administering
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P
age 27 of 27
1200 First Street NE – Eleventh Amendment
EXHIBIT F
DBA Wage Rates
[Please see attached (separately paginated)]
"GeneralDecisionNumber:DC2@25@002@1/1¢/2025
SupersededGeneralDecisionNumber:DC20240002
State:DistrictofColumbia
ConstructionType:Building
County:Districtof ColumbiaStatewide.
BUILDINGCONSTRUCTIONPROJECTS(doesnotincludesinglefamilyhomesorapartmentsuptoandincluding4 stories).
Note:ContractssubjecttotheDavis-BaconActaregenerallyrequiredtopayatleasttheapplicableminimumwageraterequiredunderExecutiveOrder14026orExecutiveOrder13658.PleasenotethattheseExecutiveOrdersapplytocoveredcontractsenteredintobythefederalgovernmentthataresubjecttotheDavis-BaconActitself,butdonotapplytocontractssubjectonlytotheDavis-BaconRelatedActs,includingthosesetforthat29CFR5.1(a)(1).
[Ifthe contractis entered|iintoonorafterJanuary30,|2022,orthecontractis[renewedorextended(e.g.,anJoptionisexercised)onorlafterJanuary30,2022:
|TFthecontractwasawardedonJorbetweenJanuary1,2015and]IJanuary29,2022,andthe[contractisnotrenewedorlextendedon or afterJanuary[3e,2022:
+ ExecutiveOrder14026generallyappliestothecontract.+Thecontractormustpayallcoveredworkersatleast$17.75perhour(ortheapplicablewageratelistedonthiswagedetermination,ifitishigher)forallhoursspentperformingonthecontractin2025.
> ExecutiveOrder13658generallyappliestothecontract.-Thecontractormustpayallcoveredworkersatleast$13.30perhour(ortheapplicablewageratelistedonthiswagedetermination,ifitishigher)forallhoursspentperformingon
I
I
I
I
I
I
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I
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|thatcontractin 2025. |
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TheapplicableExecutiveOrderminimumwageratewillbeadjustedannually.IfthiscontractiscoveredbyoneoftheExecutiveOrdersanda classificationconsiderednecessaryforperformanceofworkonthecontractdoesnotappearonthiswagedetermination,thecontractormuststillsubmitaconformancerequest.
AdditionalinformationoncontractorrequirementsandworkerprotectionsundertheExecutiveOrdersisavailableathttp://www.dol.gov/whd/govcontracts..
ModificationNumbere1
PublicationDate01/23/202501/10/2025
* ASBEQ024-00710/01/2024
Rates Fringes
ASBESTOSWORKER/HEAT& FROSTINSULATOR.....++ seee$40.77 20.1748

Includestheapplicationofallinsulatingmaterials,protectivecoverings,coatingsandfinishestoalltypesofmechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

* ASBE@@24-00810/01/2024
Rates Fringes
ASBESTOSWORKER:HAZARDOUSMATERIALHANDLER. ++$24.46 10.19+a
Includespreparation,wetting,stripping,removal,scrapping,vacuuming,bagginganddisposingofallinsulationmaterials,whethertheycontainasbestosornot,frommechanicalsystems
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,‘ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

* ASBEQ@24-01410/01/2024
Rates Fringes
FIRESTOPPER.«...+eeeeeeeeeeeeee+$30-22 10.4344
Includestheapplicationofmaterialsordeviceswithinoraroundpenetrationsandopeningsinallratedwallorfloorassemblies,inordertopreventthepasageoffire,smokeofothergases.Theapplicationincludesallcomponentsinvolvedincreatingtheratedbarrieratperimeterslabedgesandexteriorcavities,theheadofgypsumboardorconcretewalls,jointsbetweenratedwallorfloorcomponents,sealingofpenetratingitemsandblankopenings.
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKingDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,thedayafterThanksgivingandChristmasDayprovidedtheemployeeworkstheregularworkdaybeforeandafterthepaidholiday.

BRDC@001-20204/28/2024
Rates Fringes
BRICKLAYER -$37.50 14.38

CARP@197-01105/01/2024
Rates Fringes
CARPENTER,IncludesDrywallHanging,FormWork,andSoftFloorLaying-Carpet. -$34.41 14.33

CARP@219-@0105/01/2024
Rates Fringes
MILLWRIGHT...... seee$38.61 16.89

CARPO474-00605/01/2024
Rates Fringes
PILEDRIVERMAN....-+ seeeeeeeeeeee$36-60 14.47

ELECO@26-01606/05/2023
Rates Fringes
ELECTRICIAN,IncludesInstallationofHVAC/TemperatureControls........$53-00 21.35

* ELEC0026-01709/02/2024
Rates Fringes
ELECTRICALINSTALLER(Sound& CommunicationSystems).........$32.60 12.92

SCOPEOFWORK:Includeslowvoltageconstruction,installation,maintenanceandremovalofteledatafacilities(voice,dataandvideo)includingoutsideplant,telephoneanddatainsidewire,interconnect,terminalequipment,centraloffices,PABX,fiberopticcableandequipment,railroadcommunications,microwaves,VSAT,bypass,CATV,WAN(Wideareanetworks),LAN(Localareanetworks)andISDN(Integratedsystemsdigitalnetwork).
WORKEXCLUDED:Theinstallationofcomputersystemsinindustrialapplicationssuchasassemblylines,roboticsandcomputercontrollermanufacturingsystems.Theinstallationofconduitand/orracewaysshallbeinstalledbyInsideWiremen.OnsiteswherethereisnoInsideWiremanemployed,theTeledataTechnicianmayinstallracewayorconduitnotgreaterthan1@feet.Firealarmworkisexcludedonallnewconstructionsitesorwherever‘thefirealarmsystemisinstalledinconduit.AllHVACcontrolwork.

ELEVoe10-00101/01/2024
Rates Fringes
ELEVATORMECHANIC... ceeeee$54.77 37.885+atb
a.PAIDHOLIDAYS:NewYear'sDay,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDay,Christmas
DayandtheFridayafterThanksgiving.
b.VACATIONS:Employercontributes8%ofbasichourlyratefor5 yearsormoreofservice;6%ofbasichourlyratefor6 monthsto5 yearsofserviceasvacationpaycredit.

IRONO@OS-02506/81/2024
Rates Fringes
TRONWORKER,STRUCTURALAND‘ORNAMENTAL. -$37.86 25.86

IRONO@O5S-01205/01/2024
Rates Fringes
TRONWORKER,REINFORCING. -$31.88 23.78
Lag09e11-08906/01/2023
Rates Fringes
LABORER:Skilled.........++$28.95 7.70
FOOTNOTE:Potmen,powertooloperator,smallmachineoperator,signalmen,laserbeamoperator,waterproofer
(excludingroofing),opencaisson,testpit,underpinning,pierholeandditches,laggersandallworkassociatedwithlaggingthatisnotexpresslystated,strippers,operatorofhandderricks,vibratoroperators,pipelayers,ortilelayers,operatorsofjackhammers,pavingbreakers,spadersoranymachinethatdoesthesamegeneraltypeofwork,carpentertenders,scaffoldbuilders,operatorsoftownasters,scootcretes,buggymobilesandothermachinesofsimilarcharacter,operatorsoftampersandrammersandothermachinesthatdothesamegeneraltypeofwork,whetherpoweredbyair,electricorgasoline,buildersoftrestlescaffoldsoveronetierhighandsandblasters,powerandchainsawoperatorsusedinclearing,installersofwellpoints,wagondrilloperators,acetyleneburnersandlicensedpowdermen,stakejumper,demolition.

MARBOQ02-00404/28/2024
Rates Fringes
MARBLE/STONEMASON. -$44.30 20.92

INCLUDINGpointing,caulkingandcleaningofAlltypesofmasonry,brick,stoneandcementEXCEPTpointing,caulking,cleaningofexistingmasonry,brick,stoneandcement(restorationwork)

MARB003-00604/28/2024
Rates Fringes
TERRAZZOWORKER/SETTER. $33.41, 13.94

MARB@003-@0704/28/2024
Rates Fringes
TERRAZZOFINISHER...2...+++044++$28.09 12.29

MARB003-@0804/28/2024
Rates Fringes
TILESETTER. $33.41, 13.94

MARB@003-@0904/28/2024
Rates Fringes
TILEFINISHER....-s0seeeeeeeeeeeeS28.09 12.29

PAING@S1-0146/01/2023

Rates Fringes
GLAZIERGlazingContracts$2millionandunder.......+..-$30.52 13.85GlazingContractsover$2MALLION.....eeeeewees -$34.76 13.85

PAING@51-@156/01/2023
Rates Fringes
PAINTERBrush,Roller,SprayandDrywallFinisher. -$27.46 11.56

PLAS@891-00507/01/2023
Rates Fringes
PLASTERER(IncludingFireproofing)...++eereeeeeeeeeee$32-83 8.96

PLAS@891-20602/01/2024
Rates Fringes
CEMENTMASON/CONCRETEFINISHER...$ 30.25 13.60

PLUM@@@5-1008/01/2024
Rates Fringes
PLUMBER. +$51.25 22.4648

a,PAIDHOLIDAYS:LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgiving,ChristmasDay,NewYear'sDay,MartinLutherKing'sBirthday,MemorialDayandtheFourthofJuly.

PLUM@602-0808/01/2024
Rates Fringes
PIPEFITTER,IncludesHVACPipeInstallation....... +$52.27 23.79+a

a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKing'sBirthday,MemorialDay,IndependenceDay,LaborDay,Veterans’Day,ThanksgivingDayandthedayafterThanksgivingandChristmasDay.

ROOF0030-01607/01/2024
Rates Fringes
ROOFER...ssseeeeeeeeseee 14,91

‘SFDC@669-@0204/01/2024
Rates Fringes
SPRINKLERFITTER(FireSprinklers) $42.32 25.80

SHEE@100-01511/01/2023
Rates Fringes
SHEETMETALWORKER(IncludingHVACDuctInstallation)..........$47.92 22.7248
a.PAIDHOLIDAYS:NewYear'sDay,MartinLutherKing'sBirthday,MemorialDay,IndependenceDay,LaborDay,VeteransDay,ThanksgivingDayandChristmasDay

* supc2099-00305/19/2009
Rates Fringes
LABORER:CommonorGeneral......$13.04** 2.80

LABORER:MasonTender-Cement/Concrete.....s+eeeeeeeee-$15.40** 2.85
LABORER:MasonTenderfor
pointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,caulkingandcleaningofneworreplacementmasonry,brick,stoneandcement.. -$11.67**

POINTER,CAULKER,CLEANER,Includespointing,caulking,cleaningofexistingmasonry,brick,stoneandcementstructures(restorationwork);excludespointing,caulking,cleaningofneworreplacementmasonry,brick,stoneorcement. -$18.88

WELDERS- Receiverateprescribedforcraftperformingoperationtowhichweldingisincidental.

**Workersinthisclassificationmaybeentitledtoa higherminimumwageunderExecutiveOrder14026($17.75)or13658($13.30).PleaseseetheNoteatthetopofthewagedeterminationformoreinformation.PleasealsonotethattheminimumwagerequirementsofExecutiveOrder14026arenotcurrentlybeingenforcedastoanycontractorsubcontracttowhichthestatesofTexas,Louisiana,orMississippi,including‘theiragencies,area party.
Note:ExecutiveOrder(EO)13706,EstablishingPaidSickLeaveforFederalContractorsappliestoallcontractssubjecttotheDavis-BaconActforwhichthecontractisawarded(andanysolicitationwasissued)onorafterJanuary1,2017.IfthiscontractiscoveredbytheEO,thecontractormustprovideemployeeswith1 hourofpaidsickleaveforevery38hours‘theywork,upto56hoursofpaidsickleaveeachyear.Employeesmustbepermittedtousepaidsickleavefortheirownillness,injuryorotherhealth-relatedneeds,includingpreventivecare;toassista familymember(orpersonwhoislikefamilytotheemployee)whoisill,injured,orhasotherhealth-relatedneeds,includingpreventivecare;orforreasonsresultingfrom,ortoassista familymember(orpersonwhoislikefamilytotheemployee)whoisa victimof,domesticviolence,sexualassault,orstalking.AdditionalinformationoncontractorrequirementsandworkerprotectionsundertheEOisavailableathttps://www.dol.gov/agencies/whd/government-contracts.
Unlistedclassificationsneededforworknotincludedwithin‘thescopeoftheclassificationslistedmaybeaddedafterawardonlyasprovidedinthelaborstandardscontractclauses(29CFR5.5(a)(1)(444)).

Thebodyofeachwagedeterminationliststheclassificationsandwageratesthathavebeenfoundtobeprevailingforthetype(s)ofconstructionandgeographicareacoveredbythewagedetermination.Theclassificationsarelistedinalphabeticalorderunderrateidentifiersindicatingwhethertheparticularrateisa unionrate(currentunionnegotiatedrate),a surveyrate,a weightedunionaveragerate,a stateadoptedrate,orasupplementalclassificationrate.
UnionRateIdentifiers
A four-letteridentifierbeginningwithcharactersotherthan“"Su"",“"UAVG"",?SA?,or SC? denotesthata unionratewasprevailingforthatclassificationinthesurvey.Example:PLUM@198-@057/01/2024.PLUMisanidentifieroftheunionwhosecollectivelybargainedrateprevailedinthesurveyforthisclassification,whichinthisexamplewouldbePlumbers.@198indicatesthelocalunionnumberordistrictcouncilnumberwhereapplicable,i.e.,PlumbersLocal@198.Thenextnumber,@@5intheexample,isaninternalnumberusedinprocessingthewagedetermination.Thedate,07/01/2024intheexample,istheeffectivedateofthemostcurrentnegotiatedrate.

Unionprevailingwageratesareupdatedto reflectallchangesovertimethatarereportedtoWHDintherates
inthecollectivebargainingagreement(CBA)governingtheclassification.
UnionAverageRateIdentifiers
TheUAVGidentifierindicatesthatnosinglerateprevailedfor‘thoseclassifications,butthat100%ofthedatareportedfortheclassificationsreflectedunionrates.EXAMPLE:UAVG-OH-00101/01/2024.UAVGindicatesthattherateisaweightedunionaveragerate.OH indicatestheStateofOhio.Thenextnumber,@01@intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,@1/01/2024intheexample,indicatesthedatethewagedeterminationwasupdatedtoreflectthemostcurrentunionaveragerate.
‘AUAVGratewillbeupdatedoncea year,usuallyinJanuary,toreflecta weightedaverageofthecurrentratesinthecollectivebargainingagreementsonwhichtherateisbased.
SurveyRateIdentifiers
The""su""identifierindicatesthateithera singlenon-unionrateprevailed(asdefinedin29CFR1.2)forthisclassificationinthesurveyorthattheratewasderivedbycomputinga weightedaverageratebasedonalltheratesreportedinthesurveyforthatclassification.Asa weightedaveragerateincludesallratesreportedinthesurvey,itmayincludebothunionandnon-unionrates.Example:SUFL2022-0076/27/2024.SUindicatestherateisa singlenon-unionprevailingrateora weightedaverageofsurveydataforthatClassification.FLindicatestheStateofFlorida.2022istheyearofthesurveyonwhichtheseclassificationsandratesarebased.Thenextnumber,@07intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,6/27/2024intheexample,indicatesthesurveycompletiondatefortheclassificationsandratesunderthatidentifier.
?SU?wageratestypicallyremainineffectuntila newsurveyisconducted.However,theWageandHourDivision(WHD)hasthediscretiontoupdatesuchratesunder29CFR1.6(c)(1).
StateAdoptedRateIdentifiers
The""SA""identifierindicatesthattheclassificationsandprevailingwageratessetbya state(orlocal)governmentwereadoptedunder29C.F.R1.3(g)-(h).Example:SAME2023-00701/03/2024.SAreflectsthattheratesarestateadopted.MEreferstotheStateofMaine.2023istheyearduringwhichthestatecompletedthesurveyonwhichthelistedclassificationsandratesarebased.Thenextnumber,@07intheexample,isaninternalnumberusedinproducingthewagedetermination.Thedate,01/83/2024intheexample,reflectsthedateonwhich‘theclassificationsandratesunderthe?SA?identifiertookeffectunderstatelawinthestatefromwhichtherateswereadopted.

WAGEDETERMINATIONAPPEALSPROCESS
1)Hastherebeenan initialdecisioninthematter?Thiscanbe:
a)a surveyunderlyinga wagedeterminationb)anexistingpublishedwagedetermination
¢)aninitialWHDlettersettingfortha positionona wagedeterminationmatterd)aninitialconformance(additionalclassificationandrate)determination
Onsurveyrelatedmatters,initialcontact,includingrequestsforsummariesofsurveys,shouldbedirectedtotheWHDBranchofWageSurveys.Requestscanbesubmittedviaemailtodavisbaconinfo@dol.govorbymailto:
BranchofWageSurveysWageandHourDivisionU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC20210
Regardinganyotherwagedeterminationmattersuchasconformancedecisions,requestsforinitialdecisionsshouldbedirectedtotheWHDBranchofConstructionWageDeterminations.RequestscanbesubmittedviaemailtoBCWD-Office@dol.govorbymailto:
BranchofConstructionWageDeterminationsWageandHourDivisionU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC20216
2)Ifaninitialdecisionhasbeenissued,thenanyinterestedparty(thoseaffectedbytheaction)thatdisagreeswiththedecisioncanrequestreviewandreconsiderationfromtheWageandHourAdministrator(See29CFRPart1.8and29CFRPart7).Requestsforreviewandreconsiderationcanbesubmittedviaemailtodba.reconsideration@dol.govorbymailto:
WageandHourAdministratorU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC2021¢
Therequestshouldbeaccompaniedbya fullstatementoftheinterestedparty'spositionandanyinformation(wagepaymentdata,projectdescription,areapracticematerial,etc.)that‘therequestorconsidersrelevanttotheissue.
3)IfthedecisionoftheAdministratorisnotfavorable,aninterestedpartymayappealdirectlytotheAdministrativeReviewBoard(formerlytheWageAppealsBoard).Writeto:
AdministrativeReviewBoardU.S.DepartmentofLabor200ConstitutionAvenue,N.W.Washington,DC20210.

ENDOFGENERALDECISION"