Proposed Contract with Chiaramonte Construction Company to Contract No. DCAM-22-CS-RFP-0005

MURIEL BOWSER
MAYOR
April 2, 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) and
section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code § 2-352.02), enclosed
for consideration and approval by the Council of the District of Columbia is proposed Contract No. DCAM-
22-CS-RFP-0005 with
Chiaramonte Construction Company with a Guaranteed Maximum Price of
$1,800,000.00. The contract’s period of performance is from January 24, 2023, through October 10, 2025,
with a substantial completion date of August 11, 2025.
Under the proposed contract, Chiaramonte Construction Company will provide all required design-build
services to design and construct Americans with Disabilities Act (“ADA”) improvements at the following
four Department of Parks and Recreation locations:
• Banneker Community Center at 2500 Georgia Avenue, NW, Washington, DC 20001
• Kalorama Recreation Center at 1865 Kalorama Road, NW, Washington, DC 20009
• Mitchell Park Recreation Center at 1801 23rd Street, NW, Washington, DC 20008
• Rose Park Recreation Center at 2609 Dumbarton Street, NW, Washington, DC 20007
The Contractor will program, fully design, modify, construct, and renovate the existing buildings for ADA
compliance under the proposed contract with the Department of General Services (“DGS”). The
programming, design, construction, modification, revitaliz ation, and renovations will include overall
project landscaping, site furnishings, amenities, signage, hardscaping.
My administration is available to discuss any questions you may have regarding the proposed contract. In
order to facilitate a response to any questions you may have, please contact Delano Hunter, Director, DGS,
or have your staff contact Eric Njonjo, Acti ng Chief of Contracts and Procurement, DGS, at (202) 727 -
7138.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
1

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of General Services

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

COUNCIL CONTRACT SUMMARY
(Letter Contract or Emergency Contract)

Proposed Contract for Design-Build Services for ADA Upgrades of Four DPR Facilities
(DPR Package #1)

(A) Contract Number: DCAM-22-CS-RFP-0005 (the “Contract”)

Proposed Contractor: Chiaramonte Construction Company (the
“Contractor”)

Proposed Contractor’s Principals: Frank Chiaramonte
President

Contract Amount: Guaranteed Maximum Price (“GMP”) Amount:
$1,800,000.00 (includes $800,000.00 Letter
Contract amount)

Unit and Method of Compensation: Progress payments on a monthly basis

Term of Contract: January 24, 2023, through January 9, 2026
(Administrative Term Date) , with a Substantial
Completion Date of August 11, 2025. and a Final
Completion Date of October 10, 2025.

Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum
Price (“GMP”)

Source Selection Method: Competitive Request for Proposals (“RFP”)

2

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

Not applicable.

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

The Notice to Proceed & Letter Contract (“Letter Contract”) was executed on January 24, 2023.

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

The Letter Contract has been extended 9 times. Modification No. 9 to the Letter Contract, executed
on March 19, 2025, extended the term of the Letter Contract to June 30, 2025.

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

The total value of the services provided to date is $800,000.00, which represents the initial not-to-
exceed (“NTE”) amount established by the Letter Contract.

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

Chiaramonte Construction Company (the “Contractor” or “Design -Builder”) shall provide a full
range of design-build services for the design and construction of improvements of four Department
of Parks and Recreation (“DPR”) facilities for Americans with Disabilities Act (“ADA”) compliance
(the “Project”). The Design-Builder will be required to program, fully design, modify, construct, and
renovate the existing buildings for ADA compliance at the following four locations:

• Banneker Community Center at 2500 Georgia Avenue, NW, Washington, DC 20001
• Kalorama Recreation Center at 1865 Kalorama Road, NW, Washington, DC 20009
• Mitchell Park Recreation Center at 1801 23rd Street, NW, Washington, DC 20008
• Rose Park Recreation Center at 2609 Dumbarton Street, NW, Washington, DC 20007

The programming, design, construction, modification, revitalization, and renovations will include
overall project landscaping, site furnishings, amenities, signage, hardscaping, and all improvements
to comply with the ADA. The Project will include work sufficient for the development of a new
program, design, and ADA-compliant facilities. The Project must achieve substantial completion by
May 23, 2025.

The Contract contains a Guaranteed Maximum Price (“GMP”) amount of 1,800,000.00. As the
proposed amount of the Contract exceeds $1 million, Council approval is required for this contract
action.

3

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

On June 3, 2022, the Department issued RFP No. DCAM-22-CS-RFP-0005 - Design-Build Services
for the Project. A virtual pre-proposal conference was held on June 10, 2022. A total of two (2)
Addenda were issued:

Addendum No. 1, issued on July 1, 2022:

- Extended the proposal’s submission deadline to July 15, 2022 at 4:00 P.M.
- Provided the list of pre-proposal conference attendees.
- Provided the list of site visit attendees.

Addendum No. 1, issued on July 6, 2022:

- Provided revisions to the RFP as listed in Exhibit A.
- Provided the spreadsheet to the RFI responses.
- Provided the Form of Contract (Attachment M of the RFP).

Proposal Submissions:

On the Proposal ’s due date, July 15, 2022, seven (7) firms (collectively, the "Offerors" and each
individually, an "Offeror") submitted Proposals in a timely manner . One (1) firm was deemed
nonresponsive, and the remaining six (6) firms were evaluated by the Technical Evaluation Panel
(“TEP”).

Technical Evaluations Process:

Each Offeror’s technical proposal was independently evaluated by the TEP. A kick-off meeting was
held and established a schedule for the evaluation of proposals and discussed in detail the roles and
responsibilities of the TEP. In addition, each TEP member completed the required Disclosure
Agreement and Confidentiality Agreement. Prior to convening the evaluation meeting, each member
of the Panel individually completed an evaluation of the proposals.

Consensus Meeting:

After the Panel members had completed their individual evaluations of the proposals, the Panel met
on September 6, 2022, to develop the consensus technical score for each Offeror.

Contracting Officer’s Independent Evaluation:

The Department’s Contracting Officer carefully reviewed each of the proposals and independently
rated each Offeror. He further carefully reviewed the evaluation process followed by the Panel, their
notes and scoresheets, and their final consensus technical evaluation and concluded that the Panel’s
technical evaluations of the proposed Offerors were proper and reasonable.

4

Certified Business Enterprise Preference Points:

In addition to the price and technical scoring, a certain number of points were available for each
Offeror based on its status as a Certified Business Enterprise (“CBE”) as determined by the
Department of Small and Local Business Development (“DSLBD”). The Contractor was so certified
and received points accordingly.

The Contractor received 12 preference points or a 12 percent reduction in price.

Determination of a Fair and Reasonable Price:

When the total points for all of the three components (technical, price and CBE preference) were
combined, the Contractor was the highest ranked Offeror. The Contracting Officer examined the
fee/price proposal submitted by the Contractor and determined tha t the overall proposed fees/price
submitted by the Contractor is fair and reasonable.

Contract Award:

On January 24, 2023, the Department awarded Letter Contract No. DCAM -22-CS-RFP-0005 to the
Contractor as such award was determined to be most advantageous to the District.

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

The award of the Contract was not protested.

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

The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.

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

The Contractor is a certified Small Business Enterprise (“SBE”), Washington, DC -based firm and
has performed satisfactorily on previous projects with the District. The Contractor provides complete
professional design-build services and possesses the financial stability to successfully perform the
Project and has provided a staffing pl an for the Project , which has been reviewed and approved by
the Department. The Contractor has been determined responsible in accordance with 27 DCMR
4706.1.

5

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

The Contractor is a certified small business enterprise in accordance with the Act ( CBE Number:
LSZX29212122027). Notwithstanding the foregoing, the Contractor has certified that it will
subcontract a portion of the Contract amount to SBE/CBEs that are certified by DSLBD, as follows,
as required by law:

Contract’s NTE Dollar Value $1,800,000.00
Self-Performance Requirement 35%
Self-Performance Amount $630,000.00
Available for Subcontracting $1,170,000.00
Subcontracting Requirement % 35%
Subcontracting Plan Required Dollar Value $409,500.00
Subcontracting Plan Actual Dollar Value $483,127.00

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

The Contractor is required to provide the full range of design and construction services required for
the Project necessary to substantially complete the Project no later than May 23, 2025. The
Contractor’s performance will be monitored by DGS staff and DGS’s designated Program Manager.
Additionally, the Contractor must adhere to the terms and conditions of and the Standard Contract
Provisions for use with District of Columbia Government Ar chitectural/Engineering Services
contracts.

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

The Letter Contract executed by the Department on January 24, 2023, provides an initial NTE amount
of $288,800.00, and Modification 7 to the Letter Contract executed on September 24, 2024, provides
for an early release in the amount of $511,200.00 which increased the NTE amount to $800,000.00
and represents the total expenditure of funds authorized to date.

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

The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent with the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with D.C. Official Code §§ 47- 392.01 and 47- 392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.

6

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

The proposed Contract has been deemed legally sufficient by the Department’s Office of the General
Counsel, and the Contractor does not appear to have any current pending legal claims against the
District.

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

The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.

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

The Contractor has certified that it is current with its federal tax laws.

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

According to the DSLBD’s website, the Contractor is a certified Local, Small, or Disadvantaged
Business Enterprise. The Contractor’s CBE certification number is LSZX29212122027, with an
expiration date of December 31, 2027.

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

None.

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

The Contractor is not debarred from providing services to the Government of the District of Columbia
or the Federal Government according to the Office of Contracts & Procurement’s Excluded Parties
List and the Federal Government’s Excluded Parties List.

7

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

Not applicable.

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

Contract award information is available on the Department’s website. A copy of the contract
documents will be made available on the Department’s website upon approval.

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

The original solicitation and any amendments were posted on the Department’s website.

DCAM-22-CS-RFP-0005

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

Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a and will not be in violation of D.C. Official Code § 1-
1163.34a.

1101 4th Street, SW
Washington, DC 20024
Date of Notice: April 1, 2025 L0013905475Notice Number:
FEIN: **-***6336
Case ID: 18536493

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
CHIARAMONTE CONSTRUCTION COMPANY
2260 MINNESOTA AVE SE
WASHINGTON DC 20020-5324

Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov

COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Fiscal Sufficiency Review
Design-Build Services for 4 DPR facilities ADA Upgrades - Contract Number: DCAM-22-CS-RFP-0005
Memorandum
To
: Delano Hunter
Director
F
rom: Antoinette Hudson - Beckham
Agency Fiscal Officer
Department of General Services

Reference: Proposed Contract No. (DCAM-22-CS-RFP-0005)
Design-Build Services for 4 DPR facilities ADA Upgrades (ADA Package # 1)
Date: February 25, 2025
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby state that the Design-Build Services for 4 DPR facilities ADA Upgrades
(DCAM-22-CS-RFP-0005) (“the Contract”) with Chiaramonte Construction Company (“the
Contractor”) and a Not -to-Exceed amount of $1,800,000.00, is consistent with the Department’s
current budget and that the amount will not unbalance the capital fund. Adequate funds are available
in the budget for the expenditure.
Per the Department’s Contracts & Procurement (“C&P”) team, on January 24, 2023, the Letter
Contract was executed by the Department, with an initial Not-to-Exceed (“NTE”) amount of
$288,800.00. On September 24, 2024, the Department executed Modification 7 to the Letter Contract
in the amount of $511,200.00 which increased the NTE to $800,000.00 ($288,000.00 + $511,200.00).
The proposed increase of $1,000,000.00 will increase the NTE to $1,800,000.00 ($800,000.00 +
$1,000,000.00).
W
hile a total amount of $1,800,000.00 is being approved for capital -eligible items only, there is an
ineligible amount of $67,464.00, listed in Exhibit S of the contract. See the non-capital column and
associated items. These items are ineligible for capital expenditure, per the District Capital
Guidelines. The goods/services are needed in FY25. There should be no purchases, commitments, or
expenditures for these items until operating funds are available, via a purchase order for the same
amount of $67,464.00.
T
he Department of General Services (DGS – Implementing AGY) has $1,800,000.00 in the
Department of Parks and Recreations ( DPR – Owner AGY) cumulative capital budget a uthority
balance.
Th
e PASS information is below/attached:
Project Number/
Name
Subtask AY Fund
Detail
Imp. AGY Owner
AGY
RK/PO Amount Comments
100161 -
(AM0.QE511C.ADA
COMPLIANCE)
01.01(CQE5A.21800.ADA
COMPLIANCE.CAPITAL
IMPROVEMENTS (HA0))
N/A 3030300 AM0 AM0 PO682008-
V2
$288,800.00 Letter Contract
100161 -
(AM0.QE511C.ADA
COMPLIANCE)
04.01(CQ5ED.21800.ADA
COMPLIANT GENERAL
IMPROV.CAPITAL
IMPROVEMENTS (HA0))
N/A 3030300 AM0 AM0 PO713873 $495,975.00 Part of Mod
No. 7,
Banneker Only
– Capital
Portion
201552 –
(CCD Reverse
Capital Paygo to
Operating Funding
and Contingency
Cash Reserve)
11.01(DPR Reverse Capital
Paygo to Operating Funding
- Contractual Services)
N/A 1010001 AM0 AM0 PO713871 $15,225.00 Part of Mod
No. 7,
Banneker Only
– FY24
Operating
Portion
100161 -
(AM0.QE511C.ADA
COMPLIANCE)
04.01(CQ5ED.21800.ADA
COMPLIANT GENERAL
IMPROV.CAPITAL
IMPROVEMENTS (HA0))
N/A 3030300 AM0 AM0 RK293833 $932,536.00 Proposed
Package 1 –
Capital
Portion
100161 -
(AM0.QE511C.ADA
COMPLIANCE)
04.01(CQ5ED.21800.ADA
COMPLIANT GENERAL
IMPROV.CAPITAL
IMPROVEMENTS (HA0))
N/A 3030300 AM0 AM0 RK293836 $67,464.00 Proposed
Package 1 –
Ineligible
Portion (HOLD
FOR
SUBMISSION
OF A
REVERSE
CAPITAL
PAYGO TO
OPERATING
REPROGRA
MMING)
Total $1,800,000.00
__________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service
for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

3924 Minnesota Avenue NE, 6th Floor Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Design Build Services for ADA Upgrades of Four DPR Facilities (DPR Package
#1)
Contract Number: DCAM-22-CS-RFP-0005
Contractor: Chiaramonte Construction Company

DATE: February 5, 2025
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced contract and has found it to be
legally sufficient, subject to submission of: (i) any required materials to Council for approval; (ii)
Council’s approval of the same; and (iii) a Fiscal Certification issued by the Department of General
Services’ Agency Fiscal Officer.

Please feel free to contact me at (202) 727-2800 with any questions.

____________________________
Kristen Walp
Senior Assistant General Counsel

2000 14th St. NW, 4th Floor, Washington DC 20009 | Telephone (202) 727‐2800 | Fax (202) 727‐7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA

January 24, 2023

By Electronic Mail to frank@cc-builder.com

Frank Chiaramonte
President
Chiaramonte Construction Company
2260 Minnesota Avenue, SE
Washington, DC 20020

Reference: Request for Proposals No. DCAM-22-CS-RFP-0005 (“RFP”) – Design-Build
Services for 4 DPR facilities ADA Upgrades (“Project”) located at Banneker,
Kalorama, Mitchell Park, and Rose Park

Subject: Notice to Proceed and Letter Contract

Dear Mr. Chiaramonte:

We refer to the offer submitted by Chiaramonte Construction Company (the “Design-Builder” or
“DB”) in response to the above referenced RFP. We are pleased to inform you that this Project has
been awarded to Chiaramonte Construction Company and if this letter contract (“Letter Contract”)
is signed by the DB without modif ication of any kind, it will s erve as a notice to proceed for the
work described below. This notice to proceed is subject to the following terms:

1. Letter Contract. This is a Lette r Contract between the DB, and the District of Columbia
Government, acting by and through its Department of General Services (“DGS” or the
“Department”), and shall govern our relationship until such time as a final contract is entered into
for the work described in the above referenced RFP (the “Defini tized Contract”); provided,
however, that to the extent an issue is not covered in this Letter Contract, the RFP shall govern.
Once the Definitized Contract is signed by the Department, this Letter Contract shall automatically
terminate and merge into the Definitized Contract.

2. Scope of Work. The DB is authorized to provide all professional services, materials, tools,
supplies and equipment necessary to advance the design and obta in the necessary permits for the
Project.
D
EPARTMENT OF G
ENERAL SERVICES

Page 2 of 3
2000 14th St. NW, 4th Floor, Washington DC 20009 | Telephone (202) 727‐2800 | Fax (202) 727‐7283
3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
DB shall provide, at a minimum, the deliverables in accordance with the requirements in the RFP
and Form of Contract to the Department’s Program Manager and in the referenced instances to the
Contracting Officer.

In the event that the DB fails to timely submit any such delive rable, the DB shall pay to the
Department as liquidated damages ($5000) dollars plus ($500) pe r day after receiving written
notice from either the COTR or the Contracting Officer of failure to submit each deliverable. This
remedy is cumulative and does not limit any other right or remedy of the Department under the
contract or applicable District law.

4. Not to Exceed Amount. The limit of this authorization is $288,8 00.00. In no event shall
the DB be entitled to receive more than this amount under this Letter Contract. This not-to-exceed
amount includes all costs incurred by the DB in connection with the work authorized hereby. In
no event shall the DB be entitled to receive more than the Not-To-Exceed Amount under this Letter
Contract unless authorized in advance and in writing by a duly authorized Contracting Officer.

5. Insurance. At all times while working under this Letter Contrac t, the DB shall maintain
insurance as described in the RFP. All such policies shall be e ndorsed to add the District of
Columbia, including, but not limited to, its Department of Gene ral Services, and the respective
agents, employees and offices of each as additional insureds.

6. Duration. Once signed by the DB, the Letter Contract will become effective on the date the
Letter Contract is executed by the Department. This Letter Contract will terminate on the earlier
to occur of the following: (i) the date the Definitized Contrac t becomes effective; or (ii) July 30,
2023. DGS reserves the right to ter minate this Letter Contract, in whole or specified part, for
convenience in the manner described in the District of Columbia Department of General Services
Standard Contract Provisions Gen eral Provisions for Architectur al and Engineering Services
Contracts dated October 2018, attached as Exhibit D and Standard Contract Provisions for
Construction, attached as Exhibit E.

7. Project Teams. The DB shall utilize the Department’s Project Teams system to submit any
and all documentation required to be provided by the DB for the Project, including, but not limited
to: (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv) invoices/applications for
payment (full package including all forms required by DGS); (v) certified payrolls (in addition to
upload via LCP Tracker); (vi) drawings and specifications; (vii ) punchlist; and (viii) other
documents as may be designated by the Department. The DB also shall require all subcontractors
and subconsultants to utilize prolog for the Project.

8. Purchase Order Number. This Letter Contract will become effective on the date the Letter
Contract is executed by the Depa rtment. The Department’s Contracting & Procurement Division
will issue a purchase order number within five (5) business days. The purchase order will be sent
in a separate cover. That number should be included in all future invoices and accounting records.
In the event that you do not obtain a purchase order number please contact Obaidullah (Obi)
Ranjbar via Obaidullah.ranjbar@dc.gov directly to obtain this number.
Page 3 of 3
2000 14th St. NW, 4th Floor, Washington DC 20009 | Telephone (202) 727‐2800 | Fax (202) 727‐7283
9. Ownership and Use of Documents. All documents and work product prepared by the DB
shall become the property of the Department upon the payment of invoices submitted under the
Letter Contract.
10. Entire Agreement; Modification. This Letter Contract, along wit h the Standard Contract
Provisions (Exhibit D – Architectural and Engineering Services and Exhibit E – Construction
Contracts) supersede all contemporaneous or prior negotiations, representations, course of dealing,
or agreements, either written o r oral. No modifications to this Letter Contract shall be effective
against the Department and unless made in writing signed by the Department. Notwithstanding
the provisions of this Section 10, nothing herein shall limit the Department’s ability to unilaterally
modify this Letter Contract.
11. Order of Precedence. The following documents are incorporated i nto this NTP Letter of
Contract in the following order of precedence:
1. RFP No. DCAM-22-CS-RFP-0005 (by reference)
a. Exhibit A SOW
2. The Contractor's proposal (Exhibit B)
3.Davis Bacon Act Wage Determination (Exhibit C)
4. The District of Columbia Department of General Services Standard Contract
Provisions for A&E (Exhibit D)
5. The District of Columbia Department of General Services Standard Contract
Provisions for Construction Contracts (Exhibit E)
6. Service Contract Act (Exhibit F)
7. SBE Subcontracting Plan (Exhibit G)
8. First Source Agreement (Exhibit H).
I S S U E D B Y : I S S U E D B Y :
DEPARTMENT OF GENEREAL SERVICES
B y : B y :
Name: Peter Ghogomu Name:
Title: Contracting Officer Title:
D a t e : D a t e :
1/24/2023

FrConrectRamer PageofPages
MODIFICATIONOF CONTRACT DoaM22-c-RFP-00054 >
[2MocteationNumber iEfeciveDate [éRequisiion’PurchaseRequestNo. 5.CaptionDesign-Buildservicesfor4DPRfaciesADAUpgrades(Packego|ModificationNo.1 SeeBlock16C NA #1)[5eavodBy F-AaristredBy(Wothertanine)DepartmentofGeneralServices DepartmentofGeneralServicesContractingandProcurementDivision CapitalConstructionDivision3924MinnesotaAvenue,NE,SthFloor 3924MinnesotaAvenue,NE,SthFloorWashington,DC20019 Washington,DC20019
[sNameandAddressofCorvacior(No.Svost,cy,county,slateandIPCode)| _[@A.AmendmentofSactatonNo.
‘ChiaramonteConstructionCompany [98DatedSoetom77)2260MinnesotaAve,SEWashington,DC20020 HOAnredicatonofGontracVOrdorNoMr.FrankChiaramonte |ContactNo.Don0.22-05-RFP-0005Emailfrank@oc-bulder.com [108.Dates(Seetor13)[ContractJanuary24,2023
71>THISITEMONLYAPPLIESTOAVENDNENTSOFSOLICITATIONS| FitenarbressoisatonmaendeassoonHon14,Tourandclespectogxrceptorfos [roxas__[ea onmraod‘OflersmustacknowledgerecapohsamendmentperttheNourarddalespecieintesolalonoraFamensed,byoneothefolowingmethods:a)Bycompletingtems8and18,andreuring_ 1_copisofheamendment(0)Byacknowesgngrecutofisamendmentoneachcopyfheofrsubmited:or)Byseparatelearorfaxwhichincuareferencetotheslainand“mendmertumber,FAILUREOFYOURACKNOWLEDGENENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERG|PRIORTOTHEHOURANDDATESPECIFIEDMAYRESULTINREJECTIONOFYOUROFFER.ibyvueofhisamendmentyoudestetochangean feray subites,suchchangemaybemadebyletfax,proveseachleeroreegrammakesreferencetothesolicatonandthsamendment,ndireceivedpieotheopeninghorandeaespeciesFZAecountnganaAppropratonData(fRequred)TB.THISITEMAPPLIESGNLYTOMODIFICATIONSOFCONTRACTS/ORDERS,ITMODIFESTHECONTRACTIORDERNO.ASDESCRIBEDINTEM14[AThischangeore suedpursuant:(SpectyAuthor)Lecnangessetfornem14aremadeintheconvacVoderno.Intem108.Je.TheabovenumberedcotracforerismodifiedIoreflecIeaminsratvechangos(ochasChagosipayingOTe,appropratonesto,ete)toh intem14[c.ThissupplementalagreementieenteredintopursuantWoauthoriyoF

|?OtterSpecibpsofmedicationandeutoriy)Tie27DOMSecon4728andGarrNe.TaskOrderNa DCAN20-G8-RFO-00010

THPORTANTConvactor|_Jerot [X]=requredosgntvsdocumentandtum 1 copytotheesungoie,

+4,Descriptionofamendmentimodiication(OrganizedbyUCFSectionheadings,Incuingsolltatlon/contactsubjectmattorwherefeasible.)
|ContractNo.DCAM-22-CS-RFP-0005forDesign-Buildservicesfor4DPRfacilitiesADAUpgrades(Package#1)(‘heProject’)isherebymodifiedasfollows:
1.Keypersonnel:TheProjectManagerisherebyreplaced!substitutedwithanewProjectManager.Pleaseseedetailsattached,as
|cexnibita).
l2.Terms&Conditions:AllotherTermsandConditionsremainunchanged.
[s.Release:ItsmutuallyagreedthatinexchangeforthisModificationandotherconsideration,theContractorherebyreleases,lwaives,settlesandholdstheDepartmentharmlessfromanyandallactualorpotentialclaimsordemandsfordelays,disruptions,ladaitionalwork,addtionaltime,additionalcost,contracextensions,compensationsorlabiltyunderanytheory,whetherknownorunknown,thattheContractormayhavenoworinthefutureagainsttheDepartmentarisingfromoroutof,as@consequenceorresultof,relatingtoorinanymannerconnectedwitthisModification,theabove-referencedProject,andtheContractWork.

ER.NarveandTiteofSignor(Typeorpant) [16hNameofGonvacingOffearcankChiaramonte,President Obaidullah(Obi)RanjbarF158,CiaramonteConstructonCompany FSC.DateSigned|T6B.DistrictofColumbia Fac.DateSigned
Ao, (ho. Le | swe29.2008 07/05/202}(Soarchpmonastroos (aieofunrcingoem

(Continuation)

ContractNumber ModificationNo.1 PageofPages
DCAM.22-CS-RFP.0005 ModificationNo.1 2012.
4.ContractRecap:
LetterContract, ExecutedonJanuary26,2023 $288,800.00
MoaificationNo.4 ‘Administrative(ProjectManagerchanged)Current $0.00
ContractPrice

ExhibitAKeyPersonnelReplacement
PleaseseeAttachmentinthefollowingpage
CCCchiaramonteCONSTRUCTIONCOMPANY
6/20/2023
TaylerJonesDepartmentofGeneralServices1250UStreetNW| 3rdFloor|Washington,DC20009
Project:ADAUpgradeFor4FacilitiesPackage1
Re:RequesttoSubstituteProjectManager
DearMs.Jones,
‘TheDesign-BuildteamisrequestingtheabilitytosubstitutetheoriginallyproposedProjectManager,BlaneSmith,withanotherProjectManager,JoanneMyers.PleaseseeattachedresumeforMrs.Myerswhichidentifiesthatshehas13+yearsasaProjectManagerandlistshermostrecentprojects.SheiscurrentlyworkingonotherDPRprojectstoaddtoherresume.Pleasereviewtherequestandconfirmapproval.Thankyou.
BlaneSmith
260MinnesotaAve.SE,Washington,DC20020|202.562.0027|www.cc-builder.comDCDSLBDCBE#LSDZ66958022022

[ContactNorber PageofPagesMODIFICATIONOF CONTRACT DcAM22.¢8-REP-0005‘ 2
fzwoacatenNumber etreDale [=RequsibonPurchaseRequestNo, |S.CaptionDesign-Buildservicesfor4DPRfaciliesADAUpgrades(PackageModificationNo.2 ‘S00Block16C NA #1)[SavesBy 7arnseredBy(Tobeantre8)DepartmentofGeneralServices DepartmentofGeneralServicesContractingandProcurementDivision CapitalConstructionDivision3924MinnesotaAvenue,NE,SthFloor 3824MinnesotaAvenue,NE,SthFloorWashington,OC20019 Washington,DC20019,
[NameandAddressofCorrectorNe.Seoakly,county,saaandZIPCod) BxAmendiarofSolcaionNo_
CChiaramonteConstructionCompany [98Dates(Soetem11)2260MinnesotaAve,SE‘Washington,DC20020 HDAModissaonofContracOrderNaMr.FrankChiaramonte | [CanesNo.DoaN-22-05-AFP-0005mal:rank@ce-bullder.com Hoe.Dated(Seetem13)[Contact-January24,2025
7 THISTEMONLYAPPLIESTOAMENDMENTSOFSOLICITATIONS|“Tfisabovenonberedssicinionlsorendedasaefomnim1a.Thehoureddatespecterreceofvers|exanaoa| olodandoa.‘Ofermustackrowedgereceiptofthisamendmentportothehourandalespecfedinthesoketatonora8arpended,byoneonefolowingmethods:(2)Bycompletinglems8and15,andturing _1_copioofheamendment()Byackrowedgingecoiptofhis‘amendmentoneachcopyofhefersubited:oc)Byseparaleerfaxwhichinudesareferencetotesolctatonanc‘amencmeatnue,FAILUREOFYOURACKNOWLEDGEMENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERSPRIORTOTHEHOURANDDATESPECIFIEDMAYRESULTINREJECTIONOFYOUROFFER.Ifbyvitofthisamendmentyoudesetochange:‘anofferakeadysubmite,uchchangemaybemadebyleero fx,povidedeacheteroFtelegrammakesreferenceothe_solctationandthisamendment,andsreceivedpriortotheopeninghouranddatespected

[F2AccountingandAppropriationData(Required)
73.THISITEMAPPLIESONLYTOMODIFICATIONSOFCONTRACTSIORDERS,ITMODIFIESTHECONTRACTIORDERNO.ASDESCRIBEDINITEM14[AThischangeordressuedpursuantto:SpeciAutorty)[Thochangesselonintm14aremadeinthecontractorno.intom10A.fe.TheabovenumberedconracVorderi modeioreecttheadminatratvechanges(euchaachangesnpayngfice,appropriation[teet.)stfortnom14

[c.ThissuppimeniaagreemontisonlredriopursuanttoauhorlyoF

__[-OtherSpeciyypeofmedicationandauthorty)Tie27DOMRSections4728andConiractNo.DCAM-22-CS-RFP-0005

JEWPORTANT:Convector_Janot [KJrequred'osigntisdocomentandalam

onytoe mgoe

+4.Descriptionofamencmentimodiicaton(OrganizedbyUCFSectionheadings,Inchingsolltation/conractsubjectmatterwherefeasible.)
|ContractNo.DCAM-22-CS-RFP-0005forDesign-Buildservisfor4DPRfacilitesADAUpgrades(Package#1)("heProject’)isheraby||modifiedasfollows:
}1.LetterContractDuration(item6}:ThedurationoftheLetterContractsherebyextendedfromJuly30,2023toOctober31,2023.ThisLetterContractwlterminateontheeatertoocourofthefollowing:()thedatetheDefintizedContractbecomeseffective;ori)Octoberfs,2023,l2.AdministrativeCorrection:ThecontractNumberinsectionDoftheModificationNo.1IsherebycorrectedtoDCAM-22-CS-RFP-looos..
[Terms&Conditions:AllotherTermsandConsitionsremainunchanged.
4.Release:tismutuallyagreedthatinexchangefrthisModficationandotherconsideration,theContractorherebyreleases,waives,settlesandholdstheDepartmentharmlessfromanyandallactualorpotentialclaimsordemandsfordelays,disruptions,additionalwork,lacitionaltime,additonalcost,contractextensions,compensationsorliabilityunderanytheory,whetherknownorunknown,thatthe|ContractormayhavenoworinthefutureagainsttheDepartmentarisingfromorutof,8s@consequenceorresultof,relatingtoorinanylmannerconnectedwiththisModification,theabove-referencedProject,andtheContractWork.

[SANamoandToofSpnerTypeoper) [ANameofContactingOFioarFrankChiaramonte,President ‘Obsidullah(Ob)Ranjooras,= Constuciprcompany5G.DateSaned765,DietrietofColumbia 786.DateSared

July27,2023 l7e7/2023,
at (fea? (SepatrctConaaing

(Continuation)

ContractNumber ModiiationNo. PageofPages
DCAW.22.08RFP.0005: ModiteationNo.2 2012
5.ContractRecap:
LetterContract ExecutedonJanvary24,2023 $288,800.00
ModificationNo.1 ‘Adminitrative,ExecutedonJuly5,2023 $0.00
ModieationNo.2 -Adminsratve,LotterContractDurationExtended-Curent $0.00
LetterContractNot-to-Exceed("NTE")Amount ‘$288,800.00

10/31/2023
Obi Ranjbar

(Continuation)

ContractNumber ModificationNo. PageofPages
DCAM-22-CS-RFP-0005 ModificationNo.3 20f2
4,LetterContractRecap:
LotterContract, ExecutedonJanuary24,2023 $ 288,800.00
ModificationNo.1 Administrative,ExecutedonJuly5,2023 $ :
ModificationNo.2 Administrative,ExecutedonJuly27,2023 $ :
ModificationNo.3 Administrative,Current $ :
ContractAmour

F-ConacRaber PapeoPagesMODIFICATIONOFCONTRACT a aa 7
f-WoaeatonNonbar frEocveBate [iReqaaonPurhaseRequestRo.[Capon
DesinBudServiusfor4DPRFaciesADAUpgrades(OPRModcatonNo.4 ‘SeeBlock16¢ NA Package)
i.isuedBy:DepartmentofGeneralServicesContractingandProcurementDivision3924MinnesotaAve,NE,SthFloor
7AdministeredBy(otherthanine6)DepartmentofGeneralServices‘CapitalConstructionDivision3924MinnesotaAve,NE,SthFloorWashington,DC20019 Washington,DC20018

[Nam ndAddressofCortracior(No.Stree,Gy,courly,SlateandZIPGoda) [oAAmendmentofSoleliatonNa,

FrankChiaramonteCChiaramonteConstructionCompany2260MinnesotaAvenueWashingtonDC20020
[98.Dated(Seetem17)

0A.ModificationofConiraclOrderNo,x |DCAM.22-s-RFP-0006
| frank@ce-builder.com 06Dated(Seear1)Lianuary24,2023,TTHSITEMONLYAPPLIESTOANENOMENTSOFSOLICITATIONS[Fiteabovenumberedsolclaionwamendedastforntom14.ThehouranddatespecedforrecatofOre|__Jeenonded[xsrolntondod‘fersmustacknowledgerecapofhisamendmentportothehourandcatpectedintescictaonoresamended,Byoefhefolowingmethods:a)Bycompletingtems8and18,ndretuing__1_coplsoftheamendment(0)Byacknowledgingrecepofthisamendmentoneachcopyofteolesitedorc)Byseparateletrawichincidoaaforeforelctatonandamendmentnumber.FALUREOFYOURACKNOWLEDGEMENTTOBERECEIVEDATTHEPLACEDESIGNATEDFORTHERECEIPTOFOFFERSPRIORTOTHEHOURANDDATESPECIFIEDMAYRESULTREJECTIONOFYOUROFFER.byvitehisamendmenyoudoseochangeanferareasubeite,suchchangemaybemadbylaterfax,providedeachorelegrammekesrettercaotesola andthisamendment.nd receivedrirotheopeninghourandcatpectedF AascuningandAppropriationDatafRequired)

7a.THISITEMAPPLIESONLYTOMODIFICATIONSOFCONTRACTSIOROERS,ITMODIFIESTHECONTRACTIORDERNO.ASDESCRIBEDINITEM14[AThischangeordersissuedpursuantto:(SpectyAuthority)[Thechangessetforthinhem14aremadeinthecontractiorderno.initem410A,J.Theabovenumberedcontracvorderismodifiedtoreflecttheadminisiravechanges(suchaschangesIhpayingofc,appropriationdate,ot.)setforthinitem14I.ThissupplementalagreementisenteredInopursuantloauthoriyof

X_-OtherSpeciypeofmoaiicatonandauthori)[Section7ChangesClauseIEIMPORTANT:Contractor][isnot[X[lsrequiredtosigntisdocumentandretum 1 copyotheesungofc.14.Descriptionofarendmenttmodicaton(OrganizedbyUCFSectionheadings,inudingsollltaon/oorirectsubjectmatterwhereTeasble)LetterContractNo,DCAM-22-CS-RFP-0005-DesignBuildServicesfor4DPRFaciesADAUpgrades(DPRPackage#1)isherebymodifiedasfollows:
|Duration:TheletercontractisherebyextendedfromJanuary31,2024toMarch18,2024,
Title27DOM Sections4728andContractNo,DOAN22.CS-RFP-O00S

[2.RELEASE:ItismutuallyagreedthatinexchangeforthisModificationandotherconsideration,theContractorherebyreleases,waives,settlesandholdstheDepartmentharmlessfromanyandallactualorpotentialclaimsordemandsfordelays,disruptions,[additionalwork,additionalime,additionalcost,contractextensions,compensationsorlabilityunderanytheory,whetherknownoFlunknown,thattheContractormayhavenoworinthefutureagainsttheDepartmentarisingfromoroutof,a aconsequencesorresultof,relatingtoorinanymannerconnectedwiththisModification,theabove-referencedProject,andtheContractwork.
3.Terms&Conditions:AllotherTermsandConditionsremainunchanged.5A.NameandTieofSigner(Typeorprint) 168.NameofContractingOferFrankChiaramonte,President ‘ObaidullahRanjoar

55,CharamonteCo te FSC.DateSgredTEE.DistrictofColumbia 6G,DateSigned
2 ofzDa “[3/e4 10/2028
(Sateporesorssp] ‘ Coatingonce
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0005 2 of 2
4. Letter Contract Recap:
Letter Contract 288,800.00$
-$
Modification No. 2 -$
-$
-$
288,800.00$
Modification No.
Modification No. 4
Contract Amount:
Modification No. 4 Administrative, Current
Modification No. 3 Administrative, Executed on October 31, 2023
Executed on January 24, 2023
Administrative, Executed on July 5, 2023Modification No. 1
Administrative,Executed on July 27, 2023
x
X
is hereby modified as follows:
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-22-CS-RFP-0005
9B. Dated (See Item 11)
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by on e of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0005
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, approp riation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
January 24, 2023
frank@cc-builder.com
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or
result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Obaidullah Ranjbar
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter whe re feasible.)
copy to the issuing office.E. IMPORTANT:
1. Duration: The letter contract is hereby extended from March 15, 2024 to August 15, 2024.
Letter Contract No. DCAM-22-CS-RFP-0005 - Design Build Services for 4 DPR Facilities ADA Upgrades (DPR Package #1)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0005 12
7. Administered By (If other than line 6)
Department of General Services D epartment of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 5 See Block 16C N/A
Design Build Services for 4 DPR
Facilities ADA Upgrades (DPR
Package #1)
2. Modification Number
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
10B. Dated (See Item 13)
(Signature of person authorized to sign
Chiaramonte Construction Company
March 12 2024
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0005 2 of 2
4. Letter Contract Recap:
Letter Contract 288,800.00$
-$
Modification No. 2 -$
-$
-$
-$
288,800.00$
Executed on January 24, 2023
Administrative, Executed on July 5, 2023Modification No. 1
Administrative,Executed on July 27, 2023
Administrative, Executed on January 30, 2024
Modification No. 3 Administrative, Executed on October 31, 2023
Modification No.
Modification No. 5
Contract Amount:
Administrative, Current
Modification No. 4
Modification No. 5
x
X
is hereby modified as follows:
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0005 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 6 See Block 16C N/A
Design Build Services for 4 DPR
Facilities ADA Upgrades (DPR
Package #1)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases,
waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result
of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Eric Njonjo
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
1. Letter Contract Duration: The duration of the letter contract is hereby extended from August 15, 2024, to December 31, 2024. The
Letter Contract will terminate on the earlier to occur of the following: (i) the date the Definitized Contract becomes effective; or (ii)
December 31, 2024.
Letter Contract No. DCAM-22-CS-RFP-0005 - Design Build Services for 4 DPR Facilities ADA Upgrades (DPR Package #1)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0005
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
January 24, 2023
frank@cc-builder.com
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-22-CS-RFP-0005
9B. Dated (See Item 11)
10B. Dated (See Item 13)
08/15/24
Eric Njonjo
8/15/2024
(Continuation)
Page of Pages
4. Letter Contract Recap:
Letter Contract 288,800.00$
-$
Modification No. 2 -$
-$
-$
-$
-$
Letter Contract Not-to-Exceed ("NTE") Amount: 288,800.00$
DCAM-22-CS-RFP-0005 Modification No. 6 2 of 2
Contract Number
Administrative, Executed on March 12, 2024
Modification No.
Administrative, Executed on January 30, 2024
Modification No. 3 Administrative, Executed on October 31, 2023
Modification No. 4
Executed on January 24, 2023
Administrative, Executed on July 5, 2023Modification No. 1
Administrative,Executed on July 27, 2023
Modification No. 6 Administrative, Current
Modification No. 5
9/24/2024

(Continuation)

ContractNumber ModificationNo. PageofPages
DCAM-22-CS-RFP.0005 ModificationNo.7 2of2
4.LetterContractRecap:
LetterContract ExecutedonJanuary24,2023 $288,800.00
ModificationNo.1 ‘Administrative,ExecutedonJuly6,2023 s -
ModificationNo.2 ‘AdministrativeExocutedonJuly27,2023 s -
ModificationNo.3 ‘Administrative,ExecutedonOctober31,2023 s -
ModificationNo.4 Administrative,ExecutedonJanuary30,2024 s -
ModificationNo.5 ‘Administrative,ExecutedonMarch12,2024 s -
ModificationNo.6 ‘Administrative,ExecutedonAugust15,2024 s -
ModificationNo.7 NTEamountincrease(Curent) S$ 511,20000
LetterContractNot-to-Exceed("NTE")Amount:

MODIFICATION OF CONTRACT
1. Contract Num ber Page of Pages
DCAM-22-CS-RFP-0005 1 I 2
2. Modifi cation Number 3. Effective Date 4. Requisition/Pur chase Re quest No. 5. Caption
Design Build Se1Yices for 4 DPR
Modification No. 8 See Block 16C Facilities ADA Upgra des (DPR
Package #1)
6. Issued By 7. Admini stered By (If other than line 6)
Department of General Services Department of General Services
Contracting and Procurement Division Capita! Construction Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
8. Name and Address of Contractor (No. Street. city, count,y, state and ZIP Code) 9A. Amendment of Sol icitation No.
Frank Chiaramonte 98. Dated (See Item 11)
Chiaramonte Construction Company
2260 Minnesota Avenue 10A. Modification of Contract/Order No
Washington DC 20020 X DCArvl-22-CS-RF P-0005
fran k@cc-builder.com 108. Dated (See Item 13)
January 24, 2023
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLI CITATIONS
WThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers LJis extended.E,_jis not extended ..
Offers must acknowledge receipt of this amendment pr ior to the hour and date spec1f1ed in the sol1citat1on or as amended. by one of the
following methods: (a) By compl eting Items 8 and 15. and returning 1 copies of the amendment (b) By acknowledgin g receipt of this
amendment on each copy of the offer submi tted: or (c) By separate letter or fax which includes a reference to the solicitation and
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by vir tue of this amendment you desire to change
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
solicitation and this amendment, and is received prior to the opening hour and date specified
12. Accounting and Appr opriation Data (If Required)
13. THIS ITEM APPLIES ONLY TO MODIFIC ATIONS OF CONTRACTS/ OR DERS,
IT MOD IFIES THE CONTR ACT/ORDER NO. AS DESCR IBED IN ITEM 14
A. This ch0nge order is issued pursu0nt to: (Specify Autho rity)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
B. The above numbered contract/or der is mod ified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc) set forth in item 14.
C This supp lemental agreement is entered into pursuant to authority of:
X D. Other (Specify type of modi fication and authority) Tille 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0005
E. IMPORTANT Contractor I lis not, I X is required to sign this document and return 1 copy to the issuing office.
14. Des cription of amendm ent/m odification (Organized by UC F Section headings, including sol icitation/contract subJect matter where feasible )
Letter Contract No. DCArvl-22-CS-RFP-0005 - Design Build Services for 4 DPR Facilities ADA Upgrades (DPR Package #1)
is hereby modified as follows:
1. Letter Contract Duration: The duration of the letter contract is hereby extended from December 31, 2024, to March 31, 2025. The
Letter Contract will terminate on the earlier to occur of the following: (i) the date the Definitized Contract becomes effective; or (ii) March
31, 2025.
2. RELEASE: II is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases,
waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result
of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
15A. Name and Title of Signer (Type or prin t) 16A. Name of Contracting Officer
Frank Chiaramonte, President Suzi Tabot
158. Chiaramonte Cons truction Company 15C. Date Signed 168. District of Columbia 16C Date Signed
/,,.,tµ
12/20/24
(Signature of person authorized to sign) (Signature of Contracting Officer)
12/24/2024
(Continuation)
Page of Pages
4. Let
ter Contract Recap:
Letter Contract 288,800.00$
-$
Modi
fication No. 2 -$
-$
-$
-$
-$
511,
200.00$
-$
800,
000.00$
Executed on January 24, 2023
Administrative, Executed on July 5, 2023Modification No. 1
Administrative,Executed on July 27, 2023
Modification No. 6 Administrative, Executed on August 15, 2024
Modification No. 5
Modification No. 7 NTE amount Increase, Executed on September 24, 2024
Letter Contract Not-to-Exceed ("NTE") Amount:
Modification No. 8 Administrative (Current)
Administrative, Executed on January 30, 2024
Modification No. 3 Administrative, Executed on October 31, 2023
Modification No. 4
Modification No.
DCAM-22-CS-RFP-0005 Modification No. 8 2 of 2
Contract Number
Administrative, Executed on March 12, 2024
3/19/2025
(Continuation)

ContractNumber ModificationNumber PageofPages
DCAM-22-CS-RFP-0005 ModificationNo.9totheLetterContract 2of2
17,LetterContractRecap:
LetterContract, ExecutedonJanuary24,2023 288,800.00
ModificationNo.1 Administrative,ExecutedonJuly5,2023, -
ModificationNo,2 Administrative,ExecutedonJuly27,2023 -
ModificationNo.3 ‘Administrative,ExecutedonOctober31,2023 -
ModificationNo.4 Administrative,ExecutedonJanuary30,2024 -
ModificationNo.$ ‘Administrative,ExecutedonMarch12,2024 -
ModificationNo.6 Administrative,ExecutedonAugust15,2024 -
ModificationNo.7 NTEamountIncrease,ExecutedonSeptember24,2024 11,200.00
ModificationNo.8
ModificationNo,9
LetterContractNot-to-Exceed("

Administrative,ExecutedonDecember24,2024
Administrative(Current)
TE")Amount:

DESIGN-BUILD AGREEMENT FOR ADA UPGRADES OF FOUR DPR FACILITIES
(BANNEKER, KALORAMA, MITCHELL PARK, AND ROSE PARK) (DPR
PACKAGE #1)
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
CHIARAMONTE CONSTRUCTION COMPANY
CONTRACT NUMBER: DCAM-22-CS-RFP-0005
PROJECT INFORMATION
A,PROJECT SUMMARY

T.| ProjectName: Design-BuildServicesforADAComplianceof4DPRfacilities(Banneker,Kalorama,MitchellPark,andRosePark)
2,| ProjectAddress: Four(4)locations:
1-BannekerCommunityCenter(2500GeorgiaAvenue,NW)2-KaloramaRecreationCenter(1865KaloramaRoad,NW)3+ MitchellParkRecreationCenter(180123rdStreet,NW)4-RoseParkRecreationCenter(2609DumbartonStreet,NW)
3,_|AgreementType: Design-BuildwithGuaranteed
Maximum Price
4.| ClientAgency: DepartmentofParksandRecreation(*DPR”)
3.| Design-Builder: ChiaramonteConstructionCompany
6.| AgreementAmounts:
i.| GuaranteedMaximumPrice: $1,800,000.00,whichincludestheInitial
Not-to-Exceed(“NTE”)amountof
$800,000.00undertheLetterContract.
7.| Design-BuilderCompensation: Po
i.| DesignFee: $163,100.00
ii,| Design-BuildFee: $36,600.00
Preconstructionfee(15%ofthe $5,490.00Design-BuildFee):
iii,[MaximumCostofGeneral $89,100.00
Conditions:
iv. DesignContingency: $19,596.00
v. ConstructionContingency: $52,408.00
vi. ‘OwnerControlledAllowances: $50,000.00

[LiquidatedDamages(Delayin
\SubstantialCompletion):
$1,500.00/day_

9.| DisincentiveFee forFailureto Timely $1,000.00plus$250.00/day
Submit Deliverables
10| KeyPersonnelReplacementFee: $25,000.00
11.| SubstantialCompletion Date: August 11,2025
12.| FinalCompletion Date: October 10,2025
13.| AdministrativeTermDate: January9,2026
i, Period of Performance January24,2023,through
executionoftheContract
ii. NTE Amount: $800,000.000
15. |GMP BasisDocuments Design PermitSetof
Progression ConstructionDocuments

DESIGN-BUILD AGREEMENT
DESIGN-BUILD SERVICES FOR ADA COMPLIANCE OF 4DPR FACILITIES
(BANNEKER, KALORAMA, MITCHELL PARK, AND ROSE PARK)
DCAM-22-CS-RFP-0005,
THIS AGREEMENT (“Agreement”or“Contract”)ismadeby andbetweentheDISTRICT OF COLUMBIA GOVERNMENT (the “District”),acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS”) and
CHIARAMONTE CONSTRUCTIONCOMPANY,dulyorganizedunderthelawsofthe
DISTRICTOF COLUMBIA,andwitha placeofbusinessat2260MinnesotaAvenueSE,
Washington,DC20020(the“Design-Builder”or“Contractor”,andcollectively,the“Parties”).
RECITALS
WHEREAS,theDepartmentissuedaRequestforProposals(“RFP”)datedJune3,2023
(the“RFP”)toengageadesign-buildertoprepareadesignforandtocompleteworkatfour(4)
DepartmentofParksandRecreation(“DPR”)facilities:BannekerCommunityCenter(2500GeorgiaAvenue,NW),KaloramaRecreationCenter(1865KaloramaRoad,NW),MitchellPark
RecreationCenter(180123rdStreet,NW),andRoseParkRecreationCenter(2609Dumbarton
Street,NW)describedabove(the“Project”);
WHEREAS, theDepartmentexpectsthattheProjectbe completedno laterthan(“SubstantialCompletionDate”);
WHEREAS,theDesign-BuildersubmittedaproposalentitledDesign-BuildServicesfor
DPRfourfacilities(DPRPackage#1)datedJuly15,2022toprovidedesign-buildservicesforthe
Project;
WHEREAS, theDepartmenthasretainedtheDesign-Buildertoprovidedesign-build
servicesfortheProject;and,theProjectistoincludeutilityinvestigation,design,pre-construction
services,demolitionservicesandconstructionservices;
WHEREAS,theDesign-Builderwillprovidethearchitectural,engineering,construction
andrelatedservicesnecessarytocompletetheProject,subjecttothetermsandconditionssetforthinthisAgreement;
WHEREAS,theDepartmenthasretainedtheservicesofa programmanager(the“ProgramManager”)toadviseitconcerningtheProject;
WHEREAS,theDepartmenthasestablishedabudgetfortheProject,includingalldesign
fees,hardconstructioncosts,FF&E,andfeesandgeneralconditionsoftheDesign-Builder(such
budget,the“ProjectBudget”);and
WHEREAS,theDepartmentandtheDesign-Builderenteredintoalettercontractdated
January24,2023(the“LetterContract”)pursuanttowhichtheDesign-Builderwasauthorized
toproceedwithcertaindesignandpreconstructionservicesinfurtheranceoftheProject.
NOW, THEREFORE,theDepartmentandDesign-Builder,fortheconsiderationsetforthherein,mutuallyagreeasfollows.
Article1 ©DEFINITIONS
Section1.1. AdministrativeTerm.
TheAgreementshallhaveanadministrativeterm(the“AdministrativeTerm”)thatruns
fromtheeffectivedateoftheNoticetoProceed(“NTP”)totheAdministrativeTermExpiration
DatesetforthintheProjectInformationSectionabove.Inaddition,withinthistimetheDesign-BuildershallexecuteandsubmitaFinalReleaseofLiensandClaimsina formandformat
requiredbyaContractingOfficer(“CO”),inclusiveofprovidingtheDepartmentwithacomplete
setofanyproductmanuals(“O&M”)andtrainingvideos,ifapplicable.TheAdministrativeTermisestablishedforthesolepurposeofpermittingtheDepartment’sOfficeoftheChiefFinancial
Officertoprocesspaymentsintheeventanypaymentsbecomedue.Notwithstandingthe
foregoing,nothinghereinshallbeconstruedto:extendtheSubstantialCompletionDate;extend
theFinalCompletionDate;or,limittheDepartment'sabilitytoassessliquidateddamagesthereon.
Section1.2. Agreement.
Theterm“Agreement”shallmeanthisentire,integratedagreementbetweentheDepartment
andtheDesign-BuilderwithrespecttotheProject,consistingofthisdocumentandtheExhibits
thereto,includingbutnotlimitedtotheStandardContractProvisions,theConstructionDocumentsreleasedfortheDesign-Builder’suseandanyChangeOrders,ContractModificationsorChange
DirectivesthathavebeenexecutedbytheDepartment.
Section1.3. ClientAgency.
Thegovernmentalorquasi-governmentalentityrepresentedbytheDepartment,requesting
theProject.
Section1.4. ConstructionDocuments.ThefinalDrawingsandSpecifications,asprepared,sealedbytheArchitect’sdesignprofessionalinaccordancewiththelaw,andissuedbytheDesign-BuilderforthepurposeofobiainingbidsfrompotentialtradesubcontractorsandmaterialsuppliersforuseinconstructingtheProject.
Section1.5. ConstructionPhaseServices.
ServicesprovidedthroughouttheconstructionphaseduringwhichtheDesign-Buildershall
carryoutthebulkoftheconstructionandmanagethecompletionofthedesignfortheProject.
Section1.6. Cost of General Conditions.
The CostofGeneralConditionsshallhavethemeaningsetforthin8.2ofthisAgreement.
Section1.7. ContractDocuments.
The term “Contract Document” refers one or more component of the documents that
comprisetheAgreementbetweentheDepartmentandtheDesign-Builder,includingany
modificationsorchangesthereof,theDrawingsandSpecifications,anyaddendaissuedthereto,and
theRFPanditsaddenda.
Section1.8. Design& PreconstructionPhaseServices.
‘TheservicestobeprovidedunderArticle3constitutingthedesign& preconstructionphase
servicestobeperformedbytheDesign-Builder.
Section1.9. Drawings.
‘TheDrawingsarethegraphicandpictorialportionsoftheContractDocuments,wherever
locatedandwhereverissued,showingthedesign,locationsanddimensionsoftheWork,generally
includingplans,elevations,sections,details,schedulesanddiagrams.
Section1.10. FinalCompletion.
ThepointatwhichSubstantialCompletionhasbeenachieved,allpunchlistitemsnotedat
SubstantialCompletionhavebeencompletedandalldocumentstheDesign-Builderisrequired
todelivertotheDepartmentasaconditiontoreceivingfinalpaymenthavebeendelivered.
Section1.11. FinalCompletionDate.
ThedateestablishedintheAgreementbywhichtheDesign-BuildershallachieveFinal
Completion.TheFinalCompletionDatemaybemodifiedonlybyChangeOrderorChangeDirectiveinaccordancewiththeAgreement.
Section1.12. FullyComplete.
ToundertakealloftheWorknecessarytofullyconstructandcompletetheProjectand
executealltasksnecessarytoobtainthefinalcertificateofoccupancyfortheProjectfromthe
DistrictofColumbia;submitfinallienreleasesfromtheDesign-BuilderandSubcontractorsandmaterialsuppliers;completeallpunchlistitemstotheDepartment’sapprovalandsign-off;and
causeallrepresentations,warrantiesandguaranteestobehonoredandotherwisefulfillallofthe
requirementssetforthintheAgreement.
Section 1.13. Guaranteed Maximum Price or GMP.
‘Themaximumamount,including,butnotlimitedto,theDesign-BuildFeeandtheCostof
theWork,thatwillbepaidtheDesign-BuildertoFullyCompletetheProjectassetforthinArticle
4.TheGuaranteedMaximumPrice(“GMP”)maybemodifiedonlybyChangeOrder,Contract
ModificationorChangeDirectiveinaccordancewiththeAgreement.
Section1.14. HazardousMaterial.
Anytoxicsubstanceorhazardouschemicaldefinedorregulatedpursuanttofederal,stateor
locallawsrelatingtopollution,treatment,storageordisposalofwaste,orprotectionofhuman
healthortheenvironment.Suchlawsinclude,withoutlimitation,theComprehensiveEnvironmentalResponse,CompensationandLiabilityAct,theResourceConservationand
RecoveryAct,theCleanWaterAct,theCleanAirActandlawsrelatingtoemission,spills,leaks,
discharges,releasesorthreatenedreleasesoftoxicmaterial.ThetermHazardousMaterialsshall
alsoincludepetroleumandpetroleumbi-products.
Section1.15. NoticetoProceed.‘Awrittennoticetoproceed,signedbytheDepartment,directingtheDesign-BuildertoproceedwiththeProjectoranyportionoftheProject(“NoticetoProceed”or“NTP”).
Section1.16. ProjectSchedule.
TheschedulefortheProjectagreedtobytheDepartmentandtheDesign-Builder.Such
scheduleshallincludeabaselinescheduleasupdatedperiodicallybytheDesign-Builder,approvedbytheDepartment,TheProjectScheduleshallnotbechangedexceptbyaContractModification,
ChangeOrderorChangeDirectiveissuedbytheDepartment’sCO orContractingOfficer.The
ProjectScheduleshallbeina formandcontainsuchdetailasmaybeagreeduponbythe
Parties.A FinalProjectScheduleisattachedasExhibitB.
Section 1.17. Self-Performed Work.
Tradeworkperformedbyemployeesof:(1)theDesign-Builder;(2)anyentitythatisa
partnerormemberoftheentitycomprisingtheDesign-Builder;(3)anyentitythatcontrols,is
controlledby,orisundercommoncontrolwiththeDesign-Builder;or(4)anyentitythatcontrols,
iscontrolledby,orisundercommoncontrolwithanyentitythatispartoftheDesign-Builder.
Self-PerformedWorkisdistinguishedfromtradeworkperformedbySubcontractorsunaffiliatedwiththeDesign-BuilderortheentitiesofwhichtheDesign-Builderiscomprised.
Section1.18. Services.
TheservicestobeprovidedpursuanttotheAgreementwhichshallincludetheDesign&
PreconstructionPhaseServicesandtheConstructionPhaseServices.
Section1.19. Specifications.
TheSpecificationsarethatportionoftheContractDocumentsconsistingofthewritten
requirementsformaterials,equipment,constructionsystems,standardsandworkmanshipforthe
Work,andperformanceofrelatedservices.

Section1.20, StandardContractProvisions.
TheDistrictofColumbiaDepartmentofGeneralServicesStandardContractProvisions,GeneralProvisions(ConstructionContract),asamended,areattachedheretoasExhibitJ1and
incorporatedherein.TheDistrictofColumbiaDepartmentofGeneralServicesStandardContract
Provisions,GeneralProvisions(Architectural& EngineeringServicesContract),asamended,are
attachedheretoas ExhibitJ2 and incorporatedherein.

Section1.21. Subcontractor.
Anyperson,naturalorlegal,towhomtheDesign-Builderdelegatesperformanceofany
portionoftheWorkrequiredbytheAgreement.Theterm“Subcontractor,”usedwithoutaqualifier,shallmeanasubcontractorindirectprivitywiththeDesign-Builder.“Subcontractorsat
alltiers”shallmeannotonlythoseSubcontractorsindirectprivitywiththeDesign-Builder,but
alsothoseperformingWorkpursuanttosub-subcontracts,subcontracts,andsoon.
“Subcontractors”shallincludeboththosewhoareretainedtoperformlaboronlyandthosewho
areretainedbothtoperformlaborandtosupplymaterialorequipment,“Subcontractors”shallalsoincludedesignprofessionalswhoarenottheDesign-Builder’semployeesandtowhomthe
Design-BuilderdelegatesanypartofitsresponsibilitiesundertheAgreement,exceptthat
referencesto“tradeSubcontractors”shallexcludedesignprofessionals.
Section1.22.SubstantialCompletion.
SubstantialCompletionshallmeanthatallofthefollowinghaveoccurred:(1)the
constructionandinstallationworkhavebeencompletedwithonlyminorpunchlistitemsremaining
tobecompleted;(2)a temporarycertificateofoccupancyandallotherrequiredpermitsor
approvalshavebeenobtained;(3)draftcopiesofalloperatingandmaintenancemanuals,training
videotapesandwarrantiesrequiredbytheAgreementhavebeendeliveredtotheDepartmentandtheClientAgency;(4)anysupplementaltrainingsessionrequiredbytheAgreementforoperating
ormaintenancepersonnelhavebeenscheduled;(5)allclean-uprequiredbytheAgreementhas
beencompleted;(6)theProjectisreadyfortheDepartmentandClientAgencytouseitforits
intendedpurpose;and(7)allequipment,supplies,materialsanditemstobeinstalledhavebeen
installedin accordancewith the manufacturer’sspecificationsand industrystandardsand have
undergoneandpassedtherequisitetestingandinspections.“Minorpunchlistitems”aredefined
forthispurposeasitemsthat,intheaggregate,canbecompletedwithinthirty(30)dayswithout
interferingwiththeDepartmentorClientAgency’snormaluseoftheProject.
Section1.23. SubstantialCompletionDate.
Thedateestablishedhereinby whichtheDesign-BuildershallachieveSubstantial
Completion.TheSubstantialCompletionDatemaybemodifiedonlybyChangeOrder,ContractModificationorChangeDirectiveinaccordancewiththeAgreement.
Section1.24. Work.
Theterm“Work”referstoanyandallworkdoneinperformanceoftheServicesnecessary,
atanyphasesoftheAgreement,toFullyCompletetheProject.
Section1.25.__ ProtectionofExistingElements.
TheDesign-Buildershallprotectallexistingfeatures,publicutilities,andotherexisting
structuresduringconstruction.TheDesign-Buildershallprotectexisting,siteimprovements,trees
andshrubsfromdamageduringconstruction.Protectionextendstotherootsystemsofexistingvegetation.TheDesign-Buildershallnotstorematerialsorequipment,ordrivemachinery,within
Griplineofexistingtreesandshrubs.
Section1.26. SiteCleanliness
DuringtheAgreementperformanceand/orasdirectedbytheDepartment’sProgram‘Manager,astheinstallationiscompleted,theDesign-Buildershallensurethatthesiteisclearof
allextraneousmaterials,rubbish,ordebris.
Article2GENERAL PROVISIONS
Section2.1.LetterContract
ThePartiesacknowledgethatcertainoftheinvestigation,designandpreconstruction
activitiesdescribedinArticle3ofthisAgreementwereperformedpursuanttotheLetterContract
betweenthepartiesdatedJanuary24,2023.PursuanttothetermsoftheLetterContract,uponexecutionof thisAgreementby theDepartment(the“AgreementEffectiveDate”),theLetter
ContractshallautomaticallyterminateandshallmergeintoandbesupersededbythisAgreement.
Foravoidanceofdoubt,anyservicesprovidedorworkperformedpursuanttothemergedLetter
Contract,andpriortothedatethatthisAgreementiseffective,shallbegovernedbythetermsand
conditionofthisAgreement.
Section2.2. Term and Termination
TheperiodofperformanceunderthisAgreementshallcommencefromthedateofexecution
of the LetterContractby the Departmentand shallterminateupon the expirationof the
AdministrativeTerm orupon terminationby theDepartmentpursuanttoArticles5 and 6 ofthe
Standard ContractProvisions(ConstructionContracts)and Article8 of the Standard Contract
Provisions(Architectural& EngineeringServicesContracts).
Section2.3. RelationshipofParties.
TheDesign-Builderacceptstherelationshipoftrustandconfidenceestablishedwiththe
DepartmentbythisAgreement,andcovenantswiththeDepartmenttofurnishtheDesign-Builder’s
reasonableskillandjudgmentandtocooperatewiththeProgramManagerinfurtheringthe
interestsoftheDepartment.TheDesign-BuildershalluseitsbesteffortstoperformtheWorkandcompletetheProjectinanexpeditiousandeconomicalmannerconsistentwiththeinterestsofthe
Department.TheDepartmentshallendeavortopromoteharmonyandcooperationamongthe
Department,Design-Builder,ProgramManager,andotherpersonsorentitiesemployedbythe
DepartmentfortheProject.InperformingitsdutiesunderthisAgreement,theDesign-Builder
shallatalltimesusethestandardofcareusedbyDesign-BuildersthatconstructprojectssimilartotheProjectintype,sizeandscopeinlarge,urbanareas.Whenevertheterm“competent”isused
hereintodescribetheDesign-Builder’sactionsordutiesthattermshallrefertothelevelof
competencecustomarilypossessedbythoseDesign-Buildersthatconstructprojectssimilartothe
Projectintype,sizeandscopeinlarge,urbanareas.
Section2.4. ConfidentialityofInformation
TheDesign-Buildershallassureandkeepallinformationanddataobtainedthroughoutthe
performanceoftheProjectwhetherrelatedtotheAgreement,theWorkinallofitsaspects,theDepartmentandtheDepartment’semployeesconfidential,duringandfollowingthetermofthe
Agreement,andshallnotusetheinformationinconnectionwithanyothermatters;norshallit
discloseanysuchinformationtoanyotherperson,firmorcorporation,unlessdisclosureisrequired
pursuanttocourtorder,subpoenaorotherregulatoryauthority.TheDesign-Buildershallnotbe
divulgedofconfidentialinformationwithouttheindividual’sandtheDepartment’swrittenconsentandonlyinaccordancewiththeDistrict’sorFederal’slaws,codesandregulations.TheDesign-
BuilderandanySubcontractorswhoutilize,access,orstorepersonallyidentifiableinformationas
partoftheperformanceofthisAgreementarerequiredtosafeguardthisinformationand
immediatelynotifytheDepartmentofanybreachorsuspectedbreachinthesecurityofsuch
information.TheDesign-BuilderandallSubcontractorsshallallowtheDepartmenttoboth
participateintheinvestigationofincidentsandexercisecontroloverdecisionsregardingexternalreporting,TheDesign-Builder,Subcontractorsandtheirrespectiveemployeesworkingonthis
Projectmayberequiredtosignaconfidentialitystatement.
Section2.5. ProjectDescription.
UnderthisRFP,theDepartmentwillengageaDesign-BuildertoprovideanyandalldesignandconstructionservicesrequiredtodesignandcompletetheProject.TheProjectshallbecomplete,operatingandreadyforuseonorbeforetheSubstantialCompletionDateandwithintheProject’sbudgetasspecifiedinthisRFP.The4locationsunderthisProjectareasfollowing:

Facility Address
Banneker Community Center 2500 Georgia Avenue, NW.
KaloramaRecreationCenter 1865KaloramaRoad,NW
MitchellPark RecreationCenter| 1801 23rd Street,NW_
Rose Park RecreationCenter 2609 Dumbarton Street,NW_

Generally,theDesign-Builder’sresponsibilitiesshallinclude,butwillnotbelimitedto,thefollowing:
a) To confirmthedesignandconstructionofthe ProjectinaccordancewiththeContractandRFP
Documents.
b)Toprovidealldesignservicesandconstructionmanagementservicesnecessarytoimplementthe goals of the Projectinclusiveof,but not limitedto,the following:civil,architectural,
electrical,structural,plumbingandmechanicaldesignservicesasrequiredfortheProject;
constructionmanagementservicesinclusiveofbudgeting,developaGMP proposalforthe
Project,valueengineering(“ValueEngineering”),scheduling,Projectadministration,
management andcoordinationof sub-contractors.
©)Provideasitesurveyfortheexistingconditionsduringpre-construction.Thesurveyisto
includeallutilities,storm draininlets,and to conductsubsurfaceinvestigationwork andany
otherbelowgradeinfrastructureifandasrequiredfortheProject.
4)Tofurnishandprovideallmaterials,management,personnel,equipment,hazardousmaterial
abatement,supervision,laborandotherservicesnecessarytocompletetheProject,
) Permitting:TheDesign-Buildershallberesponsibleforobtainingandpayingforallpermits
includingtradepermitsandoverseeingdesigndrawingstomaintaincompliancewith
municipalagencies,DepartmentofBuildings(“DOB”)andallapplicablelocalutility
companies.
f)TheDesign-BuilderwillreviewthecontractdocumentsandpreformaValueEngineering
effortinadesigntobudgeteffortpertheDepartment’sdirection.
g)TheDesign-BuildertoprovideanupdatedestimatetogoalongwiththedesignatSD,DD,
65%CD and100%CD,asthisisadesigntobudgetProject.
h) The Design-Builderwillbe requiredto submit a preliminaryconstructionschedulewith their
proposalthatwillincludeaValueEngineeringexercise.
i) TheDesign-Builderistoworkwiththedesignteamtoprovidetheownerwithapunchlist
duringtheProjectcloseoutasdescribedbelow.
Section2.6. ProjectManager.
TheDepartmenthasengageda ProgramManagertoprovidecertainprogram
managementfunctions.SuchProgramManagershall,atalltimes,beactingsolelyforthe
benefitof the Department,nottheDesign-Builder.The Design-Builderhereby
acknowledgesandagreesthatonlyadulyauthorizedanddesignatedcontractingofficer
shallhavetheauthoritytoissueaContractModification,ChangeOrderorChange
DirectiveissuedbytheDepartment’sCO orContractingOfficer.Asofthedatethatthis
Agreementissigned,theDepartment’sdulyauthorizingcontractingofficersaresetforth
in Exhibit.
Section2.7. General Descriptionof Design-Builder’sDutiesand Responsibilities.
TheDesign-BuildershallperformtheServicesinaprofessionalworkmanlikemanner.The
Design-BuildershallsupplyandfurnishatthelocationwheretheWorkistobeperformedall
designservice,labor,materials,equipment,tools,services,andsupervision,andshallbearallitems
ofexpense,necessarytocompleteandsatisfactorilyperformthisAgreement,exceptsuchitems
thattheDepartment,inthisAgreement,specificallyagreestosupplyorfurnishtoorfortheuseof
Design-Builder.Anylabor,materials,equipment,tools,servicesorsupervisionnotspecificallydescribedinthisAgreement,butwhichmaybefairlyimpliedasrequiredtherebyornecessaryto
properlycompletetheWork,shallbedeemedwithintheScopeoftheWorkandshallbeprovided
byDesign-BuilderatDesign-Builder’ssoleexpense.
The Design-Builderwillbe requiredtoworkwiththeDepartmentandProject
stakeholdersthrougha collaborativedesignprocesstodevelopaconceptdesignfortheProjectin
accordancewiththeavailablebudget.TheDesign-Builderwillbe requiredtoengagein
extensivedesignandpreconstructioneffortstoensurethatthedesignisdevelopedinamanner
consistentwiththeDepartment’sgoalsfortheProject(e.g.,programmatic,budgetary,schedule
andquality);tosolicitcompetitivetradebidsfortheconstructionworkandtodevelopan
acceptableguaranteedmaximumpriceandcorrespondingscopeandscheduleforthework;andto
implement the requisiteconstructionand other work necessaryno laterthan the Substantial
CompletionDate.TheDesign-Builderwillberequiredtoprovidea“turn-key”Projectreadyfor
itsintendeduse and shallbe responsibleforallitems of costexceptforthoseitemssetforthin
Section9.6of this Agreement.
Section2.8. Warranties and Representations
2.8.1.Alldisclosures,representations,warranties,andcertificationsthe
Design-BuildermakesinitsproposalinresponsetotheRFPshallremainbindingandineffectthroughoutthetermoftheAgreement.The
Design-Builderreaffirmsthatallsuchdisclosures,representations,
warranties,andcertificationsaretrueandcorrect.
2.8.2,Ifanydisclosure,representation,warrantyorcertificationtheDesign-
BuilderhasmadeormakespursuanttotheRFPortheAgreement,
including,withoutlimitation,representationsconcerningtheDesign-
Builder’sconstructionordesignexperienceandqualifications,claimsorlitigationhistoryorfinancialcondition,ismateriallyinaccurate,that
shallconstitutea materialbreachoftheAgreement,entitlingthe
Departmenttoanyandallavailableremedies.
2.8.3.ThetermsandconditionsofthisSection2.8shallapplyduringboththe
Design & Preconstructionand ConstructionPhases.
Section2.9. ResponsibilityforAgentsandContractors.
AtalltimesandduringboththeDesign& PreconstructionandConstructionPhases,the
Design-BuildershallberesponsibletotheDepartmentforanyandallactsandomissionsofthe
Design-Builder’sagents,employees,Subcontractorsincludingmodularbuilding
supplier/manufacturer/installer,Sub-Subcontractors,materialsuppliers,and laborers,andthe
agentsandemployeesoftheSubcontractors,Sub-Subcontractors,materialsuppliers,andlaborersperformingorsupplyingWorkinconnectionwiththeProject.
Article3 DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES
Section3.1. PreconstructionServices.
DuringtheDesign& PreconstructionPhase,theDesign-Buildershallprovidesuchdesign
andpreconstructionservicesasarenecessarytoproperlyadvancetheProject.Withoutlimiting
thegeneralityoftheforegoing,duringthePreconstructionPhase,theDesign-Buildershall:(i)work
withitsArchitectandanydesignconsultantstoadvancethedesignfortheProjectinconsultation
withClientAgency,theDepartmentanditsProgramManager;(ii)obtainbidsfromtrade
subcontractorstoperformtheworkdescribedintheDesignDevelopmentDocumentsandprovide
bidtabulationstotheDepartment;(iii)engageinanyValueEngineeringandscopingexercises
necessarytoreturnthecostof theworktotheProjectBudget;and(iv)engagein
preconstructionactivities,includingidentifyinganylong-leaditems.ThroughouttheDesign&PreconstructionPhase,theDesign-Buildershallscheduleandattendregularmeetingswiththe
Department,theProgramManagerandtheArchitect.A listofpreconstructiondeliverablesisset
forthinExhibitC.
Section3.1.1InitialDeliverables
TheDesign-Builder’sinitialtaskwillbetodevelopaconceptdesignandbudgetforthe
Project.As partofthiseffort,theDesign-Buildershallprepareandprovidethefollowinginitialdeliverables:
Section3.1.1.1BaselineSchedule.Withintwenty-one(21)daysafterthe
PreconstructionNTP isissued,theDesign-Buildershallprepareandsubmita
BaselineSchedulefortheProject(the“BaselineSchedule”).TheBaselineScheduleshallbesubjecttoreviewandapprovalbytheDepartmentandtheDesignBuilder
shallincorporatesuchadjustmentstotheBaselineScheduleas may be
reasonablyrequestedbytheDepartment,TheBaselineScheduleshallbeprepared
ina criticalpathmethod(“CPM”)ina sufficientlevelofdetailtopermitthe
DepartmentandtheDesign-Builderandanyotheraffectedpartiestoproperlyplan
theProject.TheBaselineScheduleshallshow:(i)keydesignmilestonesandbid
packages;(ii)releasedatesforlongleaditems;(iii)releasedatesforkeysubcontractors;and(iv)SubstantialandFinalCompletionDates.TheBaseline
Scheduleshallincludedurationsandlogictiesforthosebuildingsystemsthatthe
Design-Builderisrecommendingforreplacement.TheBaselineSchedulemust
alsobesubmittedinPrimavera6nativeformatandshallbeupdatedbytheDesign
Builder,ataminimum,onabi-weeklybasis.
Section3.1.1.2ConceptDesign.ThefirstphaseoftheProjectwillinclude
thepreparationofaconceptdesignandprogramdevelopment.No laterthansix(6)weeksafterthePreconstructionNTPisissued,theDesign-Buildershallprepare
andsubmitaproposedconceptdesignfortheProject.Theconceptdesignshall
containatleastthelevelofdetailcontemplatedinstandardindustrypracticeand
shallcontainsuchdetailasistypicallyrequiredforaconceptdesignunderstandardindustrypractice.TheDepartmentshallhavetherighttodisapprovetheconcept
designsubmittalforanyreason.Followingreviewoftheconceptdesignsubmission
byDPRandtheDepartment,theDesign-Buildershallmakerevisionstotheconcept
designsubmissionasnecessarytoincorporatecomments,feedbackandother
directionprovidedbyDPRandtheDepartment.TheDesign-Builder’spricingshallassumethatsuchrevisionswillberequired,andsuchrevisionsshallnotentitlethe
Design-Buildertoadditionalcompensation.Theconceptdesignservicesshall
includebutarenotlimitedtothefollowing:
a,ConductmeetingswiththeDGSrepresentativestoconfirmprogramandverify
facilityrequirementsonaspace-by-spacebasis.
b.Conductcommunityfocusmeetingtodevelopprogrammingandsolicitinput.
c.Conductlifesafety/buildingcodeanalysistoverifycomplianceofdesignwith
allcurrentapplicablecodesrecentlyadoptedand/oradoptedbyWashington,
DG,includingthe2013DistrictofColumbiaBuildingCode,the2013District
ofColumbiaGreenConstructionCode,the2013DistrictofColumbiaEnergy
ConservationCode,the2013DistrictofColumbiaFireCode,the2013District
ofColumbiaMechanicalCode,andthe2013DistrictofColumbiaPlumbing
Code.
d.ParticipateinValueEngineeringworkshops,asrequired,withtheDGS
Tepresentatives.
e.PrepareandsubmitEnvironmentalImpactScreeningForm(“EISF”).
f,Surveyexistingfacilitytoconfirmlocationsandtypesofhazardousmaterials
tobeabatedormitigated.
g.Conductacompletesurveyofthesiteasrequiredtosuccessfilllyrenovatethe
recreationbuilding.Ataminimum,thesurveyshallincludeexistingcondition
ofthebuildinganddocumentationofexistingcondition.Design-Buildershall
be responsibleforthecollection,assessment,and verificationof existing
conditions.
h.ConferwiththeDepartment'sIT representatives/consultantstoverify
technologicalrequirementsfortheProject.
i.RenovationandnewconstructionshouldbedesignedtoqualifyforLEED
Silvercertification.
Section3.1.1.3Preliminary Budget Estimate.Concurrentlywiththe
deliveryoftheconceptdesign,theDesign-Buildershallsubmitadetailedcost
estimateoftheproposeddesign(suchestimate,the“PreliminaryBudget
Estimate”),Withregardtobuildingsystems(i.e.roofs,doors,HVAC,security,IT,etc,),thePreliminaryBudgetEstimateshallbepreparedona“system”basisthat
identifiesthekeybuildingsystemsorfunctionsandallocatesanestimatedcostfor
eachsuchsystem.TheDesign-BuildFee,thecostofgeneralconditions,and
contingenciesshallbebrokenoutinseparatelineitems.TheprimarypurposeofthePreliminaryBudgetEstimateistoaidtheDepartmentandDPR inunderstanding
thecostsassociatedwithkeyelementsoftheProjecttobetterprioritizeandmanage
theuseofthefundingallocatedtothisProject.
Section3.1.1.4BaselineBudgetand Program. The Departmentshall
providetheDesign-Builderwithabaselinebudgetandprogramandcommentsontheconceptdesign.Suchapprovalshallbe provided(orsignedby)the
Department’sDeputyDirectorforCapitalConstruction(the“DeputyDirector”).In
theeventtheDesign-Builderdoesnotreceivesuchapprovalwithinfourteen(14)
daysaflersubmittingthePreliminaryBudgetEstimate,itshallsoadvisetheCOTR,theDeputyDirectorandthecontractingofficer(“ContractingOfficer”or“CO”)in
writingofsuchfailureandrequestdirection.IftheDesign-Builderfailstoprovide
suchnotice,theDesign-Builderwillbeproceedingatitsownriskandwillbe
responsibleforanyredesigncostsassociatedwithbudgetrevisions.
Section3.1.1.5ConstructionManagement Plan. The Design-Buildershall
submitadraftofitsconstructionmanagementplan(“ConstructionManagement
Plan”)withinfourteen(14)daysafterthePreconstructionNTPisissuedtoinclude,
butisnotlimitedto,noisecontrol,hoursforconstructionanddeliveries,truck
routes,trashanddebrisremovalplan,trafficand parkingcontrol,communications
procedures,emergencyprocedures,qualitycontrolprocedures,dustcontrol,public
streetcleaningandrepair,plannedoccupancyofpublicways,erosioncontrol,tree
protectionplan,vibrationmonitoring,temporaryfireprotectionmeasures,project
signage,pestcontrol,constructionstagingplan,andconstructionlogisticsplan.
Section3.1.1.6AdditionalPreconstructionServices.Inadditiontothose
itemsenumeratedabove,theDesign-BuildershallprovidesuchpreconstructionservicesasarenecessarytoproperlyadvancetheProject.Theseservicesshall
include,butarenotlimitedto,scheduling,estimating,shop-drawings,theordering
oflong-leadmaterials,conditionassessments,conservatorstudies,archeological
studies,recommendedtesting,additionalgeotechnicaltesting,andmonitoringofhistoricassets.
Section3.1.1.7DisincentiveFeeforFail TimelySubmis
Deliverables,The Design-BuilderacknowledgesthattheDepartmentis
engagingtheDesign-Buildertoprovideanextensivelevelofpreconstruction
supportservicestominimizethepotentialforcostoverruns,scheduledelays,ortheneedforextensiveValueEngincering/redesignlateintheProjectandthatthe
deliverablesrequiredunderthisSection3.1.1arekeytoidentifythevalueof
suchservices.IntheeventtheDesign-Builderfailstodeliveranyofthe
deliverablesrequiredinSection3.1.1(andunlesssuchfailureistheresultofany
eventofForceMajeure),theDesign-BuildershallbesubjecttoadisincentivefeeinanamountofOneThousandDollars($1,000.00)plusTwoHundredFifty
Dollars($250.00)perdayafterreceivingwrittennoticefromeithertheCOTRor
theContractingOfficeroffailuretosubmitsuchdeliverables.
Section3.2DesignManagement
Between thetimethePreconstructionNTP isissuedand thetime theGMP isaccepted
by theDepartment,theDesign-Buildershallusecommerciallyreasonablebesteffortstoensure
that:(i)thedesignevolvesina mannerthatisconsistentwiththeDepartment'sbudgetandprogrammaticrequirements,asthesameweredefinedandestablishedby theDepartmentatthe
endoftheconceptdesign;(ii)thedesignworkisproperlycoordinated;and(iii)therequireddesign
deliverablesareproducedonorbeforethedatescontemplatedintheProjectSchedule.Aspartof
thisundertaking,theDesign-Buildershallprovidethefollowing:

Section3.2.1SchematicDesign.TheDesign-Buildershallprepareaschematicdesignthatisalogicaldevelopmentoftheapprovedconceptdesignand
isconsistentwiththeDepartment’sschedule,budgetwhichincludesbothsoftandhardcosts(i.e.designedtoGMP of $1.8million)andprogrammaticrequirements.
Theschematicdesignshallcontainatleastthelevelofdetailcontemplatedin
standardindustrypracticeandshallcontainsuchdetailasistypicallyrequiredfor
aschematicdesignunderstandardindustrypractice.Thedesignsubmittalshall
specificallyidentifyanydeviationsfromtheapprovedconceptdesignandshallexplaintherationale,costandtimeimplicationsassociatedwithsuchdeviation.
TheDepartmentshallhavetherighttodisapprovetheschematicdesignsubmittal
foranyreason.FollowingreviewoftheschematicdesignsubmissionbyDPRand
theDepartment,theDesign-Buildershallmakerevisionstotheschematicdesign
submissionasnecessarytoincorporatecomments,feedbackandotherdirection
providedbyDPRandtheDepartment.TheDesign-Builder’spricingshallassumethatsuchrevisionswillberequired,andsuchrevisionsshallnotentitletheDesign-
Buildertoadditionalcompensation.
Ingeneral,theDesign-Buildershallberequiredtoundertakethefollowingtasks
duringthisphase:
a.Furtherdevelopconceptualplansandincorporatedesignchanges.b.ContinuedevelopmentofphasingplanbasedontheapprovedCD,
toaccommodatetheProject’sneeds.
c.Submitanearlyestimateforthemodernizationwithamagnitudeof
errorofNot-to-Exceed+/-10%oftheProjecthardcostbudget.d.IfitisnecessaryforProjectearlyinquirywithPublicUtility
Companies(PEPCO,WashingtonGas,Verizon,DC NET)shouldbeconducted.
e.ConductDepartmentofEnergyandEnvironment(“DOEE”),DOB,
DistrictDepartmentofTransportation(“DDOT”),andDC WaterPreliminaryDesignReviewmeetings.
Section3.2.2SchematicBudgetUpdate.Concurrentwithsubmissionoftheschematicdesign,theDesign-Buildershallsubmitabudgetupdate.ThebudgetupdateshallbesubmittedinthesameformatasthePreliminaryBudget
EstimateandshallshowvariationsfromPreliminaryBudgetEstimate.Totheextentthebudgetupdateshowsanoverrunfromtheapprovedbudget,theDesign-BuildershallsubmitValueEngineeringsuggestionsthatwouldreturntheProjecttobudget.OnlytheDepartmentshallhavetheauthoritytoincrease
theProjectBudget,andabsentsuchdirection,theDesign-BuildershallproceedontheassumptionthatthebudgetremainsasoriginallydirectedbytheDepartment.
Section3.2.3Constructability/SoleSource/Long-LeadTimeMemorandum.ConcurrentlywiththeSchematicDesignBudgetEstimate,the
Design-Buildershallpreparea memorandumidentifyingkeyconstruction
concemsrelatedtotheProject.Suchmemorandumshall:(i)assesstheconstructabilityissuesrelatedtotheProject,includingsitelogistics;(ii)identify
anyitemswherethedesignispredicatedonasinglemanufacturerand,ifso,
identifyatleasttwo(2)comparableproducts;and(iii)identifyanylong-lead
deliveryitemsthatcouldadverselyaffecttheschedulecontemplatedinthis
RFP. To the extentany such long-leaditems areidentified,the memorandum
shallmake recommendationsforaddressingsuchitems.
Section3.2.4DesignDevelopment.TheDesign-Buildershallpreparea
setofdesigndevelopmentdocuments(“DesignDevelopmentDocuments”)that
isa logicaldevelopmentoftheapprovedschematicdesign,alongwithany
oralorwrittenfeedbackprovidedbytheDepartment,andisconsistentwiththeDepartment’sschedule,budgetandprogrammaticrequirements,TheDesign
DevelopmentDocumentsshallcontainatleastthelevelofdetailcontemplated
instandardindustrypracticeandshallcontainsuchdetailasistypicallyrequired
foraschematicdesignunderstandardindustrypractice.Thedesignsubmittalshallspecificallyidentifyanydeviationsfromtheapprovedschematicdesign
andshallexplaintherationaleandcostimplicationsassociatedwithsuch
deviation.The DepartmentshallhavetherighttodisapprovetheDesign
DevelopmentDocumentssubmittalforanyreason.
Thespecificservicesrequiredduringthisphaseare:
a.Selectanddraftoutlinespecificationsformaterials,systems,equipment.
b,Developdetailedanddimensionedplans,wallsections,building
section,andschedules.
c.Completecodecomplianceanalysisanddrawing.d.Confirmspace-by-spaceequipmentlayoutswithrepresentativesfrom
DGs.
e.Conductfollowupmeetingswithagenciesasrequired.
f.Coordinatefurniture,fixtures,andequipmentrequirements(“FFE”).
Designdocumentsshouldbesufficienttoprovideforthepurchaseand
installationofFFEasrequired.g. Presentthedesignto Commissionof FinaArts(“CFA”),Historic
PreservationOffice(“HPO”),OfficeofPlanning(“OP”),andother
regulatoryagenciesasrequired.
h.Design-Builderisresponsibleforcoordinatingwithsub-consultantsfor
stormwatermanagement,andotherspecializedwork,asnecessary.i,RenovationandnewconstructionshouldbedesignedtoqualifyforLEED
Silvercertification.
Section3.2.5Permits.TheDesign-Buildershallberesponsibleforpreparingandsubmittingalloftherequiredpermitapplicationsthatarenecessary
tocompletetheProject,includingtradepermits.TheDesign-Buildershalldevelop
alistoftherequiredpermitsandshalltracktheprogressofallsuchpermitsthrough
thereviewprocess.TheDesign-BuildershallupdatetheDepartmentwiththestatusof eachpermitthatisrequiredfortheProject.TheDesign-Buildershallengagesuch
permitexpeditersastheDesign-Builderdeemsnecessaryorappropriateinlightof
theProject’sschedule.
Section3.2.6Entitlements.TheDesign-Buildershallpreparesuchmaterialsandmakesuchpresentationsasarenecessarytoobtaintherequiredland
useandentitlementapprovals.Approvalsmayberequiredfrom(i)theOfficeof
Zoning,(ii)OP,and(iii)theCFA.Giventhenatureofthework,itisnotenvisioned
thatsuchapprovalswillrequireextensivehearingsorsubmissions.
Section3.2.7Mid-Point Construction Document Review. Based on the
approvedDesignDevelopmentDocumentsandanyapprovedValueEngineering,
theDesign-BuildershallcausetheArchitecttopreparea setofConstruction
Documents.ItiscontemplatedthattheConstructionDocumentsmaybeissued
inseveraldifferentsets(i.e.architectural,electrical,mechanical,structural,etc.).AS
eachsuchsetreachesa pointwhereitisapproximatelyFiftypercent(50%)
complete,theDesign-Buildershallprepareandsubmitaprogressprintingtothe
Departmentforitsreviewandcomment,
Section3.2.8ConstructionDocument Review & Coordination.
TheDesignBuildershallcompleteeachoftheConstructionDocumentspackagesin
amannerthataddressestheconcemsraisedbytheDepartmentduringthereview
contemplatedinSection5.3.1forsuchpackage.TheDesign-Buildershallissueone
ormoresetofpermitdocumentstotheDepartmentforitsreviewandapproval
(“PermitSet”),The PermitSetshallrepresentthefurtherprogressionofthe
approvedDDs togetherwithanyvalueengineeringstrategiesapprovedbythe
Department, The Permit Set shallbe ConstructionDocuments progressed to
approximately90% completionofthoserequiredina traditionalDesign/Build
deliverymethod.Withregardtoeachsuchset,theDesign-Buildershallhighlight
(orbubble)anyaspectofthedesignthatrepresentsamaterialdeviationfromthe
approvedDesignDevelopmentDocuments and shalladdressina narrativeformat
theimpact,ifany,suchdepartureshallhaveontheProject’saesthetics,functionality
orperformance.TheDepartmentshallhavetherighttodisapprovetheConstruction
Documentsforany reason.IftheDepartmentdisapprovestheConstruction
Documents, theDesign-Builderwillnot be entitledto any additionalcompensation.
If,however,theDepartmentdisapprovesa ConstructionDocument thatisa logical
extensionoftheapprovedDesignDevelopmentDocuments,theDesign-Builderwill
be entitledtoan adjustmenttotheGMP and/ortheAgreement scheduleunlesssuch
apackagedepartsfromtheScopeof WorkfairlyreflectedintheGMP Drawingsand
SpecificationsandinsucheventtheDesign-Buildershallberequiredtopreparea
reviseddesignthatcomplieswiththeGMP drawingsandspecifications(“DrawingsandSpecifications”)andwithoutanyentitlementtoanincreaseintheGMP oran
adjustmentoftheAgreementschedule.IntheeventtheDepartmentdoesnotapprove
adocument withinfourteen(14)days afterissuance,suchdocument shallbe deemed
approvedunlesstheDepartmentadvisesthatsuchdocumentisstillunderreview.In
theeventtheDepartment’sreviewtakeslongerthanfourteen(14)days,suchadditionalreview shallbe deemed a change event.
DuringthePermitSetphase,theDesign-Buildershallcompletethefollowingtasks:
a, Continuetopreparedetailedandcoordinateddrawingsandspecifications.
b. Prepareapplicationandsubmitdocumentsforbuildingpermits.c. WorkwiththeDepartment'sthird-partyplanreviewertoreviewthe
documentsforpermitdocumentsubmission.
4 UploadalldocumentstoDOB’spermitdocumentreviewwebsiteinaccordancewiththeirinstructions.
e. Prepareandsubmitearly-releaseexcavation,foundations,concreteandsteelpackages,ifneeded.
f. PrepareandsubmitDC Waterpermitapplicationpackages(allpermit
typesthatmayberequired)andDOEE StormWaterManagementand
GreenAreaRatiopackagesforreviewandapproval.
g. PrepareDDOTpublicspacemodificationspackageforsubmissiontoandapprovalbyDDOT PublicSpaceCommittee,participateinCommittee
meetingsasnecessary.
h. PreparealltrafficcontrolplansrequiredtoobtainrelevantDDOT permit
approvalsatallstagesoftheProject,asrequired.
i, RenovationandnewconstructionshouldbedesignedtoqualifyforLEEDSilvercertification.
Inaddition,theDesign-Buildershallberequiredto(a)define,clarify,orcomplete
theconceptsandinformationcontainedinthePermitSet;(b)correctdesignerrorsor
omissions,ambiguities,and inconsistenciesin the Permit Set (whetherfound priorto or
duringthecourseofconstruction);and(c)correctanyfailureoftheArchitecttofollow
writteninstructionsof the Department during any phase of design servicesor the
constructionoftheProjectprovidedtheyarecompatiblewithindustrystandards.
Section3.2.9CodeReview.TheDesign-BuildershallsubmitthePermitSet
totheDepartmentofConsumerandRegulatoryAffairsinordertoobtainthe
necessarybuildingpermitsfortheProject.TheDesign-Buildershallmonitorthe
permitprocessandshallincorporateanychangesoradjustmentsrequiredbytheCodeOfficial.TheDesign-Buildershallalsoissueany suchchangestothe
Departmentforitsreviewandapproval.Inthissubmittal,theArchitectshall
highlight(orbubble)anyaspectofthedesignthatrepresentsamaterialdeviationfromthepermitsetdocumentsandshalladdressinanarrativeformattheimpact,if
any,suchdepartureshallhaveon theProject’saesthetics,functionalityor
performance.Subsequenttoobtainingthenecessarybuildingpermits,theDesign-Buildershallprepareoneormoresetsof“issuedforconstructiondocuments”(the
“IECSet(s)”).
Section3.2.10DesignChanges.Ifitshouldbecomenecessarytoamend
anyoftheapprovedIFCSet(s),theDesign-Buildershallprepareanamendmentto
thedrawingsandshallsubmitsuchamendmenttotheDepartmentforitsreviewand
approval.Inthissubmittal,theDesign-Buildershallhighlight(orbubble)anyaspect
ofthedesignthatrepresentsamaterialdeviationfromthepermitsetdocumentsandshalladdressinanarrativeformattheimpact,ifany,suchdepartureshallhaveon
theProject’saesthetics,functionalityorperformance.IntheeventtheDepartment
doesnotapprovesuchdocumentwithinten(10)businessdaysafterissuance,unless
otherwisedenied,suchdocumentshallbedeemedapproved,providedhoweverthat
theDepartmenthasnotadvisedthatsuchdocumentisstillunderreview.Section 3.2.11 Third Party Contractors. The Department willhire third
partycontractorsforplanreviewandfortestingandmaterialinspections.The
Design-BuildershallcoordinateandworkwiththeProjectManagerandthird-party
planreviewerduringthebuildingpermitprocess.
Article4.GUARANTEED MAXIMUM PRICE
Section4.1. GuaranteedMaximumPrice
SubjecttoadditionsanddeductionswhichmaybemadeonlyinaccordancewiththeAgreement,theDesign-Builderrepresents,warrantsandguaranteestotheDepartmentthatthe
totalmaximumcosttobepaidbytheDepartmentforDesign-Builder’scompleteperformance
undertheAgreement,including,butnotlimitedto,FinalCompletionofallWork,allservicesof
Design-BuilderundertheAgreement,andallfees,compensationandreimbursementstotheDesign-Builder,shallnotexceedthetotalamountofOneMillionEightDollars($1,800,000.00)
(the“GuaranteedMaximumPrice”or “GMP”).CostswhichwouldcausetheGMP (asmay
beadjustedpursuanttotheContractDocuments)tobeexceededshallbepaidbytheDesign-BuilderwithoutreimbursementbytheDepartment.TheGMP isinclusiveoftheEightHundred
ThousandDollar($800,000.00)InitialNot-To-ExceedAmountsetforthintheLetterContract.
Section4.2. ReviewofGMP BasisDocuments.
TheDepartmenthasselectedtheDesign-Builder,inlargepart,becauseofitsspecial
expertiseinconstructingsimilarprojects.BeforesubmittingitsGuaranteedMaximumPrice,the
Design-BuilderreviewedtheGMP BasisDocumentsforaccuracy,constructabilityand
completenessandwasrequiredtobringsuchdeficienciestotheattentionoftheDepartmentand
shallhavecauseditsArchitecttoaddressanysuchdeficiencies.TotheextentthatanysuchdeficienciesintheGMP BasisDocumentscouldhavebeenidentifiedbysuchreviewbya
competentDesign-Builder,suchdeficienciesshallnotbethebasisforachangeintheGMP or
delayingtheProjectSchedule.
Section4.3. Contingency.
TheCostoftheWorkshallincludeacontingency,whichshallbeasumestablishedbythe
DepartmentandtheDesign-Buildertocover,amongotherthingscostsnecessarytoaddressscope
expansionthatisa logicaldevelopmentofthedesign,issuesarisingfromorasaresultof
deficienciesintheGMP BasisDocumentsandothercostswhichareproperlyreimbursableasCostoftheWorkbutnotthebasisforaChangeOrder,suchascoststhatwerenotreasonablyforeseeable
asoftheeffectivedateofthisAgreement,includingsuchitemsasemergencies,unforeseeable
changesinmarketconditionsformaterialsorlabor,orsubsurface,soilsorsiteconditionsthatwere
neitherknownnorreasonablydiscoverableasoftheeffectivedateoftheAgreement(the“Contingency”).DuringtheConstructionPhase,theDesign-BuildershallkeeptheProgram
ManagerinformedastothestatusoftheContingencyandshall,ataminimum:(i)advisethe
ProgramManageroranysignificantdrawsupontheContingencyinatimelymanner;and(ii)
providetheProgramManagerwithrunningstatusoftheContingencybalanceatleastonceevery
two(2)weeks.
Section4.4. GuaranteedMaximumPriceComponents.TheGuaranteedMaximum.PriceiscomprisedofthemaximumamountpayabletotheDepartmentfor:
Section 4.4.1.The Cost of work forfulland completeperformanceof
theWork instrictcompliancewith theContractDocuments;
Section4.4.2.A DesignFeefortheDesign-Builder,asdefinedinthe‘Agreement,intheamountofOneHundredandSixtyThreeThousand
andOneHundredDollars($163,100.00);
Section4.4.3,A Design-BuildFeefortheDesign-Builder,asdefinedin
theAgreement,intheamountofThirtySixThousandandThree
HundredDollars($36,300.00);and
Section4.4.4A MaximumCostofGeneralConditions,asdefinedinthe‘Agreement,intheamountofEightyNineThousandOneHundred
Dollars($89,100.00).
The GuaranteedMaximum Priceisfurtherbroken down intolineitemsand categoriesin
ExhibitL.
Section4.5. Reserved.
Section4.6. Basisof Guaranteed Maximum Price.
The GMP isfortheperformanceof theWork inaccordancewiththeContractDocuments
listedand attachedtothisAgreement and marked as ExhibitsB, D, L, U, V, and W, as follows:
4.6.1ExhibitA:A listofdrawings,specifications,addenda,general,supplementary,
and otherconditionson which theGuaranteedMaximum Priceisbased.
4.6.2ExhibitB: An updatetotheProject’sscheduletowhich theDesign-Builderwill
agreetobebound.Thisupdateshallbepreparedinthesamelevelofdetailandinthe
same mannerastheBaselineSchedule.
4.6.3ExhibitD:A subcontractingplansettingforththenamesandestimateddollar
volumeofthework thatwillbe performby LSBDEs, ascertifiedby theDepartment
of Small and Local BusinessDevelopment (DSLBD), upon which theGMP isbased.
4.6.4ExhibitL: The proposedGMP, includingastatementofthe detailedcostestimate
organizedbytradecategories,allowances,contingency,andotheritemsandthefees
thatcomprisetheGMP.
4.6.5ExhibitU:Alist ofunitpricesandallowanceitemsanda statementoftheirbasis.
4.6.6ExhibitV:AssumptionsandclarificationsmadeinpreparingtheGMP Proposal,
notinginparticularanyexclusions.Theassumptionsandclarificationsshalltake
precedenceoverthedrawingsandspecifications.TheDesign-Buildershallpreparea
separatememorandumthathighlightsanydifferencesbetweenthethenapproved
drawings and the modificationsmade in the assumptionsand clarifications.Such
memorandumshallspecificallyaddressanychangesintheProjectaesthetics,
functionalityorperformance,
Section4.7.__ Certification.TheDesign-BuilderspecificallyacknowledgesanddeclaresthattheContractDocumentsaresufficientlycompletetohaveenabledtheDesign-BuildertodeterminetheCostoftheWorkthereininordertoenterintotheGMP andtoenabletheDesign-
BuildertoagreetoconstructtheWorkoutlinedthereininaccordancewithapplicablelaws,statutes,buildingcodesandregulationstothebestofDesign-Builder’sknowledge,andotherwisetofulfillallitsobligationshereunder.TheDesign-Builderfurtheracknowledgesthatithasvisitedthesite,examinedallconditionsaffectingtheWork,isfullyfamiliarwithalloftheconditions
thereonandaffectingthesame,andhascarefullyexaminedalldrawingsandspecificationsprovidedtoit.TheGMP DrawingsandSpecificationsincludevariousclarificationsandassumptionsthatareintendedtofurtherdefinethescopeofworkthatwillberequiredtocompletethedesign.TheDesign-BuilderhasincludedwithintheGMP sufficientamountstocoveraspectsoftheworkthatarenotshownontheGMP DrawingsandSpecifications.
Section4.8Cost Overruns. Subjectto additionsor deductionswhich may be made in
accordancewith the Agreement, the Design-Buildershallbe solelyliableand responsibleforand
shallpayanyandallcosts,feesandotherexpendituresinexcessoftheGuaranteedMaximumPrice
forand/orrelatingtotheWork,withoutentitlementtoreimbursementfromtheDepartment.Design-
Buildershallnotbeentitledtoanyfee,payment,compensationorreimbursementunderthe
Agreement or relatingtotheWork or Projectotherthanas expresslyprovidedintheAgreement.
Section4.9Allowances.TheGuaranteedMaximumPriceincludesspecific“UnitPriceAllowanceAmounts”forcertainitemsasshownontheScheduleofValuesandbudgetedintheGuaranteedMaximumPrice(“AllowanceItems”).TheonlyAllowanceItemsshallbethosespecificallyidentifiedassuchintheScheduleofValuesandintheGuaranteedMaximumPrice.TheAllowanceAmountsrepresentallCostsoftheWorkoftheAllowanceItems,including,withoutlimitation,costsofmaterials,labor,handling,transportation,loadingandunloadingandinstallation,asdeterminedbyDesign-Builder.
Section4.10IntentoftheAgreement.TheintentoftheAgreementisfortheDesign-Buildertoperformandsupply,andtheDepartmentherebyengagestheDesign-BuildertoandDesign-Builderherebyagreestoperformandsupply,theWork,includingallnecessaryscheduling,procurement,
supervision,construction,andconstructionmanagementservicesandsupplyallnecessarylabor,materials,equipmentandrelatedworkandservicesnecessarytofullycompletetheWorkandobtaintheintendedresultsoftheContractDocuments,including,butnotlimitedtotherequirementsoftheProjectScheduleandtheGuaranteedMaximumPricerequirementssetforthherein.TheenumerationofparticularitemsintheSpecificationsand/orDrawingsshallnotbeconstruedtoexcludeotheritems.TheContractDocumentsarecomplementary,andwhatisrequiredbyanyoneoftheContract
Documents(includingeitheraDrawingorSpecification)asbeingnecessarytoproducetheintendedresultsshallbebindingandrequiredasapartoftheWorkasifrequiredbyallContractDocuments.
Section4.11Design-Builder’sCompliancewithContractDocuments.TheDesign-Builderagrees,acceptsandassumesthattheDepartment'sdecisionwillrequireimplementationofthemoststringentrequirementsamonganyconflictingprovisionsoftheContractDocumentsasbeingpartof
theWork.TheDesign-BuilderagreestobeboundbyalldecisionsbytheDepartmenttoimplementthemoststringentofanyconflictingrequirementswithintheContractDocuments.AnyfailurebytheDesign-BuildertoseeksuchclarificationsshallinnowaylimittheDepartment'sabilitytorequireimplementation,includingreplacementofinstalledworkatalaterdateattheDesign-Builder’ssoleexpense,toachievecompliancewiththemorestringentrequirements.Withoutlimitingthegeneralityoftheforegoing,theDesign-Builderherebyagreesasfollows:
4,11.1.ThefailureoftheDepartmenttoinsistinanyoneormoreinstancesuponastrict
compliancewithanyprovisionofthisAgreement,ortoexerciseanyoptionherein
conferred,shallnotbeconstruedasawaiverorrelinquishmentoftheDepartment’sright
thereaftertorequirecompliancewithsuchprovisionofthisAgreement,orasbeinga
waiver of theDepartment'srightthereaftertoexercisesuch option,and such provision
oroptionwillremaininfullforceandeffect.
Section4.12 CapitalEl
4.11.2.1fthereisanyinconsistencyintheDrawingsoranyconflictbetweentheDrawingsandSpecifications,theDesign-Buildershallprovidethebetterqualityorgreaterquantityofworkormaterials,asapplicable,unlesstheDepartmentdirectsotherwiseinwriting,
4.11.3.TheDesign-BuildershallberesponsiblefordividingtheWorkamongtheappropriate
subcontractorsandvendors.NoclaimwillbeentertainedbytheDepartmentbasedupontheorganizationorarrangementoftheSpecificationsand/ortheDrawingsintoareas,sections,subsectionsortradedisciplines.
4,11.4.Detaildrawingsshalltakeprecedenceoverscaledrawings,andfigureddimensionsontheDrawingsshallgovernthesettingoutoftheWork.
4.11.5.UnlesstheSpecificationsexpresslystateotherwise,referencestodocumentsandstandardsofprofessionalorganizationsshallmeanthelatesteditionspublishedpriortotheEffectiveDate.
4,11.6.Technicalwords,abbreviationsandacronymsintheContractDocumentsshallbeused.andinterpretedinaccordancewiththeAgreementandthecustomaryusageintheconstructionindustry.
4.11.7.Wheneverconsent,permissionorapprovalisrequiredfromanypartypursuanttotheprovisionsoftheContractDocuments,suchconsent,permissionorapprovalshall,
unlessexpresslyprovidedotherwiseintheAgreement,begivenorobtained,asapplicable,inwriting.
ible

.While $1,800,000.00isbeing certifiedforcapitaleli

itemsonly,therearealistofitemsinExhibitS,intheamountof$67,464.00,thatareineligiblefor
capitalexpenditure.Thegoods/servicesareneededinFiscalYear( “FY”)2025.Thereshouldbe
nopurchases,commitmentsorexpendituresfortheineligibleitemsinEx1

S,untiloperatingfundsareavailable,alongwiththeappropriatepurchaseorderfor$67,464.00.
Section4.13 Early Release/Abatement & Demolition
Section4.13.1Abatement& SelectiveDemolition.Oncetheschematicdesignhasbeenapproved,theDepartmentmayreleasetheDesign-Builderto
commencehazardousmaterialabatementandinteriordemolition,orotherearly
activities,asapplicable.Itisenvisionedthatthisworkmaybereleasedinadvance
oftheGMP.
Section4.13.2Long Lead Materials.The Department willreleasefunding
forlong-leaditemsoncetheDesignDevelopmentDocumentshavebeenapproved.
Ifthe Design-Builderbelievesan earlierreleaseisrequiredin orderto meet the
ProjectSchedule,itshalladvisetheDepartment and make a recommendation as to
therequestedreleasedate.Anydecisiontoauthorizeanearlyreleaseshallbemade
by theDepartmentinitssoleandabsolutediscretion.
Section4.14 Unsafe Materialsand Hazardous Materials
Section4.14.1TheDesign-Buildershallnotbring,spillorreleaseontothe
siteasbestos,PCBs,oranyotherHazardousMaterialthatisnotcustomarilyusedina facilityofthetypeandsimilartotheProject,andshallbringtothe
Department'sattentionanyspecificationofsuchHazardousMaterialsinthedesign
documents.IftheDesignBuilderbelievesthatanythingintheAgreementwould
requirethatituseorbringontothesiteasbestos,PCBs,oranyHazardousMaterial
thatisnotcustomarilyusedinafacilityofthetypeandsimilartotheProject,itshallimmediatelyinformtheDepartmentandseekdirectionbeforeproceeding.
Section4.14.2TheDesign-BuildershallabateandremoveHazardous
MaterialsonorwithinthesiteasnecessarytocompletetheWorkcontemplatedby
thisAgreement.TheDesign-Buildershallcomplywithalllaws,including,without
limitation,therequirementsoftheEPAandalljurisdictionalagenciesas_wellas.
alllawsrelatingtosafety,healthwelfare,andprotectionoftheenvironment,in
removing,treating,encapsulating,passivating,and/ordisposingofHazardousMaterials,including,butnotlimitedto,removal,treatment,encapsulation,
passivation,and/ordisposaloftheHazardousMaterials.Ifanynoticesto
governmentalauthoritiesarerequired,theDesignBuildershallalsogivethose
noticesattheappropriatetimes.TheDesign-Buildershallensureabatement
subcontractorsanddisposalsitesareappropriatelylicensedandqualified.
Section4.14.3TheDesign-BuildershallbeentitledtosubmitaChangeRequestinaccordancewithArticle4 oftheStandardContractProvisionsinthe
eventtheDesignBuilderencountersHazardousMaterialsbeyondthose
contemplatedintheContractDocuments.
Section4.14.4TheDesign-Buildershallkeepdetailedrecordsdocumenting
WorkdonesothattheDepartmentmayindependentlyverifycompliancewithall
laws,thenumberofunitsactuallyremoved,treated,and/ordisposedof,andtheappropriateunitprice(s)applicabletotheWork.
Article5| CONSTRUCTION PHASE
Section5.1. General.
The ConstructionPhase shallnot commence untilthe Department issues a Notice to
ProceedforConstructionPhase Services.The Design-Buildershall,throughitsSubcontractorsor, with
thewrittenconsentoftheDepartment,withitsownforces,performalloftheWorknecessaryto
constructtheProjectsothatitiscomplete,safe,andproperlybuiltinstrictaccordancewiththe
approved ConstructionDocuments and the other requirementsof thisAgreement. Without
limitation,theDesign-Buildershallprovideallofthelabor,materials,tools,equipment,temporary
services,andfacilitiesnecessarytocompletetheProjectinaccordancewiththedrawings,
specifications,scheduleandbudgetthatareissuedfortheProject.TheDesign-Buildershallbe
responsibleforpayingforandobtainingallnecessarypermitsandtopayallnecessaryfeesfor
utilityconnections.The Work shallbecarriedoutina good andworkmanlike,first-classmanner, and
inatimelyfashion,AllmaterialsandequipmenttobeincorporatedintotheProjectshallbenewand
previouslyunused,unlessotherwisespecified,andshallbefreeofmanufacturingorotherdefects.
The constructionphaseservicesshallinclude,butarenotnecessarilylimitedto:
a)ManageallaspectsoftherenovationandconstructionoftheProject.b)Managebi-weeklyprogressmeetings.Sitevisitsareincludedinbasefee.
©)Reviewandprocessshopdrawingsubmissions,RFI’s,etc.
d)Preparemeetingnotesandrecordsofdecisions/changesmade.
e)Conductpre-closeoutinspections.
f)Reviewcloseoutdocumentsforcompleteness,suchasAs-BuiltDrawingsbasedonthe
Contractor’sred linedrawingsand/orcoordinatedsetdevelopedduringtheSubcontractorcoordinationprocess.As-BuiltDrawingsshouldbetransmittedtoDGS._in
hardcopy,PDF,andCAD formats.
Basedontheapprovedplansandspecifications,theDesign-Buildershallconstructthe
Project.DuringtheConstructionPhase,theDesign-BuildershallberequiredtocausetheWorktobe
completedinamannerconsistentwiththedesigndocumentsapprovedbytheDepartmentand_shall
providealllabor,materials,insurance,bondsandequipmentnecessarytofullycompletetheProjectinaccordancewiththedrawings,specifications,scheduleandbudgetthatareissuedfortheProject.
TheDesign-Buildershallberesponsibleforpayingforandobtainingallnecessarypermitsandtopay
allnecessaryfeesforutilityconnectionsandthelike.TheWorkshallbeaccomplishedinaccordance
withthefollowing:
Section 5.1.1 Drawings & Specifications.All of the Work shallbe constructed in
strictcompliance and in accordance with the finalConstruction Documents issued for and
approvedbytheDepartment.
Section5.2Unrenovated Portionsof the Structure.
InconstructingtheProject,theDesign-Buildershallensurethatunrenovatedportionsof
existingstructures,ifany,including,butnotlimitedto,themechanical,plumbing,electricalsystems
andotherbuildingsystemsarenotadverselyaffected.Allunrenovatedportionsofthestructuresshouldfunction,ataminimum,attheleveloffunctionalitythatexistedimmediatelypriortothe
constructionoftheProject.IfanyunrenovatedportionoftheProjectfunctionsata lowerlevelof
functionalityasaresultoftheDesign-Builder’sWork,theDesign-Buildershallbeback-chargedthe
costsincurredbytheDepartmentinaddressingthedecreasedfunctionality.
Section5.3 SubcontractingandAdministration
5.3.1Itiscontemplatedthatallorsubstantiallyalloftheconstructionofthe
ProjectwillbecarriedoutbytradeSubcontractorsandthatthosetrade
subcontractswillbeawardedthroughthecompetitivebidprocesscontemplatedinSection4.4.TheDesign-Buildershallenterintoa
writtenagreementwitheachSubcontractor.Thetradesubcontractorswill
beunderwrittencontractwiththeDesign-Builder.Allsubcontractsandagreementsforthesupplyofequipmentormaterialsawardedforthe
Projectshallbe fixed-pricecontractsunlessotherwiseexpressly
authorizedbytheDepartment,inwriting,Itisunderstoodandagreed,however,thatcertaintradepackages(suchasthemechanicaland
electricalpackages)maybeawardedona design-assistordesign-buildbasisandthatsuchtradepackagesmaybeawardedonsuch
otherbasissubjecttotheDepartment’sconsentasto thebidding
proceduresandeconomicstructurewithregardtothosepackages.TheDesign-Builderanditsaffiliatesmaynotcarryouttradeworkwithits
own forceswithouttheDepartment'swrittenpermission,which
permissionmaybewithheldorconditionedbytheDepartmentinitssoleandabsolutejudgment.
5.3.2Inadditiontotheopenbookreportingrequirementssetforthin5.10,the
Design-BuildershallprovidetotheDepartmentacopyofallquotesor
proposalssubmittedbypotentialsubcontractors.
5.3.3TheDesign-BuildershalldevelopapurchasingstrategytoaddresstheexpeditedscheduleandconditionsofthisProjectandshallincludeappropriateprovisionsinthesubcontractstominimizethecostimpactassociatedwithsuchconditions.Suchstrategiesmayinclude,butarenotlimitedto(i)obtainingfromsubcontractorsunitpricequotesfortypicalcoordinationitems;(ii)settingasideallowancesforcoordinationwork;and(iii)suchothertechniquesasmaybeemployedbytheDesign-Builder.
5.3.4TheDesign-Buildershallcarefullydocumentitsproceduresformaking
availablebidpackagestopotentialbidders,thecontentsofeachbid
package,discussionswithbiddersatanypre-bidmeetings,bidders’
compliancewithbidrequirements,allbidsreceived,theDesign-
Builder’sevaluationsofallbids,andthebasisfortheDesignBuilder’s
recommendationastowhichbiddersshouldbechosen,TheDepartmentshallbeaffordedaccesstoallsuchrecordsatallreasonabletimesso
that,amongotherthings,itmayindependentlyconfirmtheDesign-
Builder’sadherencetoallrequirementssetforthintheAgreementincluding,withoutlimitation,affirmativeactionrequirementsand
subcontractingrequirements.
5.3.5TheDepartmentmay,initssolediscretion,rejectanyorallbidsandproposalsreceivedforanybidpackage,andmayrequiretheDesign
Buildertoobtainneworrevisedbidsorproposals.
5.3.6TheDepartmentmay,initssolediscretion,directtheDesign-Builderto
acceptabidfromaqualifiedbidderotherthanthebiddertowhomtheDesign-Builderrecommendsawardof a subcontractor supply
agreement.IftheDepartmentchoosesthisoption,itshallissuea
ChangeOrdertotheDesign-Builderforanydifferencebetweenthecost
ofthesubcontractorsupplyagreementawardedandthebidpriceofthe
SubcontractororsupplierrecommendedbytheDesign-Builder,butwithoutanyadjustmenttotheDesign-BuildFee.
5.3.7TheDepartmentmustapproveallSubcontractorsandsuppliers.TheDepartmentmay electtoreviewtheformofanysubcontractoragreementwitha materialsuppliertoensurethatsuchcontractincorporatesthecontractualprovisionsrequiredbythisAgreement.
5.3.8TheDesign-Buildermustcontractforprovisionofallservicesand
materialsfortheProject(otherthanSelf-PerformedWorkwhichmustbeauthorizedinadvanceandinwritingbytheDepartment)viawritten
subcontractsor,forcontractsrequiringprovisionofmaterialsor
equipmentonly,andnotlabor,viawrittensupplyagreements.All
subcontractsandsupplyagreementsshallincludethefollowingprovisions:
5.3.8.1that,totheextentoftheworkorsupplywithinthe
agreement'sscope,theSubcontractororsupplierisboundtotheDesign-Builderfortheperformanceofallobligations
whichtheDesign-BuilderowestheDepartmentunderthe
Agreement;
5.3.8.2thattheSubcontractororsupplierisnotinprivitywiththe
Departmentandshallnotseekcompensationdirectlyfromthe
Departmentonanythird-partybeneficiary,quantummeruit,orunjustenrichmentclaim,orotherwise,exceptas maybe
permittedbyanyapplicablemechanic’slienlaw;
5.3.8.3thattheDepartmentisa third-partybeneficiaryofthe
subcontractor supply agreement,entitledto enforce any
tightsthereunderforitsbenefit;
5.3.8.4thattheSubcontractororsupplierconsentstoassignmentofits
agreementtotheDepartment,attheDepartment'ssoleoption,
iftheDesign-Builderisterminatedfordefault;
5.3.8.5thattheSubcontractororsuppliershallcomplyimmediately
with a writtenorder from the Department to the Design-
Buildertosuspendorstopwork;
5.3.8.6thattheSubcontractororsuppliershallmaintainrecordsofall
Workitisrequestedorauthorizedtodoonatimeandmaterial
orcost-plusbasis,orwithrespecttoclaimsthatithasasserted
ona timeandmaterialsorcost-plusbasis,duringtheProject
andforaperiodoftimespecifiedintheGeneralConditionsandrequiringtheSubcontractororsuppliertomakethose
recordsavailableforrevieworauditbytheDepartmentduring
that time;
5.3.8.7thattheSubcontractorshallobtainandmaintain,throughoutthe
Project,workers'compensationinsuranceinaccordancewith
thelawsoftheDistrictofColumbia(Thisprovisionisnotapplicabletosupplyagreements);

that,iftheDepartmentterminatestheAgreementforconvenience,theDesign-Buildermaysimilarlyterminatethe
subcontractorsupplyagreementforconvenience,uponseven
(1)days’writtennoticetotheSubcontractororsupplier,and
thattheSubcontractororsuppliershall,insuchacase,be
entitledonlytothecostssetforthinArticle6oftheStandardContractProvisions;
5.3.8.9thattheDepartmentshallhavetherighttoenterintoa
contractwiththeSubcontractororsupplierforthesameprice
asitssubcontractorsupplyagreementpricelessamountsalreadypaid,iftheDesign-Builderfilesa voluntarypetition
inbankruptcyorhasaninvoluntarypetitioninbankruptcyfiled
againstit;
5.3.8.10thattheSubcontractororsuppliershallnotbeentitledto
paymentfordefectiveornon-conformingwork,materialsorequipment,andshallbeobligatedpromptlytorepairorreplace
non-conformingwork,materialsorequipmentatitsowncost;
5.38.11a provisionrequiringthatSubcontractorsandsuppliers
promptlypaySubcontractorsandsuppliersatlowertiers,
imposingupontheSubcontractorsandsuppliersadutytopay
intereston latepayments,and barringreimbursementfor
interestpaidtolowertierSubcontractorsorsuppliersdueto
aSubcontractor’sorsupplier’sfailuretopaythemin timely
fashion;

12a provisionrequiringthatallSubcontractorsatalltiers
complywiththeprovisionsof Article13 (Economic
InclusionGoals);provided,however,thattheDesign
Buildermay, in itsreasonablediscretionimpose a different
LSDBE subcontractinggoalon some or allof its
Subcontractors;provided,further,however,thatnothingin this
provisionshallbe deemed to excusethe Design-Builderfrom
using its best efforts to achieve the LSDBE
subcontractinggoalon an aggregatebasisfortheProject;

13 a provisionwhich allowsthe Design-Builderto withhold
payment from theSubcontractoriftheSubcontractordoesnot
meettherequirementsoftheSubcontract;
5.3.8.14lienand claim releaseand waiver provisionssubstantially
identicaltothoseinthisAgreement.
5.3.9Withinseven(7)calendardaysofreceivinganypaymentfromtheDepartmentthatincludesamountsattributabletoWorkperformedor
materialsorequipmentsuppliedbya Subcontractororsupplier,the
Design-BuildershalleitherpaytheSubcontractororsupplierforitsproportionateshareoftheamountpaidtotheDesign-Builderforthe
Subcontractor’sorsupplier’sWorkormaterialsorequipment,or
notifytheDepartmentandtheSubcontractororsupplier,inwriting,oftheDesign-Builder’sintentiontowithholdallorpartofthepaymentand
statethereasonforthewithholding.AllmoniespaidtotheDesign-BuilderundertheAgreementshallbeusedfirsttopayamountsdueto
SubcontractorsorsupplierssupplyinglaborormaterialsfortheProject
andonlymoneyremainingaftersuchpaymentsaremademaybeusedforotheritemssuchastheDesignBuildFee.Moniespaidbyjointcheck
shallbedeemedtohavebeenpaidfullytotheSubcontractororsupplier
namedasa jointpayee,unlesstheDepartmentagreesotherwiseinwriting.AnyinterestpaidtoSubcontractorsorsuppliersbecausethe
Design-Builderhasfailedtopaythemintimelyfashionshallnotbe
reimbursableaspartoftheCostoftheWork.
5.3.10TheDesign-Buildershallnotenterintoanyprofitsharing,rebate,or
similararrangementwithanySubcontractororsupplieratanytierwith
respecttotheProjectortheWorktobecarriedoutfortheProject.
5.3.11TheDesign-BuildershallnotsubstituteorreplaceanySubcontractoror
supplierapprovedbytheDepartmentwithouttheDepartment'spriorwritten consent,
5.3.12The DepartmenthastherighttocontactSubcontractorsorsuppliersat all
tiers,ormaterialorequipmentsuppliersdirectlytoconfirmamountsdue
andowingtothemoramountspaidtothemforWorkontheProject,and
toascertainfromtheSubcontractorsorsuppliersatalltierstheir
projectionsof thecostto completetheirwork or to supply theirmaterial
orequipment,ortheexistenceofanyclaimsordisputes.Indoingsothe
DepartmentshallnotissueanydirectionstoSubcontractorsorSuppliers
atanytier.
5.3.13 If it comes to the Department's attention that a Subcontractor or
supplierhasnotbeenpaidintimelyfashion(otherthanfordisputed
amounts),andiftheDesign-Builderfailstocuretheproblemwithinfive
(5)calendardaysaftertheDepartmentgivesitwrittennoticeof
thefailuretopay,theDepartmentmaymakepaymentstotheSubcontractororsupplierandDesign-Builderbyjointcheck.
5.3.14TheDesign-Buildershallberequiredtoprovideanevaluationofeachofitssubcontractors’performancebycompletingandsubmittingtotheDepartment the Subcontractor Performance Evaluation Form set forth
asExhibitO,asfollows:
(a)Withinninety(90)daysofinitiatingtheConstructionPhase;and
(b)Withinthirty(30)daysafterFinalCompletionoftheProject.
Section5.4WeeklyProgressMeetings& ScheduleUpdates.
‘TheDesign-Buildershallscheduleandconduct,ataminimum,weeklyprogressmeeting
atwhichtheDepartment,theArchitect,theProjectManager,theDesign-Builderandappropriate
SubcontractorscandiscussthestatusoftheWork.TheDesign-Buildershallprepareandpromptly
distributemeetingminutes.Inaddition,theDesign-Buildershallsubmitbi-weeklyScheduleupdates
whichshallreflectactualconditionsofProjectprogressasofthedateoftheupdate.Theupdateshallreflecttheactualprogressofconstruction,identifyanydevelopingdelays,regardlessoftheir
cause,andreflecttheDesign-Builder’sbestprojectionoftheactualdateby whichSubstantial
CompletionandFinalCompletionoftheProjectwillbeachieved.Viaa narrativestatement(not
merelyacriticalpathmethodschedule),theDesign-Buildershallidentifythecausesofanypotential
delayandstatewhat,intheDesign-Builder’sjudgment,mustbedonetoavoidorreducethatdelay.TheDesign-Buildershallpointout,initsnarrative,changesthathaveoccurredsincethelastupdate,
includingthoserelatedtomajorchangesinthescopeofwork,activitiesmodifiedsincethelastupdate,
revisedprojectionsofdurations,progressandcompletion,revisionstotheschedulelogicor
assumptions,andotherrelevantchanges.Anysignificantvariancefromthepreviousscheduleor
updateshallalsobeidentifiedinanarrative,togetherwiththereasonsforthevarianceanditsimpactonProjectcompletion.AllScheduleupdatesshallbe inanativeformatreasonablyacceptableto
theDepartment(¢.g.,Primavera).TheDepartmentmaymakereasonablerequestsduringtheProject
forchangestotheformatorforfurtherexplanationofinformationprovided.Submissionofupdates
showingthatSubstantialCompletionorFinalCompletionoftheProjectwillbeachievedlaterthanthe
applicablescheduledcompletiondateshallnotconstituterequestsforextensionoftimeandshallnotoperatetochangethescheduledcompletiondate(s).TheDepartment’sreceiptof,andlackof
objectionto,anyscheduleupdateshowingSubstantialCompletionorFinalCompletionlaterthanthe
datesagreeduponintheProjectScheduleshallnotberegardedastheDepartment’sagreementthatthe
Design-Buildermayhaveanextensionoftime,orasawaiverofanyoftheDepartment’srights,but
merelyastheDesign-Builder’srepresentationthat,asamatteroffact,SubstantialCompletionorFinalCompletionoftheProjectmaynotbecompletedbytheagreedupondateintheProjectSchedule,
Changestothescheduledcompletiondatesmaybemadeonlyinthecircumstancesandonlybythe
methodssetforthinthisAgreement.
Section5.5WrittenReports.
TheDesign-BuildershallprovidewrittenreportstotheDepartmentontheprogressofthe
entireWorkatleastmonthlyfromPreconstructionNoticetoProceeduntilFinalCompletionofthe
Project.Suchwrittenreportshallincludethefollowingelements:
5.5.1
5.5.2
5.5.3
ConstructionProgressUpdate. The Design-Buildershallprovide
writtenreportstotheDepartment,on theprogressofthe entireWork at
leastmonthlyfromPreconstructionNTPuntilFinalCompletionof‘the
Project.Themonthlyreportshallinclude:(i)anupdatedschedule
analysis,includinganyplanstocorrectdefectiveordeficientworkor
recoverdelays;(ii)anupdatedcostreport;(iii)amonthlyreviewofcash
flow;(iv)aqualitycontrolreport;and(v)progressphotos.Eachmonthly
updateshallcontainanarrativedescriptionoftheProjectprogressand
a criticalpathmethodscheduleinPrimaveraformat,includingany
planstocorrectdefectiveordeficientworkorfortimelostduetodelays.
CostUpdate.Themonthlyupdateshallreflect,by Guaranteed
MaximumPricelineitem,theoriginallineitemamount,approved,
pending,andprojectedChangeOrderamounts,thecostincurredto
date,theprojectedcosttocompletetheWorkofthelineitem,andany
variancebetweentheactuallyapprovedbudgetedbalanceofthelineitem
andtheprojectedcosttocomplete.A cleardistinctionmustbemadebetweenapprovedChangeOrdersandthosemerelyrequestedor
anticipated.Thereportshallexplainallvariancesincluding“buyouts”
orfinalactualcostsincludingthosebelowtheirrespectiveGuaranteed
MaximumPricelineitem.Inaddition,thereportmustdiscloseanyinstancesinwhichtheDesign-Builderhastransferredamountsfrom
onelineitemtoanother,orfromtheContingencytoanyotherline
item.Neithersubmissionof,northeDepartment'sfailuretorejectan
updatereflectingthattheprojectedcosttocompletetheProjectexceeding
theGuaranteedMaximumPricewilloperatetoincreasetheGuaranteedMaximum Priceor waivethe Department'srightto enforcethe
GuaranteedMaximum Price.Ifthereportreflectsbudgetoverruns,it
mustalsoincludea recoveryplan.
EconomicInclusionReport.The monthlyreportshallincludea
detailedsummary of the Design-Builder’seffortsand resultswith
respecttotheeconomicinclusiongoalssetforthinthisAgreement.
SuchreportshallbeinaformatacceptabletotheDepartmentandshall
include,ata minimum:(i)theDesign-Builder’soverallperformance
withrespecttothegoals;(ii)a listingofsubcontractsandagreementswith
materialsuppliersduringthemonthandthepercentageofthose
subcontractsand agreementswithmaterialsuppliersawardedto
LSDBEs;(iii)a listingof subcontractsduringthemonthandthe
estimatedpercentageofthelaborhourstobeworkedbyDistrictof
Columbiaresidentspursuantto thosesubcontracts;and (iv)a
descriptionofthemajorsubcontractingandsupplyopportunitiesthatwill
besolicitedduringthenextthree(3)monthsandtheactionsbeingtakentomeetthesubcontractinggoals.
5.5.4CashFlowUpdate.Iftherehavebeenanychangestotheanticipatedcash
flowfortheProject,suchchangesshallbedisclosedandexplainedin
themonthlyreport.Iftherearenosuchchanges,thereportshallso
state,
5.5.5QualityAssuranceReport.Themonthlyreportshallincludea
detailedsummaryofthestepsthatarebeingemployedtoensure
qualityconstructionandworkmanship.Eachreportshallspecifically
addressissuesthatwereraisedbytheDepartmentand/oritsProgram
Managerduringthepriormonthandoutlinethestepsthatarebeingtakentoaddresssuchissues.
5.5.6Progress Photos. The monthly reportshallincludeupdatedprogress
photosthatshalldetailchangesintheWorkduringthemonth,
TheDesign-Buildershallalsomaintaina dailylogcontaininga recordofweather,
Subcontractorsworkingonthesite,numberofworkers,majorequipmentonthesite,Work
accomplished,problemsencounteredandothersimilarrelevantdataastheDepartmentmay
reasonablyrequire.ThelogshallbeavailabletotheDepartment,theArchitectandtheProgramManager,andonamonthlybasisacopyofthelogshallbesubmittedtotheDepartment.
Section5.6CostControlSystem.
TheDesign-BuildershalluseasystemofcostcontrolfortheWorkinaformatconsistentwith
theGMP Drawings& SpecificationsandapprovedbytheDepartment,whichshallinclude,withoutlimitation,regularmonitoringofactualcostsforactivitiesinprogressandestimatesforuncompleted
tasksandproposedchanges.Design-Buildershallidentifyvariancesbetweenactualandestimated
costsandreportthevariancestotheDepartment,theArchitectandtheProgramManageratregular
intervals.
Section5.7 Key Personnel.
5.7.1Tocarryoutitsduties,theDesign-BuildershallprovideatleastthekeypersonnelidentifiedinExhibitFtothisAgreement(“KeyPersonnel”),
whoshallcarryoutthefunctionsidentifiedinExhibitF. TheKey
Personnelshallinclude(i)theProjectexecutive;(ii)thesuperintendent;
(iii)theProjectManager;(iv)theAssistantProjectManager:
(v)PreconstructionManager/Estimator,and (vi)Safety/QualityAssurance/QualityControlManager.TheDesign-Builder’sobligation
toprovideadequatestaffingisnotlimitedtoprovidingtheKeyPersonnel
butisdeterminedbytheneedsoftheProject.TheDesign-Buildershall
notreplaceanyoftheKeyPersonnelwithouttheDepartment’spriorwrittenapproval,whichshallnotbeunreasonablywithheld.Ifanyofthe
KeyPersonnelbecomeunavailabletoperformservicesinconnectionwith
theAgreementduetodeath,disabilityorseparationfromtheemployment
oftheDesign-BuilderoranyaffiliateoftheDesign-Builder,thenthe
Design-Buildershallpromptlyappointareplacementacceptabletothe
Department.TheDepartmentshallbe entitledtocompleteinformation
oneachsuchreplacement,includinga currentresumeofhisorher
qualificationsandexperience.
5.7.2CertainmembersoftheDesign-Builder’sKey Personnelshallbe
subjecttoa removalor replacementfeefortheirremovalor
reassignmentbytheDesign-Builder.ThosemembersoftheDesignBuilder’sKeyPersonnelsubjecttosuchfeeshallbeidentifiedinExhibit
E assubjecttothefeeprovisionsherein,Intheeventthereisno
delineationinExhibitF ofthosemembersoftheDesign-Builder’sKey
PersonnelsubjecttothefeeprovisionsofthisAgreement,thenallofthe
KeyPersonnelshallbesubjecttothefeeprovisionsofthisAgreement.
5.7.3 In addition,theDepartment shallhave theright,tobe exercisedinitssole
discretion,toremove,replaceortoreducethescopeofservicesof the
Design-Builderintheeventthata member of the Key Personnelhasbeen
removedorreplacedbytheDesign-Builderwithoutthepriorwritten
consentoftheDepartment.IntheeventtheDepartmentexercisesthe
righttoremove,replaceortoreducethescopeofservicesoftheDesign-
Builder,theDepartment shallhave therightto enforce theterms of this
‘Agreementandtokeep-in-placethosemembersoftheDesign-Builder’s
teamnotremovedorreplacedandtheremainingmembersshallcomplete
the servicesrequiredunder thisAgreement in conjunctionwith thenew
membersoftheDesignBuilder’steamapprovedbytheDepartment.
5.7.4RemovalorReplacementofKeyPersonnel
5.7.5.Subjecttothetermsofthis5.7,ineachinstancewheretheDesignBuilderremovesorreassignsoneofthekeypersonnellistedinExhibitF
asbeingsubjecttothekeypersonnelreplacementfee,otherthan(a)for
reasonswheresuchpersonnelbecomeunavailableduetodeath,disabilityorseparationfromtheemploymentoftheDesign-Builderorany
affiliateoftheDesign-BuilderoranyaffiliateoftheDesignBuilder,
or(b)withthepriorwrittenconsentoftheDepartment,thentheDesign-
BuildershallpaytotheDepartmenttheamountsetforthintheProjectInformationSectionofthisAgreementasareplacementfeeandnota
penalty,toreimbursetheDepartmentforitsadministrativecosts
arisingfromtheDesign-Builder’sfailuretoprovidetheKeyPersonnel.
Theforegoingreplacementfeeamountshallnotbarrecoveryofanyotherdamages,costsorexpensesotherthantheDepartment'sinternal
administrativecosts.

Section5.8QualifiedPersonnel/Cooperation.
TheDesign-BuildershallemployontheProjectonlythoseemployeesandSubcontractors
whowillworktogetherinharmonyandwhowillcooperatewithoneanotherontheProject.The
Design-Buildershallenforcestrictdiscipline,goodorderandharmonyamongitsemployeesanditsSubcontractorsandshallremovefromthesiteanypersonwhoisunfitfortheworkorfailstoconduct
herselforhimselfinaproperandcooperativemanner.IftheDepartmentrequestsremovalofany
personasunfitorashavingbehavedinappropriately,theDesign-Buildershallpromptlycomply.
Section5.9Warranty.
TheDesign-BuilderwarrantstotheDepartmentthatmaterialsandequipmentfurnished
undertheContractDocumentswillbeofgoodqualityandnewunlessotherwiserequiredor
permittedbytheContractDocuments,thatfortheone(1)yearperiodfollowingtheSubstantial
CompletionDatetheWorkwillbefreefromdefectsnotinherentinthequalityrequiredorpermitted,andthattheWorkwillconformtotherequirementsoftheContractDocuments,The
Design-Builder’swarrantyexcludesremediesfordamageordefectcausedbyabuse,modificationsnot
executedbytheDesign-Builder,improperorinsufficientmaintenance,improperoperation,ornormal
wearandtearfromnormalusage.TheDesign-Buildershallusecommerciallyreasonableeffortsto
scheduleajointinspectionoftheProjectduringtheeleventhmonthafterSubstantialCompletion
isachieved.Duringsuchinspection,theDesign-BuilderandarepresentativeoftheDepartmentshallwalktheProjecttoidentifyanynecessarywarrantywork.
Section5.10OpenBookReporting.
TheDesign-BuildershallmaintainanopenbookreportingsystemwiththeDepartment,
allowingthe Departmentor itsconsultantsaccessto the Design-Builder’sSubcontractorsand
materialsuppliers,invoices,purchaseorders,ChangeOrderestimates,recordsforSelf-Performed
Work, and otherrelevantdocumentationand sourcesof informationconcerningtheWork orcosts.The
Department shallnot use itsaccessto the Subcontractorsto give instructionsor directionsto them.
AllinstructionsordirectionsshallbegivenonlytotheDesign-Builder.

Section5.11 Claims forAdditionalTime
5.11.1 Time is of the essence of thisAgreement. The Project must be
SubstantiallyCompletenolaterthantheSubstantialCompletionDate
setforthwithintheProjectInformationSectionabove.
5.11.2The Design-BuilderwillperformtheWork so thatitshallachieve
SubstantialCompletionbytheSubstantialCompletionDate.Unless.the
failuretoachieveSubstantialCompletionbytheSubstantialCompletion
Dateisa resultofanExcusableDelay,asdefinedinSection5.11.3,
thedelayshallbedeemedNon-ExcusableandtheDesign-Buildershallnotbeentitledtoanextensionoftime,Withoutlimitingthegenerality
oftheforegoing,delaysforthefollowingreasonsshallberegarded
asNon-ExcusableandshallnotentitletheDesign-Buildertoanextension
oftime:
5.1.2.1 Delaysduetojobsitelabordisputes,work
stoppages,orsuspensionsofwork;
5.1.2.2 Delaysduetoadverseweather,unlesstheDesign
BuilderestablishesthattheadverseweatherwasofanatureanddurationinexcessofaveragesestablishedbydatafromtheU.S.
DepartmentofCommerce,NationalOceanicandAtmospheric
AdministrationfortheProjectlocalefortheten(10)years
precedingtheeffectivedateoftheAgreement.Forpurposesofthisclause,weather shallonly be deemed “adverse” if the
weatherinquestionwasmoreseverethanthatencounteredat
theProjectsiteoverthelastten(10)yearsforthemonthin
question.Such determinationsshallbe made based on the
number of rain/snowdaysorthecumulativeprecipitationtotal
forthemonthinquestion.Notwithstandingtheforegoing,
named stormsshallconclusivelybe deemed “adverse”;
§.11.2.3 Delays due to the failureof the Design-Builderor
Subcontractorsormaterialsuppliersatanytiertoperformin
timelyorproperfashion,withoutregardtoconceptsofnegligenceorfault;or
5.11.24 Delays due to Site Conditions whether known or
unknownas of theeffectivedateof theAgreement,
foreseeableorunforeseeableatthattime,naturallyoccurring
orman-made;provided,however,thatdelaysduetodifferingSiteConditionsaspermittedbyArticle4,SectionA ofthe
StandardContract.Provisionsor HazardousMaterials
RemediationshallbedeemedanExcusableDelay.

5.11.3TheDesign-BuildershallbeentitledtoanadjustmentintheSubstantial
CompletionDateduetoanExcusableDelay.Theterm“Excusable
Delay”shallmean:
5.11.3.1
5.11.32
5.11.33
§.11.3.4
$.11.3.5
Delaysduetoadverseweatherotherthanthosethatareclassifiedasa Non-Excusabledelayinaccordancewith Section 5.11.2.2of thisAgreement;
Delaysdue to actsof God,war,unavoidablecasualties,civilunrest,andothersimilarcausesof
delaythatarebeyondthecontroloftheDesign-
Builder;provided,however,thatinnoeventshalla
Non-ExcusableDelayortheactionorinactionoftheDesign-Builder,or anyofitsemployees,agents,
Subcontractorsormaterialsuppliersbedeemedan
ExcusableDelay;or
Delayscausedby differingSiteConditionsas
permittedbyArticle4,SectionA oftheStandardContractProvisionsor HazardousMaterials
RemediationascontemplatedinSection5.11.2.4ofthis
Agreement;
Delaysduetosuspensionsofwork;
Delayscausedby theClientAgencyorseparate
contractorsof the Client Agency to the extent such
delaysarenotconcurrentwithdelayscausedbythe
DesignBuilderoranyof itsemployees,agents,subcontractorsormaterialsuppliers;or
Inadditiontotheforgoing,adelayshallbedeemedtobeanExcusableDelayonlytotheextentthatsuchdelay(i)warrantsanextensionintheSubstantialorFinalCompletionDate;(ii)has
notbeencausedbytheDesign-Builderoranyofitsemployees,agents,Subcontractorsormaterial
suppliers;(iii)isonProject’scriticalpath;and(iv)isinadditiontoanytimecontingencyperiodssetforthinthecriticalpath.
5.11.4
5.11.5
IftheDesign-Builderwishestomakeaclaimforanadjustmentintime
allottedpertheProjectSchedule,writtennoticeasprovidedhereinshall
begiven.TheDesign-Builder’sclaimshallincludeanestimateofthe
costandoftheprobableeffectofdelayontheprogressoftheWork.In
thecaseofcontinuingdelay,onlyoneclaimisnecessary.
InnoeventshalltheDesign-BuilderbeentitledtoanincreaseintheGMP
ortheDesign-BuildFeeasa resultofeitheranExcusableorNon-
ExcusableDelay;provided,however,thattotheextentthatadelayis:(i)anExcusableDelay;(ii)ofunreasonableduration;(iii)causedsolelyby
theDepartment;and(iv)notconcurrentwithanyotherdelay,thenthe
Design-Buildershallbeentitledtoreceiveitsactualcosts,includingall
directandindirectcosts,bondsandinsurancesresultingfromsuch
extendedduration.ItisunderstoodthattheDesign-Buildershallnotbeentitledtoanyprofitorhomeofficeoverhead,including,butnotlimited
to,anincreaseintheDesign-BuildFee,onanyamountstowhichthe
Design-Buildermaybeentitledpursuanttotheprecedingsentence.
Section5.12SiteSafetyandClean-Up.
5.12.1
5.12.2
TheDesign-Builderwillberequiredtoprovideasafeandefficientsite,withcontrolledaccess.Aspartofthisobligation,theDesignBuilder
shallberesponsibleforinitiating,maintainingandsupervisingallsafety
precautionsandprogramsinconnectionwiththeProject,andshall
complywiththerequirementssetforthinArticle16,SectionF oftheStandardContractProvisions.
SafetyPlan.Priortothestartofconstructionactivities,theDesignBuildershallpreparea safetyplanfortheconstructionphase
conformingtoOSHA29CFR 1926(suchplan,the“SafetyPlan”).This
SafetyPlandevelopedbytheDesign-Buildershalldescribetheproposed
separationandthespecificnatureofthesafetymeasurestobetaken
includingfencesandbarriersthatwillbeusedaswellasthesitesecurity
details.TheSafetyPlanwillbesubmittedtotheDepartmentandClient
Agencyfortheirreviewandapprovalpriortothecommencementof
construction.OncetheSafetyPlanhasbeenapproved,theDesign-Buildershallcomplywithitatalltimesduringconstruction.The
5.12.3
5.12.4
5.12.5
Design-BuildershallberequiredtorevisetheSafetyPlanasmaybe
requestedbytheDepartmentorClientAgency.Thecostofrevisingand
complyingwiththeplanshallnotentitletheDesign-Buildertoanincrease
intheGMP.IntheeventtheDesign-BuilderfailstoprovidetheSafety
Plan,theDesign-Builderwillnotbe permittedtocommencethe
ConstructionPhaseuntiltheSafetyPlanissubmittedandinnoevent
shallanyresultingdelayconstituteanExcusableDelay.Additionally,theDesign-BuildershallcomplywiththerequirementsofArticle27,
SectionA oftheStandardContractProvisions.
SafetyBarriers/Fences,As partofitsresponsibilityforProjectsafety,
theDesign-Buildershallinstallsuchfencesandbarriersasmay be
necessarytoseparatetheconstructionareasofthesitefromthoseareas
thatarethenbeingusedbyClientAgencyforeducationalpurposes.TheDesign-BuildershalldescribeintheSafetyPlantheproposed
separationandthespecificnatureofthefencesandbarriersthatwillbe
used.
SiteSecurity,TheDesign-Buildershallberesponsibleforsitesecurity
andshallberequiredtoprovidesuchwatchmenasarenecessarytoprotectthesitefromunwantedintrusion.
Exculpation,TherightoftheDepartmentandClientAgencyto
commentontheSafetyPlanandthenatureandlocationoftherequiredfencesand barriersshallin no way absolvethe Design-Builderfrom the
obligationtomaintaina safesite.
Section5.13Workhours, SiteOffice,and Coordination with ClientAgency and
Community
5.13.1
5.13.2
5.13.3
5.13.4
Workhours,The Design-BuildershallcomplywiththeNoise
Ordinanceandneitheritnoritssubcontractorsshallundertakeworkon
theProjectsiteotherthanatthetimesandsoundlevelpermittedbythe
NoiseOrdinance.
SiteOffice,ThroughouttheProject,theDesign-Buildershallprovideandmaintainafully-equippedconstructionofficefortheProjectsite.
Parking,TheDesign-Buildershallorganizeitsworkinsucha manner
soastominimizetheimpactofitsoperationsonthesurrounding
community.Totheextentthatthenumberofworkersonthesiteislikelytohaveanadverseimpactonneighborhoodparking,theDesign-Builder
shalldevelopaparkingplanforthoseindividualsworkingonthesitethat
isreasonablyacceptabletotheDepartment.
WheelWashingStations,TheDesign-Buildershallprovidewheel
washingstationsonsitesoastopreventtheaccumulationofdirtand
otherrefuseonthestreetssurroundingtheProjectsite.
5.13.5
5.13.6
5.13.7
OutreachPlan,TheDesign-BuildershallkeeptheDepartmentinformed
of the constructionactivitiesand their potentialimpact on the
communityand shalldevelopa communityoutreachplan(the
“OutreachPlan”).The Design-BuildershallsubmittheOutreachPlan to
theDepartmentpriortoitsimplementationwhich shallbe subjecttothe
Department’sreviewandapproval.
Supervision.Throughout the Work, the constructionofficeshallbe
managedbypersonnelcompetenttooverseetheWorkatalltimes
while constructionisunderway. Such personnelshallmaintain fulltime,
on-siteconstructionsupervisionand providedailyinspections,quality
control,monitoring,coordinationofvarioustrades,recorddrawings,and
dailyworklog.
Move-inAssistance.The Design-Buildershallassist.DPR in
relocatingFF&Eandotheritems,asapplicable.TheGMP shallinclude
anallowanceandScopeofWorkfortheseactivities.
Section5.14Close-out& FF&E.
5.14.1
5.14.2
5.14.3
A detailedlistofFF&Erequirementswillbedevelopedduringthedesign& preconstructionphaseandattachedheretoasExhibitN.
Punchlist.PromptlyaftertheProjectreachesSubstantialCompletion,theDesign-BuildershallcausetheArchitecttodevelopapunchlist.Once
thepunchlistisprepared,theDesign-Buildershallinspectthework
alongwithrepresentativesfromtheDepartment.Thepunchlistshallbe
revisedtoreflectadditionalworkitemsthatarediscoveredduringsuch
inspection.TheDesign-Buildershallcorrectallpunchlistitemsnolater
thanninety(90)daysafterSubstantialCompletionisachieved.
‘Warranties& Manuals,SubsequenttoSubstantialCompletionandnolaterthanfifteen(15)daysfollowingSubstantialCompletion,the
Design-Buildershallprepareandsubmitthefollowingdocumentation:
(@ a completesetofproductmanuals(O&M),trainingvideos,
warranties,etc.;(ii)atticstock;(iii)anequipmentschedule;(iv)aproposedscheduleofmaintenancefortherenovatedbuilding;(v)
environmental,healthandsafetydocumentsfortherenovatedbuilding;
and(vi)allapplicableinspectioncertificates/permits(boiler,elevator,
emergencyevacuationplans,healthinspection,etc.)fortherenovated
building.Nolaterthanthirty
(30)daysfollowingSubstantialCompletion,theDesign-Buildershallprepareandsubmit:(x)acompletesetofitsProjectfiles;and(y)a set
ofrecorddrawings,includingBIMmodel(s).

‘TheDesign-Buildershallpreparean“as-built”planofthesiteincluding
allthemodificationsperformedduringconstruction,within30daysof
completion,TheDesign-Buildershallalsosubmitwarrantyinformation
onalldesignrequirementswithin30daysofcompletion.
5.14.4SupportforInitialHeating& CoolingSeason,TheDesign-Builderand
itsmechanicalSubcontractorshallprovidesupporttotheClientAgency
andtheDepartmentduringsystemstart-upandininitialoperation
forthefirstheatingandcoolingseasonafterSubstantialCompletionisachieved.
5.14.5Training,TheDesign-BuildershallprovidetrainingtoClientAgencystaffonallofthebuildingsystems.TheDesign-Buildershallberequired
to schedulesuchtrainingsessionsandshallusecommercially
reasonableeffortstoensureallsuchtrainingoccurspriortoFinal
CompletionDate.
5.14.6The Design-BuildershallassistClientAgency in relocatingFF&E and
otheritemsas necessarywithintherenovatedbuilding,as wellas for
cleaningand othermove-in servicesas directedby theDepartment, The
GMP shallincludean allowanceand scope of work fortheseactivities.
This allowanceisinadditiontocleaningservicesthatwould otherwisebe
requiredby theDesign-Builder,including,butnotlimitedto,the
obligationtodelivera broom cleanbuildingattheend of construction.
Section5.15 Salvaged and Stored Items.
TheDesign-Buildershallberesponsibleforsalvagingandstoringallitemsasidentified
bytheDepartment,andtothebenefitoftheDepartment,inaccordancewithallapplicableDistrict
lawsandregulations,afternotifyingtheDepartmentandreceivingtheDepartment’spermissionto
proceed.
Section5.16 Sediment and Erosion Control.
The Design-Buildershallbe responsiblefor installingsediment and erosioncontrol
measures, inclusiveof, but not limitedto: siltfencing,inletprotection,stabilizedconstruction
entrances,and othercontrolmeasures.
Section5.17 Quality Control.
5.17.1GeneralObligation,TheDesign-Buildershallberesponsibleforall
activitiesnecessarytomanage,control,anddocumentworktoensure
compliancewithContractDocuments.The Design-Builder’sresponsibilityincludesensuringadequatequalitycontrolservicesare
providedbytheDesign-Builder’semployeesanditssubcontractorsatall
levels.Theworkactivitiesshallincludesafety,submittalmanagement,
documentreviews,reporting,andallotherfunctionsrelatedtoquality
construction.
5.17.2QualityControlPlan,Withinfortyfive(45)daysafterthedesign
developmentdocumentsareapproved,theDesign-Buildershalldevelop
a qualitycontrolplanfortheProject(the“QualityControlPlan”),A
draftoftheQualityControlPlanshallbesubmittedtotheDepartment
andshallbesubjecttotheDepartment’sreviewandapproval.The
QualityControlPlanshallbetailoredtothespecificproducts/typeof
constructionactivitiescontemplatedbytheGMP BasisDocuments,andingeneral,shallincludea tableofcontents,qualitycontrolteam
organization,duties/responsibilitiesof qualitycontrolpersonnel,
submittalprocedures,inspectionprocedures,deficiencycorrection
procedures,documentationprocess,andalistofanyotherspecificactionsorproceduresthatwillberequiredforkeyelementsoftheWork.

5
5.17.3Implementation,DuringtheConstructionPhase,theDesign-Buildershallperformregularqualitycontrolinspectionsandcreatereports
basedonsuchinspectionspursuanttotheQualityControlPlan.The
qualitycontrolreportsshallbeprovidedtotheDepartmentelectronicallyon a monthlybasis.TheDesign-Buildershallincorporateaquality
controlsectionintheprogressmeetingsto discussoutstanding
deficiencies,testing/inspections,andupcomingWork.Themonthly
reportshallincludea detailedsummaryofthestepsthatarebeingemployedtoprovidequalityconstructionandworkmanship.The
monthlyreportshouldspecificallyaddressissuesraisedduringthemonth
andoutlinethestepsthatarebeingusedtoaddresssuchissues.
Section5.18Acceleration.
SubjecttothetermsofthisSection,theDepartmentshallhavetherighttodirectthe
DesignBuildertoacceleratetheWorkif,inthereasonablejudgmentofDepartment:(i)theDesign
BuilderfailstosupplyasufficiencyofworkersortodeliverthematerialsorequipmentwithsuchpromptnessastopreventthedelayintheprogressoftheWork;or(ii)theprogressoftheWork
otherwisemateriallyfallsbehindtheprojectionscontainedinthethencurrentlyapprovedProject
Schedule.IntheeventthattheDepartmentoritsProgramManagerdeterminethateitherofthe
eventsspecifiedintheprecedingsentencehaveoccurred,theDepartmentshallprovidetheDesign
BuilderwithwrittennoticeofsucheventandtheDesign-Buildershallberequiredtoprovidethe
Departmentwithaschedulerecoveryplan(“RecoveryPlan”)thatisreasonablydesignedtoaddresstheconcernsraisedinsuchnoticewithinthree(3)daysafterreceiptofsuchnotice.Ifthe
DepartmentandtheDesign-BuilderareunabletoagreeonthetermsoftheRecoveryPlanwithinfive
(5)daysaftertheissuanceofthenotice(ie.withinfortyeight(48)hoursafterthereceiptof‘theproposedRecoveryPlan),theDepartmentshallhavetherighttodirectsuchaccelerationasthe
Department,initsreasonablejudgment,deemsnecessary.ProvidedDepartmentcomplieswiththe
noticeprovisionsofthisSection,thecostofanyaccelerationdirectedunderthisSectionshallnot
justifyanadjustmenttotheGMP ontheSubstantialCompletionDate.
GiventhenatureoftheProjectandthefactthatthereisafixeddateuponwhichtheClient
Agencyplanstooccupythebuilding,theDesign-Builderhereby:(i)acknowledgesthatthis
provisionisa materialinducementuponwhichtheDepartmenthasreliedinenteringintothisAgreement;and(ii)representsandwarrantsthatithasincludedsufficientfundingintheGMP in
ordertocomplywiththerequirementsofthisSection.
Section5.19CorrectiveAction Plan.
SubjecttothetermsofthisSection,theDepartmentshallhave therightdirecttheDesign
BuildertorevisetheprovisionsoftheQualityControlPlanif,inthereasonablejudgmentofthe
Department,thecraftsmanshipoftheWorkbeinginstalledfailstocomplywithgenerallyapplicable
industrystandards,requirementssetforthintheSpecificationsthatarereasonablyrelatedtothe
qualityofcraftsmanshipquality,oranyprovisionssetforthinthisAgreement(eacha“QualityControlEvent”).IntheeventthattheDepartmentoritsProgramManagerdeterminethataQualityControl
Eventhasoccurred,theDepartmentshallprovidetheDesign-Builder.withwrittennoticeofthe
occurrenceofsuchQualityControlEventandtheDesign-Buildershallberequiredtoprovidethe
Departmentwithacorrectiveactionplanthatisreasonablydesignedtoaddresstheconcernsraised
insuchnoticewithinthree(3)daysafterreceiptofsuchnotice(eachinstance,a“CorrectiveAction
Plan”).IftheDepartmentandtheDesign-BuilderareunabletoagreeonthetermsoftheCorrective
ActionPlanwithinfive(5)daysaftertheissuanceofthenotice(i.e.withinfortyeight(48)hoursafter
thereceiptoftheproposedcorrectiveactionplan),theDepartmentshallhavetherighttodirect
suchcorrectiveactionmeasuresastheDepartment,initsreasonablejudgment,deemsnecessary.Such
directivemayincludeadjustmentstotheproceduralprovisionssetforthintheQualityControlPlan
and/ormayimposeadditionalrequirementsonthemannerinwhichWorkisbeingperformed,
ProvidedtheDepartmentcomplieswiththenoticeprovisionsofthisSection,thecostofanysuch
correctiveactiondirectedunder thisSectionshall not justifyan adjustmentto the GMP on the
SubstantialCompletion Date.
Section5.20UseofProjectTeam.TheContractorshallutilizetheDepartment’sProjectTeamsystemtosubmitanyandall
documentationrequiredtobeprovidedbytheContractorfortheProject,including,butnotlimitedto,(®requestsforinformation;(ji)submittals;(iii)meetingminutes;(iv)proposedchanges;(v)pencilcopiesofpaymentapplications;and(vi)fieldreports.
Section 5.21 Use of The DC Vendor Portal.
The Contractor shallbe requiredto utilizethe DC Vendor Portalforallinvoice submissions and
willbesubjecttoprovidinganyrequiredadditionalbackupinformationrequestedfortheinvoicesubmitted.
Section5.22 Conformance with Laws.
ItshallbetheresponsibilityoftheDesign-BuildertoperformundertheAgreementin
conformancewiththeDepartment’sProcurementRegulationsand allstatutes,laws,codes,
ordinances,regulations,rules,requirements,orders,andpoliciesofgovernmentalbodies,including,
withoutlimitation,theU.S. Government and theDistrictof Columbia government;and itis the sole
responsibilityoftheDesign-BuildertodeterminetheProcurementRegulations,statutes,laws,codes,ordinances,regulations,rules,requirementsand ordersthatapplyand theireffecton the
Design-Builder’sobligationsthereunder..GiventherequirementsfortheProject,theDepartment
may,atitssolediscretion,(i)applyforvariancetotherequirementofadheringtotheGreenBuilding
Acton theProjectand(ii)considerdeferringthescopeofworkassociatedwithstormwater
‘managementtoalaterphaseoftheProject.

Section5.23Licensing,AccreditationandRegistration
TheDesign-Builderandallofitssubcontractorsandsubconsultants(regardlessoftier)shall
complywithallapplicableDistrictofColumbia,state,andfederallicensing,accreditation,and
registrationrequirementsandstandardsnecessaryfortheperformanceoftheAgreement.Withoutlimitingthegeneralityoftheforegoing,alldrawingsshallbesignedandsealedbya professional
ArchitectorengineerlicensedintheDistrictofColumbia.
Section5.24 ConstructionPhase Deliverables.
The deliverablessetforthon ExhibitC are requiredduringtheConstructionPhase.
Section5.25Close-OutDeliverables.ThedeliverablessetforthinExhibitN arerequiredduringtheProject’sClose-OutandpriortoFinalPayment,assetforthinSection10.12.
Article6.DESIGNATED REPRESENTATIVES
Section6.1Department'sDesignatedRepresentative.
TheDepartmentdesignatestheindividual(s)identifiedinExhibitI asitsrepresentative
withexpressauthoritytobindtheDepartmentwithrespecttoallmattersrequiringtheDepartment's
approvalorauthorization.SubjecttothelimitationsontheirauthorityspecifiedinExhibitI,these
representative(s)shallhavetheexclusiveauthoritytomakedecisionsonbehalfoftheDepartment
concerningestimatesandschedules,constructionbudgets,changesintheWork,andexecutionof
ChangeOrders,ContractModificationsorChangeDirectives,andshallrendersuchdecisions
promptlyandfurnishinformationexpeditiously,soastoavoidunreasonabledelayintheservicesorperformanceoftheWorkoftheDesign-Builder.InorderfortheDepartmenttoeffectivelymanage
theProjectandassurethattheDesign-Builderdoesnotreceiveconflictinginstructionsregarding
theWork,theDesign-BuildershallpromptlynotifytheDepartment’srepresentativeupon
receivinganyinstructionsorothercommunicationinconnectionwiththeDesign-Builder’sWork
fromanyemployeeoftheDepartmentorotherpurportedagentoftheDepartmentotherthanthe
Department'sdesignatedrepresentative.
Section6.2Design-Builder’sDesignatedRepresentative.
TheDesign-Builderdesignatestheindividual(s)identifiedinExhibitHas its
representativewithexpressauthoritytobindtheDesign-BuilderwithrespecttoallmattersrequiringtheDesignBuilder’sapprovalorauthorization,Inaddition,theDepartmentretainsthe
righttoapprovecandidatestoserveason-sitepersonnelinaccordancewitheachcandidate’s
experiencewithsimilarprojectsandlocalmarketplaceconditions.Onceapproved,individuals
cannotbechangedwithouttheDepartment’spriorapproval.Duringtheentireterm,itisagreedthattheDesignBuilder’sdesignatedrepresentativewilldevotehisorhertimeexclusivelytothe
Project,unlesstheDepartmentconsentstoa reductionintime.Allservicesprovidedbythe
Design-Buildershallbe performedinaccordancewiththehighestprofessionalstandardsrecognizedandadheredtobydesign-buildersthatdesignandconstructAmericanswithDisabilities
Act(“ADA”)upgradesandprojectsthataresimilartotheProjectinlargeurbanareas.
Article7COMPENSATION AND PAYMENTS FOR DESIGN & PRECONSTRUCTION
Section7.1Compensation
Section7.2Payment
PHASE SERVICES
7.1.1.TheDepartmentshallcompensateandmakepaymentstothe
TAZ
721
Design-Builderfor Design & PreconstructionServicesin
accordancewiththisArticle7,ForPreconstructionServices,
the Design-Builder’scompensation shallbe as set forthin
theProjectInformationSectionof thisAgreement(the
“PreconstructionFee”). The PreconstructionFee shallbe
the Design-Builder’ssolecompensation for Preconstruction
Phase Services.The PreconstructionFee shallinclude,but not
belimitedto,amountsnecessarytocompensatetheDesign-
Builderfor:
+ Profit
+ Home OfficeOverhead
* Costofpreconstructionstaff
+ FringeBenefitsassociatedwith staffcosts
* Payrolltaxesassociatedwithstaffcosts
* Staffcostsassociatedwithobtainingpermitsand
approvalsduringthedesigné&preconstructionphase
* Out-of-houseconsultants
+ Travel,LivingandRelocationexpenses
* Job vehicles
* Officeequipmentincludingbutnotlimitedto:
Computerhardwareand
software;Faxmachines;
Copyingmachines
* Officesupplies
+ Telephone
* Localdeliveryandovernightdeliverycosts
The Department shallcompensate and make payments to the
Design-Builderfor design servicesin accordance with this
Article7 and Article10. For design services,the Design-
Builder'scompensationshallnot exceed theamount setforth
intheProjectInformationSectionofthisAgreement(the
“DesignFee”),
PaymentsforDesign& PreconstructionPhaseServicesshallbe
mademonthlyovertheanticipateddurationoftheDesign&
PreconstructionPhasefollowingpresentationandacceptanceof
theDesign-Builder’sinvoiceandshallbeinproportionto
servicesperformed.Innoevent,however,willtheaggregateof
theDesign-Builder’smonthlyinvoicesforDesign&
PreconstructionPhaseServicesexceedthePreconstructionFee.
7.2.2Paymentsaredueandpayableinaccordancewithofthis
Agreement,Amountsunpaidafterthedateofwhichpayments
dueshallbearinterestinaccordancewiththeQuickPayment
Act.
Article8 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
Section8.1Compensation.
TheDepartmentshallcompensateandmakepaymentstotheDesign-Builderfor
ConstructionPhaseServicesinaccordancewiththisArticle8.FortheConstructionPhaseServices,theDesign-Builder’scompensationshallbeassetforthintheProjectInformation
SectionofthisAgreement(the“Design-BuildFee”).Design-BuildFeeshallbebilledinaccordance
withSection10.1ProgressPaymentstobepaidinequalmonthlyinstallmentsovertheanticipated
durationoftheConstructionPhase.To theextentthatthedurationoftheAgreementis
extended,thethenremainingamountsoftheDesign-BuildFeewillbere-allocatedsuchthatthethenexistingportionoftheDesign-BuildFeeshallbeevenlyspreadoverthethenremaining
durationoftheConstructionPhase.
ExhibitP. Reserved.
Section 8.2 Maximum Cost of General Conditions.
The Maximum Costof General Conditions shallbe the maximum amount thatwillbe reimbursed by
the Department for those costs described in Section 9.2. To the extent the Design-Builder incurs
General Conditions costsin excess of the Maximum Cost of General Conditions,the Design-Builder
shallnotbeentitledtoreimbursementforsuchamounts,Insuchanevent,theDesign-BuildershallberequiredtoadequatelystafftheProject.
Section8.3ProjectBudget.
TheDepartmenthasestablishedabudgetfortheProjectassetforthintheInformationSectionofthisAgreement(suchbudget,the“ProjectBudget”).SuchProjectBudgetincludesanyandallamountswhichmaybeduetotheDesign-BuilderpursuanttothisAgreement,andinnoeventshalltheDesign-BuilderbeentitledtorecovermorethantheProjectBudgetunlesstheDesign-BuilderisauthorizedtoexceedtheProjectBudgetbytheDepartmentinadvanceandinwriting.
Section8.4No Adjustments to Fee.
ItistheDepartment’sintenttoengagetheDesign-BuildertodevelopaGMP that_meets
theprogrammatic requirementssetforthby theClientAgency and the ProjectBudget as setforth
herein(i.e.designedto budget),toallow forSubstantialCompletion of theWork to be achievedno
laterthan the SubstantialCompletion Date. The Design-Builder shallbe entitledto an adjustment
totheDesign-BuildFee atthetime theGMP isestablishedto theextent,and onlytotheextent,that:
(i)theDepartmentmakesadditionstothescopethat,whenmeasuredrelativetotheprogram,cause
theGMP toexceedtheDesign-Builder’soriginalconceptestimatebymorethanfivepercent(5%);
or(ii)theDepartmentmakesadditionstothescopeprovidedforhereinwhich(otherthanfor
punchlistorwarrantywork)whichrequirestheDesign-Builder’sservicesattheProjecttoextend30
daysormorebeyondtheSubstantialCompletionDate.WithregardtoChangeOrdersissuedafter
theGMP isestablished,the Design-Buildershallbe entitledto an increasein theDesign-BuildFee
totheextent,andonlytotheextent,that:(i)theDepartmenthasaddedanewprogrammaticelement
to theProject;or (ii)theDepartment made additionstotheGMP scope which (otherthanpunchlist
‘orwarrantywork)requiretheDesign-Builder’sservicesattheProjecttoextend30daysormore
beyondtheSubstantialCompletionDate.
Section8.5Markup on Trade Work.
The maximum markup forchange orderwork shallbe as follows:
8.5.1For Work performedby a Subcontractorwith itsown forces,the
Subcontractorshallbe entitledtoa mark-upof notmore thanfive
percent(5%)(coveringhomeofficeoverhead,thecostofinsurance
andbonds,fieldsupervision,generalconditionsandprofit)onthe
DirectCostsoftheWork.ForWorkthattheDepartmentpermitsthe
Design-Buildertoself-perform,theDesignBuildershallalsobe
entitledto a markup of notmore thanfivepercent(5%) of theDirect
Cost of the Work. With regard to any such Work that is self-
performedbytheDesign-Builder,themarkupcontemplatedinthis
Sectionshallbe theDesign-Builder’sexclusivecompensation;
8.5.2InterveningtierSubcontractorsshallbeentitledtoamarkupoftwopercent(2%)(coveringhomeofficeoverhead,thecostofinsuranceandbonds,fieldsupervision,generalconditionsandprofit)onWorkperformedbylower-tierSubcontractors;
8.5.3Innoeventshallthemaximummark-upontheDirectCostof
theWorkexceedfivepercent(5%).DirectCostoftheWorkshall
meanlabor,materialandothercostsreasonablyandnecessarilyincurredintheproperperformanceoftheWorkasapprovedbythe
Departmentandshallinclude,butnotbelimitedto:(DirectCostof
theWorkdoesnot,however,includehomeofficeoverhead,field
supervision,generalconditionsorprofitofeithertheSubcontractorortheDesign-Builder.No personnelabovethelevelofa working
foremanshallbeconsidereda DirectCostoftheWork).
Section 8.6 Direct Cost of Work
“Direct Cost of the Work” shall mean labor,material and other costs reasonably and
necessarilyincurredintheproperperformanceoftheWorkasapprovedbytheDepartmentandshallinclude,but not be limitedto:
8.6.1Labor.Paymentwillbemadefordirectlaborcostplusindirectlaborcostsuchasinsurance,taxes,fringebenefitsandwelfareprovidedsuchcostsare
consideredreasonable.Indirectcostsshallbeitemizedandverifiedbyreceipted
invoices.Ifverificationisnotpossible,up toeighteenpercent(18%)ofdirect
laborcostsmaybeallowed.
8.6.2RentedEquipment.Paymentforrequiredequipmentrentedfromanoutsidecompanythatisneitheranaffiliateof,norasubsidiaryof,theDesign-
Builderwillbebasedonreceiptedinvoiceswhichshallnotexceedratesgiven
inthecurrenteditionoftheRentalRateBlueBookforConstructionEquipment
publishedbyDataQuest.Ifactualrentalratesexceedmanualrates,writtenjustificationshallbe furnishedtotheContractingOfficerforconsideration,No
additionalallowancewillbemadeforoverheadandprofit.TheDesign-Builder
shallsubmitwrittencertificationtotheContractingOfficerthatanyrequiredrentedequipmentisneitherownedbynorrentedfromtheDesignBuilderoran
affiliateoforsubsidiaryoftheDesignBuilder.
8.6.3Design-Builder’sEquipment.Paymentforrequiredequipmentownedby
theDesign-BuilderoranaffiliateoftheDesign-Builderwillbebasedsolelyon
anhourlyratederivedbydividingthecurrentappropriatemonthlyrateby176
hours.No paymentwillbemadeunderanycircumstancesforrepaircosts,
freightandtransportationcharges,fuel,lubricants,insurance,anyothercosts
andexpenses,oroverheadandprofit.PaymentforsuchequipmentmadeidlebydelaysattributabletotheGovernmentwillbebasedonone-halfthederived
hourlyrateunderthissubsection.
8.6.4Materials.IncorporatedandunincorporatedmaterialsaspermittedunderSection8.7DirectCostofWork.
8.6.5DirectCostoftheWorkdonot,however,includehomeofficeoverhead,
fieldsupervision,generalconditionsorprofitofeithertheSubcontractorortheDesign-Builder.Nopersonnelabovethelevelofaworkingforemanshallbe
consideredaDirectCostoftheWork.
Article9 COST OF THE WORK FOR CONSTRUCTION PHASE
Section9.1Cost ofthe Work.
The followingcostsshallbe reimbursableatcostand withoutmark-up:
93.1
9.3.2
9.3.3
9.3.4
93.5
9.3.6
93.7
93.8
PaymentsmadebytheDesign-Buildertosubcontractorsandsuppliers,butonlyinaccordancewiththeSubcontractsandSupplyAgreements;
TheCostofGeneralConditions(asdefinedbelowinSection9.2),subjecthowevertotheMaximumCostofGeneralConditions;
AllamountsduetotheDesign-BuilderunderthetermsoftheDepartment'swrittenauthorizationfortheDesign-BuildertoperformanyportionoftheWorkasSelf-PerformedWork.IfanauthorizationfortheDesign-BuildertoengageinSelf-Performed
Workisnotonafixed-pricebasis,then,astothatwork,thefollowingcostsshallbewithintheCostoftheWork:
1.Labor.ProperlydocumentedwagesactuallypaidtoProjectforemen,constructionworkers,andotherpersonnelinthedirectemployoftheDesign-Builder,while
engagedin approvedSelf-PerformedWork,togetherwithcontributions,assessments,payrolltaxes,orfringebenefitsrequiredbythelawsorapplicablecollectivebargainingagreements.
2.IncorporatedMaterials.Thecost,netoftradediscounts,ofallmaterials,products,supplies,andequipmentincorporatedintotheSelf-PerformedWork,including,withoutlimitation,costsoftransportationandhandling.
3.UnincorporatedMaterials.Thecostofmaterials,products,suppliesandequipmentnotactuallyinstalledorincorporatedintotheSelf-PerformedWork,butrequiredtoprovideareasonableallowanceforwasteorspoilage,subjecttothe
Design-Builder’sagreementtoturnunusedexcessmaterialsovertotheDepartmentatthecompletionoftheProjector,attheDepartment'soption,tosellthematerialandpaytheproceedstotheDepartmentorgivetheDepartmentacreditintheamountoftheproceedsagainsttheCostoftheWork.
Royaltyandlicensefeespaidforuseofadesign,processorproduct,ifitsuseisrequired
bytheAgreementorhasbeenapprovedinadvancebytheDepartment;
Feesforobtainingallrequiredapprovalsorpermitsassociatedwiththeabatement,
demolition,utilitiesabandonment,andutilityrelocation,andalltradepermitfeesandthe
buildingpermitfee;
Cost of the Design/Builder’sArchitect/Engineer’scontractreimbursed at cost and
withoutmarkup;provided,however,thatsuchcostsshallnotexceedtheDesignFeeset
forthinthisAgreement.Any amountsinexcessoftheDesignFeeshallnotbe
reimbursableas a Cost of Work;
Al feesandothercostsnecessarilyincurredtocarryouttestingandinspectionrequired
by the Agreement, or otherwiseto maintainproper qualityassurance.The coststhe
Design-Builderincurstoscheduleand coordinateany additionaltestingand inspections
theDepartment may decideto conductitselfshallbe reimbursableunlesstheadditional
testingestablishesthatthe work testedwas defectiveor otherwisefailedto satisfythe
Agreement’srequirements,inwhichcasetheDesign-Buildershallpaythecosts,without
reimbursement.
Allbondstojurisdictionalagencies(utilities,stormwatermanagement,landdisturbance,
andgrading);and

9.3.9Allperformanceandpaymentbondsandgeneralliabilityinsurance.TheDepartment
may, initssolediscretion,allowtheDesign-Buildertorecoverthecostsof subcontractor
defaultinsuranceatamutuallyagreeduponrateinlieuoftradelevelbonds,provided
thatsuchinsurancebeapprovedbytheDepartmentinadvanceandafterbeingpresented
withacost-benefitanalysisofsuchuse.
9.3.10CostsofrepaitingorcorrectingdamagedornonconformingWorkexecutedbythe
Architect,orDesign-Builder’sotherconsultants,Subcontractorsorsuppliers,provided
thatsuchdamagedornonconformingWorkwasnotcausedbynegligenceorfailureto
fulfillaspecificresponsibilityoftheDesign-Builder,andonlytotheextentthatthecost
ofrepairorcorrectionisnotrecoverablebytheDesign-Builderfrominsurance,sureties,
Subcontractorsor suppliers.Itis understoodthatthe costof repairing,correcting
damaged ornonconformingWork thatwas Self-Performedshallnotbe reimbursablein
anyevent.
Section9.2CostofGeneralConditions.
TheDesign-Builder’sgeneralconditioncostsshallbereimbursableatcostandwithoutmark-up.Only
thefollowingitems,however,arereimbursable:(Anyotheritemsorexpensesarenon-reimbursable,andtheDesign-Buildershalluseitsfeetocoveranyadditionalcostitems)
9.2.1Thecostof“constructionstaff”.Thetermconstructionstaffshallmeanthe
ProjectExecutive,projectmanagersandsuperintendentsassignedtothe
Project,administrativeandprofessionalstaffperformingscheduling,costestimatingandaccountingservicesassignedona full-timebasistothe
Projectsite;
9.2.2FringeBenefitsassociatedwithconstructionstaff;
9.2.3Payrolltaxesandpayrollinsuranceassociatedwithconstructionstaff;
9.2.4Staffcostsassociatedwithobtainingpermitsandapprovals;
9.2.5Out-of-houseconsultants;
9.2.6FieldofficefortheDesign-Builderincludingbutnotlimitedto:(i)trailer
purchaseand/orrent;(ii)fieldofficeinstallation,relocationandremoval;(iii)
utilityconnectionsandchargesduringtheConstructionPhase;(iv)furniture;and
(v)officesupplies;
9.2.7Officeequipmentincludingbutnotlimitedto:(i)computerhardwareand
software;(ji)faxmachines;(ji)copyingmachines;(iv)telephoneinstallation,
systemandusecharges;and(v)jobradios;
9.2.8Localdeliveryandovernightdeliverycosts;
9.2.9Fieldcomputernetwork;
9.2.10Firstaidfacility;
9.2.11Progressphotos;
9.2.12Printingcostfordrawings,bidpackages,etc.
9.2.13BIM Cost(software,seats,hardware)
9.2.14Other(asitemized)
Section9.3Non-Reimbursable Costs
The followingcostsshallnot be reimbursable:
9.3.1
9.3.2
9.3.3
9.3.4
9.3.5
9.3.6
9.3.7
9.3.8
93.9
Section9.4
941
9.4.2
AllAnypersonnelorlaborcostsotherthanthoseprovidedforinSection9.3.3
(1)ofSection9.2.1.
FeesforanypermitsorlicensestheDesign-Builderrequirestoconductits
generalbusinessoperations.
Capitalexpensesand intereston capitalemployed fortheWork,
The costofhome orregionaloffices,itbeingunderstoodthatcompensationfor
suchcostsincludedintheDesign-BuildFeeand Award Fee.
Salesor use taxes,unlessthe Design-Builderestablishesthatapplicablelaw
requiredpaymentofsuchtaxes.
CostsduetotheerrorsoromissionsoftheDesign-Builderoritssubcontractors
orsuppliersatalltiers,negligentorotherwise.
CostsduestobreachofContractbytheDesign-Builderoritssubcontractorsor
materialsuppliersatalltiers,including,withoutlimitation,costsarisingfrom
defectiveordamagedworkoritscorrection,disposalofmaterialsorequipment
erroneouslysupplied,andrepairstopropertydamagedbytheDesign-Builderor
itssubcontractorsormaterialsuppliersatalltiers.
AnycostsincurredinperformingworkofanykindbeforePreconstructionNTP,
unlessspecificallyauthorizedbytheDepartmentinadvanceandinwriting,
Directorindirectcostsofanykind,exceptthoseexpresslyincludedinSection
91,
Discounts,Rebates And Refunds.
CashdiscountsobtainedonpaymentsmadebytheDesignBuildershallaccrue
totheDepartmentif:(i)beforemakingsuchpayment(s),theDesign-BuilderincludedtheminanApplicationforPaymentandreceivedpaymenttherefor
fromtheDepartment;or(ii)theDepartmenthasdepositedfundswiththeDesign-Builderwithwhichtomakesuchpayment(s).Allothercashdiscounts
shallaccruetotheDesign-Builder.Tradediscounts,rebates,refundsand
amountsreceivedfromsalesofsurplusmaterialsandequipmentshallaccrue
totheDepartment,andtheDesignBuildershallmakeprovisionssothatsuchamountscanbesecured.
AmountsthataccruetotheDepartmentinaccordancewiththeprovisionsof
Section9.3shallbecreditedtotheDepartmentasadeductionftomtheCostof
theWork.
Section9.5FacilitatingTaxExemptPurchases.
TheDepartmentexpectsthattheProjectwillqualifyastax-exemptunderapplicable
laws.Uponrequest,theDepartmentwillprovidetheDesign-Builderwiththenecessaryinformation
relatingtothetaxexemption.Intheeventanysavingsareattributabletothetax-exemptstatusoftheProject,theDesign-Buildershallnotbeentitledtoshareinsuchsavings.
Section9.6Accounting Records.
The Design-Buildershallkeep fulland detailedaccountsand exercisesuch controlsas
maybenecessaryforproperfinancialmanagementundertheAgreement.TheDesign-Builder’saccountingand controlsystemsshallbe satisfactoryto the Department.The Department,its
representatives,andtheDepartment’saccountantsshallbeaffordedaccesstotheDesign-Builder’s
records,books,correspondence,instruction,drawings,receipts,subcontracts,purchaseorders,
vouchers,memorandaandotherdatarelatingtothisProject,andtheDesign-Buildershallpreserve
suchdocumentationrelatingtotheProjectfora periodofthreeyearsafterfinalpayment,orfor
suchlongerperiodasmayberequiredbylaw.
Section9.7ExcludedCostElements.
ItistheDepartment'sintentthattheDesign-Builderprovideaturkeysolutionforthe
implementationoftheProject,andtheProjectBudgetsethereinhasbeendevelopedbasedonsuchframework.TheDesign-BuildershalladvancetheProjectinamannerconsistentwiththeProject
Budgetwiththeunderstandingthatonlythefollowingcostelementsshallbeexcludedfromthe
ProjectBudgetsetforthherein:
1-3" PartyMaterialTesting;
2 3"PartyCommissioning;
3 3"PartyInspections;
4 CostsofactiveDPR equipment
5 3 PartyPlan Review; and
6 PublicArt.
Article10 CONSTRUCTION PHASE PAYMENTS
Section10.1ProgressPayments.
TheDesign-Buildershallbecompensatedina seriesofprogresspaymentsanda Final
Payment,forWorkcompletedinaccordancewiththeAgreement,andforwhichproper
Applicationsfor Payment have been submitted and approved. The amount of each progress
paymentshallbeasfollows:
The CostofWork completedtodate
Currentapprovedestimated
CostofWorkthroughFinalCompletion
MinusApplicableretainage
MinusAmountspreviouslypaidbytheDepartment
Section10.2Retention.
TheDepartmentshallwithholdfromeachprogresspaymentanamountequaltoten
percent(10%)ofthepaymentrelatedto:(i)eachSubcontractandsupplyagreement;(ii)the
PreconstructionFee;(iii)Design-BuildFee;(iv)GeneralConditionsCosts;and(v)theCostofthe
WorkrelatedtoeachitemofSelf-PerformedWork,untilsuchtimeasfiftypercent(50%)ofthethencurrentlybudgetedcostassociatedwitheachsuchitemhasbeeninvoiced,atwhichpointthe
Departmentmayceaseretainingagainstsuchitem;provided,however,thatretentionshallnotbe
heldonthecostsofbonds,insurances,andthoseelementsofthegeneralrequirementswhich
consistofasingle,insolatedeffortsuchasdumpsterdisposalandsafetycarpentry.TheDepartmentmayelecttoincreasetheretentiononanytradeSubcontractoruptotenpercent(10%)intheeventthe
Departmentdeterminesthatthesituationsowarrants.TheDepartment,initssoleandabsolute
discretion,mayelecttoreducetheretainagerelatingtoaparticulartradeSubcontractor,ortheCostoftheWorkrelatedtoaspecificitemofSelf-PerformedWorktozeroupon:(a)satisfactory
completionofsuchWork;(b)submissionofallrequiredwarranties,certifications,andoperatingor
maintenanceinstructionswithrespecttothatWork;and(c)executionofappropriatewaiversof
lienandreleasesofclaims,However,innoeventshallthetotalretainageheldbytheDepartmentbereducedtoanamountthatislessthantwoandone-halfpercent(2.5%)oftheGMP.
Section10.3DocumentsRequiredwithApplicationforPayment.EachApplicationforPaymentshallbeaccompaniedbytheDesign-Builder’sjobcostledgersinaformsatisfactorytotheDepartment,theSubcontractors’andSuppliers’ApplicationsforPaymentonAIADocumentsG702andG703orotherformacceptabletotheDepartment,and suchothersupporting
documentationastheDepartmentmayreasonablyrequest.EachApplicationforPaymentshallinclude
detaileddocumentationofcostsasaconditiontoapprovingprogresspayments,buttheDesign-Buildershallneverthelessmaintaincompletedocumentationofthecosts.
‘AnexecutedReleaseofLiensandClaimsintheformatrequiredbytheContractingOfficermust
accompanyeachApplicationforPayment.
Section10.4StoredMaterials.
TheDepartmentshallnotberequiredtopayformaterialsstoredatthesiteorstoredat
otherlocationsabsentpriorwrittenauthorizationtodoso,whichauthorizationmaybewithheldatthe
Department'ssolediscretion.IftheDepartmentexpresslyagreestopayformaterialsstoredatthesitebutnotyetincorporatedintotheWork,theApplicationforPaymentmayalsoincludearequestfor
paymentofthecostofsuchmaterials,ifthematerialshavebeendeliveredtothesite,andsuitably
stored.Suchrequestsshallbedocumentedbyappropriateinvoicesandbillsofsale.Paymentfor
storedmaterialsshallbeconditionedalsoontheDesign-Builder’srepresentationthatithasinspectedthematerialandfoundittobefreefromdefectandotherwiseinconformitywiththisAgreement,
andonsatisfactoryevidencethatthematerialsareinsuredunderthebuilder’sriskpolicy.Further,if
theDesign-BuilderrequeststheDepartmenttoallowpaymentsforstorageofmaterialsoffsite,theDesign-Buildershallberequired,interalia,toagreetoexecutionofproperdocumentationtoafford
theDepartmentasecuredinterestinthematerialsuponpayment.
Section 10.5 Design-Builder’s Certification.
EachApplicationforPaymentshallbeaccompaniedbytheDesign-Builder'ssigned
certificationthat:
Section10.5.1.allamountspaidto theDesign-Builderon theprevious
ApplicationforPaymentthatwereattributabletoSubcontractorWorkorto
materialsorequipmentbeingsuppliedbyanysupplierhavebeenpaidovertotheappropriateSubcontractorsandsuppliers;
Section10.5.2.thatallamountscurrentlysoughtforSubcontractorWorkor
supply of materialsor equipment are currentlydue and owing to the
Subcontractorsandmaterialorequipmentsuppliers;
Section10.5.3.thatallWork,materialsorequipmentforwhichpaymentis
sought is,to the bestof the Design-Builder'sknowledge, freefrom defectand
‘meetsallofthe requirementssetforthintheAgreement: and that
Section10.5.4.thattheDesign-Builder’ssubcontractsincludetheclausesrequiredbysubparagraphs(1)through(4)ofD.C.OfficialCode§2-221.02(d)
(2017).
Section10.5.5.The Design-Buildershallnotincludeinan Applicationfor
Payment amounts forWork forwhich theDesign-Builderdoes not intendto
pay.
Section10.6LienWaivers.
EachApplicationforPaymentshallbeaccompaniedbywrittenwaiversoftherighttofile
amechanic’slienandallotherclaims,inaformsubstantiallysimilartoExhibitK fortheDesign
BuilderandallSubcontractorsandmaterialsuppliersatalltierswhohavesuppliedlaborormaterial
orbothforwhichpaymentisrequested,subjectonlytoreceiptofpayment.IftheDepartmentsorequests,theDesign-Buildershallalsosubmitunconditionalwaiversofliensforitselfandall
SubcontractorsandmaterialsuppliersatalltierswithrespecttoWorkormaterialsorequipmentfor
whichpaymenthasbeenpreviouslymade,andadditionalformsofwaiveracknowledgingreceiptof
finalpaymentundertheAgreementandprovidingfinalreleaseofsuchliens.
Section10.7WarrantyofTitle.
By submittingan ApplicationforPayment,theDesign-Builderwarrantstothe
DepartmentthattitletoallWorkforwhichpaymentissoughtwillpasstotheDepartment,without
liens,claims,orotherencumbrances,uponthereceiptofpaymentbytheDesign-Builder.The
Departmentmayrequireexecutionofappropriatedocumentstoconfirmpassageofcleartitle.
PassageoftitleshallnotoperatetopasstheriskoflosswithrespecttotheWorkinquestion.RiskoflossremainswiththeDesign-BuilderuntilSubstantialCompletion,unlessotherwiseagreedby the
Department,inwriting.
Section10.8Submission.Onthetwenty-fifthdayofeachmonththeDesign-BuildershallsubmittotheDepartment(withacopytotheProgramManager)anApplicationforPayment,whichApplicationforPayment
shallcovertheentiremonthduringwhichtheApplicationforPaymentissubmitted.AllamountsformallysubmittedviaApplicationforPaymentandnotdisputedbytheDepartmentshallbedueandpayableonthelastdayofthemonthfollowingsubmissionor,ifthatisnotabusinessday,onthefollowingbusinessday.IftheDesign-BuilderandDepartmentareunabletoagreeontheamountsproperlydueandowing,theDepartmentshallpayinaccordancewithitsgoodfaithdetermination
andtheDesign-BuildermayprotestandpursueaclaimasprovidedinthisAgreementandtheStandardContractProvisions(ConstructionContractsandArchitecturalandEngineeringServicesContracts).
Section10.9Right to Withhold Payments.
TheDepartmentwillnotifytheDesign-Builderwithinfifteen(15)daysafterreceivingany
ApplicationforPaymentofanydefectintheApplicationforPaymentortheDesign-Builder’s
performancewhichmayresultintheDepartment'sdecliningtopayallorapartoftherequested
amount.TheDepartmentmaywithholdpaymentfromtheDesign-Builder,inwholeorpart,as
appropriate,if:
10.9.1theWork is defectiveand such defectshave not been
remedied;or
10.9.2theDepartmenthasdeterminedthattheDesign-Builder’sprogresshasfallenbehindtheProjectSchedule,andthe
Design-Builderfails,withinten(10)calendardaysofthe
Department’swrittendemand,toprovidetheDepartment
witharealisticandacceptableRecoveryPlaninaccordance
with5.18;or
10.9.3theDesign-Builder’smonthlyscheduleupdatereflectsthatthe
Design-BuilderhasfallenbehindtheProjectSchedule,andtheDesign-Builderfailstoinclude,inthesamemonthly
report,arealisticandacceptableRecoveryPlanin
accordancewith5.18;or
10.9.4theDesign-Builderhasfailedtoprovidereportsinfull
compliancewith5.5ofthisAgreement;or
10.9.5theDesign-BuilderhasfailedtopaySubcontractorsor
supplierspromptlyorhasmadefalseorinaccurate
certificationsthatpaymentstoSubcontractorsorsuppliers
aredueorhavebeenmade;or
10.9.6anymechanic’slienhasbeenfiledagainsttheDepartment,
thesiteoranyportionthereoforinteresttherein,orany
improvementsonthesite,eventhoughtheDepartmenthaspaidallundisputedamountsduetotheDesign-Builder,and
theDesign-Builder,uponnotice,hasfailedtoremovethe
lien,bybondingitofforotherwise,withinten(10)calendar
days;or
10.9.7theDepartmenthasreasonableevidencethattheWorkwillnotbecompletedbytheSubstantialCompletionDate,asrequired,thattheunpaidbalanceoftheGMPwouldnotbeadequatetocoveractualorliquidateddamagesarisingfromtheanticipateddelay;or
10.9.8the Department has reasonableevidence thatthe Work cannot
bbecompletedfortheunpaidbalanceoftheGMP;or
10.9.9the Design-Builder isotherwise in substantialbreachofthis
Agreement(including,withoutlimitation,failurestocomplywith LSDBE Utilizationrequirements.
10.9.10theApplicationforPaymentisincomplete,unsubstantiated
and/ordoesnotcontainsufficientdocumentationforevaluationby
theContractingOfficer.
Section10.10PaymentNotAcceptance.
Paymentofanyprogresspaymentorfinalpaymentshallnotconstituteacceptanceof
Work thatisdefectiveor otherwisefailsto conform to the Agreement, or a waiver of any rightsor
remediestheDepartmentmayhavewithrespecttodefectiveornonconformingWork.
Section10.11Department Not Obligated to Others.
TheDepartmentshallhavenoobligationtopayorberesponsibleinanywayforpaymentstoaconsultantorSubcontractorperformingportionsoftheWork.
Section10.12FinalPayment.
A finalpayment (“FinalPayment”)shallbe made by theDepartmenttotheDesign-Builder
when:(i)FinalCompletionhasbeenachieved;(ii)alldeliverablessetforthin5.14,andExhibitN
havebeendeliveredtoandareacceptedbytheDepartment;(iii)theDesign-Builderprovidesthe
Departmenta completesetof productmanuals(O&M), trainingvideos,and warranties,as
applicable;and(iv)acompletefinalApplicationforPaymentandafinalaccountingfortheCostoftheWork havebeen submittedby theDesign-Builderand reviewedby theDepartmentand,to the
extenttheDepartmentdeterminesappropriate,theDepartment’saccountants.TheDepartmentshall
makeFinalPaymentnotmorethanthirty(30)daysaftertheDepartmentverifiestheamountofthe
finalpaymentsetforthinacompletefinalApplicationforPayment.
10.12.1The amount of the FinalPayment shallbe calculatedas follows:
10.12.1.1 Take the sum of theCost of theWork substantiatedby the
Design-Builder’sfinalaccountingandtheDesign-BuildFee;butnot
morethantheGMP.10.12.1.2 Subtractamounts,ifany,forwhichtheDepartment
withholdspursuanttotheAgreement.
10.12.1.3, SubtracttheaggregateofpreviouspaymentsmadebytheDepartment.(Iftheaggregateofpreviouspaymentsmadeby the
DepartmentexceedstheamountduetheDesign-Builder,theDesign-BuildershallpromptlyreimbursethedifferencetotheDepartment).
10.12.14 TheFinalPaymentshalltakeintoaccountanysavings
accruingtotheDepartmentortheDesign-Builder.
10.12.2TheDepartmentwillreviewandreportinwritingontheDesign-
Builder’sfinalaccountingwithin30daysafterdeliveryofthefinalaccountingtotheDepartmentbytheDesign-Builder.Basedupon
Department'sdeterminationoftheCostoftheWork,andprovidedthe
otherconditionsofSection13.1havebeenmet,theDepartmentwill,withinfifteen(15)daysaftertheDepartment’sdetermination,notify
theDesign-BuilderofanyamountthattheDepartmentwillwithhold
andthereasonstherefor.ThetimeperiodsstatedinthisParagraph
10.12supersedethosefortypicalprogresspayments.
10.12.31ftheDepartmentdeterminesthattheCostoftheWorkisthan
claimedbytheDesign-Builder,theDesign-Buildershallbeentitled
toproceedinaccordancewithArticle3oftheStandardContract
Provisions.Pendingafinalresolutionofthedisputedamount,the
DepartmentshallpaytheDesign-Buildertheamountthatthe
Departmentdeterminestobeappropriate.
Article11- INSURANCE
INSURANCE
‘A.GENERALREQUIREMENTS.TheContractoratitssoleexpenseshallprocureandmaintain,duringtheentireperiodofperformanceunderthiscontract,thetypesofinsurancespecifiedbelow.TheContractorshallhaveitsinsurancebrokerorinsurancecompanysubmitaCertificate
ofInsurancetotheCO givingevidenceoftherequiredcoveragepriortocommencingperformanceunderthiscontract.InnoeventshallanyworkbeperformeduntiltherequiredCertificatesofInsurancesignedbyanauthorizedrepresentativeoftheinsurer(s)havebeenprovidedto,andacceptedby,theCO.AllinsuranceshallbewrittenwithfinanciallyresponsiblecompaniesauthorizedtodobusinessintheDistrictofColumbiaorinthejurisdictionwheretheworkistobeperformedandhaveanA.M.BestCompanyratingofA-/VIIorhigher.ShouldtheContractordecidetoengageasubcontractorforsegmentsoftheworkunderthiscontractand
wishtoproposedifferentinsurancerequirementsthanoutlinedbelow,then,priortocommencementofworkbythesubcontractor,theContractorshallsubmitinwritingthenameandbriefdescriptionofworktobeperformedbythesubcontractorontheSubcontractorsInsuranceRequirementTemplateprovidedbytheCA,totheOfficeofRiskManagement(ORM).ORM willdeterminetheinsurancerequirementsapplicabletothesubcontractorand
promptlydeliversuchrequirementsinwritingtotheContractorandtheCA.TheContractormustprovideproofofthesubcontractor’srequiredinsurancepriortocommencementofworkbythesubcontractor.IftheContractordecidestoengageasubcontractorwithoutrequestingfromORM specificinsurancerequirementsforthesubcontractor,suchsubcontractorshallhavethesameinsurancerequirementsastheContractor.
Generalliability,commercialauto,workers’compensationandpropertyinsurancepolicies(ifapplicabletothisagreement)shallcontainawaiverofsubrogationprovisioninfavorofthe
GovernmentoftheDistrictofColumbia.
The Governmentof the Districtof Columbia shallbe includedinallpoliciesrequiredhereunder
tobemaintainedbytheContractoranditssubcontractors(exceptforworkers’compensation
and professionalliabilityinsurance)asan additionalinsuredsforclaimsagainstThe Government
of the Districtof Columbia relatingtothiscontract,with theunderstandingthatany affirmative
obligationimposedupontheinsuredContractororitssubcontractors(includingwithoutlimitationtheliabilitytopaypremiums)shallbethesoleobligationoftheContractororits
subcontractors,and not the additionalinsured. The additionalinsured statusunder the
Contractor’sand itssubcontractors’Commercial General Liabilityinsurancepoliciesshallbe
effectedusingtheISO AdditionalInsuredEndorsement form CG 20 10 11 85 (orCG 20 10 07
04 and CG 20 37 07 04) or such otherendorsementor combinationof endorsementsproviding
coverageatleastasbroadandapprovedbytheCO inwriting,AlloftheContractor’sandits
subcontractors’liabilitypolicies(exceptforworkers’compensationandprofessionalliability
insurance)shallbe endorsedusingISO form CG 20 01 04 13 or itsequivalentso as to indicate
thatsuchpoliciesprovideprimarycoverage(withoutanyrightofcontributionbyanyother
insurance,reinsuranceor self-insurance,includingany deductibleor retention,maintainedby an
AdditionalInsured)forallclaimsagainsttheadditionalinsuredarisingoutoftheperformance
of thisStatementof Work by the Contractoror itssubcontractors,or anyone for whom the
Contractororitssubcontractorsmay be liable.These policiesshallincludea separationof
insuredsclauseapplicableto theadditionalinsured,
IftheContractorand/oritssubcontractorsmaintainbroadercoverageand/orhigherlimitsthan
theminimums shown below,the Districtrequiresand shallbe entitledtothebroadercoverage
and/orthehigherlimitsmaintainedby theContractorand subcontractors.
B, INSURANCE REQUIREMENTS
1, Commercial General LiabilityInsurance (“CGL”) - The Contractor shallprovide evidence
satisfactorytotheCO withrespecttotheservicesperformedthatitcarriesaCGLpolicy,writtenonanoccurrence(notclaims-made)basis,onInsuranceServicesOffice,Inc.(“ISO”)formCG 00010413(oranotheroccurrence-basedformwithcoverageatleastasbroadandapprovedbytheCO inwriting),coveringliabilityforallongoingandcompletedoperationsoftheContractor,includingongoingandcompletedoperationsunderallsubcontracts,andcoveringclaimsforbodilyinjury,includingwithoutlimitationsickness,diseaseordeathof
anypersons,injurytoordestructionofproperty,includinglossofuseresultingtherefrom,personalandadvertisinginjury,andincludingcoverageforliabilityarisingoutofanInsuredContract(includingthetortliabilityofanotherassumedinacontract)andactsofterrorism(whethercausedbyaforeignordomesticsource).Suchcoverageshallhavelimitsofliabilityofnotlessthan$1,000,000eachoccurrence,a$2,000,000generalaggregate(includingaperlocationorperprojectaggregatelimitendorsement,ifapplicable)limit,a $1,000,000
personalandadvertisinginjurylimit,anda $2,000,000products-completedoperationsaggregatelimitincludingexplosion,collapseandundergroundhazards.
The contractorshouldbe namedas an additionalinsuredon theapplicablemanufacturer’s/distributer’sCommercialGeneralLiabilitypolicyusingInsuranceServices
Office,Ine,(“ISO”)formCG 20150413(oranotheroccurrence-basedformwithcoverageatleastasbroad).
DGS shouldcollect,reviewforaccuracyand maintainallwarrantiesforgoods and services.
2.AutomobileLiabilityInsurance-TheContractorshallprovideevidencesatisfactorytotheCO ofcommercial(business)automobileliabilityinsurancewrittenonISOformCA 0001
1013(oranotherformwithcoverageatleastasbroadandapprovedbytheCO inwriting)includingcoverageforallowned,hired,borrowedandnon-ownedvehiclesandequipmentusedbytheContractor,withminimumperaccidentlimitsequaltothegreaterof(i)thelimitssetforthintheContractor’scommercialautomobileliabilitypolicyor(ii)$1,000,000peroccurrencecombinedsinglelimitforbodilyinjuryandpropertydamage.
3.Workers’CompensationInsurance-TheContractorshallprovideevidencesatisfactorytothe CO of Workers’ Compensation insurance in accordance with the statutorymandates of
the Districtof Columbia or thejurisdictionin which the contractisperformed.
Employer’s LiabilityInsurance - The Contractor shallprovide evidence satisfactoryto the
COofemployer'sliabilityinsuranceasfollows:$500,000peraccidentforinjury;$500,000peremployeefordisease;and$500,000forpolicydiseaselimit.
Allinsurancerequiredbyparagraphs1,2and3 shallincludea waiverofsubrogationendorsementforthebenefitofGovernmentoftheDistrictofColumbia.
4,CyberLiabilityInsurance-TheContractorshallprovideevidencesatisfactorytotheContractingOfficerofCyberLiabilityInsurance,withlimitsnotlessthan$2,000,000per
occurrenceorclaim,$2,000,000aggregate.CoverageshalllbesufficientlybroadtorespondtothedutiesandobligationsasisundertakenbyContractorinthisagreementandshallinclude,butnotlimitedto,claimsinvolvinginfringementofintellectualproperty,includingbutnotlimitedtoinfringementofcopyright,trademark,tradedress,invasionofprivacy
violations,informationtheft,damage to or destructionof electronicinformation,releaseof
privateinformation,alterationofelectronicinformation,extortionand network security.The
policyshallprovidecoverageforbreachresponsecostsaswellasregulatoryfinesand
penaltiesas wellas creditmonitoringexpenseswithlimitssufficienttorespondtothese
obligations.Limitsmay notbe sharedwithotherlinesof coverage.A copy of thecyber
liabilitypolicymustbesubmittedtotheOfficeofRiskManagement(ORM)forcompliance
review.
. EnvironmentalLiability/ContractorsPollutionLiabilityInsurance-TheContractorshallprovideevidencesatisfactorytotheCO ofenvironmentalliabilityinsurancecoveringlosses
causedbypollutionorotherhazardousconditionsarisingfromongoingorcompletedoperationsoftheContractor.Suchinsuranceshallapplytobodilyinjury,propertydamage
(includinglossofuseofdamagedpropertyorofpropertythathasbeenphysicallyinjured),
clean-upcosts,transitandnon-owneddisposalsites.Coverageshallextendtodefensecosts
andexpensesincurredintheinvestigation,civilfines,penaltiesanddamagesorsettlements.
There shallbe neitheran exclusionnor a sublimitformold or fungus-relatedclaims,The
minimumlimitsrequiredunderthisparagraphshallbeequaltothegreaterof(i)thelimits
setforthintheContractor’spollutionliabilitypolicyor(ii)$2,000,000peroccurrenceand
$2,000,000intheannualaggregate.Ifsuch coverageiswrittenon a claims-madebasis,the
Contractorwarrantsthatanyretroactivedateapplicabletocoveragesunderthepolicy
precedestheContractor’sperformanceofanyworkundertheContractandthatcontinuous
completed operationscoveragewillbe maintainedforatleastten(10)yearsor an extended
reportingperiodshallbepurchasedfornolessthanten(10)yearsaftercompletion.
TheContractoralsomustfurnishtotheCO -Ownercertificatesofinsuranceevidencingenvironmentalliabilityinsurancemaintainedbythirdpartytransportationanddisposalsiteoperators(s)usedbytheContractorforlossesarisingfromfacility(ies)accepting,storingordisposinghazardousmaterialsorotherwasteasaresultoftheContractor’soperations.Such
coveragesmustbemaintainedwithlimitsofatleasttheamountssetforthabove.
. Installation-Floater_Insurance- Forprojectsnotinvolvingstructuralalterations,thecontractorshallprovideaninstallationfloaterpolicywithalimitequaltothePropertyvaluesbeinginstalledaspartoftheproject.Thepolicyshallcoverpropertywhilelocatedattheprojectsite,attemporarylocations,orintransit;deductibleswillbethesoleresponsibility
ofthe contractor.
. ProfessionalLiabilityInsurance(Errors& Omissions)-TheContractorshallprovideProfessionalLiabilityInsurance(ErrorsandOmissions)tocoverliabilityresultingfromanyerrororomissionintheperformanceofprofessionalservicesunderthisContract.Thepolicyshallprovidelimitsof$1,000,000perclaimorperoccurrenceforeachwrongfulactand
$2,000,000annualaggregate.TheContractorwarrantsthatanyapplicableretroactivedateprecedesthedatetheContractorfirstperformedanyprofessionalservicesfortheGovernmentoftheDistrictofColumbiaandthatcontinuouscoveragewillbemaintainedoranextendedreportingperiodwillbeexercisedforaperiodofatleasttenyearsafterthecompletionoftheprofessionalservices.Limitsmaynotbesharedwithotherlinesof
coverage.
. Sexual/PhysicalAbuse& Molestation-TheContractorshallprovideevidencesatisfactorytotheContractingOfficerwithrespecttotheservicesperformedthatitcarries$1,000,000peroccurrencelimits;$2,000,000aggregateofaffirmativeabuseandmolestationliabilitycoverage.Coverageshouldincludephysicalabuse,suchassexualorotherbodilyharmand
non-physicalabuse,suchasverbal,emotionalormentalabuse;anyactual,threatenedorallegedact;errors,omissionormisconduct.Thisinsurancerequirementwillbeconsideredmetifthegeneralliabilityinsuranceincludesanaffirmativesexualabuseandmolestationendorsementfortherequiredamounts.Socalled“silent”coverageor“shared”limitsunderacommercialgeneralliabilityorprofessionalliabilitypolicywillnotbeacceptable.Limits
maynotbesharedwithotherlinesofcoverage.TheapplicablepolicymayneedtobesubmittedtotheOfficeofRiskManagement(ORM)forcompliancereview.
9.CommercialUmbrella_orExcessLiability- TheContractorshallprovideevidencesatisfactorytotheCO ofcommercialumbrellaorexcessliabilityinsurancewithminimumlimitsequaltothegreaterof(i)thelimitssetforthintheContractor’sumbrellaorexcess
liabilitypolicyorGi)$5,000,000peroccurrenceand$5,000,000intheannualaggregate,followingtheformandinexcessofallliabilitypolicies.Allliabilitycoveragesmustbescheduledundertheumbrellaand/orexcesspolicy.Theinsurancerequiredunderthisparagraphshallbewritteninaformthatannuallyreinstatesallrequiredlimits.Coverageshallbeprimarytoanyinsurance,self-insuranceorreinsurancemaintainedbytheDistrict
andthe“otherinsurance”provisionmustbeamendedinaccordancewiththisrequirementandprinciplesofverticalexhaustion.
. PRIMARY AND NONCONTRIBUTORY INSURANCE,
‘Theinsurancerequiredhereinshallbe primary toand willnot seek contributionfrom any other
insurance,reinsuranceorself-insuranceincludinganydeductibleorretention,maintainedby the
Government of theDistrictof Columbia.
.DURATION.TheContractorshallcarryallrequiredinsuranceuntilallcontractworkisacceptedbytheDistrictofColumbiaandshallcarrylistedcoveragesfortenyearsforconstructionprojectsfollowingfinalacceptanceoftheworkperformedunderthiscontractand
twoyearsfornon-constructionrelatedcontracts.
.LIABILITY.ThesearetherequiredminimuminsurancerequirementsestablishedbytheDistrictofColumbia,However,therequiredminimuminsurancerequirementsprovidedabovewillnotinanywaylimitthecontractor’sliabilityunderthiscontract.
. CONTRACTOR’SPROPERTY.Contractorandsubcontractorsaresolelyresponsibleforanylossordamagetotheirpersonalproperty,includingbutnotlimitedtotoolsandequipment,scaffoldingandtemporarystructures,rentedmachinery,orownedandleasedequipment.AwaiverofsubrogationshallapplyinfavoroftheDistrictofColumbia.
,MEASUREOFPAYMENT.TheDistrictshallnotmakeanyseparatemeasureorpaymentforthecostofinsuranceandbonds.TheContractorshallincludeallofthecostsofinsuranceand
bondsinthecontractprice.
.NOTIFICATION.TheContractorshallensurethatallpoliciesprovidethattheCO shallbegiventhirty(30)dayspriorwrittennoticeintheeventofcoverageand/orlimitchangesorifthepolicyiscanceledpriortotheexpirationdateshownonthecertificate.TheContractorshallprovidetheCO withten(10)dayspriorwrittennoticeintheeventofnon-paymentofpremium.TheContractorwillalsoprovidetheCO withanupdatedCertificateofInsuranceshouldits
insurancecoveragesrenewduringthecontract.
I CERTIFICATESOF INSURANCE.TheContractorshallsubmitcertificatesofinsurancegivingevidenceoftherequiredcoverageasspecifiedinthissectionpriortocommencingwork.Certificatesofinsurancemustreferencethecorrespondingcontractnumber.Evidenceofinsuranceshallbesubmittedto:
The Government of the Districtof Columbia
Andmailedtotheattentionof:
SuziTabot
DepartmentofGeneralServices
3924MinnesotaAvenueNE |5 Floor
Washington,DC 20019
(202)-666-9706
suzi.tabot

TheCOmayrequestandtheContractorshallpromptlydeliverupdatedcertificatesofinsurance,endorsementsindicatingtherequiredcoverages,and/orcertifiedcopiesoftheinsurancepolicies.IftheinsuranceinitiallyobtainedbytheContractorexpirespriortocompletionofthecontract,renewalcertificatesofinsuranceandadditionalinsuredandotherendorsementsshallbefurnishedtotheCO priortothedateofexpirationofallsuchinitialinsurance.Forallcoveragerequiredtobemaintainedaftercompletion,anadditionalcertificateofinsuranceevidencingsuch
coverageshallbesubmittedtotheCO onanannualbasisasthecoverageisrenewed(orreplaced).
DISCLOSUREOFINFORMATION.TheContractoragreesthattheDistrictmaydisclosethenameandcontactinformationofitsinsurerstoanythirdpartywhichpresentsaclaimagainsttheDistrictforanydamagesorclaimsresultingfromorarisingoutofworkperformedbythe
Contractor,itsagents,employees,servantsorsubcontractorsintheperformanceofthiscontract.
CARRIERRATINGS.AllContractor'sanditssubcontractors’insurancerequiredinconnectionwiththiscontractshallbewrittenbyinsurancecompanieswithanA.M.BestInsuranceGuideratingofatleastA-VII(ortheequivalentbyanyotherratingagency)andlicensedintheDistrict.
Article12 BONDS
Section12.1PerformanceBondandPaymentBond.
TheDesign-Buildershall,beforecommencingtheConstructionPhase,providetothe
Departmentapaymentbondandperformancebond,eachwithapenalsumequaltothefullvalueoftheGMP,Inadditiontothedeliveryoftheperformanceandpaymentbonds,theDesign-Buildermust
delivertotheContractingOfficeracopyoftheexecutedAgreementofIndemnityunderwhich
thebondswereissued.SuchbondshallremaininfullforceandeffectuntilFinalCompletionis
achievedandtheDepartmentshallbeabletodrawuponsuchbondregardlessoftheamountpaid
bytheDepartmenttotheDesign-Builder,evenifsuchamountexceedsthepenalvalueofsuchbond.
UnlessotherwisedirectedbytheDepartment,theDesign-BuildershallrequireallSubcontractorswhoseSubcontractpricesexceedOneHundredThousandDollars($100,000.00)toprovidepayment
andperformancebonds,withapenalsumequaltoonehundredpercent(100%)ofthesubcontractprice.
Further,theDesign-BuildermustdelivertotheContractingOfficercopiesofitsSubcontractor’sAgreementsofIndemnity.AllbondsmustbeinaformacceptabletotheDepartment,itslenders
orbondtrustee,andissuedbyasuretyauthorizedtodobusinessintheDistrictofColumbiaand
bondingcompanylistedontheUnitedStatesDepartmentofTreasury’sListingofApprovedSureties.
Allsubcontractors’bondsmustincludeadualobligeerider,namingtheDesign-Builderandthe
Departmentasdualobligees.IftheGuaranteedMaximumPriceisincreasedpursuanttotheterms
oftheAgreement,theDepartmentmayrequirethattheamountofthebondsbeincreasedintheamountofonehundredpercent(100%)oftheincrease,andtheDesign-Buildershallpromptly
comply.TheDesign-Buildershallfurnishacopyofitsbondstoanypotentialbeneficiaryofthe
bonds,orpermitthatpersonorcompanytomakea copy.Ifthebondsprovidedbecome
unacceptabletotheDepartment,theDesign-Buildershallpromptlyprovidesubstitutesecurity
acceptabletotheDepartment.IftheDesign-BuilderintendstoexerciseitsrightsasdualobligeunderanytradeSubcontractor’sbond,itshallfirstgivetheDepartmenttwenty(20)dayswrittennotice,so
thattheDepartmentmaylodgeanyobjectionitmayreasonablyhavetotheproposedaction.
Article13 ECONOMIC INCLUSION REQUIREMENTS
Section13.1LSDBE Utilization.
Section13.1.1IftheDesign-Builderisnotacertifiedbusinessentity
(CBE),theDesignBuildershallsubcontract35%oftheContractefforttosmallbusinessenterprises(SBEs).Forsubcontractedwork,passthrough
entitieswillnotcounttowardthisgoal.Inordertocounttowardthesubcontractingrequirement,theSBEmustperformatleastthirtyfive
percent(35%)oftheworkthatisbeingcountedtowardthegoalwithits
ownforces.TheLSDBEcertificationshallbe,ineachcase,asoftheeffectivedateoftheapplicablesubcontract.Supplyagreementswith
materialsuppliersshallbecountedtowardmeetingthisgoal.The
Design-Builderhasdevelopeda SubcontractingPlanthatisattachedheretoasExhibitD. TheDesign-Buildershallcomplywiththetermsof
theSBESubcontractingPlaninmakingpurchasesandadministeringits
subcontractsandsupplyagreements.
Section13.1.2MandatorySubcontracting Planand Requirements,
Section13.1.2.1UnlesstheDirectoroftheDepartmentofSmall
andLocalBusinessDevelopment(DSLBD)hasapproveda
waiverin writinginaccordancewithD.C.OfficialCode§2-218.51,forallcontractsinexcessof$250,000,forallcontractsin
excessof$250,000,atleast35%ofthedollarvolumeofthecontractshall
besubcontractedtoSBEs.
Section13.1.2.2IfthereareinsufficientSBEstocompletelyfulfilltherequirementof paragraph13.1.2.1,thenthe
subcontractingmaybesatisfiedbysubcontracting35% ofthe
dollarvolumetoanyqualifiedcertifiedbusinessenterprises
(CBEs);provided,however,thatallreasonableeffortsshallbemadetoensurethatSBEsaresignificantparticipantsinthe
overallsubcontractingwork.
Section13.1.2.3A primecontractorthatiscertifiedbyDSLBD
asasmall,localordisadvantagedbusinessenterpriseshallnot
berequiredtocomplywiththeprovisionsofsections13.1.2.1
and13.1.2.2.
Section13.1.2.4Exceptasprovidedin13,1.2.5and13.1.2.6,
a primecontractorthatisa CBE andhasbeengranteda
proposalpreferencepursuanttoD.C.OfficialCode§2218.43,or
isselectedthrougha set-asideprogram,shallperformatleast
35% ofthecontractingeffortwithitsownorganizationandresourcesand,ifitsubcontracts,35%ofthesubcontractingeffort
shallbewithCBEs.A CBEprimecontractorthatperformsless
than35% ofthecontractingeffortshallbe subjectto
enforcementactionsunder
a)
Q
G)
@
D.C. OfficialCode § 2-218.63.
Section13.1.2.5A primecontractorthatisa certifiedjoint
ventureandhasbeengrantedaproposalpreferencepursuantto
D.C.OfficialCode§2-218.43,orisselectedthroughaset-aside
program,shallperformatleast50%ofthecontractingeffortwith
itsownorganizationandresourcesand,ifitsubcontracts,35%of
thesubcontractingeffortshallbewithCBEs.A certifiedjoint
ventureprimecontractorthatperformslessthan50% ofthecontractingeffortshallbesubjecttoenforcementactionsunder
D.C.OfficialCode§2-218.63.
Section13.1.2.6Each CBE utilizedto meet these
subcontractingrequirementsshallperformatleast35%ofits
contractingeffortwithitsownorganizationandresources.
Section13.1.2.7A prime contractorthatisa CBE and has been
grantedaproposalpreferencepursuanttoD.C.OfficialCode§2-
218.43,orisselectedthroughaset-asideprogram,shallperform
at least50% of the on-sitework with itsown organizationand
resourcesif the contractis$1 millionor less.
Section13.1.2.8SubcontractingPlan
IftheDesign-Builderisrequiredbylawtosubcontractunder
thisContract,itmustsubmita SubcontractingPlanin
accordancewith
D.C.OfficialCode§2-218.46(4).TheSubcontractingPlanmay
onlybe amendedwiththepriorwrittenapprovalofthe
ContractingOfficer(CO)andDirectorofDSLBD.Anyreduction
inthedollarvolumeofthesubcontractedportionresultingfrom
anamendmentoftheSubcontractingPlanshallinuretothe
benefitoftheDistrict.TheSubcontractingPlanshallincludethe
following:
ThenameandaddressofeachSubcontractor;A currentcertificationnumberofthesmallorcertified
businessenterprise;ThescopeofworktobeperformedbyeachSubcontractor;and
ThepricethattheprimecontractorwillpayeachSubcontractor.
Section13.1.2.9CopiesofSubcontracts
Withintwenty-one(21)daysofthedateofaward,theDesign-
Buildershallprovidefullyexecutedcopiesofallsubcontracts
identifiedinthesubcontractingplantotheContractingOfficer
(CO),CityAdministrator(CA),DistrictofColumbiaAuditorand
theDirectorofDSLBD.
Section13.1.2.10SubcontractingPlan ComplianceReporting
Section13.1.2.10.1IftheDesign-Builderhasa
subcontractingplanrequiredby lawforthiscontract,theContractorshallsubmitaquarterly
reporttotheCO,CA,DistrictofColumbia
AuditorandtheDirectorofDSLBD. Thequarterlyreportshallincludethefollowing
informationforeachsubcontractidentifiedinthe
subcontractingplan:
(A).Thepricethattheprimecontractorwillpay
each Subcontractorunderthesubcontract;
(B)A descriptionofthegoodsprocuredorthe
servicessubcontractedfor;
(C)Theamountpaidbytheprimecontractorunder
thesubcontract;and
(D)Acopy ofthefullyexecutedsubcontract,ifitwas
notprovidedwithanearlierquarterlyreport.

Section13.1.2.10.2Ifthefullyexecutedsubcontractis
notprovidedwiththequarterlyreport,theprime
contractorwillnotreceivecredittowarditssubcontractingrequirementsforthatsubcontract.
Section13.1.2.11AnnualMeetings
Uponatleast30-dayswrittennoticeprovidedby DSLBD,
theDesign-BuildershallmeetannuallywiththeCO, CA,
Districtof ColumbiaAuditorandtheDirectorofDSLBD to
provideanupdateonitssubcontractingplan.
Section13.1.2.12DSLBDNotices
The Design-Buildershallprovidewrittennoticeto the DSLBD
and the Districtof Columbia Auditor upon commencement of
the contractand when thecontractiscompleted.
Section13.1.2.13Enforcement and PenaltiesforBreachof
SubcontractingPlan
Section13.1.2.13.1A contractorshallbedeemedto
havebreachedasubcontractingplanrequiredbylaw,
ifthecontractor(i)failstosubmitsubcontractingplanmonitoringorcompliancereportsorotherrequired
subcontractinginformationina reasonablytimely‘manner;(ii)submitsamonitoringorcompliancereport
or otherrequiredsubcontractinginformation
containingamateriallyfalsestatement;or(iii)failsto
‘meetitssubcontractingrequirements,
@
Gi)
Section13.1.2.13.2A contractorthatisfoundtohave
breacheditssubcontractingplanforutilizationofCBEs
intheperformanceofa contractshallbesubjecttothe
impositionofpenalties,includingmonetaryfinesin
accordancewithD.C.OfficialCode§2-218.63.
Section13.1.2.14IftheCO determinestheContractor’sfailure
tobe a materialbreachofthecontract,theCO shallhavecause
to terminatethecontractunder thedefaultprovisionsinArticle
8 of the StandardContractProvisions,Default.
Section 13.1.2.15 Neither the Design-Builder nor a
Subcontractor may remove a Subcontractor or tier-
Subcontractorif such Subcontractoror tier-Subcontractoris
certifiedasanLSDBE companyunlesstheDepartmentapproves
of suchremoval,inwriting.TheDepartmentmayconditionits
approvalupontheDesign-Builderdevelopingaplanthatis,in
theDepartment’ssoleandabsolutejudgment,adequateto
maintainthelevelofLSDBE participationontheProject.
Section13.2Equal Employment Opportunityand Hiringof DistrictResidents
Section13.2.1TheDesign-Buildershallcomplywithapplicablelaws,
regulationsandspecialrequirementsoftheContractDocumentsregardingequalemploymentopportunityandaffirmativeactionprograms,In
accordancewiththeDistrictofColumbiaAdministrativeIssuanceSystem,
Mayor'sOrder85-85datedJune10,1985,theformsforcompletionoftheEqualEmploymentOpportunityInformationReportareincorporated
hereinasExhibitE. A contractawardcannotbemadetoanycontractor
thathasnotsatisfiedtheequalemploymentrequirements.
Section13.2.2TheDesign-Buildershallensurethatatleastfifty-one
percent(51%)oftheDesign-Builder’steamandeverysubconsultant’sand
Subcontractor’semployeeshiredaftertheeffectivedateoftheAgreement,orafter such subconsultant or Subcontractor enters into a contract with the
Design-Builder,toworkontheProjectshallberesidentsoftheDistrictof
Columbia.Thispercentageshallbeappliedintheaggregate,andnottradeby trade.Inaddition,theDesign-Buildershallusecommercially
reasonablebesteffortstocomplywiththeworkforcepercentagegoals
establishedby therecentlyadoptedamendmentstotheFirstSourceEmploymentAgreementActof1984(D.C.Code§§2-219.01etseq.)
andanyimplementingregulations,including,butnotlimitedtothe
followingrequirements:
Atleast20%ofjourneyworkerhoursbytradeshallbeperformedbyDistrictresidents;
Atleast60%ofapprenticehoursbytradeshallbeperformedbyDistrictresidents;
(iii) At least51% ofthe skilledlaborerhoursby tradeshallbe performed by
Districtresidents;and
(iv) At least70% ofcommon laborerhoursshallbeperformedby Districtresidents.
Section13.2.3Thirtyfivepercent(35%)ofallapprenticehoursworkedontheProjectshallbeworkedbyDistrictresidents.
Section13.3EconomicInclusionReportingRequirements
Section13.3.1UponexecutionoftheAgreement,theDesign-Builderandall
itsmemberfirms,ifany,andeachofitsSubcontractorsshallsubmittothe
Departmentalistofcurrentemployeesandapprenticesthatwillbeassigned
totheAgreement,thedatetheywerehiredandwhetherornottheylivein
theDistrictofColumbia.
Section13.3.2TheDesign-Builderanditsconstituententitiesshallcomply
withsubchapterX ofChapterIITitle2,andsubchapterIIofChapter11of
Title1oftheD.C.Code,andallsuccessoractstheretoandtherulesand
regulationspromulgatedthereunder.TheDesignBuilderandallmember
firmsand
SubcontractorsshallexecuteaFirstSourceAgreementwiththeDistrictof
ColumbiaDepartmentofEmploymentServices(“DOES”)priorto
beginningWorkattheProjectsite.
Section13.3.3TheDesign-Buildershallmaintaindetailedrecordsrelating
tothegeneralhiringofDistrictofColumbiaandcommunityresidents.
Section13.3.4TheDesign-Buildershallberesponsiblefor:(i)including
theprovisionsofSection11.3inallsubcontracts;(ji)collectingthe
informationrequiredinSection11.3fromitsSubcontractors;and(iii)
providingtheinformationcollectedfromitsSubcontractorsinthereports
requiredtobesubmittedbytheDesign-BuilderpursuanttoSection13.3.
Section13.4CompliancewiththeApprenticeshipAct,
TheDesign-BuilderagreestocomplywiththerequirementsoftheApprenticeship
Actof1946,D.C.Code§§32-1401,etseg.,asamended.
Article14 LIQUIDATED DAMAGES
Section14.1RESERVED
Section14.2RESERVED
Section14.3Delay in SubstantialCompletion.
IftheDesign-BuilderfailstoachieveSubstantialCompletionoftheProjectbythe
SubstantialCompletionDate,thePartiesacknowledgeandagreethattheactualdamagetotheDepartmentforthedelaywillbeimpossibletodetermine,andinlieuthereof,theDesign-Builder
shallpaytotheDepartment,asfixed,agreedandliquidateddelaydamagesintheamountsetforth
intheProjectInformationSectionofthisAgreementperdayforeachcalendardayofdelay
forfailuretomeettheapplicableSubstantialCompletionDate.
‘TheDesign-BuilderandtheDepartmentagreethattheliquidateddamagessetforthin
thisArticledonotconstitute,andshallnotbedeemed,apenaltybutrepresentareasonable
approximationof thedamages to the Departmentassociatedwith a delayin the Project.
ThesedamagesshallnotapplyifthedelayistheresultofforcemajeureandtheDesign-Builder
otherwise complieswith the provisionssetforthin the StandardContractProvisions.In the
eventtheDesignBuilderfailstomeettheSubstantialCompletionDatefor more thansixtydays,
theDesign-Builderconsentstoa TerminationforDefault.
Section14.4EarlyCompletion.
IntheeventtheDesign-BuilderachievesSubstantialCompletionoftheProjectprior
totheSubstantialCompletionDate,theDesign-BuildershallmaintainthecompletedProject,
atitsownexpense,untilsuchtimethattheDepartmentagreestooccupyandusetheProjectforitsintendeduse.
Article15 MISCELLANEOUS PROVISIONS
Section15.1OwnershipandUseofDocuments.
‘TheDrawings,SpecificationsandotherdocumentspreparedbytheDesign-Builder
andcopiesthereoffurnishedtotheDesignBuilder,areforusesolelywithrespecttothisProject.
TheyarenottobeusedbytheDesignBuilder,Subcontractors,Sub-subcontractorsorsuppliers
on otherprojects,orforadditionstothisProjectoutsidethescopeoftheWork,withoutthe
specificwrittenconsentoftheDepartment,andtheDesign-Builder.ThereferencedDrawing,
SpecificationsandotherdocumentsshallbecomethepropertyoftheDepartment.
Section15.2Assignment.
TheDepartmentandDesign-Builderrespectivelybindthemselves,theirpartners,
members, jointventurers,constituententities,successors,assignsand legalrepresentativetothe
otherpartyheretoandtopartners,members,jointventurers,constituententities,successors,
assignsandlegalrepresentativesofsuchotherpartyinrespecttocovenants,agreementsand
obligationscontainedintheAgreement.NeitherpartytotheAgreementshallassignthe
AgreementoritsrightsandobligationsundertheAgreement,withoutwrittenconsentoftheother
party.Ifeitherpartyattemptstomakesuchanassignmentwithoutsuchconsent,thatpartyshall
neverthelessremainlegallyresponsibleforallobligationsundertheAgreement.

Section15.3 Buy American Act Provision.
The Design-Buildershallcomply withtheprovisionsof theBuy American Act (41
U.S.C.§ 10a),including,butnotlimitedto,thepurchaseofsteel.
Section15.3.1InaccordancewiththeBuyAmericanAct(41U.S.C.
§ 10a10d),andExecutiveOrder10582,December17,19543
CER,1954-58Comp.,p.230),asamendedbyExecutiveOrder11051,September27,1962(3CFR,1059—63Comp.,p.635),
theDesign-Builderagreesthatonlydomesticconstruction
materialwillbespecifiedintheperformanceoftheAgreement,exceptfornon-domesticmateriallistedintheAgreement.
Section15.3.2“Components”asusedinthisSection,means
thosearticles,materialsandsuppliesincorporateddirectlyinto
theendproducts.
Section15.3.3“Domesticendproduct”,asusedinthissection,means,(1)anunmanufacturedendproductminedorproducedin
theUnitedStates,or(2)anendproductmanufacturedintheUnited
States,ifthecostofitscomponentsmined,produced,ormanufacturedintheUnitedStates,exceeds50percentofthecost
ofallitscomponents.
Section15.3.4Componentsofforeignoriginofthesameclassor
kindastheproductsshallbetreatedasdomestic.Scrapgenerated,
collected,and preparedforprocessingin the UnitesStatesis
considereddomestic.
ii,

iv.
Section15.3.5“EndProducts”,asusedinthisSection,meansthose
articles,materials,andsuppliestobeacquiredforpublicuseunder
thisContract.
Section15.3.6TheDesign-Buildershallspecifyonlydomesticend
products,exceptthose:
ForuseoutsidetheUnitedStates;
That the Districtdeterminesare not mined, produced, or
manufacturedin the UnitesStatesin sufficientand
reasonablyavailablecommercialquantitiesofa satisfactory
quality;
For which the Districtdeterminesthatdomesticpreferencewould.
be inconsistentwiththepublicinterest;or
ForwhichtheDistrictdeterminesthecosttobe unreasonable.
Section 15.3.7Domestic Construction Material.“Construction
material”meansanyarticle,materialorsupplybroughttothe
constructionsitefor incorporationin the buildingor work. An
unmanufacturedconstructionmaterialisa “domesticconstruction
material”ifithas been mined or produced intheUnited States.A
manufactured constructionmaterialis a “domestic construction
material”ifithasbeen manufacturedintheUnitedStatesandif the
costof itscomponentswhich have been mined,produced,or
manufacturedin theUnited Statesexceeds 50 percentof the cost
ofallitscomponents.“Component”meansanyarticle,material,or
supplydirectlyincorporatedina constructionmaterial,
Section15.3.8DomesticComponent.A componentshallbe
consideredtohavebeen“mined,produced,ormanufacturedin
theUnitedStates”regardlessofitssource,infact,ifthearticle,materialorsupplyinwhichitisincorporatedwasmanufactured
intheUnitedStatesandthecomponentisofaclassorkind
determinedbytheGovernmenttobenotmined,producedormanufacturedintheUnitedStatesinsufficientandreasonably
availablecommercialquantitiesandofasatisfactoryquality.
Section15.3.9ForeignMaterial.Whensteelmaterialsareusedinaprojectaminimaluseofforeignsteelispermitted.Thecostofsuchmaterialscannotexceedon-tenthofonepercentofthetotalprojectcost,or$2,500,000,whicheverisgreater.
Section15.4Davis-Bacon Act Provision.
TheDesign-BuilderagreesthattheconstructionworkperformedunderthisAgreementshallbesubjecttotheDavis-BaconAct(40U.S.C.§§276a-276a-1).The
wageratesapplicabletothisProjectareattachedasExhibitG.TheDesign-Builder
furtheragreesthatitandallofitssubcontractorsshallcomplywiththeregulations
implementingtheDavis-BaconActandsuchregulationsareherebyincorporatedby
reference.
Section15.5TheQuickPaymentClause
Section15.5.1InterestPenalties to Contractors
Section15.5.1.1The Districtwillpay interestpenaltieson
amountsduetotheContractorundertheQuickPaymentAct,
D.C.OfficialCode§2-221.01etseq.,fortheperiod
beginningonthedayaftertherequiredpaymentdateand
endingonthedateonwhichpaymentoftheamountismade,Interestshallbecalculatedattherateof1% per
month,Nointerestpenaltyshallbepaidifpaymentforthe
completeddeliveryoftheitemofpropertyorserviceis
madeonorbefore:

a)the34 dayaftertherequiredpaymentdateformeatorameatproduct;
b)theSt”dayaftertherequiredpaymentdateforanagriculturalcommodity;or
©)the15"dayaftertherequiredpaymentdateforanyotheritem.
Section15.5.1.2Anyamountofan interestpenaltywhichremainsunpaidattheendofany30dayperiodshallbeaddedtotheprincipalamountofthedebtandthereafterinterestpenaltiesshallaccrueontheaddedamount.
Section15.5.2Paymentsto Subcontractors
Section15.5.2.1TheContractormusttakeoneofthefollowingactionswithinseven(7)daysofreceiptofanyamountpaidtotheContractorbytheDistrictforworkperformedbyanySubcontractorunderthiscontract:
a)PaytheSubcontractorfortheproportionateshareofthetotalpayment
receivedfromtheDistrictthatisattributabletotheSubcontractorforwork
performedunderthecontract;or
b) Notify the Districtand the Subcontractor,in writing,of the Contractor’s
intentiontowithholdallorpartoftheSubcontractor’spaymentandstate
thereasonforthenonpayment.
Section15.5.2.2TheContractormustpayanySubcontractor
or supplierinterestpenaltieson amountsduetothe
Subcontractoror supplierbeginningonthedayafterthe
paymentisdueandendingonthedateonwhichthepayment
ismade,Interestshallbecalculatedattherateof1%permonth,Nointerestpenaltyshallbepaidonthefollowingif
paymentforthecompleteddeliveryoftheitemofpropertyor
serviceismadeonorbefore:
a) the3° dayaftertherequiredpaymentdateformeatorameatproduct;
b) the5" dayaftertherequiredpaymentdateforanagriculturalcommodity;or
c) the154dayaftertherequiredpaymentdateforanyotheritem.
Section15.5.2.3Anyamountofaninterestpenaltywhich
remainsunpaidbytheContractorattheendofany30-dayperiodshallbeaddedtotheprincipalamountofthedebtto
theSubcontractorand thereafterinterestpenaltiesshall
accrueontheaddedamount.
Section1.5.2.4A disputebetweentheContractorandSubcontractor relating to the amounts or entitlement of a
Subcontractorto a payment or a latepayment interest
penaltyundertheQuickPaymentActdoesnotconstitutea
disputetowhichtheDistrictofColumbiaisaparty.TheDistrictofColumbiamaynotbeinterpleadedinanyjudicial
oradministrativeproceedinginvolvingsuchadispute.
Section15.5.3Subcontract flow-down requirements
Section 15.5.3.1The Contractor shall include in each
subcontractunderthiscontracta provisionrequiringthe
Subcontractorto includein itscontractwith any lower-
tierSubcontractoror supplier the payment and interest
clausesrequiredunderparagraphs(1)and(2)ofD.C.
OfficialCode§2-221.02(d).
Section15.5.4RequirementsforChangeOrderpayments
Section 15.5.4,.1The Department and the Contractor are
prohibitedfromrequiringaprimecontractororaSubcontractor
toundertakeanyworkthatisdeterminedtobebeyondtheoriginalscopeoftheprimecontractor'sora Subcontractor's
contractorsubcontract,includingworkunderaDistrict-issued
changeorder,whentheadditionalworkincreasesthecontractpricebeyondthenot-to-exceedpriceornegotiatedmaximum.
priceoftheunderlyingcontract,unlesstheContractingOfficer:
(® Agreeswiththeprimecontractorand,ifapplicable,theSubcontractoronaprice
fortheadditionalwork;
ObtainsacertificationfromtheChiefFinancialOfficerthattherearesufficient
fundstocompensatetheprimecontractorand,ifapplicable,theSubcontractorfor
theadditionalwork;

(ili)Hasmadeawritten,bindingcommitmentwiththeprimecontractortopayfor
theadditionalworkwithin30daysaftertheprimecontractorsubmitsaproperinvoice
fortheadditionalworktothecontractingofficer;and
(iv)GiveswrittennoticeofthefundingcertificationfromtheChiefFinancialOfficer
totheprimecontractor;
Section 15.5.4.2The Contractoris requiredto includein its
subcontractsaclausethatrequirestheprimecontractorto:
@ Within5businessdaysofreceiptofthenoticerequiredundersubparagraph(A)(iv)ofthisparagraph,providetheSubcontractorwithnoticeoftheapproved
amounttobepaidtotheSubcontractorbasedontheportionoftheadditionalworkto
becompletedbytheSubcontractor;
Gi) PaytheSubcontractoranyundisputedamounttowhichtheSubcontractoris
entitledforanyadditionalworkwithin10daysofreceiptofpaymentforthe
additionalworkfromtheDistrict;and
(iii)IftheprimecontractorwithholdspaymentfromaSubcontractor,notifythe
Subcontractorinwritingandstatethereasonwhypaymentisbeingwithheldand
provideacopyofthenoticetothecontractingofficer;and
Section15.5.4.3TheDepartment,Contractor,prime
contractor,oraSubcontractorareprohibitedfromdeclaring
anotherpartyto thecontracttobe indefaultorassessing,
claiming,orpursuingdamagesfordelaysinthecompletionof
theconstructionduetotheinabilityofthepartiestoagreeona
pricefortheadditionalwork.
Section15.6ContractWorkHoursAndSafetyStandardsActProvision.
TheDesign-Builderagreesthattheapplicableworkperformedunderthis
AgreementshallbesubjecttotheContractWorkHoursandSafetyStandardsAct(40U.S.C.
§§327-333).
Section15.7FalseClaimsAct.Design-Buildershallbegovernedbyalllawsandregulationsprohibitingfalse
or fraudulentstatementsandclaimsmadetoDC government,includingtheprescriptionssetforthin Districtof Columbia Code §22-2514 and §§2-381.01 et seq. In the event thatitis
discoveredthattheDesign-Builderhasmadeafalse,fraudulentorunsupportedstatementor
claimtotheDepartment,theDepartmentmayterminatethisAgreementwithoutliability.
Section15.8InterpretationofContractandOrderofPrecedence.AllofthedocumentscomprisingtheAgreementshouldbereadascomplementary,
sothatwhatiscalledforbyoneiscalledforbyall.Ambiguitiesshallbeconstruedinfavorof

a broaderscopeofWorkfortheDesign-Builder,astheintentoftheAgreementis,wi
specificidentifiedexceptions,torequiretheDesign-Buildertoassumeentireresponsibilityfor
constructionoftheProject.Ifthereisanyinconsistencyamong thedocumentscomprisingthe
‘Agreement,theorderofprecedenceamongthemisasfollows,withthefirstlisteddocument
havingthehighestpriority:
1.ThisAgreementanditsModifications,ChangeOrders,ChangeDirectivesandany
Exhibits.thereto;
2.TheDepartment’sStandardContractProvisions(ConstructionServices),asamended,andanymissingterminthisAgreementshallbeaddressedinaccordancewiththe
StandardContractProvisions;and
3.TheConstructionDocumentsreleasedorapprovedbytheDepartment.
Section15.9IndependentContractor.
IncarryingoutallitsobligationsundertheAgreement,theDesign-Buildershall
beactingasanindependentcontractor,andnotasanemployeeoragentoftheDepartment,orJointVentureorpartnerwiththeDepartment.TheDesign-Buildershallhaveexclusive
authoritytomanage,direct,andcontroltheWork,andshallberesponsibleforallconstructionmeans,methods,techniques,sequences,andprocedures,aswellasfortheProjectsafety.
Section15.10NoThird-PartyBeneficiaryRights.
NothinginthisAgreementshallbeconstruedascreatingthird-partybeneficiary
rightsinanypersonorentity,exceptasotherwiseexpresslyprovidedinthisAgreement.
Section15.11MediaReleases.
NeithertheDesign-Builder,itsemployees,agentsorSubcontractorsormaterial
suppliersshallmakeanypressreleaseorsimilarmediareleaserelatedtotheProjectunlesssuch
pressreleasehavebeendiscussedwiththeDepartmentpriortoitsissuance.
Section15.12Construction.
‘ThisAgreementshallbeconstruedfairlyastoallPartiesandnotinfavoroforagainst
anyparty,regardlessofwhichpartypreparedtheAgreement.
Section15.13Notices.
A\llnoticesorcommunicationsrequiredorpermittedundertheAgreementshallbein
writingandshallbehanddeliveredorsentbytelecopierorbyrecognizedovernightcarriertothe
intendedrecipientattheaddressstatedbelow,ortosuchotheraddressastherecipientmayhave
designatedinwriting.Anysuchnoticeorcommunicationshallbedeemeddeliveredasfollows:
ifhanddelivered,onthedaysodelivered,ifsentbytelecopier,onconfirmationofsuccessful
transmission,andifsentbyrecognizedovernightcarrier,thenextbusinessday.
IftotheDepartment: IftotheDesign-Builder:EricNjonjo FrankChiaramonte
‘ActingChiefProcurementOfficer President
DepartmentofGeneralServices ChiaramonteConstructionCompany
3924MinnesotaAvenueNE |Sth 2260MinnesotaAve,SE
FloorWashington,DC 20009 Washington,DC 20020
ThisSectionshallbereadasimposingminimumrequirementsfordistributionofrequired
contractualnotices,andnotasdisplacingdistributionrequirementswithrespecttodesign
documents,constructionsubmittals,periodicreports,andotherdocuments.
Section15.14Limitations.
TheDesign-Builderagreesthatanystatuteoflimitationsapplicabletoanyclaimor
suitbytheDepartmentarisingfromthisAgreementoritsbreachshallbecontrolledbyapplicable
DistrictofColumbialaw.
Section15.15Survival.‘Allagreementswarranties,andrepresentationsoftheDesign-Buildercontainedin
theAgreementorinanycertificateordocumentfurnishedpursuanttotheAgreementshallsurviveterminationorexpirationoftheAgreement.
Section15.16NoWaiver.IftheDepartmentwaivesanypower,right,orremedyarisingfromtheAgreementoranyapplicablelaw,thewaivershallnotbedeemedtobeawaiverofthepower,right,or
remedyonthelaterrecurrenceofanysimilarevents.Noact,delay,orcourseofconductbytheDepartmentshallbedeemedtoconstitutetheDepartment'swaiver,whichmaybeeffected
onlybyanexpresswrittenwaiversignedbytheDepartment.
Section15.17RemediesCumulative.UnlessspecificallyprovidedtothecontraryintheAgreement,allremediessetforth
intheAgreementarecumulativeandnotexclusiveofanyotherremedytheDepartmentmay
have,including,withoutlimitation,atlaworinequity.TheDepartment'srightsandremedies
willbeexercisedatitssolediscretion,andshallnotberegardedasconferringanyobligation
ontheDepartment'stoexercisethoserightsorremediesforthebenefitoftheDesign-Builderoranyotherpersonorentity.
Section15.18Headings/Captions.TheheadingsorcaptionsusedinthisAgreementoritstableofcontentsare
forconvenienceonlyandshallnotbeusedininterpretingtheAgreement.
Section15.19EntireAgreement;Modification.The Agreementsupersedesallcontemporaneousor priornegotiations,representations,courseofdealing,oragreements,eitherwrittenororal.NomodificationstotheAgreementshallbeeffectiveagainsttheDepartmentunlessmadeinwritingsignedbyboththeDepartmentandtheDesign-Builder,unlessotherwiseexpresslyprovidedtothecontraryintheAgreement.Notwithstandingtheforegoing,nothinghereinshallbeconstruedtolimittheDepariment’sabilitytounilaterallymodifytheAgreement.
Section15.20Severability.IntheeventanyoneormoreoftheprovisionscontainedinthisAgreementshallfor
anyreasonbeheldtobeinvalid,illegalorunenforceableinanyrespect,suchinvalidity,illegality
orunenforceabilityshallnotaffectanyotherprovisionofthisAgreement,andinlieuofeachsuchinvalid,illegalorunenforceableprovision,thereshallbeaddedautomaticallyasapartof
thisAgreementaprovisionassimilarintermstosuchinvalid,illegalorunenforceableprovision
‘asmaybepossibleandbevalid,legalandenforceable;eachpartofthisAgreementisintended
tobeseverable.
Section15.21Anti-DeficiencyAct.
TheDepartment'sobligationsandresponsibilitiesunderthetermsoftheAgreement
andtheContractDocumentsareandshallremainsubjecttotheprovisionsof(i)thefederalAnti-
DeficiencyAct,31U.S.C.§§1341,1342,1349,1350,1351,(ii)theD.C.Code47-105,(ii)the
DistrictofColumbiaAntiDeficiencyAct,D.C.Code§§47-355.01-355.08,astheforegoingstatutesmaybeamendedfromtimetotime,and(iv)Section446oftheDistrictofColumbia
HomeRuleAct.NeithertheAgreementnoranyoftheContractDocumentsshallconstitutean
indebtednessoftheDepartment,norshallitconstituteanobligationforwhichtheDepartmentis
obligatedtolevyorpledgeanyformoftaxation,orforwhichtheDepartmenthasleviedorpledged any form of taxation, IN ACCORDANCE WITH § 446 OF THE HOME RULE
ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS
AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE
AGREEMENT OR CONTRACT DOCUMENTS UNLESSSUCHAMOUNT HASBEEN
APPROVED,ISLAWFULLY AVAILABLEAND APPROPRIATEDBY ACT OF
CONGRESS.
Section15.22Time.Time,ifstatedinanumberofdays,willbecalendardaysandthusincludeSaturdays,
Sundays,andholidays,unlessotherwisestatedherein,
Section15.23ServiceContract Act Provision.
ExhibitQ. Reserved
Section15.24LivingWageAct.
InadditiontotherequirementssetforthintheFirstSourceEmploymentAgreement,
theDesign-BuildershallcomplywithallapplicableprovisionsoftheLivingWageActof2006,
ExhibitR, asamended(codifiedatD.C.OfficialCode§§2-20.01etseq.)anditsimplementingregulations.
Section15.25RESERVED
Section15.26CAMPAIGNFINANCEREFORM ACT
PriortotheexecutionofthisContract,theDesign-Buildershallcompleteandsubmittothe
Departmenta completedCampaignFinanceReformActSelf-CertificationForm,Ex!
pursuanttoD.C.OfficialCode§1-1161.01.

Article16 TERMINATION OR SUSPENSION
Section16.1AllterminationsorsuspensionsarisingoutoforunderthisAgreementshallbeinaccordancewiththetermsoftheStandardContractProvisions(ConstructionContracts
andArchitectural/EngineeringServicesContracts).
Section16.2 Failureto Agree Upon GMP.
TheDepartmentshallhavetherighttoterminatethisAgreementintheeventthatthe
DepartmentandtheDesign-BuilderareunabletoagreeuponaGMP fortheProjectandthe
Departmentshallhavetheright,butnottheobligation,toassumeanyoftheDesign-Builder’s
tradesubcontractsuponsuchtermsandconditionsasrequestedby theDepartment.The
Departments decisionto terminateunder thisSectionshallbe made inthe Departments sole
andabsolutejudgmentandshallnotbesubjecttoreviewbyanyreviewingbody,including,but
notlimitedto,arbitratorsappointedunderthisAgreement or any courtofcompetentjurisdiction.
Section16.3TerminationforDefault.
TheDepartmentmayterminatetheAgreementfordefaultiftheDesign-Builder
failstoperformanyofitsdutiesorobligationsundertheAgreement.Inparticular,butwithoutlimitation,theDepartmentmayterminatetheAgreementif:
L
3.
‘TheDesign-BuilderfailstoperformtheWorkdiligently,inaccordancewiththe
ProjectScheduleortomakesuchprogressintheWorkastheDepartment
reasonablybelievesisnecessarytocompletetheProjectwithinthetimerequired
bytheAgreement;or
The Design-BuilderfailstoperformtheWork ina good and workmanlike manner
or tocorrectdefectsin theWork promptly upon noticeby theDepartment;or
TheDepartmentreasonablydeterminesthattheDesign-Builderhasabandonedthe
Work,orhasfailedtopaylaborers,mechanics,materialmen,Subcontractorsor
supplierswhenpaymentisdue;ot
TheDesignBuilderbecomesinsolvent,makesanassignmentforthebenefitof
creditors,filesavoluntarypetitionunderanychapteroftheBankruptcyCodeor
hasaninvoluntarypetitionfiledagainstitunderanychapteroftheBankruptcy
Code,ortheDesignBuilderhasareceiverappointed,orfilesfordissolutionor
otherwiseisdissolved;or
‘TheDesign-Builderfailstopayitsdebtsinatimelymannerorbecomesinsolvent,
theDepartmentreasonablydeterminesthattheDesign-Builderdoesnothavethe
financialabilitytocarryoutitsobligationsundertheAgreementandtheDesign
BuilderfailstogivetheDepartmentpromptandreasonableassurancesofitsability
toperform.
Section16.3.1The Department shallprovidetheDesign-Builderwith
writtennoticeofits intenttoterminatetheAgreement,underthisSection
16.2,seven(7)calendardaysbeforeactuallyputtingtheterminationinto
effect.IftheDesign-Builderhasbegunitscorrectiveactionandhasmade
progresssatisfactorytotheDepartmentwithinthesevendays,the
DepartmentmaysonotifytheDesign-Builderandtheterminationwill
nottakeeffect.Otherwise,theterminationshalltakeeffectafterseven
days.withoutfurthernoticeoropportunitytocure.
Section16.3.2IftheDepartment terminatestheAgreement fordefault,
the Departmentwillhave therighttotakeovertheWork, toaccept
assignmentofsomeorallSubcontractsoragreementswithmaterial
suppliers,totakepossessionoftheProject,totakeandusealltools,
equipmentandsuppliesthenbeingusedinconnectionwiththeWork,andtofinishtheProjectby whatevermethoditdeemsexpedient,
includingacceptingassignmentofalloutstandingSubcontractsand
SupplyAgreements.
Section16.4Termination forConvenience.
‘TheDepartmentmay,uponseven(7)calendardayswrittennoticetotheDesign-
Builder,terminatetheContractinwhole or specifiedpart,foritsconvenience,forany reason
whether theDesign-Builderisinbreach of contractor not.The noticeof terminationshall
state the effectivedate of termination,the extentof the termination,and any specific
instructions.The terminationforconveniencethatarisesoutof or underthisAgreement
shallbe inaccordance with thetermsofthe StandardContractProvisions.
Section16.5ContinuedResponsibilityAfterTermination.
IftheDesign-Builderisterminated,fordefault,forConvenienceorotherwise,
the Design-Buildershallremain responsiblefordefectsor non-conformitiesin allWork
performed tothedateof the termination.
Article17 OTHER CONDITIONS AND SERVICES
ThisAgreementandtherightsandobligationsoftheDepartmentandDesign-Builder
hereinaresubjecttotheapprovaloftheCouncilfortheDistrictofColumbia.
Article18 CHANGES IN THE WORK
Section18.1ChangesAuthorized.InaccordancewiththeStandardContractProvisions(ConstructionContracts),theDepartmentmay,withoutinvalidatingtheAgreement,andwithoutnoticetoorapprovalofanysurety,orderchangesintheWork,includingadditions,deletionsormodifications,AnysuchchangemustbeconveyedbytheDepartmenttotheDesignBuilderviawrittenChangeDirectiveorChangeOrder.
Section18,2ExecutedChangeDirective/ChangeOrderRequired.
OnlyawrittenChangeDirectiveorChangeOrder,executedbytheDepartment,maymakechangestotheAgreement.Inparticular,butwithoutlimitation,awrittenChange
DirectiveorChangeOrderexecutedbytheDepartmentistheonlymeansbywhichchanges
maybemadetotheSubstantialorFinalCompletionDates,theDesign-BuildFee,orthe
GuaranteedMaximumPrice.
Section18.3Department-InitiatedChanges
1. IftheDepartment wishestomake a change in theWork or toacceleratetheWork,
itwillexecuteand issueto theDesign-Buildera writtenChange Directive,either
directingtheDesign-BuildertoproceedatoncewiththechangedWork ordirecting
ittonottoproceed,buttoinformtheDepartment,inwriting,oftheamount,ifany,
by which theDesign-BuilderbelievesthatSubstantialor FinalCompletion Dates
and/ortheGuaranteedMaximum PriceshouldbeadjustedtotaketheChangeOrder
orChangeDirectiveintoaccount.
2 Withinten(10)daysofreceivingaChangeDirective,theDesign-Buildershall
providetheDepartmentwithawrittenstatementofallchangesintheAgreement,
including,withoutlimitation,anychangestotheSubstantialorFinalCompletion
Dates ortheGuaranteedMaximum Pricetowhich itbelievesitisentitledasa result
oftheChangeDirective.Ifadditionaltimeissought,ascheduleanalysissupporting
therequestedextensionshouldbe included.The scheduleanalysisshouldinclude
a writtennarrativeexplanation.Ifa change in theGuaranteed Maximum Priceis
sought(oriftheDepartmenthasrequestedadeductchange),thestatementshould
includea breakdown, by lineitem,of theestimatedcostchangesattributabletothe
proposedchange.TheDepartmentmay request,andtheDesign-Buildershall
provide,furthercostbreakdowns, clarifications,documentationor back-up ifthe
Department reasonably believes such additionalinformation is needed to
understandandevaluatetherequest.Theadditionalinformationrequiredmay
includecostandpricingdatainaccordancewiththeDepartment’sregulations.Any
requestedadjustment to the Guaranteed Maximum Price shallbe limitedto
increasedCost of theWork due totheChange Directive.The Design-Builderisnot
entitledtoanymarkuponanykindofChangeOrdersexceptasauthorizedin
Section18.8,and ifso authorized,any mark-up shallbe inaccordancewith Section
18.11.
3. IftheDepartmenthasnotyetdirectedtheDesign-Buildertoproceedwiththe
changedescribedbyaChangeDirective,theDepartmentmayrescindit.Ifthe
Departmentwishestoproceed,orhasalreadydirectedtheDesign-Builderto
proceed,theDesign-BuildershallimmediatelyproceedwiththechangedWork
and,theDepartmentandtheDesign-Buildershallusetheirgoodfaithbestefforts
toreachanagreementuponthemodificationstotheSubstantialorFinal
CompletionDates,and/ortheGuaranteedMaximumPricethatarejustifiedbythe
ChangeDirective.IftheDepartmentandtheDesign-Builderreachagreement,the
agreementshallbesetforthinaChangeOrderandtheDesign-Buildershallalso
executeit,atwhichpointitwillbecomebindingonbothParties.
4. Ifthepartiesfailtoreachanagreementwithinsixty(60)daysafterthe
DepartmentreceivestheDesign-Builder’sdetailedstatementpursuantto
Section18.3.2,andsuchotherdocumentationastheDepartmentmayrequest,
theDesign-Buildermay assertaclaiminaccordancewiththeAgreement.In
suchacase,andsubjecttoadjustmentviatheclaimsanddisputesprocess,
theDepartmentshallunilaterallygranttheDesign-Buildersuchadjustments,
if any, to the Substantialor Final Completion Dates, the Guaranteed
Maximum Price,and/orthe Preconstructionor Design-BuildFee as the
Department hasjudged tobe appropriate.
Section18.4NoticeofChangeEvent.TheDesign-BuildermustgivetheDepartmentwrittennoticeofanyChangeEvent
withinten(10)calendardaysofthedateonwhichtheDesignBuilderknew,orreasonablyshouldhaveknown,oftheChangeEvent.Totheextentavailable,thenoticemuststatethenatureof
theChangeEventanddescribe,generally,allchangesintheAgreementtowhichtheDesign-
Builderbelievesitisentitled.Suchnoticeisanexpressconditionprecedenttoanyclaimor
requestforadjustmenttotheSubstantialorFinalCompletionDates,ortheGuaranteedMaximum,PricearisingfromtheChangeEventand,ifthenoticeisnotgivenwithintherequiredtime,the
Design-BuilderwillhavewaivedtherighttoanyadjustmenttotheSubstantialorFinal
CompletionDates,ortheGuaranteedMaximumPricearisingfromtheChangeEvent.
Section18.5DetailedChangeRequest.Withintwenty(20)daysaftergivingnoticeofaChangeEvent,theDesign-BuildershallsubmitawrittenChangeRequesttotheDepartmentdescribing,inreasonabledetail,alladjustmentsitseekstotheSubstantialorFinalCompletionDatesortheGuaranteedMaximumPriceasaresultoftheChangeEvent,TheChangeRequestshallincludethesameinformationasdescribedinSection18.3withrespecttoanyAgreementchangestheDesign-Builderseeksdueto.theChangeEvent,andtheamountofanyrequestedadjustmenttotheGuaranteedMaximumPriceshallbelimitedinaccordancewiththatSection18.3.
Section18.6ChangestoGMP.SubjecttotheconditionprecedentthattheDesignBuilderhavecompliedwiththe
noticeanddocumentationprovisionsofthisArticle,andsubjecttothelimitationsstatedinthis
Agreement,theDesign-BuilderisentitledtoanadjustmenttotheGuaranteedMaximumPriceinthefollowingcases:
1. IftheDepartmentissuesaChangeDirectiveorChangeOrderthatdirectstheDesignBuildertoproceedwithworkwhichisbeyondthescopeofWorkincluded within thisAgreement; or
2 The Design-Builder encounters Differing Site Conditions or Hazardous
MaterialsnotidentifiedinthePreconstructionPhase.
Section18.7DeductiveChangeOrders.
TheDepartmentreservestherighttoissuedeductiveChangeOrders(reducingtheGuaranteedMaximumPriceormodifyingtheSubstantialorFinalCompletionDatestoan
earlierdate)whenchangesareeffected,byChangeDirectiveorotherwise,whichwilldecrease
thecostofcompletingtheWorkorthetimewithinwhichitcanbecompleted.
Section18.8No Adjustments to Fee.
The Design-Builderunderstandsand agreesthattheDesign-BuildFee shallnot
be increasedordecreasedasaresultofanyChangeOrdersorChangeDirective.Infurtherance
of this understanding,theDesign-Builderagreesthatitshallnotbe entitledtoan increaseinthe
Maximum Cost of General Conditions,or the Design-Build Fee by virtueof changes
authorizedby theDepartmentunlesssuchchangesfalloutsidethegeneralscopeofwork
contemplatedbythisAgreement.Thetermgeneralscopeofworkshallmeanastate-of-the-artrecreationcenterfacilitythatis consistentwith the Department’sprogram of requirements
andincorporatessustainabledesigninitiatives.Withoutlimitingthegeneralityoftheforegoing,
itisunderstoodand agreedthat the Design-Buildershallnot be entitledto any additionalfees
orgeneralconditionsunless(i)theDepartmentmakesadditionstothescopeprovidedforin
thisAgreementthatcausetheGMP, eitherindividuallyor in theaggregate,to increaseby
‘morethantenpercent(10%);or (ii)theDepartmentmakes additionstothescopeprovided
forhereinwhich(otherthanforpunchlistor warrantywork)requiretheDesign-Builder’s
servicesfortheProjecttoextendbeyond30daysafterSubstantialCompletion.

Section18.9Executed Change Orders Final.
TheDesign-BuilderagreesthatanyChangeOrderexecutedbytheDepartment
andDesign-Builderconstitutesitsfullandfinaladjustmentforallcosts,delays,disruptions,
inefficiencies,accelerations,scheduleimpacts,orotherconsequencesarisingfromthechange
in question,whetheraChangeDirective,oraChangeEvent,orfromanyclaimedcumulative
effectof changesmade tothedateof theChange Order,and thatno furtheradjustmentsin
compensationortimeshallbesoughtormadewithrespecttotheChangeDirectiveorthe
ChangeEventgivingrisetotheChangeOrder.AlthoughthePartiesanticipatethatmostChange
Orderswillnot requirean adjustmenttotheCost of GeneralConditions,if the Work described
ina Change Order requiresan increaseor decreaseintheMaximum Costof GeneralConditions
(i.e.becausesucha Change requiresadditionalfieldstaffor otherequipmentthatwould be
classifiedas General Conditions Costs),the Change Order shallcontainan increaseto the
Design-BuildFeeadjustingsuchamount.ThecostofprocessingaChangeOrdershallnotbe
consideredaneventthatwill requirean increase_intheMaximum Costof GeneralConditions.
Section18.10FailuretoAgree.
IftheDesign-BuilderclaimsentitlementtoachangeintheAgreement,andthe
Departmentdoesnotagreethatanyactionoreventhasoccurredtojustifyanychangeintimeorcompensation,orifthePartiesfailtoagreeupontheappropriateamountoftheadjustmentin
timeorcompensation,theDepartmentwillunilaterallymakesuchchanges,ifany,tothe
Agreement,asitdeterminesareappropriatepursuanttotheAgreement.TheDesignBuildershall
proceedwiththeWorkandtheDepartment'sdirectives,withoutinterruptionordelay,andshall
makeaclaimasprovidedinArticle18herein.Failuretoproceedduetoadisputeovera
changerequestshallconstituteamaterialbreachoftheContractandentitletheDepartmentto
allavailableremediesfor such breach,including,withoutlimitation,terminationfordefault.
Article19 CLAIMS & DISPUTE RESOLUTION
AllclaimsordisputesarisingoutofthisAgreementshallbegovernedbythetermsoftheStandard
ContractProvisions(ConstructionContractsandArchitecturalandEngineeringServices).
Article20- EXHIBITS
ExhibitA TheListofDrawingsandDesignDocuments
ExhibitB_ ProjectScheduleExhibitC DeliverableListExhibit D — SBE Subcontracting Plan
ExhibitE EEOPolicyFormExhibitF — KeyPersonnel
ExhibitG DavisBaconActWageDeterminationandTitle29CFR
ExhibitH_ Design-Builder’sDesignatedRepresentativeExhibitI— Department’sDesignatedRepresentatives
Exhibit J1 Standard Contract Provisions(ConstructionContract)
ExhibitJ2 StandardContractProvisions(Architectural& EngineeringServices)ExhibitK FormofLeinWaiverExhibitL_ =©GMP Summary
ExhibitM_ ReservedExhibitN FF&EandClose-OutDeliverablesExhibit O — SubcontractorPerformance Evaluation Form
ExhibitP_ ReservedExhibitQ ReservedExhibit R — 2025 Living Wage Act
ExhibitS ListofIneligibleItemsExhibitT ContractorSelf-CertificationFormExhibit U Listof Unit Pricesand Allowances
ExhibitV__ListofAssumptionsandClarifications

IN WITNESS WHEREOF, the Partieshave executedthisAgreement (DCAM-22-CS-RFP-
0005) throughtheirduly authorizedrepresentativesas of thelastdatewrittenbelow.
DEPARTMENT OF GENERAL CHIARAMONTE
SERVICES, an agency withintheexecutive CONSTRUCTION COMPANY
branch of theGovernment of theDistrictof Columbia
By: By:_ Ae, [hte
Name: ‘Name: _FrankChiaramonte
Title: Its:

Date: Date:_ February11,2025

EXHIBIT A
LIST OF DRAWINGS AND DESIGN DOCUMENTS
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
Design Documents
P
lease see the links below:
K
ALORAMA_ADA UPGRADES 01-PERMIT SUBMISSION-2023 1208.pdf
MITCHELL_ADA UPGRADES 01-PERMIT SUBMISSION-2023 1208.pdf
ROSE PARK_2023 1220-PERMIT SUBMISSION.pdf
BANNEKER_ADA UPGRADES 01-PERMIT SUBMISSION-2023 1120 1.pdf

ADA #1 Banneker Stamped Approved Set - Current Drawings
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Architectural
A101A LOWER LEVEL FLOOR PLAN - SOUTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A101B LOWER LEVEL FLOOR PLAN - NORTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A102 UPPER LEVEL FLOOR PLAN & RCP - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A401 ENLARGED TOILET PLANS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A601 DOOR & FRAME TYPES, SCHEDULE - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A611 FINISH SCHEDULE - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
A621 SIGNAGE TYPES AND SCHEDULE - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
AD101 LOWER LEVEL DEMOLITION PLANS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
AD102 UPPER LEVEL DEMOLITION PLANS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
Civil Banneker
CIV001 COVER SHEET & GENERAL NOTES 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV100 EXISTING CONDITIONS PLAN 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV200 SITE DEMOLITION & E&S PLAN 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV210 Erosion & Sediment Control Details - Banneker 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV220 Erosion & Sediment Control Notes - Banneker 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV300 Site Development & Grading Plan - Banneker 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
CIV310 Site Details - Banneker 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
Electrical
E001 ELECTRICAL COVER SHEET - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
E002 ELECTRICAL SPECIFICATIONS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
E101 ELECTRICAL LOWER LEVEL DEMOLITION PLAN - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:43 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 1 of 2
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Approved Set (09/16/24)
E102 ELECTRICAL UPPER LEVEL DEMOLITION PLAN - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
E201 ELECTRICAL POWER LOWER LEVEL NEW WORK PLAN - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
E202 ELECTRICAL POWER UPPER LEVEL NEW WORK PLAN - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
E701 ELECTRICAL PARTIAL RISER DIAGRAM AND SCHEDULES - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
General
001 COVER SHEET 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
002 CODE SHEET AND WORK AREA PLANS 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
G001 ABBREVIATIONS AND GENERAL NOTES 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
G101 LIFE SAFETY PLANS 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
Mechanical
MP001 MP COVER SHEET - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP002 MP SPECIFICATIONS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP101A MP LOWER LEVEL DEMOLITION - SOUTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP101B MP LOWER LEVEL DEMOLITION - NORTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP102 MP FIRST FLOOR DEMOLITION - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP201A MP LOWER LEVEL FLOOR PLAN - SOUTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP201B MP LOWER LEVEL FLOOR PLAN - NORTH - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP202 MP FIRST FLOOR PLAN - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP601 MP DETAILS - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
MP701 MP SCHEDULES - BANNEKER 0 11/20/2023 09/16/2024 ADA #1 Banneker Stamped
Approved Set (09/16/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:43 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 2 of 2
ADA #1 Kalorama Stamped Approved Set - Current Drawings
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Architectural
A101 FLOOR PLAN & RCP - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
A401 ENLARGED TOILET PLANS AND FINISH SCHEDULES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
A601 DOOR & FRAME TYPES, SCHEDULE & FINISH SCHEDULE - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
A621 SIGNAGE TYPES AND SCHEDULE - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
AD101 DEMOLITION PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
Civil
CIV001 COVER SHEET & GENERAL NOTES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV100 EXISTING CONDITIONS PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV200 SITE DEMOLITION & E&S PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV210 EROSION & SEDIMENT CONTROL DETAILS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV220 EROSION AND SEDIMENT CONTROL NOTES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV300 SITE DEVELOPMENT & GRADING PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
CIV310 SITE DETAILS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
Electrical
E001 ELECTRICAL COVER SHEET - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
E002 ELECTRICAL SPECIFICATIONS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
E101 ELECTRICAL DEMOLITION PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
E201 ELECTRICAL NEW WORK PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
General
001 COVER SHEET - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
002 CODE SHEET AND WORK AREA PLANS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:45 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 1 of 2
Drawing No. Drawing Title Revision Drawing Date Received Date Set
G001 ABBREVIATIONS AND GENERAL NOTES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
G002 WALL TYPES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
G101 LIFE SAFETY PLANS -KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
Mechanical
MP001 MP COVER SHEET - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP002 MP SPECIFICATIONS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP003 MP SPECIFICATIONS CONTINUED - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP101 MP FIRST FLOOR DEMOLITION - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP201 MP FIRST FLOOR PLAN - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP601 MP DETAILS - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
MP701 MP SCHEDULES - KALORAMA 0 12/08/2023 09/27/2024 ADA #1 KALORAMA STAMPED
APPROVED SET (09/27/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:45 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 2 of 2
ADA #1 Mitchell Park Stamped Approved Set - Current Drawings
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Architectural
A101 FLOOR PLAN & RCP - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
A401 ENLARGED TOILET PLANS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
A601 DOOR & FRAME TYPES, SCHEDULE & FINISH SCHEDULE - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
A621 SIGNAGE TYPES AND SCHEDULE - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
AD101 DEMOLITION PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
Civil
CIV001 COVERSHEET & GENERAL NOTES - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV100 EXISTING CONDITIONS PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV200 SITE DEMOLITION PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV300 EROSION & SEDIMENT CONTROL PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV310 EROSION & SEDIMENT CONTROL DETAILS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV320 EROSION & SEDIMENT CONTROL NOTES - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV400 SITE DEVELOPMENT PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
CIV410 SITE DETAILS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
Electrical
E001 ELECTRICAL COVER SHEET - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
E002 ELECTRICAL SPECIFICATIONS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
E101 ELECTRICAL DEMOLITION PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
E201 ELECTRICAL NEW WORKPLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
General
002 CODE SHEET AND WORK AREA PLANS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:44 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 1 of 2
Drawing No. Drawing Title Revision Drawing Date Received Date Set
G001 ABBREVIATIONS AND GENERAL NOTES - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
G002 WALL TYPES - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
G101 LIFE SAFETY PLANS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
Mechanical
MP001 MP COVER COVER SHEET - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
MP002 MP SPECIFICATIONS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
MP101 MP FIRST FLOOR DEMOLITION - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
MP201 MP FIRST FLOOR PLAN - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
MP601 MP DETAILS - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
MP701 MP SCHEDULES - MITCHELL 0 12/08/2023 09/16/2024 ADA #1 MITCHELL PARK STAMPED
APPROVED SET (09/16/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:44 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 2 of 2
ADA #1 Rose Park Stamped Approved Set - Current Drawings
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Architectural
A101 FLOOR PLAN & RCP - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
A401 ENLARGED TOILET PLANS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
A601 DOOR & FRAME TYPES, SCHEDULE & FINISH SCHEDULE - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
A621 SIGNAGE TYPES AND SCHEDULE - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
AD101 DEMOLITION PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
Civil
CIV001 COVER SHEET & GENERAL NOTES - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV100 EXISTING CONDITIONS PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV200 SITE DEMOLITION- E&S PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV210 SEDIMENT CONTROL DETAILS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV220 SEDIMENT CONTROL NOTES - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV300 SITE DEVELOPMENT PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
CIV310 SITE DETAILS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
Electrical
E001 ELECTRICAL COVER SHEET - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
E002 ELECTRICAL SPECIFICATIONS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
E101 ELECTRICAL DEMOLITION PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
E201 ELECTRICAL NEW WORKPLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
E701 ELECTRICAL RISER AND SCHEDULES - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
General
001 COVER SHEET ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:41 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 1 of 2
Drawing No. Drawing Title Revision Drawing Date Received Date Set
002 CODE SHEET AND WORK AREA PLANS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
G001 ABBREVIATIONS AND GENERAL NOTES - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
G101 LIFE SAFETY PLANS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
Mechanical
MP001 MP COVER COVER SHEET - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
MP002 MP SPECIFICATIONS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
MP101 MP FIRST FLOOR DEMOLITION - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
MP201 MP FIRST FLOOR PLAN - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
MP601 MP DETAILS - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
MP701 MP SCHEDULES - ROSE 0 12/20/2023 09/16/2024 ADA #1 Rose Stamped Approved Set
(09/16/24)
Chiaramonte Construction Company
Printed on Fri Dec 6, 2024 at 02:41 pm EST
Job #: DG-22-A005 ADA Upgrade PKG1 4 DPR Facilities
1250 U Street, NW, 2nd Floor
Washington, District of Columbia 20009
2027270027
Page 2 of 2

EXHIBIT B
PROJECT FINAL SCHEDULE
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
ID Chiaramonte Construction Company Duration Start Finish
1 ADA Package #1 Schedule for Kalorama, Mitchell Park and Rose Park 1/17/25 251 days Thu 10/10/24 Fri 9/26/25
2
3 Pre-Construction Activities - Kalorama, Mitchell Park, Rose Park Recreation Centers 351 days Tue 10/10/23 Mon 2/17/25
4 Original GMP submission to DGS (GMP not approved due to funding issue) 1 day Tue 10/10/23 Tue 10/10/23
5 GMP for Kalorama, Mitchell Park, Rose Park approved by DGS 1 day Thu 10/10/24 Thu 10/10/24
6 Receive Signed MOD and PO - Rose Park, Mitchell, Kalorama 1 day Fri 11/8/24 Fri 11/8/24
7 Receive NTP for Rose Park, Mitchell, Kalorama 1 day Fri 11/8/24 Fri 11/8/24
8 DOEE Pre-Construction Inspection Kalorama, Mitchell Park, Rose Park 3 days Mon 11/11/24 Wed 11/13/24
9 Urban Forestry pre-construction meeting Rose Park, Mitchell, Kalorama 1 day Mon 10/28/24 Mon 10/28/24
10 Construction Meetings with DGS at Kalorama, Mitchell Park, Rose Park 1 day Mon 2/17/25 Mon 2/17/25
11
12 Construction Activities - Kalorama, Mitchell Park, Rose Park Recreation Centers 129 days Wed 2/19/25 Mon 8/18/25
13
14 ROSE PARK RECREATION CENTER - MOBILIZATION: 2 days Wed 2/19/25 Thu 2/20/25
15 Project Mobilization - Install E&S and temp fence/tree protection fencing 1 day Wed 2/19/25 Wed 2/19/25
16 Complete Staking of ramp work 2 days Wed 2/19/25 Thu 2/20/25
17 ROSE PARK RECREATION CENTER - EXTERIOR WORK: 46 days? Wed 2/19/25 Wed 4/23/25
18 DEMO ACTIVITIES: 10 days Wed 2/19/25 Tue 3/4/25
19 Demo exisitng pavers at walkway to entrance of building. Salvage for re-use 5 days Thu 2/20/25 Wed 2/26/25
20 Demo area of ramp and railings per drawings 5 days Mon 2/24/25 Fri 2/28/25
21
22 CONCRETE ACTIVITIES: 7 days Mon 3/3/25 Tue 3/11/25
23 Reconstruct demo'ed ramp to meet proper slopes and grades to include landings per drawings 7 days Mon 3/3/25 Tue 3/11/25
24 Confirm concrete are at front door meets proper slope 1 day Wed 2/19/25 Wed 2/19/25
25
26 MASONRY ACTIVITIES: 22 days Wed 2/26/25 Thu 3/27/25
27 Regrade/prep area and reset bricks to meet slopes and grade per drawings. 17 days Wed 2/26/25 Thu 3/20/25
28 Adjust edge of paver walkway to be flush with concrete 5 days Fri 3/21/25 Thu 3/27/25
29
30 MISC. METALS ACTIVITIES: 12 days Wed 3/12/25 Thu 3/27/25
31 Add new guardrails and handrails per drawings 12 days Wed 3/12/25 Thu 3/27/25
32
33 SIGNS ACTIVITIES: 1 day Mon 3/24/25 Mon 3/24/25
34 Add ADA interpretive sign at front entrance 2 days Mon 3/24/25 Tue 3/25/25
35
36
37 ROSE PARK RECREATION CENTER - INTERIOR WORK: 20 days? Wed 2/26/25 Tue 3/25/25
38
39 RESTROOM #105 (REAR RESTROOM) ACTIVITIES: 14 days Wed 2/26/25 Mon 3/17/25
40 Demolition - Remove interior door 1 day Wed 2/26/25 Wed 2/26/25
41 Electrical - run electrical for ADA operator 7 days Wed 2/26/25 Thu 3/6/25
42 Add ADA operator to exterior restroom door with panic bar hardware and lever 7 days Wed 3/5/25 Thu 3/13/25
43 Replace interior restroom door 1 day Tue 3/25/25 Tue 3/25/25
44 Replace light fixture (if funding allows) 2 days Wed 3/12/25 Thu 3/13/25
45 Replace threshold 1 day Wed 3/12/25 Wed 3/12/25
46
47 RESTROOM #106 (FRONT RESTROOM) ACTIVITIES: 17 days Wed 2/26/25 Thu 3/20/25
48 Demolition - Confirm if toilet needs to be replaced. If so, demo toilet. 1 day Wed 2/26/25 Wed 2/26/25
49 Electrical - run electrical for ADA operator 7 days Wed 2/26/25 Thu 3/6/25
50 Add ADA operator to restroom door with appropriate locking/unlocking mechanisms per precon meeting 7 days Wed 3/5/25 Thu 3/13/25
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026

ID Chiaramonte Construction Company Duration Start Finish
51 Replace interior restroom door 1 day Wed 3/12/25 Wed 3/12/25
52 Replace light fixture 7 days Wed 3/12/25 Thu 3/20/25
53 Repair bathroom drain (if funding allows) 2 days Wed 3/12/25 Thu 3/13/25
54
55 MULTI-PURPOSE ROOM/CORRIDOR ACTIVITIES: 18 days Wed 2/26/25 Fri 3/21/25
56 Demolition - Drinking Fountain 3 days Wed 3/26/25 Fri 3/28/25
57 Modify plumbing to accommodate new drinking fountain 3 days Wed 3/5/25 Fri 3/7/25
58 Replace drinking fountain with ADA compliant drinking fountain 3 days Wed 3/5/25 Fri 3/7/25
59 Run electrical for ADA operators 7 days Wed 2/26/25 Thu 3/6/25
60 Add ADA operator at front entrance (may need new header) 7 days Wed 3/5/25 Thu 3/13/25
61 Exterior door #104 - change to open other direction 1 day Mon 3/10/25 Mon 3/10/25
62 Repair any drywall that was damaged during construction/ Paint as needed 9 days Tue 3/11/25 Fri 3/21/25
63
64 MITCHELL PARK RECREATION CENTER - MOBILIZATION: 2 days Mon 3/10/25 Tue 3/11/25
65 Project Mobilization 2 days Mon 3/10/25 Tue 3/11/25
66 Install E&S and temp fence/tree protection fencing 1 day Mon 3/10/25 Mon 3/10/25
67
68 MITCHELL PARK RECREATION CENTER - EXTERIOR WORK: 30 days Mon 3/10/25 Fri 4/18/25
69 DEMO ACTIVITIES: 15 days Mon 3/10/25 Fri 3/28/25
70 Demo side entrance door and frame 3 days Mon 3/10/25 Wed 3/12/25
71 Demo landing and railings at side entrance per plans 5 days Wed 3/12/25 Tue 3/18/25
72 Demo portion of existing wall at side entrance per plans 4 days Mon 3/17/25 Thu 3/20/25
73 Demo portion of ramp to Bancroft Pl 8 days Mon 3/17/25 Wed 3/26/25
74 Demo two bollards at Bancroft Pl 4 days Wed 3/19/25 Mon 3/24/25
75 Demo portion of existing wall at side entrance per plans 8 days Wed 3/19/25 Fri 3/28/25
76 Remove trash receptacle at Bancroft Pl (salvage for relocation) 1 day Wed 3/19/25 Wed 3/19/25
77
78 CONCRETE ACTIVITIES: 19 days Mon 3/10/25 Thu 4/3/25
79 Reconstruct side ramp landing 10 days Mon 3/17/25 Fri 3/28/25
80 Rework ramp to Bancroft (correcting slop and adding two new landings) 14 days Mon 3/17/25 Thu 4/3/25
81 Add new curb and gutter on portion of curb at Bancroft Pl 5 days Mon 3/17/25 Fri 3/21/25
82 New ramp between new ADA parking spaces 4 days Mon 3/24/25 Thu 3/27/25
83
84 MISC. METALS ACTIVITIES: 6 days Tue 4/1/25 Tue 4/8/25
85 Add new grab rails and handrails per drawings at side ramp 6 days Tue 4/1/25 Tue 4/8/25
86 Add new grab rails and handrails at side ramp 6 days Tue 4/1/25 Tue 4/8/25
87
88 PARKING ACTIVITIES: 6 days Mon 3/24/25 Mon 3/31/25
89 New ADA parking spaces with striping Add new grab rails and handrails per drawings at side ramp 6 days Mon 3/24/25 Mon 3/31/25
90
91 LANDSCAPE ACTIVITIES: 6 days Tue 4/1/25 Tue 4/8/25
92 Add new planter areas with grass see and straw 6 days Tue 4/1/25 Tue 4/8/25
93
94 SIGNS ACTIVITIES: 1 day Tue 4/1/25 Tue 4/1/25
95 Install new ADA signs with posts at each new ADA parking space 1 day Tue 4/1/25 Tue 4/1/25
96
97 MITCHELL PARK RECREATION CENTER - INTERIOR WORK: 69 days? Wed 3/5/25 Mon 6/9/25
98
99 RESTROOM #103 ACTIVITIES:
100 Demolition per plans 0 days Wed 3/5/25 Wed 3/5/25 3/5
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026

ID Chiaramonte Construction Company Duration Start Finish
101 Frame new walls per plans 1 day? Wed 3/5/25 Wed 3/5/25
102 Perform Electrical work per plans 1 day? Wed 3/5/25 Wed 3/5/25
103 Perform plumbing/mechanical work per plans (salvage electric heater for reuse) 16 days Wed 3/5/25 Wed 3/26/25
104 InstalI new tile (wall and floor) 16 days Wed 3/5/25 Wed 3/26/25
105 Install new fixtures 16 days Wed 3/5/25 Wed 3/26/25
106 Install and finish new drywall 16 days Wed 3/5/25 Wed 3/26/25
107 Install lighting 16 days Wed 3/5/25 Wed 3/26/25
108 Install new accessories and threshold 16 days Wed 3/5/25 Wed 3/26/25
109 Install new restroom frame, door and hardware (3'x7' door) 16 days Wed 3/5/25 Wed 3/26/25
110 Install new restroom sign 16 days Wed 3/5/25 Wed 3/26/25
111
112 RESTROOM #104 ACTIVITIES: Wed 10/30/24
113 Demolition per plans 16 days Wed 10/30/24 Wed 11/20/24
114 Frame new walls per plans 1 day? Wed 10/30/24 Wed 10/30/24
115 Perform Electrical work per plans 1 day? Wed 10/30/24 Wed 10/30/24
116 Perform plumbing/mechanical work per plans (salvage electric heater for reuse) 16 days Wed 10/30/24 Wed 11/20/24
117 InstalI new tile (wall and floor) 16 days Wed 10/30/24 Wed 11/20/24
118 Install new fixtures 16 days Wed 10/30/24 Wed 11/20/24
119 Install and finish new drywall 16 days Wed 10/30/24 Wed 11/20/24
120 Install lighting 16 days Wed 10/30/24 Wed 11/20/24
121 Install new accessories and threshold 16 days Wed 10/30/24 Wed 11/20/24
122 Install new restroom frame, door and hardware (3'x7' door) 16 days Wed 10/30/24 Wed 11/20/24
123 Install new restroom sign 16 days Wed 10/30/24 Wed 11/20/24
124
125 COMMON AREA AND HALLWAY ACTIVITIES: Wed 10/30/24
126 Demolition per plans 16 days Wed 10/30/24 Wed 11/20/24
127 Furnish and Install new ADA compliant drinking fountain in new location 1 day? Wed 10/30/24 Wed 10/30/24
128 Relocate two existing water heaters into the attic 1 day? Wed 10/30/24 Wed 10/30/24
129 Perform plumbing/mechanical work per plans 16 days Wed 10/30/24 Wed 11/20/24
130 Perform electrical work per plans (wire for ADA operator at side entrance, water heaters in attic,
lighting, fire alarm work, drinking fountain
16 days Wed 10/30/24 Wed 11/20/24
131 Framing and drywall and paint work 16 days Wed 10/30/24 Wed 11/20/24
132 Install new exterior door at ADA side entrance frame, door and hardware (3'x7' door) 16 days Wed 10/30/24 Wed 11/20/24
133 Install new ADA operator at side entrance 16 days Wed 10/30/24 Wed 11/20/24
134 Install new ADA operator at side entrance 16 days Wed 10/30/24 Wed 11/20/24
135 Install exit sign at ADA side entrance 16 days Wed 10/30/24 Wed 11/20/24
136
137 KALORAMA RECREATION CENTER - MOBILIZATION: 2 days Mon 4/7/25 Tue 4/8/25
138 Project Mobilization 2 days Mon 4/7/25 Tue 4/8/25
139 Install temp fence/tree protection fencing 1 day Mon 4/7/25 Mon 4/7/25
140
141 KALORAMA RECREATION CENTER - EXTERIOR WORK: 35 days? Mon 4/7/25 Fri 5/23/25
142 DEMO ACTIVITIES: 13 days? Tue 11/19/24 Thu 12/5/24
143 Demo front metal gates 3 days Tue 11/19/24 Thu 11/21/24
144 Demo concrete stairs at side door 1 day Tue 11/19/24 Tue 11/19/24
145 Demo rails at front ramps 1 day Tue 11/19/24 Tue 11/19/24
146
147 CONCRETE ACTIVITIES: 29 days? Mon 10/7/24 Thu 11/14/24
148 New ramp at side entrance 20 days Mon 10/7/24 Fri 11/1/24
149 New landing area where parking aluminum ramp ends 10 days Fri 10/4/24 Thu 10/17/24
150
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026

ID Chiaramonte Construction Company Duration Start Finish
151 MISC. METALS ACTIVITIES: 6 days Mon 4/7/25 Mon 4/14/25
152 Add new grab rails and handrails per drawings at both front ramps 6 days Mon 4/7/25 Mon 4/14/25
153 Add new grab rails and handrails at side ramp 6 days Mon 4/7/25 Mon 4/14/25
154
155 PARKING ACTIVITIES: 6 days Mon 4/7/25 Mon 4/14/25
156 New ADA parking spaces with striping Add new grab rails and handrails per drawings at side ramp 6 days Mon 4/7/25 Mon 4/14/25
157 Install two rubber parking brakes 6 days Mon 4/7/25 Mon 4/14/25
158 Install 6 new plastic pylons at new parking spaces 6 days Mon 4/7/25 Mon 4/14/25
159 Add new aluminum ramp 6 days Mon 4/7/25 Mon 4/14/25
160
161 SIGNS ACTIVITIES: 6 days Mon 4/7/25 Mon 4/14/25
162 Install new ADA sign on post at right ramp to main entrance 6 days Mon 4/7/25 Mon 4/14/25
163
164 KALORAMA RECREATION CENTER - INTERIOR WORK: 62 days? Mon 4/7/25 Tue 7/1/25
165
166 RESTROOM #103 ACTIVITIES: 22 days? Tue 10/1/24 Wed 10/30/24
167 Demolition per plans - Sinks, toilets, partitions, fixtures, accessories & interior door 16 days Tue 10/1/24 Tue 10/22/24
168 Perform Electrical work per plans 1 day? Tue 10/1/24 Tue 10/1/24
169 Perform plumbing/mechanical work per plans 16 days Tue 10/1/24 Tue 10/22/24
170 Reframe interior door frame for a 36" door 16 days Tue 10/1/24 Tue 10/22/24
171 Install and finish new drywall & paint 16 days Tue 10/1/24 Tue 10/22/24
172 InstalI new tile (wall and floor) as needed 16 days Tue 10/1/24 Tue 10/22/24
173 Install new fixtures 16 days Tue 10/1/24 Tue 10/22/24
174 Install lighting 16 days Tue 10/1/24 Tue 10/22/24
175 Install new accessories and threshold 16 days Tue 10/1/24 Tue 10/22/24
176 Install new restroom sign 16 days Tue 10/1/24 Tue 10/22/24
177
178 RESTROOM #104 ACTIVITIES: 22 days? Tue 10/1/24 Wed 10/30/24
179 Demolition per plans - one sink and one faucet, mirror, paper towel dispenser 16 days Tue 10/1/24 Tue 10/22/24
180 Perform plumbing/mechanical work per plans 16 days Tue 10/1/24 Tue 10/22/24
181 Repair tile as needed 16 days Tue 10/1/24 Tue 10/22/24
182 Install new restroom sign 16 days Tue 10/1/24 Tue 10/22/24
183
184 RESTROOM #105 ACTIVITIES: 22 days? Tue 10/1/24 Wed 10/30/24
185 Demolition per plans - Sinks, toilets, partitions, fixtures, accessories, urinal, wall 16 days Tue 10/1/24 Tue 10/22/24
186 Perform Electrical work per plans 1 day? Tue 10/1/24 Tue 10/1/24
187 Perform plumbing/mechanical work per plans 16 days Tue 10/1/24 Tue 10/22/24
188 Install and finish new drywall & paint 16 days Tue 10/1/24 Tue 10/22/24
189 InstalI new tile (wall and floor) as needed 16 days Tue 10/1/24 Tue 10/22/24
190 Install new fixtures 16 days Tue 10/1/24 Tue 10/22/24
191 Install lighting 16 days Tue 10/1/24 Tue 10/22/24
192 Install new accessories 16 days Tue 10/1/24 Tue 10/22/24
193 Install new restroom sign 16 days Tue 10/1/24 Tue 10/22/24
194
195 MULTIPURPOSE ROOM ACTIVITIES: 22 days? Tue 10/1/24 Wed 10/30/24
196 Demolition per plans 16 days Tue 10/1/24 Tue 10/22/24
197 Reframe and finish new wall and install new roll up door 16 days Tue 10/1/24 Tue 10/22/24
198 Perform electrical work per plans (wire for ADA operator at front entrance) 16 days Tue 10/1/24 Tue 10/22/24
199 Install new front door 16 days Tue 10/1/24 Tue 10/22/24
200 Install new ADA operator at front entrance 16 days Tue 10/1/24 Tue 10/22/24
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026

ID Chiaramonte Construction Company Duration Start Finish
201 Install new bifold closet doors 16 days Tue 10/1/24 Tue 10/22/24
202 Install two signs in multipurpose room 16 days Tue 10/1/24 Tue 10/22/24
203
204 PROJECT CLOSEOUT ACTIVITIES 206 days Fri 3/28/25 Fri 1/9/26
205 Final Inspections 75 days Fri 3/28/25 Thu 7/10/25
206 Substantial Completion and Turnover to DGS 71 days Mon 5/5/25 Mon 8/11/25
207 Punch List 37 days Wed 6/11/25 Thu 7/31/25
208 Final Completion 51 days Fri 8/1/25 Fri 10/10/25
209 Administrative Completion 65 days Mon 10/13/25 Fri 1/9/26
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026

EXHIBIT C
DELIVERABLE LIST
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

A. Concept Design Phase Deliverables
1. Three (3) conceptual floor plan and site plan.
2. Updated property survey, including notations of utilities and all other easements.
3. Hazardous material survey and analysis update
4. Historic resources survey
5. Zoning analysis
6. Geotechnical Survey
7. Architectural Concept Development
8. Building plan
9. Preliminary cost estimates
10. Project schedule
B. Schematic Design Phase
1. Digital floor plans and site plan
2. Preliminary building elevations and sections
3. Plan-to-Program Comparison
4. Design Narrative
5. Updated Schedule and Cost Estimate
6. Phasing Plan, if necessary
7. If Value Engineering is necessary, it should be executed at this stage of the design
submission with all the stakeholders.
8. Meeting minutes of Preliminary Design Review Meetings.
C. Design Development
1. 35% (minimum progress) documents for all technical disciplines, drawings and
specs
2. 50% design development progress printing.
3. A reconciliation report that addresses issues raised by DGS representatives as a
result of the 50% progress printing.
4. CFA submission materials; meetings and presentations to CFA as required
5. Historic Preservation Office (HPO) submission materials; meetings and
presentations to HPO as required
6. Old Georgetown Board (OGB) submission materials; meetings and presentations to
HPO as required
7. Submit the Contractor’s second estimate for the hard cost of the Project with a
Maximum +/- 5% of the budget.
D. Permit Set
1. Drawings and specifications, ready for permitting, hard copy and electronic.
2. Final estimate of construction cost
E. Construction Phase Deliverables
1. Meeting minutes.

A. Concept Design Phase Deliverables

1. Three (3) conceptual floor plan and site plan.
2. Updated property survey, including notations of utilities and all other easements.
3. Hazardous material survey and analysis update
4. Historic resources survey
5. Zoning analysis
6. Geotechnical Survey
7. Architectural Concept Development
8. Building plan
9. Preliminary cost estimates
10. Project schedule

B. Schematic Design Phase

1. Digital floor plans and site plan
2. Preliminary building elevations and sections
3. Plan-to-Program Comparison
4. Design Narrative
5. Updated Schedule and Cost Estimate
6. Phasing Plan, if necessary
7. If Value Engineering is necessary, it should be executed at this stage of the design submission
with all the stakeholders.
8. Meeting minutes of Preliminary Design Review Meetings.

C. Design Development

1. 35% (minimum progress) documents for all technical disciplines, drawings and specs
2. 50% design development progress printing.
3. A reconciliation report that addresses issues raised by DGS representatives as a result of the
50% progress printing.
4. CFA submission materials; meetings and presentations to CFA as required
5. Historic Preservation Office (HPO) submission materials; meetings and presentations to HPO as
required
6. Old Georgetown Board (OGB) submission materials; meetings and presentations to HPO as
required
7. Submit the Contractor’s second estimate for the hard cost of the Project with a Maximum +/-
5% of the budget.

D. Permit Set

1. Drawings and specifications, ready for permitting, hard copy and electronic.
2. Final estimate of construction cost

E. Construction Phase Deliverables

1. Meeting minutes.
2. RFI Responses, ASI’s and/or other clarification documents.
3. Punch lists.
4. Closeout document review comments.
5. As-Built Drawings.

F. Close-Out Deliverables

1. A complete set of the Design-Builder’s Project files.
2. A complete set of product manuals (O&M), training videos, warranties, etc.
3. As built record drawings.
4. Attic stock and schedule.
5. Equipment schedule.
6. Proposed schedule of maintenance.
7. Environmental, health & safety documents.
8. LEED – Preliminary Construction Review.
9. All applicable inspection certificates/permits (boiler, elevator, emergency evacuation plans,
health inspection, etc.).

EXHIBIT D
SBE SUBCONTRACTING PLAN
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE Subcontracting Plan
FAQs & Checklist
This Checklist and FAQs are being provided to assist you in completing the SBE Subcontracting Plan. You
must submit the Subcontracting Plan for all construction and non-construction contracts for government-
assisted projects and for any application for a Class A Operator, Class B Operator, or Management Service
Provider (MSP) license to be issued by the Office of Lottery & Gaming (OLG). You must adhere to all District
laws regarding the requirements of Subcontracting Plans, the instructions on the SBE Subcontracting Plan
(below), and any instructions provided by the procuring agency or OLG.
FREQUENTLY ASKED QUESTIONS
¾ Who is required to complete an SBE Subcontracting Plan?
o All beneficiaries of construction or non-construction contracts for government-assisted projects in
excess of $250,000 must submit an SBE Subcontracting Plan unless the subcontracting
requirement is otherwise fully waived by the Director of the Department of Small & Local Business
Development. A partial waiver still requires an SBE Subcontracting Plan.
¾ What is the duration for allocating at least 35% of the contract value to SBE?
o For an agency contract at least 35% of the dollar volume of the contract shall be subcontracted to
a qualified SBE for each performance period for the life of the contract.
¾ I am a CBE Prime Contractor doing 100% of the work under my contract, am I required to complete
the SBE Subcontracting Plan?
o If a CBE Prime is selected as a beneficiary of a construction or non-construction contract and will
perform 100% of the work, subcontracting is not required. If 100% of the work is performed by the
CBE Prime, it shall attest to completing 100% of the work. However, if a CBE Prime subcontracts
any portion of the work, 35% of the total amount subcontracted must be with anSBE. For example,
if a CBE Prime receives a contract for $1,000,000 and will perform only $900,000 of the contract,
35% of the remaining $100,000 (i.e., $35,000) must be subcontracted to qualified SBEs. The SBE
Subcontracting Plan, based on this example, should be completed.
¾ Will DSLBD credit 100% of a CBE’s subcontract towards my subcontracting goal?
o DSLBD will only provide credit towards your subcontracting goal for work whereby a SBE provides
a commercially useful function. For example, if a Prime contractor awards a $100,000 contract to
an SBE subcontractor to procure software licenses at $95,000, and the remaining $5,000 is paid
to the SBE for obtaining those software licenses, only the $5,000 will be credited towards the
subcontracting goal. Any pass-thru costs or other work where the SBE is not providing a
commercially useful function--with its own organization and resources--will not be credited.
¾ Does my SBE Subcontracting Plan have to cover all options periods of the contract or solely the
current performance period?
o The SBE Subcontracting Plan should only include information for the current period of
performance. Thus, the SBE Subcontracting Plan should not represent anticipated option periods.
A new subcontracting plan must be submitted and executed before the start of each period of
performance.
¾ The base period of my contract was awarded during the COVID-19 Public Health Emergency (i.e.,
March 11, 2020, through November 5, 2021). What is my subcontracting requirement for my
performance periods that fall outside of those dates?
o If the base period of your contract was awarded during the public health emergency, you are
required to maintain a 50% subcontracting requirement for all options and extensions associated
with that contract unless otherwise reduced or waived by the Director of DSLBD.
¾ I do not believe I can meet the required 35% or 50% subcontracting requirement. What must I do to
waive this requirement?
o If you believe you cannot achieve the required subcontracting requirements, you should
communicate this concern to the contracting officer or other procuring staff before signing your
contract. Only the Director of DSLBD can waive the subcontracting requirements, and DSLBD
does not retroactively approve waivers. For instance, if a contract is executed before a final
determination has been rendered by DSLBD’s Director, you will be required to achieve the
subcontracting requirement, or the contract may be voided, pursuant to District law.
o The contracting officer is required to submit a waiver request to DSLBD for the contract for each
period of performance. Beneficiaries are not permitted to submit a waiver request. DSLBD does
SBE SUBCONTRACTNG PLAN | Revised October 2023
not approve waivers retroactively; therefore, contracting officers and beneficiaries should ensure
that the waiver is approved prior to executing the contract. Otherwise, the contract is voidable
pursuant to District law.
¾ Can I utilize any CBE to meet my subconctrcting requirements or does it have to be an SBE
specifically?
If there are insufficient qualified SBEs to completely fulfill the subcontracting requirement, then the
requirement may be satisfied by subcontracting a CBE; provided, that all reasonable efforts shall
be made to ensure that qualified SBEs are significant participants in the overall subcontracting
work.
SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE SUBCONTRACTING PLAN
INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects
(agency contracts & private projects with a District subsidy) over $250,000, shall require at least
35% of the total dollar volume of the contract (i.e., the total amount of agency contract or total private
project development costs) be subcontracted to Small Business Enterprises (SBE), and if insufficient
qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE
and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency
contracts, options, and extension, it can only be amended by the Director of the Department of Small &
Local Business Development
SUBMISSION OF CBE PLAN:
¡ For agency solicitations – submit to the agency with bid/proposal.
¡ For agency options & extensions – submit to the agency before an option or extension is
exercised.
¡ For public-private projects – submit to DSLBD, the agency project manager, and with each
quarterly report. As private projects may not have awarded all contracts at the time the District
subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each
quarterly report and list all SBE/CBE subcontracts executed by the time of submission.
CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the
portion of the subcontract performed, at every tier, by an SBE/CBE using its own organization and
resources. COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs AND CBEs (AT
EVERY TIER) MUST BE PROVIDED TO RECEIVE CREDIT.
CERTIFICATION INFORMATION: Certification as a Local Business Enterprise (LBE) is a prerequisite
to be certified in any additional business enterprise category within the CBE Program.
The Small Business Enterprise (SBE) is a category of the Certification. However, not all CBEs have a
Small Business Enterprise (SBE) category. If the subcontracting plan is with a CBE without the SBE
category, the contract may not receive credit towards the subcontracting goal for work provided by the
CBE if there were qualified SBEs that could have been utilized to completely fulfill the subcontracting
requirement.
The certification number must include the Local Business Enterprise (LBE) and Small Business
Enterprise (SBE) categories. i.e., Certification Number:LSXXXXXXXXX2026.
SUBCONTRACTING CREDIT PURSUANT D.C. LAW 24-39:
Pursuant to the Coronavirus Support Temporary Amendment Act of 2021 and the Public Emergency
Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021, contracts
awarded during the Public Health Emergency shall receive credit as follows:
(1) For every dollar expended by a beneficiary with a resident-owned business, the beneficiary
shall receive a credit for $1.10 against the CBE minimum expenditure.
(2) For every dollar expended by a beneficiary with a disadvantaged business enterprise, the
beneficiary shall receive a credit for $1.25 against the CBE minimum expenditure.
(3) For every dollar expended by a beneficiary that uses a company designated as both a
disadvantaged business enterprise and as a resident-owned business, the beneficiary shall
receive a maximum credit for $1.30 against the CBE minimum expenditure.
EXEMPTION: If the Beneficiary (e.g., the Prime Contractor or Developer) is a CBE and will perform
the ENTIRE government-assisted project with its own organization and resources and will NOT
subcontract any portion of the services and goods, then the CBE Beneficiary is not required to
subcontract to SBEs.
SBE SUBCONTRACTNG PLAN | Revised October 2023
SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION
Section 1A. BENEFICIARY INFORMATION
Company: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: _______ Solicitation Due Date:
Agency: _____________ Total Dollar Amount of Contract:
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
¾ Adjusted Subcontracting Requirement: ____%
Total Value of ALL CBE Subcontracts: _
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Please include the percentage of the contract the CBE Prime will perform under the contract or project.
¾ The CBE Prime will self-perform % of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
¾ CBE Certification No.
Chiaramonte Construction Company 202-526-0027
2260 Minnesota Ave SE Washington DC 20020
Frank Chiaramonte President
202-538-0027 Frank@cc-builder.com
2260 Minnesota Ave SE Washington DC 20020
DGS
DCAM-
X
X
X
Tpham@cc-builder.com
LSZX29212122027
wy
DSLBDZ

|declare,certify,verify,attest,andstateunderpenaltyofperjurythattheinformationprovidedaboveistrueandcorrecttothebestofmy knowledgeandbelief.PursuanttoD.C.OfficialCode§ 22-2402,|understandthata personconvictedofperjuryshallbefinednotmorethan$5,000orimprisonedfornotmorethan10years,orboth.|understandthatanyfalseorfraudulentstatementthat|provideorassertmaybegroundsforrevocationofmyCBEregistrationpursuanttoD.C.OfficialCode§2-218.63.Further,a PrimeContractor,Developer,CBE,CertifiedJointVenture,orSportsWageringLicenseethatfailstocomplywiththerequirementsoftheSmallandCertifiedBusinessEnterpriseDevelopmentandAssistance‘AmendmentActof2005,asamended,(D.C.Law20-108)(the“Act’),shallbesubjecttopenaltiesasoutlinedintheAct. a g
PRINTNAME:[BtankiChlaramonte: SIGNATURE:
4JO8TITLE:[President DATE:| 1/24/2025,

Section2. SBE/CBESUBCONTRACTORS (FOREACH TIEI

DanielCurryArchitect 52026 $163,100 Architect,WashingtonDC20002
‘SBEICBEPointofContact: ‘CBESubcontractorSelf-PerformanceIndicator:
Name:DanielCurry [ThisCBEwilperformtheENTIREsubcontractwithitscworganizationandresourcesTie:IBTesideent 1 ThisCBEwilsubcontractaportionofthesubcontractand‘llperformLI ofthesubcontract’totaldollarvolumeTelephoneNumber.571-251-6449 NOTE:IftheCBEwillnotselt-perform100%oftheSubcontract,itmustlisteachlowersierCBEEmailAddress:DC@danielcurryarchitect.com subcontractorbelow.
Descriptionoflowe d subcontractscopeof|| TierPricetobepaidtothe| worktobeperformed| (e..1%ear ee eed CBESubcontractor| thatshallbefora 23,es commerciallyuseful| 4",etc.)functionbytheCBE§
¥
§
§
§

SBESUBCONTRACTNGPLAN| RevisedOctober2023
SBE SUBCONTRACTNG PLAN | Revised October 2023
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
_________________ 02__ ___$148,383________ _____
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _
Title: _______
Telephone Number:
Email Address:
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
____ ___________ _
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name:
Title: _______
Telephone Number: ________
Email Address:
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Washington DC 20019
LSDZR26658
112025
X
E
$119,723
202-680-9123
X
SBE SUBCONTRACTNG PLAN | Revised October 2023
function by the CBE
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
__ _______
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _
Title: _
Telephone Number:
Email Address:
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____

X
SBE SUBCONTRACTNG PLAN | R evised October 2023
AGENCY CONTRACT AWARD
Agency: ________
Prime Contractor: ________
Base Period Contract – Option/Extension Period: ________
Multi-year Contract
First Year (Per iod) of Contract: ________
Current Year (Period) of Contract: ________
Design-Build – Date of Guaranteed Contract: ________
Check if prime contractor is a CBE and will perform the
ENTIRE government-assisted project (agency contract) with it s
own organization and resources and NOT subcontract any portion
of the services or goods.
PRIVATE PROJECT SUBSIDY AWARD
Agency Providing Subsidy: ________
District Subsidy: ________
Developer: ________
Amount of District Subsidy: ________
Date District Subsidy Provided/ contract signed: ________
Anticipated Start Date of Project: ________
Anticipated End Date of Project: ________
Project Name: ________
Project Address: ________
Total Development Project Budget: $________
(include pre-construction and construction costs)
35% of the Total Development Project Budget: $________
50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $________
(include every lower tier)
Check if developer is a CBE and will perform the ENTIRE
government-assisted project (private project) with i ts own
organization and resources and NOT subcontract any portion of
services or goods.
AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION
(ضwhich applies)
The below Agency Contracting Officer or Agency Project Manager affirms the following (ضto affirm):
If the Beneficiary is a CBE, DSLBD was contacted to confirm Beneficiary’s CBE certification.
The fully executed Contract (Base or Option or Extension or Multi-Year) or subsidy document, between the Beneficiary and Agency, was
emailed to DSLBD at Compliance.Enforcement@dc.govwithin five (5) days of signing:
FOR AGENCY CONTRACTthe SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.govwithin five (5) days of signing the contract between the Beneficiary and Agency.
________
Name of Agency Contracting Officer or Agency Project Manager
________
Title of Agency Contracting Officer or Agency Project Manager
________
Signature
________
Date
Department of General Services
Chiaramonte Construction Company
Contract Number: ____DCAM-2____0
Date SBE Subcontracting Plan Accepted: 1/30/2025
Date agency contract signed: _1/30/2025_______
Anticipated Start Date of Contract:
Anticipated End Date of Contract: _08/11/2025
Total Dollar Amount of Contract: $1,800,000_______
*Design-Build must include total contract amount for both
design and build phase of the project.
35% of the Total Contract Amount: $630,000________
35% of the Applicable Performance Period: $630,000
50% of Total Dollar Amount of Contract: $900,000_______
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $$483,127__
(include every tier)
(ض if applies)
-CS-RFP-0005

EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY FORM
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
Revised 7/21/2023

BUSINESS LETTERHEAD HERE

NOTICE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO)
REQUIREMENTS

Mayor’s Order 85-85, “Compliance with Equal Opportunity Requirements in Contracts,” effective
June 10, 1985 (“Mayor’s Order 85-85”); the rules implementing Mayor’s Order 85-85, 4 DCMR
§ 1100 et seq.; and the D.C. Human Rights Act of 1977, as amended, D.C. Code § 2- 1401 et seq.
(“D.C. Human Rights Act”) are hereby included as part of this bid/proposal. Therefor e, each
bidder/offeror shall indicate below their written commitment to comply with Mayor’s Order 85 -
85, the implementing rules, and the D.C. Human Rights Act. Failure to comply with these
provisions shall result in rejection of the respective bid/proposal.

I, __________________________, the authorized representative of ________________________
(Name of Contractor/Business), hereinafter referred to as “the Contractor” certify that the
Contractor is fully aware of all of all of the provisions of Mayor’s Order 85-85, the implementing
rules, and the D.C. Human Rights Act. I further certify that the Contractor shall fully comply with
Mayor’s Order 85-85, the implementing rules, and the D.C. Human Rights Act for the trades,
crafts, and skills to be used during the term of the performance of the contract whether or not the
work is subcontracted if the Contractor is awarded the D.C. Government Contract referenced by
the contract number, solicitation number, and/or bid number entered below. Further, I certify that
the Contractor acknowledges and understands that the award of said contract and its continuation
are specifically conditioned upon the Contractor’s compliance with Mayor’s Order 85-85, the
implementing rules, and the D.C. Human Rights Act.

__________________________________ __________________________
Name of Authorized Official and Title Date

__________________________________ __________________________
Signature of Authorized Official Name of Contractor/Business

__________________________________
Contract/Solicitation/Bid Number
Revised 7/21/2023

BUSINESS LETTERHEAD HERE

EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY COMMITMENT

________________________ (Name of Contractor/Business) shall not discriminate against any
employee or applicant for employment because of age, color, credit information, disability, family
responsibilities, gender identity and expression, genetic information, homeless status, marital
status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex,
sexual orientation, or status of a victim or family member of a victim of domestic violence, a sexual
offense, or stalking.

________________________ (Name of Contractor/Business) agrees to take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their age, color, credit information, disability, family responsibilities, gender identity and
expression, genetic information, homeless status, marital status, matriculation, national origin,
personal appearance, political affiliation, race, religion, sex, sexual orientation, or status of a victim
or family member of a victim of domestic violence, a sexual offense, or stalking. The affirmative
action shall include, but not be limited to, the following: (1) employment, upgrading, or transfer;
(2) recruitment or recruitment advertising; (3) demotion, layoff, or termination; (4) rates of pay, or
other forms of compensation; and (5) selection for training and apprenticeship.

________________________ (Name of Contractor/Business) agrees to post in conspicuous
places, available to employees and applicants for employment, the above provisions concerning
non-discrimination and equal employment opportunity.

________________________ (Name of Contractor/Business) shall, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment pursuant to the above provisions concerning
non-discrimination and equal employment opportunity.

________________________ (Name of Contractor/Business) agrees to send to each labor union
or representative of workers with which it has a collective bargaining agreement, or other contract
or understanding, a notice that it will comply with th e above provisions concerning non-
discrimination and equal employment opportunity and the contractor’s commitments represented
herein, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.

________________________ (Name of Contractor/Business) agrees to permit access to all books,
records, and accounts, pertaining to its employment practices, by the Director of the Office of
Human Rights and the Contracting Agency for purposes of investigati on to ascertain compliance
with the above provisions concerning non-discrimination and equal employment opportunity, and
to require under terms of any subcontractor agreement each subcontractor to permit access of the
subcontractors, books, records, and accounts for such purposes.
Revised 7/21/2023

________________________ (Name of Contractor/Business) agrees to comply with all guidelines
concerning non-discrimination and equal employment opportunity applicable in the District of
Columbia.

________________________ (Name of Contractor/Business) shall include in every subcontract
the above provisions concerning non- discrimination and equal employment opportunity, so that
these provisions shall be binding upon each subcontractor or vendor.

________________________ (Name of Contractor/Business) shall take action with respect to any
subcontract as the Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the prime contractor may request the District to enter into such
litigation to protect the interest of the District.

__________________________________ __________________________
Name of Authorized Official and Title Date

__________________________________ __________________________
Signature of Authorized Official Name of Contractor/Business




EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DC Office of Contracting and Procurement
Employer Information Report (EEO)
Reply to:
Office of Contracting and Procurement 441 4th
Street, NW, Suite 700 South
Washington, DC 20001
Instructions:
Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement to
comply with Section D of this report ONLY. One copy shall be retained by the Contractor.
Section A – TYPE OF REPORT
1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)
Single Establishment Employer
(1) ☐ Single-establishment Employer Report
Multi-establishment Employer
(2) ☐ Consolidated Report
(3) ☐ Headquarters Report
(4) ☐ Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) ☐ Special Report
2. Total number of reports being filed by this Company.
Section B – COMPANY IDENTIFICATION OFFICIAL (To be answered by all employers) OFFICIAL USE
ONLY
1. Name of Company which owns or controls the establishment for which this report is filed a.
Address (Number and street) City or Town Country State Zip Code b.
b. Employer
Identification No.
2. Establishment for which this report is filed. OFFICIAL USE
ONLY
a. Name of establishment c.
Address (Number and street) City or Town Country State Zip Code d.
b. Employer
Identification No.
3. Parent of affiliated Company
a. Name of parent or affiliated Company b. Employer Identification No.
Address (Number and street) City or Town Country State Zip Code
Section C - ESTABLISHMENT INFORMATION
1. Is the location of the establishment the same as that reported last
year?
☐ Yes ☐ No ☐ Did not report ☐ Report on combined
last year basis
2. Is the major business activity at this establishment the same
as that reported last year?
☐ Yes ☐ No ☐ Did not report ☐ Report on combined
last year basis
OFFICIAL USE
ONLY
3. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale
plumbing supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal
business or industrial activity.)
e.
4. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
5.
☐ YES ☐ NO
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891

SECTION D – EMPLOYMENT DATA
Employment at this establishment – Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees
unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be
considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment Including those in minority groups
JOB
CATEGORIES
TOTAL EMPLOYEES IN
ESTABLISHMENT

MINORITY GROUP EMPLOYEES
MALE FEMALE
Total
Employees
Including
Minorities
(1)
Total Male
Including
Minorities

(2)
Total
Female
Including
Minorities
(3)

Black
(4)

Asian
(5)

American
Indian

(6)

Hispanic
(7)

Black
(8)

Asian
(9)

American
Indian

(10)

Hispanic
(11)
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and
Clerical
Craftsman
(Skilled)
Operative (Semi-
Skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employ
reported
in previous report

(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal
On-
The-Job
Trainee
White
collar
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Production
1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used: __________________
a. ☐Visual Survey c. ☐Other Specify 3. Pay period of last report submitted for this
b. ☐Employment Record establishment: _
Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain major changes
in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check one ☐ (1) All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
☐ (2) This report is accurate and was prepared in accordance with the instructions.

Name of Authorized Official Title Signature Date
Name of person contact regarding this report Address (Number and Street)

Title City and State Zip Code Telephone Number Extension
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE

EXHIBIT F
LIST OF KEY PERSONNEL
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
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No Name Role in the project Time
devoted for
the Project
Current workload for the next
year
1 Frank Chiaramonte President
General Manager
10% CFT Fire alrm upgrade
2 Steve Groth Project Executive
Lead Scheduler
15% Brightwood Es Door and
Windows Replacement
3 Blane Smith Project Manager 35% Fr Greble Park Renovation
4 Paul Chiaramonte Superintendent 100% Smother ES Modernization
5 Tai T Pham, aAIA, GGP,
LEED AP BD+C
3UHFRQVWUXFWLRQ
(VWLPDWRU
15% n/a
6 Ibrahime Alouse 4$4&  0% Smother ES Modernization
No Name
CM at Risk for the Ward
5 - Short Term Family Housing
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1 Frank Chiaramonte
2 Steve Groth
3 Blane Smith
4 Paul Chiaramonte
5 Tai T Pham, Assc. AIA,
LEED AP BD+C
6 Ibrahime Alouse
The percentage of time that will be devoted by the individual to the Project.
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KEY PERSONNEL
Page - 32
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FRANK CHIARAMONTE
35(6,'(17/($'(67,0$725
STEVE GROTH
93&216758&7,2123(5$7,216
352-(&7(;(&87,9(/($'6&+('8/(5
TAI PHAM, a AIA, LEED AP
3UHFRQVWUXFWLRQ(VWLPDWRU
BLANE SMITH
352-(&70$1$*(5
PAUL CHIARAMONTE
683(5,17(1'(17
Point of Contact (POC) for the project:
• Mr Frank Chiaramont , President
• Phone: 202-562-0027
• Email: estimating@cc-builder.com
DEPARMENT OF GENERAL
SERVICES
IBRAHIM ALOUSI
4$4&
HANNAH BERRES
$VVW352-(&70$1$*(5
JOHNSON MIDDLE SCHOOL GYMNASIUM IMPROVEMENT
Page - 33
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QUALIFICATIONS
Frank Chiarmonte is the Frank
Chiarmonte is the President and
General Manager of Chiaramonte
Construction Company. He is
responsible for the day-to-day
PDQDJHPHQWRIWKH¿UPZLWK
particular focus on leading the
WHDPWR¿QGWKHPRVWFUHDWLYH
and streamlined solutions for our
clients. Since 2004, Chiaramonte
Construction Company (CCC)
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Business Enterprise in the District
RI&ROXPELD7KH¿UPKDYHEHHQ
performing over $100,000,000 of
construction work and employing
over 50 full-time employees.
CCC has consistently increased
revenue every year since inception
and continues to grow. As an
organization within the District
of Columbia, CCC gives back to
the community and understand
the importance of growing the
community along with the company.
EDUCATION
Bachelor of Science,
Mechanical Engineering
University of Maryland
YEARS OF EXPERIENCE
More than 30 years
Current Role: 18 years
CERTIFICATIONS
OSHA 30
FRANK CHIARAMONTE
35(6,'(17
RELEVANT PROJECT EXPERIENCE
Amidon-Bowen Elementary School Overcrowding Relief - Washington, DC
Role in the project: General Manager
DGS enlisted Chiaramonte Construction & R. McGhee & Associates to design &
EXLOGDQHZ3UH.FODVVURRPWHDFKHU¶VORXQJHFXVWRGLDORႈFHDQGFRQIHUHQFH
room. The existing spaces lacked functionality and were outdated. Working
FORVHO\ZLWK50F*KHH $VVRFLDWHVDQG'*6ZHZHUHDEOHWRUHFRQ¿JXUH
WKHOD\RXWXSGDWHWKH0(3V\VWHPVIRUEHWWHUHႈFLHQF\DQGSURYLGHQHZZRUN
classroom spaces that are both functional and aesthetically pleasing. This project
was very challenging as the contract was not awarded until summer break had
already started and we only had roughly 25 days to get the critical work done
before the faculty and students returned. We worked many long days, nights,
and weekends to make sure the Pre-K classroom and teacher’s lounge were
UHDG\IRUWKH¿UVWGD\RIVFKRRO:HSULRULWL]HGRUGHUVIRUORQJOHDGLWHPVDQG
implemented temporary solutions like lighting, furniture, and millwork, until the
VSHFL¿HGPDWHULDOVDUULYHG2QFHWKHVSHFL¿HGPDWHULDOVZHUHGHOLYHUHGZH
coordinated installation with DGS and DCPS to complete the work “after hours.”.
Construction cost $950,000
The Ward 5 Short term Family Housing - Washington, DC
Role in the project: General Manager
Phase Construction, CM-at-Risk, Short term Multi Family Housing Project
The project is comprised of renovation of existing historic building including
site hardscaping and new addition building. The existing building is a former
¿UHVWDWLRQWKDWFXUUHQWO\DEDQGRQIRUPVHYHUDO\HDUV7KHWRWDOVTXDUHIRRWDJH
of the project is 45,000 SF. The historic building will receive new windows and
doors to match with existing historic features. The addition will house forty-six
family units, computer labs for the residents, commercial kitchen, administrative
VSDFHIRUVWDႇDQGSURYLGHUVRXWGRRUSOD\JURXQGDQGUHFUHDWLRQDOVSDFHDJH
appropriate indoor recreation space, homework/study lounge for residents and
other amenities. Construction Cost $25 Million Dollars
Ballou Senior High School Renovation, Washington DC
Role in the project: General Manager
Design-Build, Fast Track and Multiphases School Project
The new Ballou Senior High School is 420,000 square feet and designed to
accommodate 1400 students. The new building completed in January 2015
with 37 new classrooms as well as science labs, auto mechanic training and
cosmetology training centers, a culinary arts kitchen, a greenhouse, performing
and visual arts spaces, a swimming pool and more. Construction Cost
$114Million Dollars
Hearst Elementary School Exterior, Ward 4 - Washington DC
Role in the project: General Manager
Design-Build, Historic Building and Multi phases School Project
This project involved in many phases of work over three years during 2014-
2016. Chiaramonte’s scope of work included demolition, site work and parkings,
FRQFUHWHUHWUR¿WWLQJRIFODVVURRPVUHVWURRPVFRUULGRUVVWDLUZHOOVDVZHOODVWKH
addition of age appropriate play equipment, and repairs/upgrades to the building
LQIUDVWUXFWXUHVXFKDVURR¿QJSOXPELQJHOHFWULFDO+9$&VHFXULW\VDIHW\GDWD
FRQQHFWLYLW\¿QLVKHGFDUSHQWU\URXJKFDUSHQWU\GU\ZDOOPHWDOVWXGVDFRXVWLFDO
ceilings, doors and hardware. Construction Cost $9.8 Million Dollars
BUILDER KEY PERSONNEL%8,/'(5KEY PERSONNEL
Page - 34
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QUALIFICATIONS
As Project executive, Mr. Groth
will be the primary point-of-
contact for the execution of the
work and will ensure the quality
RIDOOZRUNHႇRUWV0U*URWKKDV
over 32 years of experience
delivering educational and
institutional facilities including of
The three ADA Improvements
project for DGS/DPR, Ballou
Senior High School and Rockville
Library Improvement Projects.
EDUCATION
Auburn University, Auburn, AL
Bachelor of Science, Building
Construction
YEARS OF EXPERIENCE
More than 32 years
Current Role: 16 years
CERTIFICATIONS
U.S. Army Corps of Engineers,
Construction Quality Management
(*)Point of Contact (POC):
Steve Groth, Project Executive
Direct: (443)736-0135
Email: sgroth@cc-builder.com
STEVE GROTH*
352-(&7(;(&87,9(
RELEVANT PROJECT EXPERIENCE
TAmidon-Bowen Elementary School Overcrowding Relief - Washington, DC
Role in the project: Project Executive
DGS enlisted Chiaramonte Construction & R. McGhee & Associates to design &
EXLOGDQHZ3UH.FODVVURRPWHDFKHU¶VORXQJHFXVWRGLDORႈFHDQGFRQIHUHQFH
room. The existing spaces lacked functionality and were outdated. Working closely
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XSGDWHWKH0(3V\VWHPVIRUEHWWHUHႈFLHQF\DQGSURYLGHQHZZRUNFODVVURRP
spaces that are both functional and aesthetically pleasing. This project was very
challenging as the contract was not awarded until summer break had already
started and we only had roughly 25 days to get the critical work done before the
faculty and students returned. We worked many long days, nights, and weekends
WRPDNHVXUHWKH3UH.FODVVURRPDQGWHDFKHU¶VORXQJHZHUHUHDG\IRUWKH¿UVWGD\
of school. We prioritized orders for long lead items and implemented temporary
VROXWLRQVOLNHOLJKWLQJIXUQLWXUHDQGPLOOZRUNXQWLOWKHVSHFL¿HGPDWHULDOVDUULYHG
2QFHWKHVSHFL¿HGPDWHULDOVZHUHGHOLYHUHGZHFRRUGLQDWHGLQVWDOODWLRQZLWK'*6
and DCPS to complete the work “after hours.”. Construction cost $950,000
The Ward 5 Short term Family Housing - Washington, DC
Role in the project: Project Executive
Phase Construction, CM-at-Risk, Short term Multi Family Housing Project
The project is comprised of renovation of existing historic building including site
KDUGVFDSLQJDQGQHZDGGLWLRQEXLOGLQJ7KHH[LVWLQJEXLOGLQJLVDIRUPHU¿UH
station that currently abandon form several years. The total square footage of the
project is 45,000 SF. The historic building will receive new windows and doors to
match with existing historic features. The addition will house forty-six family units,
computer labs for the residents, commercial kitchen, administrative space for
VWDႇDQGSURYLGHUVRXWGRRUSOD\JURXQGDQGUHFUHDWLRQDOVSDFHDJHDSSURSULDWH
indoor recreation space, homework/study lounge for residents and other amenities.
Construction Cost $25 Million Dollars
Ballou Senior High School Renovation, Washington DC
Role in the project: Project Executive
Design-Build, Fast Track and Multiphases School Project
The new Ballou Senior High School is 420,000 square feet and designed to
accommodate 1400 students. The new building completed in January 2015 with 37
new classrooms as well as science labs, auto mechanic training and cosmetology
training centers, a culinary arts kitchen, a greenhouse, performing and visual arts
spaces, a swimming pool and more. Construction Cost $114Million Dollars
and visual arts spaces, a swimming pool and more.
Orr Elementary School, Ward 8 Washington DC
Role in the project: Project Executive
Design-Build, Fast Track School Project
Renovations to the existing 75,000 square feet school building included installation
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HOHYDWRU
refurbishment; new windows and roof; and partial replacement of the façade. A new
three-story, 68,000 square foot addition was constructed of structural steel with
concrete slabs enclosed with a new glazed curtain wall system. Site improvements
included the demolition, expansion, and repaving of the parking lot; complete new
landscaping including rain gardens, and construction of walkways. Compliance
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Amidon-Bowen Elementary School Overcrowding Relief - Washington, DC
Role in the project: General Manager
DGS enlisted Chiaramonte Construction & R. McGhee & Associates to design &
EXLOGDQHZ3UH.FODVVURRPWHDFKHU¶VORXQJHFXVWRGLDORႈFHDQGFRQIHUHQFH
room. The existing spaces lacked functionality and were outdated. Working
FORVHO\ZLWK50F*KHH $VVRFLDWHVDQG'*6ZHZHUHDEOHWRUHFRQ¿JXUH
WKHOD\RXWXSGDWHWKH0(3V\VWHPVIRUEHWWHUHႈFLHQF\DQGSURYLGHQHZZRUN
classroom spaces that are both functional and aesthetically pleasing. This project
was very challenging as the contract was not awarded until summer break had
already started and we only had roughly 25 days to get the critical work done
before the faculty and students returned. We worked many long days, nights, and
weekends to make sure the Pre-K classroom and teacher’s lounge were ready for
WKH¿UVWGD\RIVFKRRO:HSULRULWL]HGRUGHUVIRUORQJOHDGLWHPVDQGLPSOHPHQWHG
WHPSRUDU\VROXWLRQVOLNHOLJKWLQJIXUQLWXUHDQGPLOOZRUNXQWLOWKHVSHFL¿HG
PDWHULDOVDUULYHG2QFHWKHVSHFL¿HGPDWHULDOVZHUHGHOLYHUHGZHFRRUGLQDWHG
installation with DGS and DCPS to complete the work “after hours.”. Construction
cost $950,000
The Ward 5 Short term Family Housing - Washington, DC
Role in the project: General Manager
Phase Construction, CM-at-Risk, Short term Multi Family Housing Project
The project is comprised of renovation of existing historic building including
site hardscaping and new addition building. The existing building is a former
¿UHVWDWLRQWKDWFXUUHQWO\DEDQGRQIRUPVHYHUDO\HDUV7KHWRWDOVTXDUHIRRWDJH
of the project is 45,000 SF. The historic building will receive new windows and
doors to match with existing historic features. The addition will house forty-six
family units, computer labs for the residents, commercial kitchen, administrative
VSDFHIRUVWDႇDQGSURYLGHUVRXWGRRUSOD\JURXQGDQGUHFUHDWLRQDOVSDFHDJH
appropriate indoor recreation space, homework/study lounge for residents and
other amenities. Construction Cost $25 Million Dollars
Ballou Senior High School Renovation, Washington DC
Role in the project: General Manager
Design-Build, Fast Track and Multiphases School Project
The new Ballou Senior High School is 420,000 square feet and designed to
accommodate 1400 students. The new building completed in January 2015
with 37 new classrooms as well as science labs, auto mechanic training and
cosmetology training centers, a culinary arts kitchen, a greenhouse, performing
and visual arts spaces, a swimming pool and more. Construction Cost $114Million
Dollars
Hearst Elementary School Exterior, Ward 4 - Washington DC
Role in the project: General Manager
Design-Build, Historic Building and Multi phases School Project
This project involved in many phases of work over three years during 2014-
2016. Chiaramonte’s scope of work included demolition, site work and parkings,
FRQFUHWHUHWUR¿WWLQJRIFODVVURRPVUHVWURRPVFRUULGRUVVWDLUZHOOVDVZHOODVWKH
addition of age appropriate play equipment, and repairs/upgrades to the building
LQIUDVWUXFWXUHVXFKDVURR¿QJSOXPELQJHOHFWULFDO+9$&VHFXULW\VDIHW\GDWD
FRQQHFWLYLW\¿QLVKHGFDUSHQWU\URXJKFDUSHQWU\GU\ZDOOPHWDOVWXGVDFRXVWLFDO
ceilings, doors and hardware. Construction Cost $9.8 Million Dollars
QUALIFICATIONS
With more than 10 years
experience as professional
Construction Project Manager,
Mr Smith is responsible for the
overall management support
and quality control oversight
throughout construction. He
is your day-to-day manager
and one of primary point of
contact. He will facilitate/
attend all meetings including
all progress meetings, monthly
owner meetings, and partnering
sessions. Mr. Smith assists
in the development of project
procedures, creates/manages
the construction schedule,
manages/provides leadership
to the team, and manages/
oversees construction
deliverables. He is also
responsible for ensuring that
Chiaramonte’s cost estimates
and construction services are
100% on target with all of our
client’s requirements.
YEARS OF EXPERIENCE
More than 10 years
Current Role: 8 years
CERTIFICATIONS
OSHA 30
BLANE SMITH
6(1,25352-(&70$1$*(5
RELEVANT PROJECT EXPERIENCE
Page - 36
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QUALIFICATIONS
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DUHEHLQJIROORZHGDQG
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YEARS OF EXPERIENCE
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CERTIFICATIONS
26+$
PAUL CHIARAMONTE
683(5,17(1'(17
RELEVANT PROJECT EXPERIENCE
The Smothers ES Renovation - Washington DC
Role in the project: Superintendent
Smothers Elementary School (“Smothers”), located at 4400 Brooks Street, NE,
Washington, DC 20019. The School serves students from pre-kindergarten through
¿IWKJUDGH7KHVFKRROLVEHLQJH[SDQGHGIURP6)WRDSSUR[LPDWHO\
SF to accommodate today’s educational and operational demands with new energy
HႈFLHQW+9$&V\VWHP, including larger learning spaces, separate dining and
gym areas, and full accessibility of 318 Students. The project will be LEED Gold
FHUWL¿FDWLRQ7KHFRQVWUXFWLRQFRVWHVWLPDWHGDERXWDQGFRPSOHWLRQ
date will be in Summer of 2023
The Ward 5 Short term Family Housing - Washington, DC
Role in the project: Superintendent
Phases Construction, CM-at-Risk, Short term Multi Family Housing Project
The project is comprised of renovation of existing historic building including site
KDUGVFDSLQJDQGQHZDGGLWLRQEXLOGLQJ7KHH[LVWLQJEXLOGLQJLVDIRUPHU¿UHVWDWLRQ
that currently abandon form several years. The total square footage of the project
is 45,000 SF. The historic building will receive new windows and doors to match
with existing historic features and QHZHQHUJ\HႈFLHQW+9$&V\VWHP. The addition
will house forty-six family units, computer labs for the residents, commercial
NLWFKHQDGPLQLVWUDWLYHVSDFHIRUVWDႇDQGSURYLGHUVRXWGRRUSOD\JURXQGDQG
recreational space, age appropriate indoor recreation space, homework/study
lounge for residents and other amenities.
H.D. Woodson High School, Ward 7- Washington DC
Role in the project: Superintendent
This project involved the construction of a new state-of-the-art high school.
The new 231,000 square foot, three-story school features four distinct learning
communities, supported by an advanced technology infrastructure and new
HQHUJ\HႈFLHQW+9$&V\VWHP7KHFDPSXVLQFOXGHVDVHDWVSURVFHQLXP
style theatre, with raised stage, dressing rooms, and support spaces. Its athletic
facilities, include and eight-lane swimming pool with separate community locker
URRPVWZRJ\PQDVLXPVDIRRWEDOOVWDGLXPWHQQLVFRXUWVDVRIWEDOO¿HOGDQG
SUDFWLFH¿HOGV
Bancroft Elementary School Renovation, Ward 5 Washington, DC
Role in the project: Superintendent
The Bancroft campus located at 1755 Newton Street, NW, Washington, DC 20010,
FRQVLVWVRI¿YHDGMRLQLQJEXLOGLQJVWRWDOLQJ
VTXDUHIHHWRIVSDFH7KH
project will provide more classrooms, spaces such as Media Center, Indoor Play,
Auditorium, and Art Room will be provided. The Electrical, Mechanical and Life
Safety systems of the entire building will be upgraded to meet the current building
code and performance requirements.
Hearst Elementary School Exterior, Ward 4 - Washington DC
Role in the project: Superintendent
This project involved in many phases of work over three years during 2014-
&KLDUDPRQWH¶VVFRSHRIZRUNLQFOXGHGGHPROLWLRQFRQFUHWHUHWUR¿WWLQJ
of classrooms, restrooms, corridors, stairwells, as well as the addition of age
appropriate play equipment, and repairs/upgrades to the building infrastructure
VXFKDVURR¿QJSOXPELQJHOHFWULFDO+9$&VHFXULW\VDIHW\GDWDFRQQHFWLYLW\
¿QLVKHGFDUSHQWU\URXJKFDUSHQWU\GU\ZDOOPHWDOVWXGVDFRXVWLFDOFHLOLQJVGRRUV
and hardware.
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QUALIFICATIONS
More than 14 years experience in
both design and construction for
public buildings and facilities, Mr
Pham is a skillful QA/QCManager
for design-build projects. He is
responsible to support and perform
quality control oversight throughout
construction. He will actively
perform site visit to ensure quality
and schedule. His responsibility
includes: Conducts inspections,
audits, and surveillance to verify
implementation of quality assurance/
control requirements. Monitors
the constructed site for quality
assurance, tracking and reporting on
the status of inspection activities and
maintain daily records of activities
completed. Monitors construction
to pro-actively anticipate upcoming
inspections.
YEARS OF EXPERIENCE
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CERTIFICATIONS
• Magna Cum Laude, Professional
degree in architecture-5 years
program, Howard University,
Washington, DC
• USGBC - LEED AP BD+C
• Associate Member of American
Institute of Architects
• BIM and Autodesk Revit
&HUWL¿FDWLRQ
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TAI T. PHAM, aAIA, LEED AP BD+C
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RELEVANT PROJECT EXPERIENCE
Stuart Hobson Middle School – Washington, DC
Role in the project: (VWLPDWRU and LEED Sustainable Specialist
Construction Cost: Est. $21.5M | Owner: DGS/DCPS
$/(('*ROGIRU6FKRROFHUWL¿HGSURMHFW&0DW5LVN6WXDUW+REVRQ¶VDUWV
integration and museum program serves students in sixth through eighth
grade, combining the warmth of a neighborhood school with a full range
of academic and extracurricular activities. Cafeteria, Lower Level, Science
Rooms, Museum Atrium, Auditorium and added a North Addition was
renovated during Summer 2014. The 2015 summer break work included
UHQRYDWLRQVDWWKH0HGLD&HQWHU6WUHHWVFDSHDQG)RRWEDOO¿HOG
Capitol View Library – Washington DC
Role in the project: (VWLPDWRUand Sustainable Specialist
Construction Cost: $17 M | Owner: District of Columbia Public Library
$/(('*ROG1HZ&RQVWUXFWLRQFHUWL¿FDWLRQSURMHFW7KH'HVLJQ%XLOG
Services for renovation of Capitol View Neighborhood Branch Library Phase
1 was the complete interior renovation of the 22,240 square foot building.
The scope included upgrade to the HVAC system, new sprinkler, lighting
system and control, replacement of site parking.
Hearst Elementary School – Phase 1– Washington, DC
Role in the project: Project Architect and Construction Administration
Construction Cost: Est. $24.4M | Owner: DGS/DCPS
The Hearst Elementary School project consists of a full modernization of the
existing Hearst building, as well as additions that include a new gymnasium
and cafeteria. The new facilities will add 176 additional students to the
VFKRRO¶VHQUROOPHQW7KLVSURMHFWLVFHUWL¿HG/(('*ROGE\WKH86*%&
Jesse Reno Elementary School – Washington, DC
Role in the project: Project Architect and Construction Administration
Construction Cost: Est. $14.6M | Owner: DGS/DCPS
The Deal Middle School is considered the best middle school in the District,
as well as the largest. Designer team was commissioned to redesign the
12,900 SF renovation of the Reno School, a historic landmark and new
23,900 SF addition. The addition along with the reuse of the Reno School
will accommodate 460 more students. At completion, the 183,000 SF school
will be occupied by more than 1,200 students. This project is LEED Gold
FHUWL¿HG
Peabody Early Childhood Center – Washington, DC
Role in the project: Project Architect and Construction Administration
Construction Cost: $8.2 M | Owner: DGS/DCPS
$/(('*ROGIRU6FKRROFHUWL¿FDWHGSURMHFWWRSURYLGHWKHGHVLJQVHUYLFHV
for the complete renovation of the Peabody School. This project achieved
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QUALIFICATIONS
More than 4 years experience in
construction services for public
buildings and facilities, Mr Alousi is
a skillful 4$4&
He is responsible to collaborate
with AE team for any inSut for MEO
drawings and documHnts, and
support MEP construction and
commissioning meetings to keep
abreast of project developments, to
develop a detailed understanding
of the facility design and operation,
and to track program changes and
their potential impact.
Observes key installation and test
procedures to ensure conformance
with project goals and to gather
information for operational
documentation and training.
Proactively works with Construction
and Commissioning teams to
ensure that required documents
and information are delivered
DFFRUGLQJWRVSHFL¿FDWLRQV
and on time. Ensures that the
subcontractor and vendor training
is properly developed and delivere
YEARS OF EXPERIENCE
More than 4 years
Current role: 2 years
CERTIFICATIONS
BS in Civil Engineering, 2018
Virginia Tech - Virginia
ProCore Project Manager
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RELEVANT PROJECT EXPERIENCE
The Smothers ES Renovation - Washington DC
Role in the project: MEP Project Manager
Smothers Elementary School (“Smothers”), located at 4400 Brooks Street, NE,
Washington, DC 20019. The School serves students from pre-kindergarten
WKURXJK¿IWKJUDGH7KHVFKRROLVEHLQJH[SDQGHGIURP6)WR
approximately 66,100 SF to accommodate today’s educational and operational
demands with QHZHQHUJ\HႈFLHQW+9$&V\VWHP, including larger learning
spaces, separate dining and gym areas, and full accessibility of 318 Students.
7KHSURMHFWZLOOEH/(('*ROGFHUWL¿FDWLRQ7KHFRQVWUXFWLRQFRVWHVWLPDWHGDERXW
$51,000,000 and completion date will be in Summer of 2023
'&6FKRROV+9$&5HSDLUV0DLWHQDQFHDQG0RGL¿FDWLRQV- Washington, DC
Role in the project: MEP Project Manager
With the onset of the COVID-19 emergency, the Department of General Services
DZDUGHG&KLDUDPRQWHIRUWKHFRPSUHKHQVLYHDVVHVVPHQWDQGUHWUR¿WFRQVWUXFWLRQ
services of the existing HVAC systems for multiple DC Public Schools. This work
is mandatory to ensure an optimal HVAC/air quality environment is conducive
for students, faculty, and visitors to DC’s 113 active public-school buildings. The
3HULRGRI3HUIRUPDQFHIRUWKHDVVHVVPHQWDQGUHWUR¿WEHJLQV6HSWHPEHU

2020 ending on or prior to December 31, 2020 with phased construction. Scope
included: Review pre-existing Indoor Air Quality abnormalities, HVAC system
PDLQWHQHQFHDLUÀXVKHQHUJL]H+9$&V\VWHPV&OHDQ+9$&LQWDNHV
9HULI\
proper separation between outdoor air intakes and exhaust and Conduct any
Testing and Balancing reports
The Ward 5 Short term Family Housing - Washington, DC
Role in the project: Asst Project Manager
Phases Construction, CM-at-Risk, Short term Multi Family Housing Project
The project is comprised of renovation of existing historic building including site
KDUGVFDSLQJDQGQHZDGGLWLRQEXLOGLQJ7KHH[LVWLQJEXLOGLQJLVDIRUPHU¿UH
station that currently abandon form several years. The total square footage of the
project is 45,000 SF. Construction cost: $21,000,000
The historic building will receive new windows and doors to match with existing
historic features and QHZHQHUJ\HႈFLHQW+9$&V\VWHP. The addition will house
forty-six family units, computer labs for the residents, commercial kitchen,
DGPLQLVWUDWLYHVSDFHIRUVWDႇDQGSURYLGHUVRXWGRRUSOD\JURXQGDQGUHFUHDWLRQDO
space, age appropriate indoor recreation space, homework/study lounge for
residents and other amenities.
The Oyster Adams ES HVAC Upgrades and Interior Renovations
Washington, DC - Role in the project: MEP Project Manager
Chiaramonte was hired to provide all necessary services, design coordination,
supervision, labor, materials, and equipment as required to replace the HVAC
V\VWHPEDVHGRQWKH'UDZLQJVDQG6SHFL¿FDWLRQVDW2\VWHU$GDPV%LOLQJXDO
Educational Campus, located at 2020 19th Street NW, Washington, DC 20008.
Scope of work includes : 1)Improve temperature, humidity, and energy control
in the school by installing a new, fully commissioned HVAC system. 2)Upgrade
lighting and attic structural integrity as part of the HVAC project, in accordance
ZLWKWKH'UDZLQJVDQG6SHFL¿FDWLRQV*RDOVRIWKHSURMHFWLVLPSURYH+9$&
operation and adjacent lighting at the building. Project Cost $8,200,000
The work divided into three Phases: (i) the Pre-Construction Phase; (ii) the
Construction Phase I (Summer 2019); (iii) the Construction Phase II (Summer
2020).
Page - 39
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ROSS ELEMENTARY SCHOOL –F IELD IMRROVEMENTS RESUME ¨1
Mary Marcinko, RLA, ISA
Landscape Architect
Ms. Marcinko is a landscape designer focused on site and landscape design for community
centers, parks and recreation facilities, public facilities, educational facilities, campuses,
plazas, historic districts, public courtyards, demonstration gardens, student and community
gardens, green roofs, green infrastructure, native plantings, streetscapes, children’s gardens,
community planning, and building-related landscape design. She is familiar with cutting edge
strategies to manage the built and natural environments and is a proponent of using green
infrastructure approaches for stormwater management. Ms. Marcinko has prepared design
and construction documents for several DGS projects with routine coordination with state,
local, and federal agencies, including DOEE, DCRA, DDOT, UFA, and DC HPO.
RREPRESENTATIVEE PROJECTS
Palisadess Communityy Centerr Playy Areaa Renovationn –– Washington,, DC:: Provided landscape plans
associated with the Palisades Play Area renova tion, including a Native-American themed play
area, basketball courts, ADA access, spray pa rk, community gardens, skate park, exercise
equipment, and a picnic shelter.
Emeryy Recreationn Centerr –– Washington,, DC: Provided site construction documents and
landscape plans for the outdoor renovation at Emery Recreation Center play area, including
two new playgrounds, ADA access, picnic shelter area, entrance plaza, exercise equipment,
interpretive signage, and associated planting areas. A central synthetic turf berm was
constructed with embankment slides and a perimeter tricycle path. A custom poured-in-place
surface was provided in conjunction with protection of mature trees within the play area.
Ronn Brownn Collegee Preparatoryy Schooll – Washington,, DC:: Landscape Architect for the phased
renovation of Ron Brown Preparatory School, the first all-male High School in the District. The
project included an entrance plaza, courtyard with seating, planting, and outdoor charging
stations, rear terraced courtyard, ADA access, multiple bioretention facilities, basketball
courts, fencing, community garden, and access pathways to connect the route of pedestrians
taking public transportation and the adjacent recreation center. Ongoing coordination with
DGS, DOEE, and DCRA is being provided during design and construction.
Randalll Recreationn Centerr –– Washington,, DC: Landscape Architect for improvements to the
Randall Recreation Center entry plaza and play areas. The current asphalt plaza was
demolished to create a more welcoming plaza incorporating gathering areas, site amenities,
new lighting, multiple planting beds, and 2-5 and 5-12-year-old play areas.
Simonn Elementaryy Schooll –– Washington,, DC: Landscape Architect for construction documents
for the $2.5 million low-impact development (LID ) play area. Improvem ents included a dry
river swale, educational cistern and water feature, permeable paving, bioswales, bioretention
facilities, stormwater features, pedestrian bridges, amphitheater seating, observation deck,
new fencing, multiple playground areas, paving elements, site amenities, and plantings.
Fortt Greblee Recreationn Centerr –– Washington,, DC: Providing site and landscape design for the
new net zero building including entry plaza, orchard area, and community garden. The scope
of improvements also includes walkways, ADA access, and green wall.
Rooseveltt Highh Schooll –– Washington,, DC: Landscape Architect for the $110M renovation and
modernization of the 331,900 SF Roosevelt High School. A new entry plaza, ADA access,
gathering plaza and amphitheater, playground, teaching garden, and 18 bioretention facilities
were designed. Landscape planting over the 16.5-acre site was coordinated with DOEE, DDOT,
UFA, the local Ward Arborist, and DCRA during design and construction.
Firm
AMT LLC
Education
BLA, 2008, Landscape
Architecture, University of
Maryland
Registration
Registered Landscape Architect:
MD (#3799)
Certified Arborist ISA (#MA-
5128A)
Green Roof Professional (GRHC)
Years of Experience
Total: 14 With Firm: 8

MASTER RESUME ¨ 1
Carlos Ostria, PE
Managing Director
Mr. Ostria is a senior civil engineering profe ssional with more than 30 years of experience
leading large, multidiscipline teams delivering major projects in land development,
transportation, and infrastructure improvemen ts. He routinely serves in senior roles
responsible for team leadership, client relations, schedule and budget management, contract
management, quality assurance, and engagement with project stakeholders. Mr. Ostria has
been integral to major contracts and programs employing both design /build and traditional
delivery, demonstrating his experience effect ively working with A/E firms and contractors
alike.

REPRESENTATIVE PROJECTS
Wisconsin Place Transit-Oriented Development – Chevy Chase, MD: Principal-in-Charge of
planning, civil engineering, and surveying services for an eight-acre (entire city square) mixed-
use transit-oriented development adjacent to the Friendship Heights Metro Station. The site
incorporates 300,000 square feet of retail in cluding a new Bloomingdales Department Store
and a Whole Foods Market, 450,000 square feet of office, 300,000 square feet of residential,
a 17,200 square foot community center, and a 1,600-space parking garage.
Fort Stanton Recreation Center, Washington, DC: Principal-in-Charge, responsible for civil
engineering design development and delivery wi th architectural design phases. The design
services included work through approved technical plans and related technical items to the
permit expediter based on comments from WASA and other respective agencies. Supervised
the effort for stormwater and erosion sediment control, grading, the public space plan, and
the traffic control plan. Coordination was required with DCRA, Public Space, DDOT and DOEE.
1616 Rhode Island Ave nue – Washington, DC: Civil Engineer for a 12-story, mixed-use
retail/commercial/residential building with a rooftop garden. Desi gn included rooftop
detention system for stormwater management as well as site improvements consisting of
grading, utilities and alley modifications.
Hyde-Addison Elementary School Modernization and Addition (DC DGS), Washington, DC:
Associate-in-Charge for civil and survey services for modernization of the existing 20,000-sf
school and construction of a new 9,500-sf ad dition. AMT LLC led services that include
coordination of topographic survey, EISF prep aration, and development of site, utility,
erosion/sediment control, and stormwater management plans through final design.
Additional services include shop drawing revi ews and RFI responses during construction, as
well as coordination and design to address a drainage relief issue.
Adelaide Davis Elementary School Elevator Addition for Swing Space – Washington, DC ::
Civil Associate in Charge for the Design/Build te am to oversee the design and construction of
a new elevator addition at the Adelaide Davis E.S. in SE Washington DC. The new elevator
addition was constructed to provide ADA access to the second and third floor of the existing
school. The project also included other school site improvements to upgrade the playground
equipment and improve the bus/vehicle drop off areas in the parking lot.
1900 Chapman Avenue, Rockville, MD: Principal-in-Charge of civil engineering services for
this transit-oriented residential development serving the housing requirements of Rockville’s
work-force with multi-family rental housin g. Led engineering services for stormwater
management, water and sewer de sign, sediment and erosion control, utility coordination,
and NRI/FSD.

Firm
AMT LLC
Education
MS, 1983, Engineering, the
Catholic University of America
BS, 1982, Civil Engineering,
University of Maryland
Registrat ions
Professional Engineer: DC, DE,
MD, NC, PA, SC, TN, VA and WV
Years of Experience
Total: 33 With Firm: 4

DC DGS CAROLINA PARK MODERNIZATION 1
Jose Soliz
Civil Engineering
Mr. Soliz has 37 years of design and construction experience in site engineering throughout
the Washington, DC area. Projects he’s managed have included schools, redevelopments,
hotels, office buildings, recreation centers, public and commercial buildings, roadways and
parking, utilities, drainage sy stems, environmental controls including SWM and E/S control,
water and sewer systems, permitting, archaeological coordination, and construction phase
services. Beyond typical day-to-day management of civil projects, he serves as a liaison
between clients and various federal, state and local agencies relative to the preparation and
acquisition of permits including DC Water, DDOE, the DCRA Permits office, and DDOT. Mr.
Soliz is an experienced leader of DGS/DPR Park and Recreation projects, and with his team of
licensed professionals in civil engineering, surveying and landscape architecture, is well
suited to manage AMT’s services for this project.
REPRESENTATIVE PROJECTS
SSimonn Elementaryy Schooll LIDD Playy Areaa –– Washington,, DC:: Project Manager leading civil and
landscape design and supporting services as part of the design/build team constructing a new
low-impact development (LID) play area at Simon Elementary School. The improvements
required for the play area to have a very large bio-retention system (one of the largest in the
DC Area) to be constructed. The project included a walking bridge, flood plain coordination,
Observation Deck, Walking Trail and other environmentally sensitive elements for educational
purposes. Mr. Soliz led development of Final site development, SWM and ESC, and landscape
architecture plans and details; provided construction administration; and managed
supplemental arborist report, traffic control, survey, and SUE services.
Palisadess Communityy Centerr Playy Areaa Renovationn (Design-Build),, Washington,, DC:: Project
Manager for site improvements to the Palisades Play Area, including a Native-American
themed play area, basketball courts, ADA access, spray park, community gardens, skate park,
exercise equipment, and picnic shelter. Included the installations of utilities around existing
trees which were vital to the community to remain in place and be protected. The adjoining
SWM systems were enhanced to improve the water quality conditions for runoff that entered
the facility. Mr. Soliz’s community engagements was critical for the success of this project.
Fortt Daviss Recreationn Centerr Parkk Improvements,, Washington,, DC: Project Manager leading
civil engineering services for approximately $4M in improvements at the Fort Davis Recreation
Center, including new equipment and safety surfacing for 5-12 and 2-5-year-old play areas,
adult fitness equipment, splash park, plaza, outdoor amphitheater, seating area, pavilion,
perimeter fencing, walkway, driveway, sidewalk, ADA, and parking lot improvements. Mr. Soliz
is leading development of site grading, utilities, storm drainage, stormwater, and water/sewer
utilities plans. This includes necessary coordination with DDOE, DC Water, DDOT, and
DPR/DGS for reviews and approvals, such as the EISF and DDOT public space permit.
Construction phase services include RFI assistance, shop drawing review, construction site
inspections, and related meetings.
Eatonn Elementaryy Schooll Playy Areaa Renovations,, Washington,, DC:: Senior Project Manager for
the site improvements which included coordination of an educational Nature Walk along the
perimeter of the school property, playground area, playground equipment, basketball courts,
seating areas, Stormwater management, landscape features, wrought iron perimeter fencing,
synthetic grass field, and ADA Accessibility. Attended community hearings and meetings to
display illustrative plans with interpretive signage for the Nature Walk trail.
Otherr DGS/DPRR Parkss off Mentionn inn Washington,, DC:: Mr. Soliz was the Senior Project Manager
for Fort Greble Park and Play; Bald Eagle Recreation Center; Emery Recreation Center; Randall
Recreation Center; Watkins Field; along with many others recreation parks in the DC area.
Firm
AMT LLC
Education
AutoCAD Drafting Institute
Years of Experience
Total: 37 With Firm: 12

Mr. Mehrdad has over thirty years of experience in HVAC engineering and significant project manager experience. Mr.
Mehrdad specializes in the HVAC design as well as fire protection and plumbing engineering design. Mr. Mehrdad has
comprehensive experience in design, contract documents and construction observation for thru small to large scale
projects. Mr. Mehrdad is the Principal of MC Engineers.
SELECT EXPERIENCE
AMIDON BOWEN
Washington, DC | DC DGS | $500,000 | 3.450 SF
Principal in Charge with MC Engineers..
INDIAN CREEK MIDDLE SCHOOLS
Indian Creek, MD
Principal in charge and quality control. Work was completed in 2020 with a construction cost of
$13.5 M.
4300 12TH ST SE PERMANENT SUPPORTIVE HOUSING
Washington, DC
Principal in charge and quality Control. Work was completed in 2019 with a construction cost of
$8.5 M.
THE WHARF, PIER 4
Washington, DC
Principal in charge. The project involves complete demolition of existing Pier level building and providing
a three story structure. MC ENGI NEERS is providing engineering services for the core & shell as well as
the tenant fit-out work.
HOLY TRINITY UPPER & LOWER SCHOOLS
Washington, DC
Principal in charge and quality control. Work was completed in 2015 with a construction cost of
$8.5 M.
TWO RIVERS CHARTER SCHOOL
Washington, DC
Principal in charge and quality control. Work was completed in 2015 with a construction cost of
$9.6 M. MC ENGI NEERS provided MEP and fire protection engineering for this phased renova-
tion project. The first phase involved 48,000 square feet of school, comprised of a classrooms,
Multi-Purpose rooms, Administrative offices, warming kitchen and an Auditorium. The project is
seeking LEED gold rating. New variable refrigerant volume (VRV ) air conditioning system with Ded-
icated Outside Air System (DOAS) was provided
MAYA ANGELOU PUBLIC CHARTER SCHOOL
Washington, DC
Principal in charge and quality control. Work was completed in 2014 with a construction cost of
$14 M.
FORT DAVIS RECREATION CENTER
Washington, DC
Principal in charge and quality control. Work was completed in 2014 with a construction cost of
$3.4 M. MC ENGIN EERS Provided MEP engineering services to assess and renovate the MEP
GUS MEHRDAD, PE
MC Engineers, Inc, Lead Mechanical Engineer
EDUCATION
University of Colorado, Master of
Science; Mechanical Engineering, 1983
University of Colorado, Bachelor
of Science; Mechanical
Engineering, 1980
EXPERIENCE
30+ Y ears
PROFESSIONAL LICENSES
Professional Engineer-DC, Virginia,
Maryland, West Virginia
Certified in Plumbing Engineering LEED
2.0 Accredited Professional
PROFESSIONAAFFILIATIONS
American Society of Heating,
Refrigeration, and Air-Conditioning
Engineers, ASHRAE
American Society of Plumbing
Engineers, ASPE
WORKLOAD OVER THE NEXT 2
YEARS
Work load over the next two years is at
80% capacity.
Page - 46
Mr. Chau has over fourteen years of experience in HVAC engineering experience. Mr. Chau has comprehensive experience
in design, contract documents and construction observation for educational facility. Mr. Chau is also proficient in energy
simulation and optimizing HVAC system design.
SELECT EXPERIENCE
AMIDON BOWEN
Washington, DC | DC DGS | $500,000 | 3.450 SF
Mechanical Engineer with MC Engineers..
INDIAN CREEK MIDDLE SCHOOLS
Indian Creek, MD
Mechanical Engineering. Work was completed in 2020 with a construction cost of $13.5 M.
4300 12TH ST SE PERMANENT SUPPORTIVE HOUSING
Washington, DC
Mechanical Engineering. Work was completed in 2019 with a construction cost of $8.5 M.
TWO RIVERS CHARTER SCHOOL
Washington, DC
Mechanical Engineering. Work was completed in 2015 with a construction cost of $9.6 M. MC
ENGINEERS provided MEP and fire protection engineering for this phased renovation project. The
first phase involved 48,000 square feet of school, comprised of a classrooms, Multi-Purpose rooms,
Administrative offices, warming kitchen and an Auditorium. The project is seeking LEED gold rating.
New variable refrigerant volume (VRV ) air conditioning system with Dedicated Outside Air System
(DOAS) was provided.
SLIGO MILL ROAD
Washington, DC
Mechanical Engineering. MC EN GINEERS is providing MEP and fire protection engineering
services for these new 44 condominiums and four 3-story townhomes.
VERIZON CENTER
Washington, DC
Mechanical Engineering. MC EN GINEERS provided MEP design services for renovation of
approximately 16,000 SF of floor area on the event floor of the Verizon Center in Washington
DC. The renovation involved complete repositioning of VIP lounge, VIP Family Lounge, food and
beverage services and press offices
HON CHAU, PE
MC Engineers, Inc, Mechanical Engineer
EDUCATION
University of T exas, Mechanical
Engineering, Bachelor of Science, 2006.
EXPERIENCE
15+ Y ears
PROFESSIONAL LICENSES
Professional Engineer-T exas
Professional Engineer-MD
WORKLOAD OVER THE NEXT 2
YEARS
Work load over the next two years is at
80% capacity.
Page - 47

EXHIBIT G
DAVIS BACON ACT WAGE DETERMINATION AND TITLE 29 CFR
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 1/6
"General Decision Number: DC20250003 01/10/2025
Superseded General Decision Number: DC20240003
State: District of Columbia
Construction Type: Residential
County: District of Columbia Statewide.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 2/6
* ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 10.19+a
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ELEV0010-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 54.77 37.885+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly rate
for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
PLUM0005-009 08/01/2024
Rates Fringes
PLUMBER..........................$ 28.45 14.36+a
a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
----------------------------------------------------------------
PLUM0602-009 08/01/2024
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation)....................$ 52.27 23.79+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
* SUDC2009-004 05/27/2009
Rates Fringes
BRICKLAYER.......................$ 20.71 0.00
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 3/6

CARPENTER, Including Drywall
Hanging..........................$ 17.43 ** 2.37

CEMENT MASON/CONCRETE FINISHER...$ 18.72 0.00

DRYWALL FINISHER/TAPER...........$ 15.00 ** 0.00

ELECTRICIAN......................$ 19.93 3.11

LABORER: Common or General......$ 12.54 ** 0.00

LABORER: Mason Tender for
pointing, caulking, cleaning
of existing masonry, brick,
stone and cement structures
(restoration work); excludes
pointing, caulking and
cleaning of new or
replacement masonry, brick,
stone and cement.................$ 12.59 **

PAINTER: Brush and Roller.......$ 15.32 ** 5.15

POINTER, CAULKER, CLEANER,
Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
work); excludes pointing,
caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.33

ROOFER...........................$ 26.33 0.00

SHEET METAL WORKER...............$ 18.33 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 4/6
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 5/6
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 6/6
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"

1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 1/6
"General Decision Number: DC20250003 01/10/2025
Superseded General Decision Number: DC20240003
State: District of Columbia
Construction Type: Residential
County: District of Columbia Statewide.
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 2/6
* ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 10.19+a
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ELEV0010-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 54.77 37.885+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly rate
for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
PLUM0005-009 08/01/2024
Rates Fringes
PLUMBER..........................$ 28.45 14.36+a
a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
----------------------------------------------------------------
PLUM0602-009 08/01/2024
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation)....................$ 52.27 23.79+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
* SUDC2009-004 05/27/2009
Rates Fringes
BRICKLAYER.......................$ 20.71 0.00
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 3/6

CARPENTER, Including Drywall
Hanging..........................$ 17.43 ** 2.37

CEMENT MASON/CONCRETE FINISHER...$ 18.72 0.00

DRYWALL FINISHER/TAPER...........$ 15.00 ** 0.00

ELECTRICIAN......................$ 19.93 3.11

LABORER: Common or General......$ 12.54 ** 0.00

LABORER: Mason Tender for
pointing, caulking, cleaning
of existing masonry, brick,
stone and cement structures
(restoration work); excludes
pointing, caulking and
cleaning of new or
replacement masonry, brick,
stone and cement.................$ 12.59 **

PAINTER: Brush and Roller.......$ 15.32 ** 5.15

POINTER, CAULKER, CLEANER,
Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
work); excludes pointing,
caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.33

ROOFER...........................$ 26.33 0.00

SHEET METAL WORKER...............$ 18.33 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
1/14/25, 4:22 PM SAM.gov
https://sam.gov/wage-determination/DC20250003/1 4/6
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
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classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
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Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"

EXHIBIT H
DESIGN BUILDER’S DESIGNATED REPRESENTATIVE
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
Design Builder’s Designated Representative
Fr
ank Chiaramonte
President
Chiaramonte Construction Company
2260 Minnesota Avenue, SE
Washington, DC 20020
rank@cc-builder.com
202-538-7835

EXHIBIT I
DEPARTMENT’S DESIGNATED REPRESENTATIVE
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

Department’s Designated Representative
Eric Njonjo
Acting Chief Procurement Officer/ Deputy Chief Procurement Officer
Contracts and Procurement Division
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019
eric.njonjo@dc.gov

EXHIBIT J1
STANDARD CONTRACT PROVISIONS (CONSTRUCTION CONTRACT)
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
Standard Contract Provisions - Page 1 of 24
District of Columbia Department of General Services
Standard Contract Provisions
GENERAL P
ROVISIONS
(Construction Contract)
ARTICLE 1. DEFINITIONS
A. “Government” as used herein means the District of Columbia Department of General Services,
(DGS) that is a party to a contract.
B. “Executive” as used herein means the elected head of the Government as set forth in [Public Law
93-198 dated December 24, 1973, Title 4, Part B, Section 422(1)] (Or relevant local law).
C. “Contracting Officer” as used herein means the Government official authorized to
execute and administrate the Contract on behalf of the Government. Within DGS, the Director is
the Chief Contracting Officer. The Director ma y make delegations of procurement authority to
additional contracting officers within DGS.
D. “Contract Documents” or “Contract” as used herein means Addenda, Contract Form, Standard
Contract Provisions, Instructions to Bidders, General Provisions, Labor Provisions, Performance
and Payment Bonds, Specifications, Special Pr ovisions, Contract Drawings, approved written
Change Orders and Agreements required to acc eptably complete the Contract, including
authorized extensions thereof.
ARTICLE 2. SPECIFICATIONS AND DRAWINGS—The Contractor shall keep on the work site a copy of
Contract drawings and specifications and shall at al l times give the Contracting Officer access thereto.
Anything mentioned in the specifications and not s hown on the Contract drawings, or shown on the
Contract drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned
in both.
There shall be no change orders or equitable adjustments for work related to items appearing in either the
Contract drawing or specifications.
All Contract requirements are equally binding. Each Contract requirement, whether or not omitted
elsewhere in the Contract, is binding as though occurri ng in any or all parts of the Contract. In case of
discrepancy:
1. The Co
ntracting Officer shall be promptly notifi ed in writing of any error, discrepancy or
omission, apparent or otherwise.
2. Applica
ble Federal, State, and Municipal Code requirements have priority over: the
Contract fo
rm, General Provisions, Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.
3. The Contract form, Standard
Contract Prov isions, General Provisions and Lab or
Provisio
ns have priority over: Change Or ders, Addenda, Contract drawings, Special
Provisions and Specifications.
4. Cha
nge Orders have priority over: Addenda, Contract drawings and Specifications.
5. Addend
a have priority over: Contract drawin gs, Special Provisions and Specific ations. A
later dated A
ddendum has priority over earlier dated Addenda.
6. Special Provision
s have priority over: Contract drawings and other specifications.
Standard Contract Provisions - Page 2 of 24

7. Shown and indicated dimensions have priority over scaled dimensions.

8. Original scale drawings and details have prio rity over any other different scale drawings
and details.

9. Large scale drawings and details have priority over small scale drawings and details.

10. Any adjustment by the Contractor without a prior determination by the Contracting Officer
shall be at his own risk and expense. The Contracting Officer will furnish from time to
time such detail drawings and other information as he may consider necessary, unless
otherwise provided.

ARTICLE 3. CHANGES

A. DESIGNATED CHANGE ORDERS —The Contracting Officer may, at any time, without notice to
the sureties, by written order designated or i ndicated to be a change order, make any change in
the work within the general scope of the Contract, including but not limited to changes

1. In the Contract drawings and specifications;

2. In the method or manner of performance of the work;

3. In the Government furnished facilities, equipment, materials or services; or

4. Directing acceleration in the performance of the work.

Nothing provided in this Article shall excuse the Contractor from proceeding with the prosecution
of the work so changed.

B. OTHER CHANGE ORDERS —Any other written order or an oral order (which term as used in this
Section (B) shall include direction, instruction, interpretation, or de termination) from the
Contracting Officer which causes any such change, shall be treated as a Change Order under
this Article, provided that the Contractor gives the Contracting O fficer written notice stating the
date, circumstances and sources of the order a nd that the Contractor regards the order as a
Change Order.

C. GENERAL REQUIREMENTS —Except as herein provided, no orde r, statement or conduct of the
Contracting Officer shall be treated as a change un der this Article or entitle the Contractor to an
equitable adjustment hereunder. If any change under this Article causes an increase or decrease
in the Contractor’s cost of, or the time required for, the performance of any part of the work under
this Contract whether or not changed by any order, an equitable adjustment shall be made and
the Contract modified in writing accordingly; prov ided, however, that except for claims based on
defective specifications, no claim for any change under (B) above shall be allowed for any cost
incurred more than 20 days before the Contractor gives written notice as therein required unless
this 20 days is extended by the Contracting Officer a nd provided further, that in case of defective
drawings and specifications, the equitable adjustment shall include any increased cost
reasonably incurred by the Contractor in attempti ng to comply with such defective drawings and
specifications.

If the Contractor intends to assert a claim for an equitable adjustment under this Article, he must,
within 30 days after receipt of a written Change Order under (A) above or the furnishing of a
written notice under (B) above, s ubmit to the Contracting Officer a written statement setting forth
the general nature and monetary extent of such claim, unless this period is extended by the
Contracting Officer. The statement of claim he reunder may be included in the notice under (B)
above.
Standard Contract Provisions - Page 3 of 24

With respect to the notification requirements hereunder, time is of the essence. A failure to
provide timely notice constitutes wa iver of the claim. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after final payment under the Contract.

D. CHANGE ORDER BREAKDOWN —Contract prices shall be used for Change Order work where
work is of similar nature; no other costs, overhead or profit will be allowed.

Where Contract prices are not appropriate and the nature of the change is known in advance of
construction, the parties shall attempt to agree on a fully justifiable price adjustment and/or
adjustment of completion time.

When Contract prices are not appropriate, or t he parties fail to agree on equitable adjustment, or
in processing claims, equitable adjustment for Change Order work shall be per this Article and
Article 4 and shall be based upon the breakdown shown in following subsections 1. through 7.
The Contractor shall assemble a complete cost breakdown that lists and substantiates each item
of work and each item of cost.

1. Labor —Payment will be made for direct labor cost plus indirect labor cost such as
insurance, taxes, fringe benefits and welf are provided such costs are considered
reasonable. Indirect costs shall be itemized and verified by receipted invoices. If
verification is not possible, up to 18 percent of direct labor costs may be allowed. In
addition, up to 20 percent of direct plus indi rect labor costs may be allowed for overhead
and profit.

2. Bond —Payment for additional bond cost will be made per bond rate schedule submitted
to the Office of Contracting and Procurement with the executed Contract.

3. Materials —Payment for cost of required materials w ill be F.O.B. destination (the job site)
with an allowance for overhead and profit.

4. Rented Equipment —Payment for required equipment rented from an outside company
that is neither an affiliate of, nor a subsidiary of, the Contractor will be based on receipted
invoices which shall not exceed rates given in the current edition of the Rental Rate Blue
Book for Construction Equipment published by Data Quest. If actual rental rates exceed
manual rates, written justification shall be furnished to the Contracting Officer for
consideration. No additional allowance will be made for overhead and profit. The
Contractor shall submit written certification to the Contracting Officer that any required
rented equipment is neither owned by nor rented from the Contractor or an affiliate of or
subsidiary of the Contractor.

5. Contractor’s Equipment — Payment for required equipmen t owned by the Contractor or
an affiliate of the Contractor will be based sole ly on an hourly rate derived by dividing the
current appropriate monthly rate by 176 hours. No payment will be made under any
circumstances for repair costs, freight and transportation charges, fuel, lubricants,
insurance, any other costs and expenses, or overhead and profit. Payment for such
equipment made idle by delays attributable to the Government will be based on one-half
the derived hourly rate under this subsection.

6. Miscellaneous —No additional allowance will be made for general superintendence, use
of small tools and other costs for which no specific allowance is herein provided.

Standard Contract Provisions - Page 4 of 24

7. Subcontract Work —Payment for additional necessary subcontract work will be based
on applicable procedures in 1. through 6., to which total additional subcontract work up to
an additional 10 percent may be allowed for the Contractor’s overhead and profit.

ARTICLE 4. EQUITABLE ADJUSTMENT OF CONTRACT TERMS

The Contractor is entitled to an equitable adjustment of the contract terms whenever the following
situations develop:

A. DIFFERING SITE CONDITIONS:

1. During the progress of the work, if subsurface or latent physical conditions are encountered
at the site differing materially from those indicated in the contract or if unknown physical
conditions of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the work provided for in the contract, are encountered at
the site, the Contractor, upon discovering such conditions, shall promptly notify the
Contracting Officer in writing of the specific differing conditions before they are disturbed and
before the affected work is performed.

2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she
determines that the conditions materially differ and cause an increase or decrease in the cost
or time required for the performance of any work under the contract, an adjustment, excluding
loss of anticipated profits, will be made and the contract modified in writing accordingly. The
Contracting Officer will notify the Contractor of his/her determination whether or not an
adjustment of the contract is warranted.

3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the
Contractor has provided the required written notice; a failure to notify the Contracting Officer
of the changed conditions prior to work being disturbed by said conditions shall constitute a
permanent waiver of all right to compensation related to the changed conditions by the
Contractor.

4. No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.

B. SUSPENSION OF WORK ORDERED BY THE CONTRACTING OFFICER:

1. If the performance of all or any portion of the work is suspended or delayed by the
Contracting Officer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the Contractor believes that
additional compensation and/or contract time is due as a result of such suspension or delay,
the Contractor shall submit to the Contracting Officer in writing a request for equitable
adjustment within seven (7) calendar days of receipt of the notice to resume work. The
request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the Contracting Officer will evaluate the Contractor’s request. If the Contracting
Officer agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by conditions
beyond the control or and not the fault of the contractor, its suppliers, or subcontractors at
any approved tier, and not caused by weather, the Contracting Officer will make an
adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting
Officer will notify the Contract of his/her determination whether or not an adjustment of the
contract is warranted.

3. No contract adjustment will be allowed unless the Contractor has submitted the request for
adjustment within the time prescribed; a failure to submit a request for adjustment in the time
Standard Contract Provisions - Page 5 of 24
prescribed shall constitute waiver of all right to compensation related to the suspension of
work by the Contractor.
4. No contra
ct adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustment is provided
for or excl
uded under any other term of condition of this contract.
C.
SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
1. The Co
ntracting Officer reserves the right to make, in writing, at any time during the work,
su
ch changes in quantities and such alterations in the work as are necessary to satisfactorily
compl
ete the project. Such changes in quantities and alterations shall not invalidate the
contract no
r release the surety, and the Contractor agrees to perform the work as altered.
2. If the alterations or
changes in quantities significantly change the character of the work under
the cont
ract, whether or not changed by any such different quantities or alterations, an
adju
stment, excluding loss of anticipated profits, will be made to the contract. The basis for
the adju
stment shall be agreed upon prior to the performance of the work. If a basis cannot
be agreed u
pon, then an adjustment will be made either for or against the Contractor in such
amount a
s the Contracting Officer may determine to be fair and reasonable.
3. If the alterations or
changes in quantities significantly change the character of the work to be
perfo
rmed under the contract, the altered work will be paid for as provided elsewhere in the
contract.
4. The term “sig
nificant change” shall be construed to apply only to the following circumstances:
a. Whe
n the character of the work as altered differs materially in kind or nature from that
involved or in
cluded in the original proposed construction; or
b. Whe
n an item of work is increased in excess of 125 percent or decreased below 75
percent of the
original contract quantity. Any allowance for an increase in quantity
shall a
pply only to that portion in excess of 125 percent of original contract item
quantity, or in the case of a decrea
se below 75 percent, to the actual amount of work
perfo
rmed.
ARTICLE 5. TERMINATION
TERMINATION GENERALLY- Termination, whether for default or convenience, is not a Government
claim. The Contracting Officer may terminate a contract for default, in whole or in part, if the termination
is in the best interests of the Government, and the Contractor does any of the following:
(a) Fails to deliver the goods or complete the work or services within t he time specified in the
contract or any modification;
(b) Fails to make sufficient progress on contract performance so as to endanger performance of the
contract within the time specified or in the manner specified in the contract;
(c) Fails or refuses to go forward with the work in accordance with the direction of the Contracting
Officer;
(d) Expresses through word or conduct an intention not to complete the work in accordance with the
directions of the Contracting Officer;
(e) Fails to perform any of the ot her provisions of the contract;
(f) Materially deviates from the representations and capabilities set fort h in the Contractor’s
response to the solicitation.
A termination for default is a final decision of a Contract ing Officer. In order to contest a termination for
default, the Contractor must submit a certified request to convert the termination for default to a
termination for convenience with all documents suppor ting such conversion and co mply with all contract
Standard Contract Provisions - Page 6 of 24

provisions and laws relating to terminations for convenience, including the submission of a certified
termination for convenience settlement proposal. The submission of the certified request for conversion to
a termination for convenience and certified terminat ion settlement proposal to the Contracting Officer
must occur prior to 90 days from the date of the Contracting Officer’s final decision.

DELAYS—If the Contractor refuses or fails to prosecut e the work, or any separable part thereof, with
such diligence as will insure its co mpletion within the time specified in the Contract, or any extension
thereof, or fails to complete said wo rk within specified time, the Government may, by written notice to the
Contractor, terminate his right to proceed with the work or such part of the work involving the delay. In
such event the Government may take over the work and prosecute the same to completion, by contract or
otherwise, and may take possession of and utilize in completing the work such materials, appliances, and
plant as may have been paid for by the Government or may be on the site of the work and necessary
therefore. Whether or not the Cont ractor’s right to proceed with the work is terminated, he and his
sureties shall be liable for any liabilit y to the Government resulting from his refusal or failure to complete
the work within the specified time.

If fixed and agreed liquidated damages are provided in the Contract and if the Government does not so
terminate the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages
until the work is completed and accepted.

The Contractor’s right to proceed shall not be so te rminated nor the Contractor charged with resulting
damage if:

1. The delay in the completion the work arises fr om unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including but not re stricted to acts of God, acts
of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of
another contractor in the performance of a contract with the Government, fires, floods, epidemics,
quarantine restrictions, st rikes, freight embargoes, climatic conditions beyond the normal which
could be anticipated, or delays of subcontractors or suppliers arising from unforeseeable causes
beyond the control and without the fault or negl igence of both the Contractor and such
subcontractors or suppliers (the term subcontra ctors or suppliers shall mean subcontractors or
suppliers at any tier); and

2. The Contractor, within 72 hours from the beginnin g of any such delay, (unless the Contracting
Officer grants a further period of time before the date of final payment under the Contract) notifies
the Contracting Officer in writing of the causes of delay.

The Contracting Officer shall asce rtain the facts and the extent of the delay and extend the time far
completing the work when, in his judgment, the findings of fact justify such an extension, and his findings
of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein.

If, after notice of termination of the Co ntractor’s right to proceed under the provisions of this Article, it is
determined for any reason that the Cont ractor was not in default under the provisions of this Article, or
that the delay was excusable under the provisions of th is Article, the rights and obligations of the parties
shall be in accordance with Article 6 herein. Failure to agree to any such adjustment shall be a dispute
concerning a question of fact within the meaning of Article 7 herein.

The rights and remedies of the Government provided in this Article are in addition to any other rights and
remedies provided by law or under the Contract.

The Government may, by written notice, terminate the Contract or a portion ther eof as a result of an
Executive Order of the President of the United States with respect to the prosecution of war or in the
interest of national defense. When the Contract is so terminated, no claim for loss of anticipated profits
will be permitted.

ARTICLE 6. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
Standard Contract Provisions - Page 7 of 24

A. The performance of work under the Contract may be terminated by the Government in
accordance with this Article in whole, or in part, whenever the Contracting Officer shall
determine that such termination is in the best interest of the Government. Any such termination
shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent
to which performance of work under the Contra ct is terminated, and the date upon which such
termination becomes effective.

B. After receipt of a Notice of Termination, and ex cept as otherwise direct ed by the Contracting
Officer, the Contractor shall:

1. Stop work under the Contract on the date and to the extent specified in the Notice of
Termination.

2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract as is not
terminated.

3. Terminate all orders and subcontracts to the ex tent that they relate to the performance of
work terminated by the Notice of Termination.

4. Assign to the Government, in the manner, at the times, and to the extent directed by the
Contracting Officer, all of the right, title and in terest of the Contractor under the orders and
subcontracts so terminated, in which case the Government shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.

5. Settle all outstanding liabilities and all claims aris ing out of such termination of orders or
subcontracts, with the approval or ratification of the Contracting Officer to the extent he may
require, which approval or ratification shall be final for all purposes of this Article.

6. Transfer title to the Government and deliver in the manner, at the times, and to the extent, if
any, directed by the Contracting Officer
:
a. The fabricated or unfabricated parts, work in progress, completed work, supplies, and
other material procured as a part of, or acquired in connection with, the performance
of the work terminated by the Notice of Termination, and

b. The completed, or partially completed plans, drawings information and other property
which, if the Contract bad been completed, would have been required to be furnished
to the Government.

7. Use his best efforts to sell, in the manner, at the terms, to the extent, and at the
price or prices directed or authorized by the Contracting Officer, any property of the
types referred to in 6 above provided, however, that the Contractor:

a. Shall not be required to extend credit to any purchaser, and

b. May acquire any property under the condition s prescribed and at a price or prices
approved by the Contracting Officer, and

c. Provided further, that the proceeds of any such transfer or disposition shall be applied
in reduction of any payments to be made by the Government to the Contractor under
the Contract or shall otherwise be credited to the price or cost of the work covered by
the Contract or paid in such other manner as the Contracting Officer may direct.

Standard Contract Provisions - Page 8 of 24

8. Complete performance of such part of the work as shall not have been terminated by the
Notice of Termination.

9. Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract which is in the
possession of the Contractor and in which the Government has or may acquire an
interest.

10. The Contractor shall proceed immediately with the performance of the above
obligations notwithstanding any delay in determi ning or adjusting the cost, or any item of
reimbursable cost, under this Article.

11. “Plant clearance period” means, for each particular property classification (such as
raw materials, purchased parts and work in progress) at any one plant or location, a
period beginning with the effective date of the termination for convenience and ending 90
days after receipt by the Contracting Officer of acceptable inventory schedules covering
all items of that particular property classificati on in the termination inventory at that plant
or location, or ending on such later date as may be agreed to by the Contracting Officer
and the Contractor. Final phase of a plant clearance period means that part of a plant
clearance period which occurs alter the receipt of acceptable inventory schedules
covering all items of the particular property classification at the plant or location.

At any time after expiration of the plant clearance period, as defined above, the Contractor
may submit to the Contracting Officer a list, ce rtified as to quantity and quality, of any or
all items of termination inventory not prev iously disposed of, exclusive of items the
disposition of which has been directed or aut horized by the Contracting Officer, and may
request the Government to remove such items or enter into a storage agreement covering
them. Not later than 15 days thereafter, the Government will accept title to such items and
remove them or enter into a storage agreem ent covering the same; provided, that the list
submitted shall be subject to verification by the Contracting Officer upon removal of the
items or, if the items are stored, within 45 days from the date of submission of the list, and
any necessary adjustments to correct the list as submitted, shall be made prior to final
settlement.

C. After receipt of a Notice of Termination, the C ontractor shall submit to the Contracting Officer
his termination claim, in the form with the cert ification prescribed by the Contracting Officer.
Such claim shall be submitted promptly but in no event later than 90 days from the effective
date of termination, unless one or more extensio ns in writing are granted by the Contracting
Officer upon request of the Contractor made in writing within such 90 day period or authorized
extension thereof. In the event the Contractor was te rminated for default and it asserts that it is
entitled to a termination for convenience, its cert ified request for the conv ersion of the default
termination to one for convenience and its cert ified termination settlement proposal must be
submitted to the Contracting Officer prior to the expiration of 90 days from the date of the
default termination. With respect to a terminat ion for convenience, if the Contracting Officer
determines that the facts justify such action, he may receive and act upon any such termination
claim at any time after such 90 day period or extension thereof. Nothing herein shall be
construed to extend the time for the submission of a claim hereunder for a defaulted Contractor
beyond 90 days from the date of the default termi nation. Upon failure of the Contractor to
submit his termination claim within the time allowed, the Contracting Officer may, subject to any
review required by the Government’s procedures in effect as of the date of execution of the
Contract, determine, on the basis of information av ailable to him, the amount, if any, due to the
Contractor by reason of the termination and sha ll thereupon pay to the Contractor the amount
so determined.

D. Subject to the provisions of C above, and subjec t to any review required by the Government’s
procedures in effect as of the date of executio n of the Contract, the Contractor and Contracting
Standard Contract Provisions - Page 9 of 24

Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor by reason of the total or partial term ination of work pursuant to this Article, which
amount or amounts may include a reasonable allowanc e for profit on work done; provided, that
such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further reduced
by the Contract price of work not terminated. The Contract shall be amended accordingly, and
the Contractor shall be paid the agreed amount. Nothing in E below prescribing the amount to
be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to
agree upon the whole amount to be paid to the Cont ractor by reason of the termination of work
pursuant to this Article, shall be deemed to limi t, restrict or otherwise determine or effect the
amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this
paragraph.

E. In the event of the failure of t he Contractor and the Contracting Officer to agree as provided in
D above upon the whole amount to be paid to the Contractor by reason of the termination of
work pursuant to this Article, the Contracting Officer shall, subject to any review required by the
Government’s procedures in effect as of the date of execution of t he Contract, determine, on
the basis of information available to him, the amount, if any, due the Contractor by reason of
the termination and shall pay to the Contractor the amounts determined by the Contracting
Officer, as follows, but without duplication of any amounts agreed upon in accordance with D
above:

1. With respect to all Contract work performed prior to the effective date of the Notice of
Termination, the total (without duplication of any items) of:

a. The cost of such work;

b. The cost of settling and paying claims arising out of the termination of
work under subcontracts or orders as provided in B 5. above, exclusive
of the amounts paid or payable on account of supplies or materials
delivered or services furnished by the subcontractor prior to the
effective date of the Notice of Term ination of work under the Contract,
which amounts shall be included in the cost on account of which
payment is made under E1.a. above; and

c. A sum, as profit on E.1.a. above, determined by the Contracting
Officer to be fair and reasonable; prov ided however, that if it appears
that the Contractor would have sust ained a loss on the entire Contract
had it been completed, no profit sha ll be included or allowed under this
subparagraph and an appropriate adjustment shall be made reducing
the amount of the settlement to reflect the indicated rate of loss; and
provided further that profit shall be allowed only on preparations made
and work done by the Contractor fo r the terminated portion of the
Contract but may not be allowed on the Contractor’s settlement
expenses. Anticipatory profits and consequential damages will not be
allowed. Any reasonable method may be used to arrive at a fair profit,
separately or as part of the whole settlement.

2. The reasonable cost of the preservation and protection of property incurred
pursuant to B.9; and any other reasonable cost incidental to termination of work
under the Contract including expense incidental to the determination of the
amount due to the Contractor as the result of the termination of work under the
Contract.

F. The total sum to be paid to me Contractor under E.1. above shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further
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reduced by the Contract price of work not terminated. Except for normal spoilage, and
except to the extent that the Government shall have otherwise expressly assumed the risk
of loss, there shall be excluded from the amounts payable to the Contractor under
E.1. above, the fair value, as determined by the Contracting Officer, of property which
is destroyed, lost, stolen or damaged so as to become undeliverable to the Government, or
to a buyer pursuant to B.7 above.

G. The Contractor shall have the right of appeal, under Article 7 herein, from any
determination made by the Contracting Officer un der C. or E. above, except that, if the
Contractor has failed to submit his claim within the time provided in C above and has failed to
request extension of such time, he shall have no such right of appeal. In any case where the
Contracting Officer has made a determination of the amount due under C. or E. above, the
Government shall pay to the Contractor the following:

1. If there is no right of appeal hereunder or if no timely appeal has been taken, the
amount so determined by the Contracting Officer, or

2. If an appeal had been taken, the amount finally determined on such appeal.

H. In arriving at the amount due the Contractor under this Article there shall be deducted:

1. all unliquidated advance or other payments on account theretofore made to the
Contractor, applicable to the terminated portion of the Contract;

2. any claim which the Government may have against the Contractor in connection with
the Contract; and

3. the agreed price for, or the proceeds of sale of, any materials, supplies or other things
kept by the Contractor or sold, pursuant to the provisions of this Article and not
otherwise recovered by or credited to the Government.

I. If the termination hereunder be partial, prior to the settlement of the terminated portion of the
Contract, the Contractor may file with the C ontracting Officer a request in writing for an
equitable adjustment of the price or prices specif ied in the Contract relating to the continued
portion of the Contract (the portion not termi nated by the Notice of Termination), and such
equitable adjustment as may be agreed upon shall be made at such price or prices; however,
nothing contained herein shall limit the right of the Government and the Contractor to agree
upon the amount or amounts to be paid to the Co ntractor for the completion of the continued
portion of the Contract when said Contract does not contain an established Contract price for
such continued portion.

J. The Government may from time to time, under such terms and conditions as it may prescribe,
make partial payments against costs incurred by the Contractor in connection with the
terminated portion of the Cont ract whenever in the opinion of the Contracting Officer the
aggregate of such payments shall be within t he amount to which the Contractor will be
entitled hereunder. If the total of such payments is in excess of the amount finally agreed or
determined to be due under this Article, such ex cess Shall be payable by the Contractor to
the Government upon demand, together with intere st computed at the rate of 6 percent per
annum for the period from the date such excess is received by the Contractor to the date on
which such excess is repaid to the Government; provided however, that no interest shall be
charged with respect to any such excess payment attributable to a reduction in the
Contractor’s claim by reason of retention or other disposition of termination inventory until ten
days after the date of such retention or dispos ition, or such later date as determined by the
Contracting Officer by reason of the circumstances.

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K. Unless otherwise provided in the Contract or by applicable statute, the Contractor, from the
effective date of termination and for a period of three years after final settlement under the
Contract, shall preserve and make available to the Government at all reasonable times at the
office of the Contractor, but without direct charge to the Government, all his books, records,
documents and other evidence bearing on the costs and expenses of the Contractor under
the Contract and relating to the work terminated hereunder, or, to the extent approved by the
Contracting Officer, photographs and other authentic reproductions thereof.

ARTICLE 7. DISPUTES

A. All disputes arising under or relating to this contract shall be resolved as provided herein.
B. Claims by a Contractor against the Government.
(1) Claim, as used in Section B of this clause, m eans a written assertion by the Contractor seeking,
as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) All claims by a Contractor against the Government arising under or relating to a contract shall be
in writing and shall be submitted to the Contracting Officer for a decision.
(b) Within 120 days after receipt of a claim, the Contracting Officer shall issue a decision, whenever
possible taking into account factors such as the size and complexity of the claim and the
adequacy of the information in support of the claim provided by the Contractor.
(c) Any failure by the Contracting Officer to iss ue a decision on a contract claim within the required
time period shall be deemed to be a denial of the claim and shall authorize the commencement of
an appeal on the claim as otherwise provided.
(d) (1) If a Contractor is unable to support any part of his or her claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of the
Contractor, the Contractor shall be liable to the Government for an amount equal to the
unsupported part of the claim in addition to all costs to the Government attributable to the cost of
reviewing that part of the Contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the
misrepresentation of fact or fraud.
(e) All cost data, pricing data, and task data of claims hereunder must be certified as accurate,
complete, required, and necessary to the best of the Contractor’s knowledge and belief. Further,
all task or work data in the claim must be described therein to the smallest unit of work or task.
The Contracting Officer may require any additional certifications, descriptions or explanations of
the claim.
(f) The parties agree that time is of the essenc e and all claims hereunder must be presented to the
Contracting Officer for a final decision within thirty (30) days of the occurrence of the
circumstances giving rise to such claim or within thirty (30) days of when the Contractor knew or
should have known of the circumstances giving rise to such claim, otherwise compensation for
that claim is waived.
(g) The parties agree that there shall be no claims for unabsorbed home office overhead.

(2) The Contractor’s claim shall contain at least the following:
(a) A description of the claim and the amount in dispute;
(b) Any data or other information in support of the claim;
(c) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(d) The Contractor’s request for relief or other action by the Contracting Officer.
(e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim.

(3) The decision of the Contracting Officer sha ll be final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the Contractor.
(4) Pending final decision of an appeal, action, or final settlement, a Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the Contracting Officer.
C. Claims by the Government against a Contractor
Standard Contract Provisions - Page 12 of 24

(a) Claim as used in Section C of this clause, means a written demand or written assertion by the
Government, including the Contracting Officer, seeking, as a matter of right, the payment of money in a
sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A
claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be
construed to require the Government to notify the Contractor prior to the issuance of the Contracting
Officer’s final decision.
(b) (1) All claims by the Government against a Contractor arising under or relating to a contract shall be
decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision
to the Contractor.
(2) The decision shall be supported by reasons and shall inform the Contractor of his or her rights.
Specific findings of fact shall not be required.
(3) This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
(4) The decision of the Contracting Officer shall be final and not subject to review unless an administrative
appeal or action for judicial review is timely commenced by the Contractor.
(5) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently
with performance of the contract in accordance with the decision of the Contracting Officer.

ARTICLE 8. PAYMENTS TO CONTRACTOR —Unless otherwise provided in the Contract, the
Government will pay the contract price or prices as hereinafter provided in accordance with Government
regulations.

The Government will make progress payments monthl y as the work proceeds, or at more frequent
intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer.
The Contractor shall furnish a breakdown of the total Contract price showing the amount included
therein for each principal category of the work, in such detail as requested, to provide a basis for
determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion,
may authorize material delivered on the site and preparatory work done to be taken into consideration.
Material delivered to the Contractor at locations other than the site may also be taken into consideration:

1. If such consideration is specifically authorized by the Contract;

2. If the Contractor furnishes satisfactory evidence that he has acquired title to such material, that it
meets Contract requirements and that it will be utilized on the work covered by the Contract; and

3. If the Contractor furnishes to the Contracting Officer an itemized list.

The Contracting Officer at his/her discretion shall cause to be withheld retention in an amount sufficient
to protect the interest of the Government. Unless otherwise agreed, the amount shall not exceed ten
percent (10%) of the partial payment. However, if the Contracting Officer, at any time after 50 percent of
the work has been completed, finds that satisfactory progress is being made, he may authorize any of
the remaining progress payments to be made in full or may retain from such remaining partial payments
less than 10 percent thereof. Also, whenever work is substantially complete, th e Contracting Officer, if
he considers the amount retained to be in excess of the amount adequate fo r the protection of the
Government, at his discretion, may release to the C ontractor all or a porti on of such excess amount.
Furthermore, on completion and acceptance of each sepa rate building, public work, or other division of
the Contract, on which the price is stated separate ly in the Contract, payment may be made therefore
without retention of a percentage, less authorized deductions.

All material and work covered by progress payments made shall thereupon become the sole property of
the Government, but this provision shall not be cons trued as relieving the Contractor from the sole
responsibility for all material and work upon which payments have been made or the restoration of any
damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of
the Contract.

Standard Contract Provisions - Page 13 of 24

Upon completion and acceptance of all work, the amount due the Contractor under the Contract shall be
paid upon presentation at a properly executed voucher and after the Contractor shall have furnished the
Government with a release, if required, of all clai ms against the Government arising by virtue of the
Contract, other than claims in stated amounts as may be specifically excepted by the Contractor from
the operation of the release.

ARTICLE 9. TRANSFER OR ASSIGNMENT —Unless otherwise provided by law, neither the Contract
nor any interest therein may be transferred or assigned by the Contractor to any other party without the
written consent of the Contracting Officer nor with out the written acceptance by the surety on the
performance and payment bond securing the Contract of the assignee as the Contractor and the
principal on such bond; and any attempted transfer or assignment not authorized by this Article shall
constitute a breach of the Contract and the Government may for such cause terminate the right of the
Contractor to proceed in the same manner as provi ded in Article 5 herein, and the Contractor and his
sureties shall be liable to the Government for any excess cost occasioned the Government thereby.

ARTICLE 10. MATERIAL AND WORKMANSHIP

A. GENERAL —Unless otherwise specifically provided in the Contract, all equipment, material and
articles incorporated in the work covered by t he Contract shall be new and of the most suitable
grade for the purpose intended. Unless otherwise specifically provided in the Contract, reference
to any equipment, material, article or patented pr ocess, by trade name, make or catalog number,
shall be regarded as establishing a standard of quality and shall not be construed as limiting
competition., and the Contractor may use any equipment, material, article or process which, in
the judgment of the Contracting Officer, is equi valent to that named unless otherwise specified.
The Contractor shall furnish to the Contract ing Officer for his approval the name of the
manufacturer, the model number, and other i dentifying data and information respecting the
performance, capacity, nature and rating of the mechanical and other equipment which the
Contractor contemplates incorporating in the work. Machinery and equipment shall be in proper
condition. When required by the Contract or when called for by the Contracting Officer, the
Contractor shall furnish to the Contracting Offi cer for approval full information concerning the
material or articles which he contemplates inco rporating in the work. When so directed, samples
shall be submitted for approval at the Contract or’s expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles instal led or used without required approval shall be
at the risk of subsequent rejection and subject to satisfactory replacement at Contractor’s
expense.

B. SURPLUS MATERIALS USE —Whenever specified in the Contract or authorized by the
Contracting Officer that materials become the property of the Contractor, which by
reference or otherwise shall include disposal of materials, it is understood that the
Contractor accepts such materials “as is” with no further expense or liability to the Government. If
such material specified in the Contract will have a potential or real interest of value, the
Contractor shall make allowance in the Contract to show such value.

C. GOVERNMENT MATERIAL —No materials furnished by the Government shall be applied to any
other use, public or private, than that for which they are issued to the Contractor. The full amount
of the cost to the Government of all materials fu rnished by the Government to the Contractor and
for which no charge is made, which are not accounted for by the Contractor to the satisfaction of
the Contracting Officer, will be charged against the Contractor and his sureties and may be
deducted from any monies due the Contractor, and th is charge shall be in addition to and not in
lieu of any other liabilities of t he Contractor whether civil or cr iminal. Materials furnished by the
Government for which a charge is made at a rate mentioned in the specifications will be delivered
to the Contractor upon proper requisitions therefore and will be charged to his account.

D. Plant —The Contractor shall at all times employ sufficient tools and equipment for prosecuting
the various classes of work to full completion in the manner and time required. The Contractor
shall at all times perform work in sufficient light and shall prov ide proper illuminat ion, including
Standard Contract Provisions - Page 14 of 24

lighting required for night work as directed, as a Contract requirement. All equipment, tools,
formwork and staging used on the project shall be of sufficient size and in proper mechanical and
safe condition to meet work requirements, to produce satisfactory work quality and to prevent
injury to persons, the project or adjacent property. When methods and equipment are not
prescribed in the Contract, the Contractor is fr ee to use tools, methods and equipment that he
satisfactorily demonstrates will accomplish the work in conformity with Contract requirements.

If the Contractor desires to use a method or type of tool or equipment other than specified in the
Contract, he shall request approval to do so; the request shall be in writing and shall include a full
description of proposed methods, tools and equipm ent and reason for the change or substitution.
Approval of substitution s and changed method s will be on condition that the Contractor will be
fully responsible for producing work meeting Co ntract requirements. If after trial use of the
substituted methods, tools and equipment, the Contracting Officer determines that work produced
does not meet Contract requirements, the Cont ractor shall complete remaining work with
specified methods, tools and equipment.

E. CAPABILITY OF WORKERS- All work under the C ontract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require the Contractor to remove from the
work any such employees as the Contracting Officer deems incompetent, careless,
insubordinate, or otherwise objectionable, or whose continued employment on the work is
deemed by the Contracting Officer to be contrary to the public interest. Such request will be in
writing:

F. CONFORMITY OF WORK AND MATERIALS —All work performed and materials and products
furnished shall be in conformity, within indicated tolerances, with lines, grades, cross sections,
details, dimensions, material and construction re quirements shown or intended by the drawings
arid specifications.

When materials, products or work cannot be correc ted, written notice of rejection will be issued.
Rejected materials, products and work shall be eliminated from the project and acceptably
replaced at Contractor’s expense. The Contracting Officer’s failure to reject any portion of the
project shall not constitute implied acceptance nor in any way release the Contractor from
Contract requirements.

G. UNAUTHORIZED WORK AND MATERIALS —Work performed or materials ordered or
furnished for the project deviating from requirem ents and specifications without written authority,
will be considered unauthorized and at Contractor’s expense. The Government is not obligated to
pay for unauthorized work. Unauthorized work and materials may be ordered removed and
replaced at Contractor’s expense.

ARTICLE 11. INSPECTI ON AND ACCEPTANCE —Except as otherwise prov ided in the Contract,
inspection and test by the Government of materi al and workmanship required by the Contract shall be
made at reasonable times and at the site of the work, unless the Contracting Officer determines that such
inspection or test of material which is to be inco rporated in the work shall be made at the place of
production, manufacture or shipment of such material. To the extent specified by the Contracting Officer
at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as
to whether the material involved conforms to Contract requirements. Such off-site inspection or test shall
not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in
any way affect the continuing rights of the Government after acceptance of the completed work under the
terms of the last paragraph of this Article, except as herein above provided.

The Contractor shall, without c harge, replace any material and correct any workmanship found by the
Government not to conform to Contract requirements and specifications, unless in the public interest the
Government consents to accept such material or workmanship with an appropriate adjustment in Contract
price. The Contractor shall prompt ly segregate and remove rejected material from the premises at
Contractor’s expense.
Standard Contract Provisions - Page 15 of 24

If the Contractor does not promptly replace reject ed material or correct rejected workmanship, the
Government:

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

2. May terminate the Contractor’s right to proceed in accordance with Article 5 herein.

The Contractor shall furnish promptly, without addi tional cost to the Government, all facilities,
labor and material reasonably needed for performing such safe and convenient inspection and
test as may be required by the Contracting Office r. All inspections and tests by the Government
shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and
performance tests shall be performed as descri bed in the Contract. The Contractor shall be
charged with any additional cost of inspection when material and workmanship are not ready for
inspection at the time specified by the Contractor.

Should it be considered necessary or advisable by the Contracting Officer at any time before
acceptance of the work, either in part or in its entirety, to make an examination of work
completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all
necessary facilities, labor and material to do same. If such work is found to be defective or
nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he
shall defray all the expenses of such examination and of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, an equitable adjustment shall be
made in the Contract price to compensate the Contractor for the additional services involved in
such examination and reconstruction and, if completion of the work has been delayed thereby, he
shall, in addition, be granted an equitable extension of time.

Unless otherwise provided in the Contract, acceptance by t he Government will be made as
promptly as practicable after completion and insp ection of all work required by the Contract.
Acceptance shall be final and conclusive except as regards to latent defects, deficiencies, non-
conforming work, fraud, or such gross mistakes as may amount to fraud, or as regards the
Government’s rights under any warranty or guaranty, or as otherwise provided herein.

ARTICLE 12. SUPERINTENDENCE BY CONTRACTOR —The Contractor shall give his personal
superintendence to the performance of the work or have a competent foreman or superintendent,
satisfactory to the Contracting Office r, on the work site at all times du ring progress, with authority to act
for him.

ARTICLE 13. PERMITS AND RESPONSIBILITIES —The Contractor shall, without expense to the
Government, be responsible for obtaining any necessa ry licenses, certificates and permits, and for
complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection
with the prosecution of the work. He shall be similarl y responsible for all damages to persons or property
that occurs as a result of his fault or negligence. He shall take proper safety, health and environmental
precautions to protect the work, the workers, the p ublic, and the property of others. He shall also be
responsible for all materials delivered and work perf ormed until completion and acceptance of the entire
construction work, except for any completed unit of construction thereof which theretofore may have been
accepted.

ARTICLE 14. INDEMNIFICATION—

A. The Contractor shall indemnify and save harmless the Government and all of its officers, agents
and servants against any and all claims or liability arising from or based on, or as a consequence
or result of, any act, omission or default of the Co ntractor, his employees, or his subcontractors,
in the performance of, or in connection with, any work required, contemplated or performed under
the Contract.
Standard Contract Provisions - Page 16 of 24

B. Disputes between the Contractor and any subcontra ctors, material suppliers, or any other third
parties over payments allegedly owed by the Cont ractor to a third party shall be resolved
exclusively between the Contractor and the th ird party; the Contractor shall permit no pass-
through suits to be brought against the Government by a third party in the Contractor’s name.
However, nothing herein shall be construed to prevent the Contractor from paying a
subcontractor’s claim and seeking a timely equitable adjustment hereunder.

ARTICLE 15. PROTECTION AGAINST TRESPASS —Except as otherwise ex pressly provided in the
Contract, the Contractor is authorized to refuse admiss ion either to the premises or to the working space
covered by the Contract to any person whose admission is not specifically author ized in writing by the
Contracting Officer.

ARTICLE 16. CONDITIONS AFFECTING THE WORK

A. GENERAL —The Contractor shall be responsible for having taken steps reasonably
necessary to ascertain the nature and location of the work, and the general and local conditions
which can affect the work and the cost thereof. Any failure by the Contractor to do so will not
relieve him from responsibility for successfully pe rforming the work as specified without additional
expense to the Government. The Government assumes no responsibility for any understanding or
representation concerning conditions made by any of its officers or agents prior to the execution of
the Contract, unless such understanding or represen tation by the Government is expressly stated
in the Contract.

B. WORK AND STORAGE SPACE —Available work and storage space designated by the
Government shall be developed as required by the Contract or restored at completion of the
project by the Contractor to a condition equivalent to that existing prior to construction. No payment
will be made for furnishing or rest oration of any work and storage space. If no area is designated
or the area designated is not sufficient for the Co ntractor’s operations, he shall obtain necessary
space elsewhere at no expense or liability to the Government.

C. WORK ON SUNDAYS, LEGAL HOLIDAYS AND AT NIGHT —No work shall be done at any time
on Sundays or legal holidays or on any other day be fore 7 a.m. or after 7 p.m., except with the
written permission of the Contracting Officer and pursuant to the requirements of the Police
Requirements of the Government.

D. EXISTING FEATURES —Subsurface and topographic informati on including borings data, utilities
data and other physical data contained in the Cont ract or otherwise available, are not intended as
representations or warranties but are furnish ed as available information. The Government
assumes no expense or liability for the accuracy of, or interpretations made from, existing features.
The Contractor shall be responsible for reasonabl e consideration of existing features above and
below ground which may affect the project.

E. UTILITIES AND VAULTS —The Contractor shall take necessar y measures to prevent interruption
of service or damage to existing utilities within or adjacent to the project. It shall be the Contractor’s
responsibility to determine exact locations of all utilities in the field.

For any underground utility or v ault encountered, the Contractor shall immediately notify the
Contracting Officer and take necessary measures to protect the utility or vault and maintain the
service until relocation by owner is accomplished. No additional payment will be made for the
encountering of these obstructions.

In case of damage to utilities by the Contractor, ei ther above or below ground, the Contractor shall
restore such utilities to a condit ion equivalent to that which existed prior to the damage by
repairing, rebuilding or otherwise restoring as may be directed, at the Cont ractor’s sole expense.
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Damaged utilities shall be repaired by the Contractor or, when directed by the Contracting Officer,
the utility owner will make needed repairs at the Contractor’s expense.

No compensation, other than authorized time ex tensions, will be allowed the Contractor for
protective measures, work interruptions, changes in construction sequence, changes in methods of
handling excavation and drainage or changes in types of equipment used, made necessary by
existing utilities, imprecise utility or vault inform ation or by others perf orming work within or
adjacent to the project.

F. SITE MAINTENANCE —The Contractor shall maintain the project site in a neat and presentable
manner throughout the course of all operations, and shall be responsible for such maintenance
until final acceptance by the Government. Tras h containers shall be furnished, maintained and
emptied by the Contractor to t he satisfaction of the Contracting Officer. Excavated earthwork,
stripped forms and all other materials and debris not scheduled for reuse in the project shall be
promptly removed from the site.

The Contracting Officer may order t he Contractor to clean up the proj ect site at any stage of work
at no added expense to the Government If the Cont ractor fails to comply with this order, the
Contracting Officer may require the work to be d one by others and the costs will be charged to the
Contractor.

Upon completion of all work and prior to final in spection, the Contractor shall clean up and remove
from the project area and adjacent areas all exce ss materials, equipment, temporary structures,
and refuse, and restore said areas to an acceptable condition.

G. PRIVATE WORK —Except as specifically authorized by th e Contracting Officer, the Contractor
shall not perform any private work abutting Governm ent projects with any labor, materials, tools,
equipment, supplies or supervision scheduled for the Contract until all work under the Contract has
been completed. Contract materials used for any unauthorized purpose shall be subtracted from
Contract amount.

H. GOVERNMENT NOISE CONTROL ACT OF 1977 —The contractor shall be in strict compliance
with [D.C. Law 2-53, Government of Columbia Noise Control Act of 1977 and all provisions thereof.
Effective March 16, 1978. 24 D.C.Register 5293.] (Or relevant local law)

ARTICLE 17. OTHER CONTRACTS —The Government may undertake or award other contracts for
additional work and the Contractor shall fully coope rate with such other contractors and Government
employees and carefully coordinate his own work with such additional work as may be directed by the
Contracting Officer. It is the duty of the Contractor to coordinate its activities with all third parties,
including, but not limited to utilities, who may affect the Contract work hereun der. The Contractor shall
not commit or permit any act which will interfere with the performance of work by any other contractor or
by Government employees. The Government assumes no liability, other than authorized time extensions,
for Contract delays and damages resu lting from delays and lack of prog ress by others. The Contractor
shall make no claim against the Government for dela y or damages resulting from the actions of third
parties, including, but limited to utilities.

ARTICLE 18. PATENT INDEMNITY —Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employees against liability, including costs and expenses,
for infringement upon any Letters Patent of the Un ited States (except Letters Patent issued upon an
application which is now or may hereafter be, for r easons of national security, ordered by the Federal
Government to be kept classified or otherwise withheld from issue) arising out of the performance of the
Contract or out of the use or disposal, by or for t he account of the Government, of supplies furnished or
construction work performed hereunder.

ARTICLE 19. ADDITIONAL BOND SECURITY —If any surety upon any bond furnished in connection
with the Contract becomes unacceptable to the Governmen t, or if any such surety fails to furnish reports
Standard Contract Provisions - Page 18 of 24

as to his financial condition from time to time as requested by the Government, the Contractor shall
promptly furnish such additional security as may be requi red from time to time to protect the interests of
the Government and of persons supplying labor or materi als in the prosecution of the work contemplated
by the Contract. Provided that upon the failure of the Contractor to furnish such additional security within
ten (10) days after written notice so to do, all pay ments under the Contract will be withheld until such
additional security is furnished.

ARTICLE 20. COVENANT AGAINST CONTINGENT FEES —The Contractor warrants that no person or
selling agency has been employed or retained to solicit or secure the Contract upon an agreement or
understanding for a commission, percentage, br okerage or contingent f ee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violati on of this warranty, the Government shall have the
right to terminate the Contract without liability or in its discretion to deduct fr om the Contract price or
consideration, or otherwise recover, the full amou nt of such commission, percentage, brokerage or
contingent fee.

ARTICLE 21. APPOINTMENT OF ATTORNEY —The Contractor does hereby irrevocably designate and
appoint the Clerk of the Superior Court of the Governm ent and his successors in office as the true and
lawful attorney of the Contractor for the purpose of receiving service of all not ices and processes issued
by any court in the Government, as well as service of all pleadings and other papers, in relation to any
action or legal proceeding arising out of or pertaining to the Contract or the work required or performed
hereunder.

The Contractor expressly agrees that the validity of any service upon t he said Clerk as herein authorized
shall not be affected either by the fact that the Contra ctor was personally within the District of Columbia
and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact
that the Contractor failed to receiv e a copy of such process, notice, pleading or other paper so served
upon the said Clerk, provided that sa id Clerk shall have deposited in t he United States mail, certified and
postage prepaid, a copy of such process, notice, ple ading or other papers addressed to the Contractor at
the address stated in the Contract.

ARTICLE 22. GRATUITIES AND GOVERNMENT EMPLOYEES NOT TO BENEFIT

A. If it is found by the Department that gratuities (in the form of entertainment, gifts, payment, offers
of employment or otherwise) were offered or given by the Contractor, or any agent or
representative of the Contractor, to any official, employee or agent of the District with a view
toward securing the Contract or any other contract or securing favorable treatment with respect to
the awarding or amending, or the making of any determinations with respect to the performance
of the Contract, the Department may, by written notice to the Contractor, terminate the right of the
Contractor to proceed under the Contract wit hout liability and may pursue such other rights and
remedies provided by law and under the Contract.

B. In the event the Contract is terminated as provided above, the Department shall be entitled:

1. to pursue the same remedies against the Cont ractor as it could pursue in the event of a
breach of the Contract by the Contractor; and

2. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary
damages in an amount (as determined by the Department) which shall be not less than ten
times the costs incurred by the Contractor in pr oviding any such gratuities to any such officer
or employee.

C. Unless a determination is made as provided herein, no officer or employee of the Government will
be admitted to any share or part of this contract or to any benefit that may arise therefrom, and
any contract made by the Contracting Officer or any Government employee authorized to execute
contracts in which they or an em ployee of the Government will be personally interested shall be
Standard Contract Provisions - Page 19 of 24

void, and no payment shall be made thereon by the Government or any officer thereof, but this
provision shall not be construed to extend to this contract if made with a corporation for its
general benefit. A Government employee shall not be a party to a contract with the Government
and will not knowingly cause or allow a busines s concern or other organization owned or
substantially owned or controlled by the employ ee to be a party to such a contract, unless a
written determination has been made by the hea d of the procuring agency that there is a
compelling reason for contracting with the em ployee, such as when the Government’s needs
cannot reasonably otherwise be met. [DC Procur ement Practices Act of l985, D.C. Law 6-85,
D.C. Official Code, section 2-310.01, and Chapt er 18 of the DC Personnel Regulations] (Or
relevant local law). The Contractor represents and covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contractor further covenants not to employ any
person having such known interests in the performance of the contract.

ARTICLE 23. WAIVER —No Governmental waiver of any breach of any provision of the Contract shall
operate as a waiver of such provisi on or of the Contract or as a waiv er of subsequent or other breaches
of the same or any other provision of the Contract; nor shall any action or non-action by the Contracting
Officer or by the Government be construed as a waiver of any provision of the C ontract or of any breach
thereof unless the same has been expressly declared or recognized as a waiver by the Contracting
Officer or the Government in writing.

ARTICLE 24. BUY AMERICAN.

The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. § 10a), including, but
not limited to, the purchase of steel.

A. AGREEMENT— In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order
10582. December 17, 1954 (3 CFR, 1954-58 Co mp., p. 230), as amended by Executive Order
11051, September 27,1962 (3 CFR, l059—63 Comp ., p. 635), the Contractor agrees that only
domestic construction material will be used by the Contractor, subcontractors, material men and
suppliers in the performance of the Contract, except for non-domestic material listed in the
Contract.

B. DOMESTIC CONSTRUCTION MATERIAL —”Construction material” means any article, material
or supply brought to the construction site for incorporation in the building or work. An
unmanufactured construction material is a “domestic construction material” if it has been mined or
produced in the United States. A manufactured c onstruction material is a “domestic construction
material” if it has been manufactured in the United States and if the cost of its components which
have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. “Component” means any article, material, or supply directly incorporated in
a construction material. -

C. DOMESTIC COMPONENT —A component shall be considered to have been “mined, produced,
or manufactured in the United States” regardless of it s source, in fact, if the article, material or
supply in which it is incorporated was manufactured in the United States and the component is of
a class or kind determined by the Government to be not mined, produced or manufactured in the
United States in sufficient and reasonably avail able commercial quantities and of a satisfactory
quality.

D. FOREIGN MATERIAL – When steel materials are used in a project a minimal use of foreign steel
is permitted. The cost of such materials c annot exceed on-tenth of one percent of the total
project cost, or $2,500,000, whichever is greater.

ARTICLE 25. TAXES

Standard Contract Provisions - Page 20 of 24
A. FEDERAL EXCISE —Materials, supplies and equipment are not subject to the Federal
Manufacturer’s Excise Tax, if they are furnished or used in connection with the Contract provided
that title to such materials, supplies and equi pment passes to the Government under the
Contract. The Contractor shall in such cases fu rnish his subcontractors and suppliers with a
purchaser’s certificate in the form prescribed by the U.S. Internal Revenue Service.
B. SALES AND USE TAXES —Materials which are physically incorporated as a permanent part of
real property are not subject to Government Sa les and Use Tax. The Contractor shall, when
purchasing such materials, furnish his suppliers wi th a Contractor’s Exempt Purchase Certificate
in the form prescribed in the Sales and Use Tax Regulations of the Government. Where the
Contractor, subcontractor or material man has already paid the Sales and Use Tax on material,
as prescribed above, the Sales and Use Tax Regulations of the Government permit the
Contractor, subcontractor or material man to deduct the sales or use tax on the purchase price of
the same on his next monthly return as an adjustment. However, the Contractor, subcontractor or
material man must satisfy the Chief Financial Officer for the Government that no sum in
reimbursement of such tax was included in the Contract or else that the Government has
received a credit under the Contract in an amount equal to such tax.
Government Sales and Use Tax shall be paid on any material and supplies, including equipment
rentals, which do not become a physical part of the finished project. [See Government of
Columbia Sales and Use Tax Administration Ruling No. 6] (Or relevant local law).
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
provisions of [D.C. Law 9-260] (Or relevant local law), as amended, codified in [D.C. Code46-103]
(Or relevant local law), Employer Contributions, prior to award.
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
applicable tax filing and licensing requirements set forth in [D.C. Code, Title 47, Taxation and
Fiscal Affairs] (Or relevant local law), prior to contract award.
ARTICLE 26. SUSPENSION OF WORK —The Contracting Officer may order the Contractor in writing to
suspend, delay or interrupt all or any part of the work for such period of time as he may determine to be
appropriate for the convenience of the Government.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed or interrupted by an act of the Contracting Officer in the administration of the Contract, or by his
failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time),
an adjustment will be made for an increase in the cost of performance of the Cont ract (excluding profit)
necessarily caused by such unreasonable suspension, delay or inte rruption and the Contract modified in
writing accordingly. However, no adjustment will be m ade under this Article for any suspension, delay or
interruption to the extent:
1. That perfo
rmance would have been so suspe nded, delayed or interrupted by an y other
cau
se, including the fault or negligence of the contractor, or
2. For
which an equitable adjustment is provi ded or excluded under any other provision of
the Contract.
No claim under this Article shall be allowed:
1. For
any costs incurred more than 20 days before the Contractor shall have notified the
Contracting Officer in writing of the act or failure to act involved (but this requirement shall
no apply as to a claim resulting from a suspension order), and
Standard Contract Provisions - Page 21 of 24
2. Unle ss the claim, in an amount stated, is asse rted in writing as soon as practicabl e after
the termin
ation of such suspension, delay, or interruption, but not later than the date of
final payment under the Contract.
ARTICLE 27. SAFETY PROGRAM
A. GENERAL —In order to provide safety controls for the protection of the life and health of
Government and Contract employees and the gen eral public; prevention of damage to property,
materials, supplies, and equipment; and for avoidance of work interruptions in the performance of
the Contract, the Contractor shall comply with all applicable Federal and local laws governing
safety, health and sanitation including the Safety Standards, Rules and Regulations issued by the
American National Standards, U. S. Department of Labor, U. S. Department of Health and
Human Services, [D.C. Minimum Wage and Industrial Safety Board] (Or relevant local law) and
the latest edition of “Manual of Uniform Traffic Control Devices” issued by the Federal Highway
Administration.
The Contractor shall also take or cause to be taken such additional safety measures as the
Contracting Officer may determine to be reasonably necessary.
The Contractor shall designate one person to be responsible for carrying out the Contractor’s
obligation under this Article.
The Contractor shall maintain an accurate record of all accidents resulting in death, injury,
occupational disease, and/or damag e to property, materials, supplies, and equipment incident to
work performed under the Contract. Copies of thes e reports shall be furnished to the Contracting
Officer within two working days after occurrence.
The Contracting Officer will notif y the Contractor of any noncompliance with the foregoing
provisions and the action to be taken. The Cont ractor shall, after receipt of such notice,
immediately take corrective action. Such notic e, when delivered to the Contractor or his
representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor
fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part
of the work until satisfactory co rrective action has been taken. No par t of the time lost due to any
such stop orders shall be made the subject of clai m for extension of time or for excess costs or
damages by the Contractor.
This Article is applicable to all subcontractors used under the Contract and compliance with these
provisions by the subcontractors will be the responsibility of the Contractor.
(In Contracts involving work of short duration or of non-hazardous character, the following Section
B. will be deleted by Special Provision)
B. CONTRACTOR’S PROGRAM SUBMISSION—Prior to commencement of the work, the
Contractor shall:
1. Submit in
writing to the Contracting Officer fo r his approval his program for complying with
this Article for accident prevention.
2. Meet
with the Contracting Officer’s Safety Representative a fter submission of the above
program to develop a mutual understanding relative to the adminis tration of the overall safety
prog
ram.
ARTICLE 28. RETENTION OF RECORDS—Unless otherwise provided in the Contract, or by applicable
statute, the Contractor, from the effective date of Contract completion and for a period of three years after
final settlement under the Contract, shall preserve and make available to the Government at all
Standard Contract Provisions - Page 22 of 24

reasonable times at the office of the Contractor but without direct charge to the Government, all his
books, records, documents, and other evidence bearing on the costs and expenses of the Contractor
under the Contract.

ARTICLE 29. RECOVERY OF DEBTS OWED THE GOVERNMENT---The Contractor hereby agrees
that the Government may use all or any portion of any payment, consideration or refund due the
Contractor under the Contract to satisfy, in whole or part, any debt due the Government.

ARTICLE 30. ADMINISTRATIVE LIQUIDATED DAMAGES---In addition to any other liquidated
damages provided for in the Contract, the Contractor hereby agrees that the Government may assess
administrative liquidated damages for the Contractor’s failure to submit when due any deliverable
required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the
administrative liquidated damages shall be $250 per day until the required deliverable is received and
accepted by the Government. The Government’s remedies for failure to comply with the Contract terms
and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the
Government’s ability to terminate the Contractor for the failure to submit Contract deliverables when due.

ARTICLE 31. ANTI-COMPETITIVE PRACTICES AND ANTI-KICKBACK PROVISIONS.

A. The Contractor recognizes the need for markets to operate competitively and shall observe and
shall comply with all applicable law, rules, and regulations prohibiting anti-competitive practices.
The Contractor shall not engage, directly or indirectly, in collusion or other anti-competitive
practices that reduces or eliminates competition or restrains trade. The Department shall report
to the appropriate authority any activity that evidences a violation of the antitrust laws, and take
such other further action to which it is entitled or obligated under the law.

B. The Contractor shall observe and comply with all applicable law, rules, and regulations prohibiting
kickbacks and, without limiting the foregoing, Contractor shall not (i) provide or attempt to provide
or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii)
include, directly or indirectly, the amount of any kickback in the contract price charged by
Contractor or a Subcontractor of the Construction Manager to the Department. The Contractor
shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in this subparagraph in its own operations and direct business relationships.
The Department may take any recourse available to it under the law for violations of this anti-
kickback provision.

C. The Contractor represents and warrants that it did not, directly or indirectly, engage in any
collusive or other anti-competitive behavior in connection with the bid, negotiation or award of the
Contract. Further, the Contractor represents and warrants that it will not either directly or
indirectly, engage in any collusive or other anti-competitive behavior in connection with the
performance and administration of the Contract. In the event the Department determines that
there has been a violation of these provisions, it may terminate the contract without liability.

ARTICLE 32. NON-DISCRIMINATION IN EMPLOYMENT PROVISIONS.

A. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap. The affirmative action shall include, but
not be limited to, the following:

1. Employment, upgrading, or transfer;

2. Recruitment or recruitment advertising;

3. Demotion, layoff, or termination;
Standard Contract Provisions - Page 23 of 24

4. Rates of pay, or other forms of compensation; and
5. Selection for training and apprenticeship.

B. Unless otherwise permitted by law and directed by the Department, the Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.

C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in this Section.

D. The Contractor agrees to send to each labor union or representative of workers with which it has
a collective bargaining agreement, or other contract or understanding, a notice to be provided by
the Department, advising each labor union or workers' representative of the Contractor's
commitments under this Section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.

E. The Contractor agrees to permit access by the Department to all books, records and accounts
pertaining to its employment practices for purposes of investigation to ascertain compliance with
this Section, and shall post copies of the notices in conspicuous places available to employees
and applicants for employment.

F. The Contractor shall include in every subcontract the equal opportunity clauses of this Section so
that such provisions shall be binding upon each Subcontractor or vendor.

G. The Contractor shall take such action with respect to any Subcontractor as the Contracting
Officer may direct as a means of enforcing these provisions, including sanctions for non-
compliance.

ARTICLE 33. ETHICAL STANDARDS FOR DEPARTMENT’S EMPLOYEES AND FORMER
EMPLOYEES---The Department expects the Contractor to observe the highest ethical standards and to
comply with all applicable law, rules, and regulations governing ethical conduct or conflicts of interest.
Neither the Contractor, nor any person associated with the Contractor, shall provide (or seek
reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any employee of
the District or the Department not in conformity with applicable law, rules or regulations. The Contractor
shall not engage the services of any person or persons in the employment of the Department or the
District for any Work required, contemplated or performed under the Contract. The Contractor may not
assign to any former Department or District employee or agent who has joined the Contractor's firm any
matter on which the former employee, while in the employ of the Department, had material or substantial
involvement in the matter. The Contractor may request a waiver to permit the assignment of such matters
to former Department personnel on a case-by-case basis. The Contractor shall include in every
subcontract a provision substantially similar to this section so that such provisions shall be binding upon
each Subcontractor or vendor.

ARTICLE 34. CONSTRUCTION. The Contract shall be construed fairly as to all parties and not in favor
of or against any party, regardless of which party prepared the Contract.

ARTICLE 35. SURVIVAL. All agreements warranties, and representations of the Contractor contained
in the Contract or in any certificate or document furnished pursuant to the Contract shall survive
termination or expiration of the Contract.

ARTICLE 36. REMEDIES CUMULATIVE. Unless specifically provided to the contrary in the Contract,
all remedies set forth in the Contract are cumulative and not exclusive of any other remedy the
Government may have, including, without limitation, at law or in equity. The Government’s rights and
Standard Contract Provisions - Page 24 of 24

remedies will be exercised at its sole discretion, and shall not be regarded as conferring any obligation on
the Government’s to exercise those rights or remedies for the benefit of the Contractor or any other
person or entity.

ARTICLE 37. ENTIRE AGREEMENT; MODIFICATION. The Contract supersedes all contemporaneous
or prior negotiations, representations, course of dealing, or agreements, either written or oral. No
modifications to the Contract shall be effective against the Department unless made in writing signed by
both the Department and the Contractor, unless otherwise expressly provided to the contrary in the
Contract. Nothing herein shall be construed to limit the Department’s right to issue unilateral modifications
to the contract.

ARTICLE 38. SEVERABILITY. In the event any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Contract, and in lieu of each such
invalid, illegal or unenforceable provision, there shall be added automatically as a part of this Contract a
provision as similar in terms to such invalid, illegal or unenforceable provision as may be possible and be
valid, legal and enforceable; each part of this Contract is intended to be severable.

ARTICLE 39. FORCE MAJEURE---If the Contractor, because of Force Majeure, is rendered wholly or
partly unable to perform its obligations when due under this Contract, the Contractor may be excused
from whatever performance is affected by the Force Majeure to the extent so affected. In order to be
excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours
of the occurrence or event, the Contractor must provide the Contracting Officer written notice of its
inability to perform as well as a description of the force majeure and its effect on Contract performance.
The Contracting Officer will have the right to cause the inspection of the work site to determine the validity
of the Contractor’s assertion of its inability to perform. If the Contracting Officer agrees that the
Contractor is wholly or partly unable to perform its obligations under the Contract a decision will be issued
indicating the extent to which the Contractor is excused from its performance obligations. In no event will
the Contractor be entitled to money damages from the Government due to force majeure.

EXHIBIT J2
STANDARD CONTRACT PROVISIONS (ARCHITECTURAL & ENGINEERING
SERVICES)
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
2
ARTICLE 1. DEFINITIONS A. “Architect-Engineer” means the individual, individuals, and or firm identified as the “Architect- Engineer” in the preamble of Contract executed by and between the District and the Architect-Engineer for the Project. B. “Change Order” means a document signed by the District and the Architect-Engineer to authorize an addition, deletion or revision in the services, the Architect-Engineer’s cost of, or the time required for, the performance of any part of the services under the Contract, issued on or after the Effective Date of the Contract. C. “Contract” means the written contract for professional services between the District and the Architect-Engineer, including all exhibits, Standard Contract Provisions, and any duly executed amendments. D. “Contracting Officer” means the District official authorized to execute and administrate the Contract on behalf of the District. Within DGS, the Director is the Chief Contracting Officer. The Director may make delegations of procurement authority to additional contracting officers within DGS. E. “District” means the District of Columbia, Department of General Services, (the “Department” or “DGS”), a party to the Contract. F. “Project” means the District’s project identified in the Contract, of which Architect-Engineer's services under the Contract as a party. G. “Scope of Services” means any and all work done in any and all phases of the Project, pursuant to and as set forth by the Department in the Contract. H. “Day or Days” All references to day or days in these Standard Contract Provisions will be counted based on calendar days not business days. ARTICLE 2. GENERAL A. The Contracting Officer shall have authority to take any action provided for herein on behalf of the District, including approval, certifications, vouchers, acceptance and changes within the Scope of Services. B. The Architect-Engineer’s period of performance shall commence on the effective date as agreed and as specified in the Scope of Services or in each task order issued by the Contracting Officer and ends on the date all required services are satisfactorily completed in accordance with the terms of the Contract and Project close-out documents and all deliverables are delivered to the District. C. All services shall be prosecuted under the direction of a principal officer or responsible representative of the Architect-Engineer, approved by the Contracting Officer. The design of architectural, civil, structural, mechanical, plumbing, electrical, or other engineering features of the Project shall be accomplished in accordance with the terms of the Contract and reviewed and certified in accordance with applicable District of Columbia regulations by architects or engineers registered to practice in the District of Columbia in the particular professional field involved. D. The Architect-Engineer shall furnish sufficient technical, supervisory and administrative personnel
3
to ensure the efficient prosecution of the services in accordance with the approved Project Schedule. E. The Architect-Engineer agrees that duly authorized representatives of the District shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications or other technical or non-technical data, including but not limited to payroll of company personnel, pertaining to the services performed under the Contract. F. The standard of care. The Architect-Engineer, its consultants and subcontractors shall perform the services consistent with the professional skill and care ordinarily provided by members of the same profession currently practicing under similar or same circumstances in the same or similar locality of the Project. The standard of care shall not be altered by the application, interpretation, or construction of this or any other provision of these Standard Contract Provisions or the Contract. ARTICLE 3. PROGRESS SCHEDULES AND REPORTS A. Generally. In addition to the requirements set forth in the Scope of Services and the requirements set forth elsewhere in the Contract, the Architect-Engineer shall furnish progress reports monthly, biweekly and with each payment request, describing accomplishments, decisions and overall progress made during the period covered by the report and including the most recent Project Schedule and as set forth in more detail in this Article 3. B. Monthly Reports. The Architect-Engineer shall provide written reports to the District, at a minimum on a monthly basis on the progress of the Project, including, but not limited to, a baseline schedule and schedule updates with narrative demonstrating the critical path of the services in Primavera format in the latest available version or as designated by the Contracting Officer. The monthly written reports shall also include, at a minimum, the services accomplished, problems encountered, cost updates, an economic inclusion report, cash flow updates, quality assurance reports and other similar relevant data as the District may reasonably require. C. Biweekly Updates. The Architect-Engineer shall also provide written update reports to the District on a biweekly basis, which shall reflect actual conditions of Project progress as of the date of the update. The update shall reflect the actual progress of designs or construction, as the case may be, identify developing delays, regardless of their cause, and reflect the Architect-Engineer's best projection of the actual date by which Substantial Completion and Final Completion of the Project will be achieved. Via a narrative statement (not merely a critical path method schedule), the Architect-Engineer shall identify the causes of any potential delay and state what, in the Architect-Engineer’s judgment, must be done to avoid or reduce that delay. The Architect-Engineer shall point out, in its narrative, changes that have occurred since the last update, including those related to major changes in the Scope of Services, activities modified since the last update, revised projections of durations, progress and completion, revisions to the schedule logic or assumptions, and other relevant changes. Any significant variance from the previous schedule or update shall also be identified in a narrative, together with the reasons for the variance and its impact on Project completion. All schedule updates shall be in the latest version of Primavera format and reasonably acceptable to the District. The District may make reasonable requests during the Project for changes to the format or for further explanation of information provided. Submission of updates showing that Substantial Completion or Final Completion of the Project will be achieved later than the applicable scheduled completion date shall not constitute requests for extension of time and shall not operate to change the scheduled completion date. The District’s receipt of, and lack of objection to, any schedule update showing Substantial Completion or Final Completion later than
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the dates agreed upon shall not be regarded as the District’s agreement that the Architect-Engineer may have an extension of time, or as a waiver of any of the District’s rights, but merely as the Architect-Engineer’s representation that, in the Architect-Engineer's best projection, Substantial Completion or Final Completion of the Project may not be completed by the agreed upon date. Changes to the scheduled completion dates may be made only in the circumstances and only by the methods set forth in the Contract. D. Condition Precedent to Payment. All payments to Architect-Engineer are contingent upon satisfactory performance of the terms and conditions set forth in the Contract as determined by the Contracting Officer. Requisitions for payment shall be accompanied by a Project Progress Report which shall include the information set forth in this Article 3 and a statement indicating the percentage of completion of all required services for the Project. ARTICLE 4. RESPONSIBILITY OF THE ARCHITECT-ENGINEER A. Quality. The Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawing, specifications, and other services furnished. The Architect-Engineer shall, without additional compensation correct or revise any errors or deficiencies in its designs, drawings, specification and other services. B. Scope of Services. The Architect-Engineer shall accomplish the design services required pursuant to the Scope of Services or under each task order. The services, as set forth in the Contract, shall include but are not limited to the services required to enable the District to award the related construction contract pursuant to standard District procedures, for the construction of the facilities designed at a price that does not exceed the estimated construction contract price set forth in the Contract. 1. If bids or proposals are not solicited within 180 days following the District’s acceptance of the services to be provided under the Scope of Services or task order, the Architect-Engineer shall, prepare an estimate of constructing the design submitted and such estimate will be used in lieu of bids or proposals to determine compliance with the funding limitation. 2. If the bids or proposals for the construction contract received exceed such estimated price, the Architect-Engineer shall perform such redesign and other services as are necessary to permit contract award within such funding limitation. Such redesign services shall be performed at no increase in the price of the Contract. However, the Architect-Engineer shall not be required to perform such additional services at no cost to the District if the unfavorable bids or proposals are the results of unforeseeable causes beyond the control and without the fault and negligence of the Architect-Engineer. C. Designing to Budget. The Architect-Engineer shall promptly advise the Contracting Officer if the Architect-Engineer finds that the Project design will exceed or is likely to exceed the funding limitations and the Architect-Engineer is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Architect- Engineer’s revised estimate of construction cost. The Contracting Officer may, if he determines that the estimated construction contract price set forth in the Scope of Services or task order is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in the scope, quality or type of materials, or both, as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth elsewhere in the Contract or he may adjust such estimated construction contract price.
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D. Project Management and Inspection Entity. In the event the Contract requires the Architect- Engineer to provide construction period services, the Architect-Engineer shall also, at intervals of no less than once per week or as set forth in the Scope of Services, be responsible for: 1. Visits to Site and Observation of Construction. An Architect-Engineer representative who is knowledgeable of the Project and competent in each discipline that has trade activities and stages of construction being performed shall visit the site at the agreed-to intervals to observe as an experienced and qualified design professional the progress and quality of the various aspects of the contractor’s work. Based on information obtained during such visits and on such observations, the Architect-Engineer shall endeavor to determine whether such work is proceeding in accordance with the Contract Documents and shall keep the District informed of the general progress of the work in relation to the overall schedule. The Architect-Engineer shall document the site visit in writing and shall submit his findings in accordance with the report requirements set forth in Article 3 herein. 2. Inspections of Work in Progress by the Architect-Engineer. During his periodic visits to the site to observe the work in progress, the Architect-Engineer shall, as a minimum, spot check the work installed and in progress to determine compliance with the requirements of the Contract Documents and the codes and installation/workmanship standards listed therein. Defective and noncompliant work observed during such visits shall be noted in the Architect-Engineer’s reports and pointed out to the Contracting Officer and Program Manager. The Architect-Engineer shall identify for the Project Manager any specific checks or inspections to be made. The results of these inspections shall be made a part of the Project’s daily log and reports. The Architect-Engineer shall document the inspection in writing. 3. Supplemental Inspections and Tests. For work not in compliance with the Contract Documents, the Architect-Engineer shall, with the District’s approval, require additional or supplemental inspection or testing. The Architect-Engineer shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents and shall determine whether, in its opinion as an Architect-Engineer, their content complies with the requirements of each. The Architect-Engineer shall also determine whether the results certified indicate compliance with the Contract Documents. The Architect-Engineer shall document the inspection in writing. 4. Defective Work. During its site visits and based on its observation during such visits, the Architect-Engineer may disapprove the contractor’s work, or any portion thereof, while the work is in progress if Architect-Engineer believes that such work does not conform to the Contract Documents or the approved shop drawings or other submittals. The Architect-Engineer may also recommend that the District reject any work that the Architect-Engineer believes will not result in a completed Project that conforms generally to the Contract Documents or that it believes will prejudice the integrity of the design as reflected in the Contract Documents. The Architect-Engineer shall document the defective work in writing. E. Code and Regulatory Compliance. The Architect-Engineer is responsible for designing the project and administering the construction phase of the Project in accordance with applicable District of Columbia Codes and other regulatory requirements applicable to the Project. Nothing contained herein shall be construed as relieving the Architect-Engineer, any other professional design consultant, or any contractor, supplier or other participant from any professional or legal responsibility for performance. Reviews, comments and approvals by the Department of General Services and its divisions, or any employee or official of the District, in no way absolve any other person, firm or corporation involved in
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the Project from their full responsibilities under the applicable laws, codes and professional practice as required in projects for the District of Columbia. Lack of comment by a District of Columbia reviewer does not relieve the Architect-Engineer from designing to meet the applicable code or Architect-Engineer Manual requirements or applicable regulations related to water, sewer, fire department service, and other utilities. 1. Additional Costs. If the correction of a code or regulatory violation results in a Change Order during construction, any additional costs incurred shall be borne by the party responsible for the violation. The District shall bear only the costs attributable to the actual code or regulation-required enhancement of the Project. 2. Code Interpretation. If the Architect-Engineer believes that a code or a regulation is unclear as to meaning, the Architect-Engineer shall request a written opinion as to the applicable interpretation from the applicable regulatory agency, as appropriate. The Architect-Engineer shall be entitled to rely on the written opinion, if any, received from such agency. F. As-Built Drawings. At completion of the Project, the Architect-Engineer shall prepare a full set of record drawings showing the "as-built" condition of the Project and including the locations of all utilities based on his own records and upon information supplied by the Construction Manager, Contractor or Design-Builder, as applicable, on which the Architect-Engineer may rely. These drawings will consist of the original working drawings and the original of supplemental drawings and details modified to show the "as built" conditions both in paper, tracings, and electronic media. "As-built" drawings shall be turned over to the District as a condition precedent to Substantial Completion; final payment of the Architect-Engineer's fees shall not be due until the building is accepted by the District, the final Application for Payment is made, in acceptable form, to and accepted by the District, and record drawings and "as-built" drawings in the form of paper, tracings, and electronic media in the form of Compact Discs in latest version of AutoCAD. The District reserves the right to occupy the building, or portions thereof, prior to final acceptance. G. No Waiver. Neither the District’s review, approval or acceptance of, nor payment for, any of the services required under the Contract shall be construed to operate as a waiver or any rights under the Contract or of any cause of action arising out of the performance of the Contract, and the Architect-Engineer shall be and remain liable to the District in accordance with applicable law for all damages to the District caused by the Architect-Engineer’s negligent or intentionally wrongful act, omission or default while performing any of the services under the Contract. H. Remedies Inclusive. The rights and remedies of the District and the Architect-Engineer provided for under the Contract are in addition to any other rights and remedies provided by law. ARTICLE 5. PAYMENTS A. Invoices. The Architect-Engineer shall submit an invoice to the District, along with District- required documentation. The invoice shall generally itemize the various phases or parts of the Total Contract Amount, the value of the various phases or parts, the previously invoiced and approved amounts for payment, and the amount of the current invoice. The invoice shall also include a certification statement signed by the Architect-Engineer stating that the Architect- Engineer has paid its consultants, subcontractors and suppliers their individual proportional share of all previous payments, including interest if applicable, received from the District in accordance with the terms of the Architect-Engineer’s subcontract with such persons or companies and these Standard Contract Provisions. Invoices for reimbursables shall include documentation of costs for which reimbursement is sought. Invoices for Architect-Engineer Services being performed on an
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hourly rate basis shall show the technical classifications, names of the persons performing the Architect-Engineer services, man hours expended, marked up hourly rates for the classification, and the extended cost amount. B. Invoice Disputes. Unless there is a dispute about the compensation due the Architect-Engineer, including, but not limited to, claims by the District against the Architect-Engineer, then within thirty (30) days after receipt by the District of the Architect-Engineer's acceptable invoice, which shall be considered the invoice receipt date, the District shall pay to the Architect-Engineer the amount approved less any retainage and less any prior payments or advances made to Architect-Engineer. The date on which payment is due shall be referred to as the “payment date.” C. Frequency. Invoices prepared the Architect-Engineer relating to the amount and value of work and services performed by the Architect-Engineer under the Contract shall be made periodically (not more often than monthly) and sent to the District for payment, accompanied by such documentation and supporting data as may be required by the Contracting Officer. D. Retainage. Upon approval of such invoice amounts by the Contracting Officer and presentation of proper documentation by the Architect-Engineer, payment of the invoice amount as determined above less agreed upon retainage and all previous payments shall be made in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. Unless otherwise provided for in the Contract, the retained payment percentage shall be 5%, provided, however, that if the Contracting Officer determines that the work is Substantially Complete and that the amount of retained percentages is in excess of the amount considered by him to be adequate for the protection of the District, he may in his discretion release to the Architect-Engineer such excess amount. E. Final Payment. Upon the satisfactory completion of the Architect-Engineer’s services and formal notification of its final acceptance by the Contracting Officer, the Architect-Engineer shall be paid the unpaid balance of any money due hereunder, including retained percentages. Prior to such final payment under the Contract or prior to settlement upon termination of the Contract and as a condition precedent thereto, the Architect-Engineer shall execute and deliver to the Contracting Officer a release of all claims against the District arising under or by virtue of the Contract other than such claims, if any, as may be specifically excepted by the Architect-Engineer from the operation of the release in stated amounts to be set forth therein. F. Document Ownership. All drawings, designs, specifications and other Architect-Engineer deliverables first produced solely for the District in the performance of the Contract, or in contemplation thereof, and all as-built drawings produced after completion of the work shall be and remain the sole property of the District and may be used on any other work without additional cost to the District. With respect thereto, the Architect-Engineer agrees not to assert any rights or to establish any claim under the design patent or copyright laws and not to publish or reproduce such matter in whole or in part or in any manner or form or authorize others so to do without the written consent of the District, until such time as the District may have released such matter to the public. Further, with respect to any architectural design which the District desires to protect by applying for and prosecuting a design patent application or otherwise, the Architect-Engineer agrees to furnish the Contracting Officer such duly executed instruments and other papers (prepared by the District) as are deemed necessary to vest in the District the rights granted it under this clause. The Architect-Engineer agrees to furnish and provide access to the originals or copies of all such materials on the request of the Contracting Officer for a period of three (3) years after completion for the project.
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G. Corrections of Work Post-Payment. Notwithstanding the acceptance and approval by the District of any services performed or provided by the Architect-Engineer, the Architect-Engineer shall be responsible for the professional quality, technical accuracy and the coordination of all services furnished by the Architect-Engineer under the Contract. The Architect-Engineer shall, without additional compensation, correct or revise any errors or deficiencies or omissions in the Architect-Engineer’s services. H. Payment Not Waiver. The District’s review, approval or acceptance of, or payment for, any of the Materials and Services required under the Contract shall not constitute any representation, warranty or guaranty by the District as to the substance or quality of the matter reviewed, approved or accepted and shall not be construed to operate as a waiver or estoppel of any of the District's rights or privileges under the Contract or of any cause of action arising out of the performance of the Contract. No person or firm shall rely in any way on such review, approval or acceptance by the District. The Architect-Engineer shall be and remain liable in accordance with Applicable Law for all damages to the District caused by the Architect-Engineer. Review, approval or acceptance by the District or the Contracting Officer under the Contract shall not constitute approval otherwise required by any of the District departments, boards, commissions, or other regulatory agencies in the exercise of their independent regulatory authority. I. Errors and Omissions. Without limiting the Architect-Engineer’s responsibility set forth above, such responsibility, by way of illustration shall include the following: If any error or omission in the Construction Documents submitted by the Architect-Engineer requires a change in the Scope of Services or any portion thereof, the Architect-Engineer shall promptly complete such change at no additional cost to the District. J. Compensation Disputes. Disputes regarding the compensation due the Architect-Engineer may include, but are not limited to, the amount due, the value or percentage of the Architect- Engineer Services completed, defects or deficiencies in the Architect-Engineer Services, quality of the Architect-Engineer Services, compliance with the Contract Documents, completion itself, or negligent performance of professional services on the part of the Architect-Engineer. In the event of disputes, payment shall be mailed on or before the Payment Date for amounts and Architect-Engineer Services not in dispute, subject to any setoffs claimed by the District. K. Adjustments. All prior payments, whether based on estimates or otherwise, may be corrected and adjusted in any payment and shall be corrected and adjusted in the final payment. In the event that any invoice by the Architect-Engineer contains a defect or impropriety which would prevent payment by the Payment Date, the District shall notify the Architect-Engineer in writing of such defect or impropriety within ten (10) days after the invoice receipt date. Any disputed amounts determined by the District to be payable to the Architect-Engineer shall be due thirty (30) days from the date the dispute is resolved. Interest shall be paid by the District in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. L. Payments to Subcontractors. The Architect-Engineer shall make a payment to each of its Consultants and Subcontractors, not later than seven (7) calendar days after receipt of amounts paid to the Architect-Engineer by the District, in an amount equal to the proportionate share of the total payment, including any interest, received from the District attributable to the Architect-Engineer Services performed by Consultants and Subcontractors less a retainage of not more than five percent (5%) if provided for in the applicable subcontract, said retainage being the same money, not additional money, retained by the District from the payment to the Architect-Engineer.
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ARTICLE 6. CHANGES A. Generally. The Contracting Officer may at any time by written order make changes within the general scope of the Contract to the Scope of Services to be performed under each task order. If such changes cause an increase or decrease in the Architect-Engineer’s cost of or time required for performance of any service under the Contract, or both, upon approval of the Contracting Officer, an equitable adjustment shall be made and the Contract shall be modified in writing by the Contracting Officer accordingly. Any claim of the Architect-Engineer for adjustment under this clause must be made in writing to the Contracting Officer within ten (10) days from the date of receipt by the Architect-Engineer of the notification of change unless the Contracting Officer grants a further period of time before the date of final payment under this Contract. If the Architect-Engineer requests changes to the Scope of Services, the Architect-Engineer must demonstrate to the satisfaction of the District that the changes are necessary and not due to the acts or omissions of the Architect-Engineer. Generally, the time of performance of the Contract and/or any task order may be extended for the administrative convenience of the District or for other purposes whenever the Contracting Officer determines such action will not be a cause for additional fee or other related cost. B. Additional Compensation. Compensation to the Architect-Engineer beyond the monetary limits set forth in the Contract shall only be made if and when a Change Order to the Contract is duly executed by the Parties. Nothing herein shall limit the District’s ability to make changes to the Contract unilaterally. C. Designated Change Orders. The Contracting Officer may, at any time, by written order designated or indicated to be a change order, make any changes in the work within the general scope of the Contract, including but not limited to changes: 1. In the Contract drawings and specifications; 2. In the method or manner of performance of the services; 3. In the District furnished facilities, equipment, materials or services; or 4. Directing acceleration in the performance of the services. Nothing provided in this Article shall excuse the Architect-Engineer from proceeding with the prosecution of the services so changed. D. Other Change Orders. Any other written order or an oral order (which term as used in this Section shall include direction, instruction, interpretation, or determination) from the Contracting Officer which causes any such change, shall be treated as a Change Order under this Article, provided that the Architect-Engineer gives the Contracting Officer written notice stating the date, circumstances and sources of the order and that the Architect-Engineer regards the order as a Change Order. E. General Requirements. Except as herein provided, no order, statement or conduct of the Contracting Officer shall be treated as a change under this Article or entitle the Architect- Engineer to an equitable adjustment hereunder. If any change under this Article causes an increase or decrease in the Architect-Engineer’s cost of, or the time required for, the performance of any part of the services under the Contract whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under (B) above shall
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be allowed for any cost incurred more than thirty (30) days before the Architect-Engineer gives written notice as therein required unless this thirty (30) day period is extended by the Contracting Officer and provided further, that in case of defective drawings and specifications, the equitable adjustment shall include any increased cost reasonably incurred by the Architect- Engineer in attempting to comply with such defective drawings and specifications. 1. If the Architect-Engineer intends to assert a claim for an equitable adjustment under this Article, the Architect-Engineer must, within thirty (30) days after receipt of a written Change Order under (A) above or the furnishing of a written notice under (D) above, submit to the Contracting Officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the Contracting Officer. The statement of claim hereunder may be included in the notice under (D) above. 2. With respect to the notification obligations of the Architect-Engineer hereunder, time is of the essence. A failure to provide timely notice constitutes waiver of the claim. No claim by the Architect-Engineer for an equitable adjustment hereunder shall be allowed if asserted after final payment under the Contract. F. Change Order Breakdown. Contract prices shall be used for Change Order work where the services, as changed, are of similar nature; no other costs, overhead or profit will be allowed. 1. Where Contract prices are not appropriate and the nature of the change is known in advance of construction, the parties shall attempt to agree on a fully justifiable adjustment of the Architect-Engineer’s compensation and time for performance. 2. When Contract prices are not appropriate, or the parties fail to agree on equitable adjustment, or in processing claims, equitable adjustment for Change Order work shall be per this Article and Article 7 and shall be based upon the breakdown shown in following subsections a) through g). The Architect-Engineer shall assemble a complete cost breakdown that lists and substantiates each item of work and each item of cost. a) Labor—Payment will be made for direct labor cost plus indirect labor cost such as insurance, taxes, fringe benefits and welfare provided such costs are considered reasonable by the District. Indirect costs shall be itemized and verified by receipted invoices. If verification is not possible, up to 18 percent of direct labor costs may be allowed. In addition, up to 20 percent of direct plus indirect labor costs may be allowed for overhead and profit. b) Rented Equipment—Payment for required equipment rented from a third party company that is neither an affiliate of, nor a subsidiary of, the Architect-Engineer will be based on receipted invoices, which shall not exceed rates given in the current edition of the Rental Rate Blue Book for Construction Equipment published by Data Quest. If actual rental rates exceed manual rates, written justification shall be furnished to the Contracting Officer for consideration. No additional allowance will be made for overhead and profit. The Architect-Engineer shall submit written certification to the Contracting Officer that any required rented equipment is neither owned by nor rented from the Architect-Engineer or an affiliate of or subsidiary of the Architect- Engineer. c) Architect-Engineer’s Equipment—Payment for required equipment owned by the Architect-Engineer or an affiliate of the Architect-Engineer will be based solely on an hourly rate
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derived by dividing the current appropriate monthly rate by 176 hours. No payment will be made under any circumstances for repair costs, freight and transportation charges, fuel, lubricants, insurance, any other costs and expenses, or overhead and profit. Payment for such equipment made idle by delays attributable to the District will be based on one-half the derived hourly rate under this subsection. d) Miscellaneous—No additional allowance will be made for general superintendence, use of small tools and other costs for which no specific allowance is herein provided. e) Subcontract Work—Payment for additional necessary subcontract work will be based on applicable procedures in a) through f), to which total additional subcontract work, up to an additional 10 percent, may be allowed for the Architect-Engineer’s overhead and profit. G. Significant Changes in Character of Services. 1. The Contracting Officer reserves the right to make, in writing, at any time during the performance of services, such changes in quantities and such alterations in the services as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract, and the Architect-Engineer agrees to perform the services as altered. 2. If the alterations or changes in quantities significantly change the character of the services under the Contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the services. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Architect-Engineer in such amount as the Contracting Officer may determine to be fair and reasonable. 3. If the alterations or changes in quantities significantly change the character of the services to be performed under the Contract, the altered services will be paid for as provided elsewhere in the Contract. 4. The term “significant change” shall be construed to apply only to the following circumstances: a. When the character of the services as altered differs materially in kind or nature from that involved or included in the original proposed construction; or b. When an item of work is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in the case of a decrease below 75 percent, to the actual amount of services performed. 5. If the parties fall to agree upon the adjustment to be made, the dispute shall be processed as provided in Article 10 hereof entitled “Disputes”. Nothing provided in this section shall excuse the Architect-Engineer from proceeding with the prosecution of services so changed. ARTICLE 7. EQUITABLE ADJUSTMENT OF CONTRACT TERMS The Architect-Engineer is entitled to an equitable adjustment of the contract terms whenever the following situations develop: A. Differing Site Conditions. 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical
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conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the Architect-Engineer, upon discovering such conditions, shall promptly notify the Contracting Officer in writing of the specific differing conditions before they are disturbed and before the affected work is performed. 2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, or both, an adjustment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Contracting Officer will notify the Architect-Engineer of his/her determination whether or not an adjustment of the Contract is warranted. 3. No contract adjustment which results in a benefit to the Architect-Engineer will be allowed unless the Architect-Engineer has provided the required written notice; a failure to notify the Contracting Officer of the changed conditions prior to work being disturbed by said conditions shall constitute a permanent waiver of all right to compensation related to the changed conditions by the Architect-Engineer. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. B. Suspension of Work Ordered by Contracting Officer. 1. If the performance of all or any portion of the work is suspended or delayed by the Contracting Officer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the nature of the services) and the Architect-Engineer believes that additional compensation or contract time, or both, is due as a result of such suspension or delay, the Architect-Engineer shall submit to the Contracting Officer in writing a request for equitable adjustment within ten (10) days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the Contracting Officer will evaluate the Architect-Engineer’s request. If the Contracting Officer agrees that the cost or time required for the performance of the Contract, or both, has increased as a result of such suspension and the suspension was caused by conditions beyond the control or and not the fault of the Architect-Engineer or its consultants or subcontractors at any approved tier, and not caused by weather, the Contracting Officer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting Officer will notify the Architect-Engineer of his/her determination whether or not an adjustment of the Contract is warranted. 3. No contract adjustment will be allowed unless the Architect-Engineer has submitted the request for adjustment within the time prescribed; a failure to submit a request for adjustment in the time prescribed shall constitute waiver of all right to compensation related to the suspension of work by the Architect-Engineer. ARTICLE 8. TERMINATION A. Termination for Default. Termination, whether for default or convenience is not a Government claim. The Contracting Officer may terminate the Contract, or any task order issued thereunder by the Contracting Officer, for default, in whole or in part, if the termination is in the best interests of the Government, and the Architect-Engineer does any of the following: 1. Fails to complete the Services within the time specified in the Contract or any modification (including task orders); 2. Fails to make sufficient progress on contract performance so as to endanger performance
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of the Contract (including any task order) within the time specified or in the manner specified in the Contract; 3. Fails or refuses to go forward with the services in accordance with the direction of the Contracting Officer; 4. Expresses through word or conduct an intention not to complete the services in accordance with the directions of the Contracting Officer; 5. Fails to perform any of the other provisions of the Contract (or any task order); 6. Materially deviates from the representations and capabilities set forth in the Architect- Engineer’s response to the solicitation. B. Final Decision of Contracting Officer. A termination for default is a final decision of the Contracting Officer. In order to contest a termination for default, the Architect-Engineer must submit a certified request to convert the termination for default to a termination for convenience with all documents supporting such conversion and comply with all Contract provisions and laws relating to terminations for convenience, including the submission of a certified termination for convenience settlement proposal. The submission of the certified request for conversion to a termination for convenience and certified termination settlement proposal to the Contracting Officer must occur prior to ninety (90) days from the date of the Contracting Officer’s final decision. C. Delays. If the Architect-Engineer refuses or fails to prosecute the services, or any separable part thereof, with such diligence as will provide for its completion within the time specified in the Contract, or any extension thereof, or fails to complete said services within the specified time, the District may, by written notice to the Architect-Engineer, terminate its right to proceed with the services or such part of the services involving the delay. In such event, the District may take over the services and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the services such materials as may have been paid for by the District. Whether or not the Architect- Engineer’s right to proceed with the services are terminated, the Architect-Engineer shall be liable for any liability to the District resulting from the Architect-Engineer’s refusal or failure to complete the services within the specified time. 1. If fixed and agreed liquidated damages are provided in the Contract and if the District does not so terminate the Architect-Engineer’s right to proceed, the resulting damage will consist of such liquidated damages until the services are completed and accepted. 2. The Architect-Engineer’s right to proceed shall not be so terminated nor the Architect- Engineer charged with resulting damage if: a) The delay in the completion the services arises from unforeseeable causes beyond the control and without the fault or negligence of the Architect-Engineer, including but not restricted to acts of God, acts of the public enemy, acts of the District in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the District, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, climatic conditions beyond the normal which could be anticipated, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Architect-Engineer and such consultants or subcontractors at any tier; and b) The Architect-Engineer, within 72 hours from the beginning of any such delay, (unless the
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Contracting Officer grants a further period of time before the date of final payment under the Contract) notifies the Contracting Officer in writing of the causes of delay. 3. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the services when, in his/her judgment, the findings of fact justify such an extension, and his/her findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein. 4. If, after notice of termination of the Architect-Engineer’s right to proceed under the provisions of this Article, it is determined for any reason that the Architect-Engineer was not in default under the provisions of this Article, or that the delay was excusable under the provisions of this Article, the rights and obligations of the parties shall be in accordance with Article 6 herein. Failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of Article 7 herein. 5. The rights and remedies of the District provided in this Article are in addition to any other rights and remedies provided by law or under the Contract. 6. The District may, by written notice, terminate the Contract or a portion thereof as a result of an Executive Order of the President of the United States with respect to the prosecution of war or in the interest of national defense. When the Contract is so terminated, no claim for loss of anticipated profits will be permitted. D. Opportunity to Cure. Notwithstanding the foregoing sections A and C, the Contract will not terminate as a result of the failure to perform if the Architect-Engineer begins, immediately upon receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure with no more than ten (10) days of receipt thereof. The Contracting Officer in its sole discretion, but is not obligated to, may extend the period to cure if the Department finds a legitimate reason for the extension. E. Termination for Convenience of the District Government 1. The performance of services under the Contract, or any task order issued thereunder by the Contracting Officer, may be terminated by the District in accordance with this Article, in whole or in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Architect-Engineer of a Notice of Termination specifying the extent to which performance of services under the Contract (or task order) is terminated, and the date upon which such termination becomes effective. 2. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting Officer, the Architect-Engineer shall: a) Stop work under the Contract (or task order) on the date and to the extent specified in the Notice of Termination. b) Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the services under the Contract (or task order) as is not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the services terminated by the Notice of Termination.
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d) Assign to the District, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title and interest of the Architect-Engineer under the orders and subcontracts so terminated, in which case the District shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. e) Settle all outstanding liabilities and all claims arising out of such termination of orders or subcontracts, with the approval or ratification of the Contracting Officer to the extent he/she may require, which approval or ratification shall be final for all purposes of this Article. f) Transfer title to the District and deliver in the manner, at the times, and to the extent, if any, directed by the Contracting Officer completed, or partially completed plans, drawings, information and other property which, if the Contract (or task order) had been completed, would have been required to be furnished to the District. g) Complete performance of such part of the services as shall not have been terminated by the Notice of Termination. h) Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Architect-Engineer and in which the District has or may acquire an interest. i) The Architect-Engineer shall proceed immediately with the performance of the above obligations notwithstanding any delay in determining or adjusting the cost, or any item of reimbursable cost, under this Article. 3. After receipt of a Notice of Termination, the Architect-Engineer shall submit to the Contracting Officer its termination claim, in the form with the certification prescribed by the Contracting Officer. Such claim shall be submitted promptly but in no event later than ninety (90) days from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the Architect-Engineer made in writing within such ninety (90)-day period or authorized extension thereof. In the event the Architect- Engineer was terminated for default and it asserts that it is entitled to a termination for convenience, its certified request for the conversion of the default termination to one for convenience and its certified termination settlement proposal must be submitted to the Contracting Officer prior to the expiration of ninety (90) days from the date of the default termination. With respect to a termination for convenience, if the Contracting Officer determines that the facts justify such action, he/she may receive and act upon any such termination claim at any time after such ninety (90)-day period or extension thereof. Nothing herein shall be construed to extend the time for the submission of a claim hereunder for a defaulted Architect-Engineer beyond ninety (90) days from the date of the default termination. Upon failure of the Architect- Engineer to submit his termination claim within the time allowed, the Contracting Officer may, subject to any review required by the District’s procedures in effect as of the date of execution of the Contract, determine, on the basis of information available to him/her, the amount, if any, due to the Architect-Engineer by reason of the termination and shall thereupon pay to the Architect-Engineer the amount so determined. 4. Subject to the provisions of Section 3 above, and subject to any review required by the District’s procedures in effect as of the date of execution of the Contract, the Architect- Engineer and Contracting Officer may agree upon the whole or any part of the amount or amounts to be paid to the Architect-Engineer by reason of the total or partial termination of services pursuant to this Article, which amount or amounts may include a reasonable allowance for profit on services completed; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract price as reduced by the amount of
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payments otherwise made and as further reduced by the Contract price of any services not terminated. The Contract shall be amended accordingly, and the Architect-Engineer shall be paid the agreed amount. Nothing in Section 5 below prescribing the amount to be paid to the Architect-Engineer in the event of failure of the Architect-Engineer and the Contracting Officer to agree upon the whole amount to be paid to the Architect-Engineer by reason of the termination of services pursuant to this Article, shall be deemed to limit, restrict or otherwise determine or effect the amount or amounts which may be agreed upon to be paid to the Architect-Engineer pursuant to this paragraph. 5. In the event of the failure of the Architect-Engineer and the Contracting Officer to agree as provided in Section 4 above upon the whole amount to be paid to the Architect-Engineer by reason of the termination of services pursuant to this Article, the Contracting Officer shall, subject to any review required by the District’s procedures in effect as of the date of execution of the Contract, determine, on the basis of information available to him/her, the amount, if any, due the Architect-Engineer by reason of the termination and shall pay to the Architect-Engineer the amounts determined by the Contracting Officer, as follows, but without duplication of any amounts agreed upon in accordance with Section 4 above: a) With respect to all Contract work performed prior to the effective date of the Notice of Termination, the total (without duplication of any items) of: i) The cost of such services; ii) The cost of settling and paying claims arising out of the termination of services under subcontracts or orders as provided in Section 2(e) above, exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the subcontractor prior to the effective date of the Notice of Termination of work under the Contract, which amounts shall be included in the cost on account of which payment is made under on Section 5(a)(i) above; and iii) A sum, as profit on Section 5(a)(i) above, determined by the Contracting Officer to be fair and reasonable; provided however, that if it appears that the Architect- Engineer would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this subparagraph and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss; and provided further that profit shall be allowed only on preparations made and services performed by the Architect-Engineer for the terminated portion of the Contract (or task order) but may not be allowed on the Architect-Engineer’s settlement expenses. Anticipatory profits and consequential damages shall not be allowed. Any reasonable method may be used to arrive at a fair profit, separately or as part of the whole settlement. b) The reasonable cost of the preservation and protection of property incurred pursuant to Section 2(i); and any other reasonable cost incidental to termination of services under the Contract including expense incidental to the determination of amount due to the Architect-Engineer as the result of the termination of work under the Contract. 6. The total sum to be paid to the Architect-Engineer under Section 5(a) above shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of services not terminated. Except for normal spoilage, and except to the extent that the District shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Architect-Engineer under Section 5(a) above, the fair value, as determined by the Contracting Officer, of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the District 7. The Architect-Engineer shall have the right of appeal, under Article 9 herein, from any determination made by the Contracting Officer under Sections 3 or 5, above, except that, if
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the Architect-Engineer has failed to submit its claim within the time provided in Section 3 above and has failed to request extension of such time, the Architect-Engineer shall have no such right of appeal. In any case where the Contracting Officer has made a determination of the amount due under Sections 3 or 5, above, the District shall pay to the Architect-Engineer the following: a) If there is no right of appeal hereunder or if no timely appeal has been taken, the amount so determined by the Contracting Officer, or b) If an appeal had been taken, the amount finally determined on such appeal. 8. In arriving at the amount due the Architect-Engineer under this Article there shall be deducted: a) all unliquidated advance or other payments on account theretofore made to the Architect-Engineer, applicable to the terminated portion of the Contract (or task order); b) any claim which the District may have against the Architect-Engineer in connection with the Contract; and c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Architect-Engineer or sold, pursuant to the provisions of this Article and not otherwise recovered by or credited to the District. 9. If the termination hereunder be partial, prior to the settlement of the terminated portion of the Contract (or task order), the Architect-Engineer may file with the Contracting Officer a request in writing for an equitable adjustment of the price or prices specified in the Contract relating to the continued portion of the Contract (the portion not terminated by the Notice of Termination), and such equitable adjustment as may be agreed upon shall be made at such price or prices; however, nothing contained herein shall limit the right of the District and the Architect-Engineer to agree upon the amount or amounts to be paid to the Architect-Engineer for the completion of the continued portion of the Contract when said Contract does not contain an established Contract price for such continued portion. 10. The District may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the Architect-Engineer in connection with the terminated portion of the Contract (or task order) whenever in the opinion of the Contracting Officer the aggregate of such payments shall be within the amount to which the Architect-Engineer will be entitled hereunder. If the total of such payments is in excess of the amount finally agreed or determined to be due under this Article, such excess shall be payable by the Architect-Engineer to the District upon demand, together with interest in accordance with the Quick Payment Act, D.C. Official Code §2-221.01 et seq. 11. Unless otherwise provided in the Contract or by applicable statute, the Architect-Engineer, from the effective date of termination and for a period of three (3) years after final settlement under the Contract, shall preserve and make available to the District at all reasonable times at the office of the Architect-Engineer, but without direct charge to the District, all its books, records, documents and other evidence bearing on the costs and expenses of the Architect-Engineer under the Contract and relating to the services terminated hereunder, or, to the extent approved by the Contracting Officer, photographs and other authentic reproductions thereof. 12. By virtue of a Termination for Convenience, the Architect-Engineer shall not become entitled to payment for defective services, deficient services, rejected services, or services not in accordance with the plans or specifications set forth in the Contract. ARTICLE 9. DISPUTES
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A. Generally. All disputes arising under or relating to the Contract shall be resolved as provided herein. B. Claims by the Architect-Engineer against the District. 1. Claim, as used in this Section B of Article 9, means a written assertion by the Architect- Engineer seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the Contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. a) All claims by the Architect-Engineer against the District arising under or relating to the Contract shall be in writing and shall be submitted to the Contracting Officer for a decision. b) Within 120 days after receipt of a claim, the Contracting Officer shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the Architect-Engineer. c) Any failure by the Contracting Officer to issue a decision on a Contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim as otherwise provided. i) If the Architect-Engineer is unable to support any part of its claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the Architect-Engineer, the Architect-Engineer shall be liable to the District for an amount equal to the unsupported part of the claim in addition to all costs to the District attributable to the cost of reviewing that part of the Architect-Engineer’s claim. ii) Liability under this section shall be determined within six (6) years of the commission of the misrepresentation of fact or fraud. d) All cost data, pricing data, and task data of claims hereunder must be certified as accurate, complete, required, and necessary to the best of the Architect-Engineer’s knowledge and belief. Further, all task or work data in the claim must be described therein to the smallest unit of work or task. The Contracting Officer may require any additional certifications, descriptions or explanations of the claim. e) The parties agree that time is of the essence and all claims hereunder must be presented to the Contracting Officer for a final decision within thirty (30) days of the occurrence of the circumstances giving rise to such claim or within thirty (30) days of when the Architect-Engineer knew or should have known of the circumstances giving rise to such claim, otherwise compensation for that claim is waived. f) The parties agree that there shall be no claims for unabsorbed home office overhead. 2. The Architect-Engineer’s claim shall contain at least the following: a) A description of the claim and the amount in dispute;
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b) Any data or other information in support of the claim; c) A brief description of the Architect-Engineer’s efforts to resolve the dispute prior to filing the claim; and d) The Architect-Engineer’s request for relief or other action by the Contracting Officer. e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim. 3. The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the Architect- Engineer. 4. Pending final decision of an appeal, action, or final settlement, the Architect-Engineer shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer. C. Claims by the District Against the Architect-Engineer. 1. Claim as used in this Section C of Article 9, means a written demand or written assertion by the District, including the Contracting Officer, seeking, as a matter of right, the payment of money in a sum certain, the adjustment of contract terms, or other relief arising under or relating to the Contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be construed to require the District to notify the Architect-Engineer prior to the issuance of the Contracting Officer’s final decision. 2. a) All claims by the District against the Architect-Engineer arising under or relating to a contract shall be decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision to the Architect-Engineer. b) The decision shall be supported by reasons and shall inform the Architect-Engineer of its rights. Specific findings of fact shall not be required. 3. This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust any claim involving fraud. 4. The decision of the Contracting Officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced by the Architect- Engineer. 5. Pending final decision of an appeal, action, or final settlement, the Architect-Engineer shall proceed diligently with performance of the contract in accordance with the decision of the Contracting Officer. 6. The Contracting Officer may enter into a voluntary exclusion agreement with the Architect- Engineer in order to settle any claim or dispute between the parties. ARTICLE 10. RETENTION AND EXAMINATION OF RECORDS
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Unless otherwise provided in the Contract, or by applicable statute, the Architect-Engineer, from the effective date of Contract completion and for a period of three (3) years after final settlement under the Contract, shall preserve and make available to the District at all reasonable times at the office of the Architect-Engineer but without direct charge to the District, all its books, records, documents, and other evidence bearing on the costs and expenses of the Architect-Engineer under the Contract. ARTICLE 11. COVENANT AGAINST CONTINGENT FEES The Architect-Engineer warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Architect-Engineer for the purpose of securing business. For breach or violation of this warranty, the District shall have the right to terminate the Contract without liability or in its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 12. OFFICIALS NOT TO BENEFIT A. District Employees Not To Benefit. Unless a determination is made as provided herein, no officer or employee of the District will be admitted to any share or part of the Contract or to any benefit that may arise therefrom, and any contract made by the Contracting Officer or any District employee authorized to execute contracts in which they or an employee of the District will be personally interested shall be void, and no payment shall be made thereon by the District or any officer thereof, but this provision shall not be construed to extend to the Contract if made with a corporation for its general benefit. A District employee shall not be a party to a contract with the District and will not knowingly cause or allow a business concern or other organization owned or substantially owned or controlled by the employee to be a party to such a contract, unless a written determination has been made by the head of the procuring agency that there is a compelling reason for contracting with the employee, such as when the District’s needs cannot reasonably otherwise be met in accordance with DC Procurement Practices Act of l985, D.C. Law 6-85, D.C. Official Code, section 2-310.01, and Chapter 18 of the DC Personnel Regulations. The Architect-Engineer represents and covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Architect-Engineer further covenants not to employ any person having such known interests in the performance of the Contract. B. Anti-Competitive Practices and Anti-Kickback Provisions. 1. The Architect-Engineer recognizes the need for markets to operate competitively and shall observe and shall comply with all applicable law, rules, and regulations prohibiting anti- competitive practices. The Architect-Engineer shall not engage, directly or indirectly, in collusion or other anti-competitive practices that reduces or eliminates competition or restrains trade. The District shall report to the appropriate authority any activity that evidences a violation of the antitrust laws, and take such other further action to which it is entitled or obligated under the law. 2. The Architect-Engineer shall observe and comply with all applicable law, rules, and regulations prohibiting kickbacks and, without limiting the foregoing, Architect-Engineer shall not (i) provide or attempt to provide or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii) include, directly or indirectly, the amount of any
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kickback in the contract price charged by Architect-Engineer or a Subcontractor of the Architect-Engineer to the District. The Architect-Engineer shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in this subparagraph in its own operations and direct business relationships. The District may take any recourse available to it under the law for violations of this anti-kickback provision. ARTICLE 13. CONFLICT OF INTEREST AND ETHICS A. Former Employees Generally. Pursuant to Public Law 95-521, as amended, no former employee of the United States District or the District of Columbia: 1. Shall knowingly represent the Architect-Engineer before any District agency through personal appearance or communication in connection with a matter involving specific parties to the Contract where the former District employee participated personally and substantially in this matter while employed with the District. 2. Shall within two (2) years after terminating District employment knowingly represent the Architect-Engineer before any District agency through personal appearance or communication in connection with a matter involving specific parties to the Contract were the matter was pending under the official responsibility of the former employee within one (1) year prior to termination of District service. B. Former Senior Employees. Pursuant to Public Law 95-591, as amended, no former senior level officer or former senior level employee of the United States District or the District of Columbia District named in or designated by the Contracting Officer of the Office of District Ethics under Section 207(d) of Title 18 USC: 1. Shall, within two (2) years after terminating District employment knowingly represent or aid counsel, advise, consult or assist in representing any other person by personal presence at any formal or informal appearance before any District agency in connection with a matter involving specific parties where the former employee participated personally aid substantially in that matter while employed with the District. 2. Shall, within one (1) year after terminating District employment knowingly act as an agent or attorney for or otherwise represent anyone in any formal or informal appearance before or with the intent to influence make any written or oral communication on behalf of anyone to his or her former District or agency or any of its officers or employees or (2) in connection with any particular District matter, whether or not involving a specific party which is pending before such District or agency or in which it has a direct and substantial interest. C. Conflict of Interest. The Architect-Engineer represents and warrants that neither it nor any of its directors, officers, members, partners or employees, has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Architect-Engineer represents and warrants that, in the performance of the Contract, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the District, nor any person whose salary is payable, in whole or in part, from the District Treasury, shall participate in any decision relating to the Contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly, interested; nor shall any such person have any interest, direct or indirect, in the Contract or in the proceeds
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thereof. D. No Kick-Backs. The Architect-Engineer shall not offer or receive any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with the Contract. The Architect-Engineer shall not confer on any public employee having official responsibility for the Contract any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value. E. No Contractor Employment. No official or employee of the District of Columbia whose duties as such official or employee include matters relating to or affecting the subject matter of the Contract shall, during the pendency and term of the Contract and/while serving as an official or employee of the District of Columbia, become or be an employee of the Architect-Engineer or any entity that is a subcontractor on the Contract. ARTICLE 14. DISMISSALS AND REPLACEMENT OF KEY PERSONNEL A. Dismissals by the District. Should the continued employment of any person or persons in the Architect-Engineer’s organization under the Contract be deemed by the Contracting Officer to be prejudicial to the interests of the District, such person or persona shall be immediately removed from the work hereunder. The Architect-Engineer shall make every effort in the selection of its employees and in the prosecution of the work under the Contract to safeguard all drawings and specifications and to prevent the theft conversion or unauthorized use of the same. B. Replacement of Key Personnel. No substitutions for Key Personnel shall be permitted unless approved by the Contracting Officer. Any proposed replacement for Key Personnel must possess qualifications substantially similar to those of the Key Personnel being replaced and are subject to the prior written approval of the Contracting Officer. In addition, at the Contracting Officer's request at any time, the Architect-Engineer shall remove any Key Personnel or other personnel and substitute another employee of the Architect-Engineer or its subcontractors reasonably satisfactory to the Contracting Officer. The Contracting Officer may request such substitution at any time, in his/her sole discretion. C. Liquidated Damages. In order to maintain project continuity the District expects that the Architect-Engineer will assign the same project managers to all phases of the Project and that such personnel will be available to oversee and coordinate the services throughout the Project. Accordingly, the Architect-Engineer’s designated Key Personnel shall be subject to liquidated damages for their removal or reassignment by the Architect-Engineer. In each instance where the Architect-Engineer removes or reassigns one of its Key Personnel (but excluding instances where such personnel become unavailable due to death, disability, or separation from the employment of the Architect-Engineer or any affiliate of the Architect-Engineer) without the prior written consent of the Contracting Officer, the Architect-Engineer shall pay to the District an amount set forth in the Contract as liquidated damages and not a penalty, to reimburse the District for its administrative costs arising from the Architect-Engineer’s failure to provide the Key Personnel. The foregoing liquidated damage amount shall not bar recovery of any other damages, costs or expenses other than the District’s internal administrative costs. In addition, the District shall have the right, to be exercised in its sole discretion, to remove, replace or to reduce the Scope of Services of the Architect-Engineer in the event that a member of the Key Personnel has been removed or replaced by the Architect-Engineer without the consent of the District. In the event the District exercises the right to remove, replace or to reduce the Scope of Services of the Architect-Engineer, the District shall have the right to enforce the terms of the Contract and to keep-in-place those members of the Architect-Engineer’s team not removed or replaced and the remaining members
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shall complete the services required under the Contract in conjunction with the new members of the Architect-Engineer’s team approved by the District. ARTICLE 15. COMPLIANCE WITH FEDERAL AND DISTRICT OF COLUMBIA LAWS AND REGULATIONS A. Generally. The Architect-Engineer shall at all times exercise the professional skill and care required by Section 2.F of these Standard Contract Provisions in observing and complying with all laws, codes, regulations, orders and decree set forth by any department, agency or branch of the United States District, and the District of Columbia applicable to the services. B. Equal Opportunity: Non-Discrimination in Employment. During the performance of the Contract the Architect-Engineer shall comply with the provisions of Mayor’s Order 85-85 as implemented by Title 4, Chapter 11 – Equal Employment Opportunity Requirements in Contracts, 33 DCR 4952 (August 15, 1986). C. Buy American Act. 1. Agreement—In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order 10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order 11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the Architect-Engineer agrees that only domestic construction material will be used by the Architect-Engineer, subcontractors, material men and suppliers in the performance of the Contract, except for non-domestic material listed in the Contract. 2. Domestic Construction Material—”Construction material” means any article, material or supply brought to the construction site for incorporation in the building or work. An unmanufactured construction material is a “domestic construction material” if it has been mined or produced in the United States. A manufactured construction material is a “domestic construction material” if it has been manufactured in the United States and if the cost of its components which have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. “Component” means any article, material, or supply directly incorporated in a construction material. 3. Domestic Component—A component shall be considered to have been “mined, produced, or manufactured in the United States” regardless of its source, in fact, if the article, material or supply in which it is incorporated was manufactured in the United States and the component is of a class or kind determined by the District to be not mined, produced or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. 4. Foreign Material – When steel materials are used in a project a minimal use of foreign steel is permitted. The cost of such materials cannot exceed on-tenth of one percent of the total project cost, or $2,500,000, whichever is greater. D. Service Contract Act. The Architect-Engineer agrees that the work performed under this Contract shall be subject to the Service Contract Act (41 U.S.C. 351 et seq.). The wage rates applicable to this Project shall be attached as an exhibit to the Contract. The Architect-Engineer further agrees that it and all of its subcontractors shall comply with the regulations implementing the Service Contract Act and such regulations are hereby incorporated by reference.
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E. False Claims Act. The Architect-Engineer shall be governed by all laws and regulations prohibiting false or fraudulent statements and claims made to the government, including the prescriptions set forth in District of Columbia Code §22-2405 and §§2-381.01 et seq. ARTICLE 16. APPOINTMENT OF ATTORNEY The Architect-Engineer does hereby irrevocably designate and appoint the Clerk of the Superior Court of the District and his successors in office as the true and lawful attorney of the Architect-Engineer for the purpose of receiving service of all notices and processes issued by any court in the District, as well as service of all pleadings and other papers, in relation to any action or legal proceeding arising out of or pertaining to the Contract or the work required or performed hereunder. The Architect-Engineer expressly agrees that the validity of any service upon the said Clerk as herein authorized shall not be affected either by the fact that the Architect-Engineer was personally within the District of Columbia and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact that the Architect-Engineer failed to receive a copy of such process, notice, pleading or other paper so served upon the said Clerk, provided that said Clerk shall have deposited in the United States mail, certified and postage prepaid, a copy of such process, notice, pleading or other papers addressed to the Architect-Engineer at the address stated in the Contract. ARTICLE 17. INDEMNIFICATION A. Violation of Laws, Regulations, Specifications, and Breach of Contract. If the Architect- Engineer violates any laws, regulations, codes or industry standards relating to the Project, the Architect-Engineer shall take prompt action to correct or abate such violation and shall indemnify and hold the District of Columbia and its officials, officers, agents, and employees, the Department and its consultants, representatives, agents, servants and employees harmless against any and all claims or liability, damages, fines, penalties, third party claims, suits, awards, actions, causes of action or judgments, including but not limited to reasonable attorney's fees and costs incurred thereunder, arising from or based on the violation of any such law, code, regulation, codes or industry standards, order or decree in performance of the Contract services whether by the Architect-Engineer, an employee or agent of the Architect-Engineer, any person, firm or corporation employee engaged by the Architect-Engineer or contractually associated with the Architect-Engineer in the performance of or in connection with the Services contemplated or performed under the Contract.. If the Architect-Engineer breaches the terms of this Contract, including the solicitation, letter contract, standard contract provisions, directives, specifications, manufacturer’s specifications, and the RFP, the Architect-Engineer shall indemnify and hold the Department and its consultants, representatives, agents, servants and employees harmless against any damages, fines, penalties, claims, suits, awards, actions, causes of action or judgments, including but not limited to reasonable attorney's fees and costs incurred thereunder, that result from such breach. B. Professional Services. To the fullest extent permitted by law, the Architect-Engineer shall defend, indemnify and hold harmless the Department and the Department’s consultants and agents and employees from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys’ fees, arising out of or resulting from performance of the services, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Architect-Engineer, a consultant or subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party
25
indemnified hereunder. C. Non-Professional Services. In addition, other than claims arising out of the performance of professional services, the Architect-Engineer shall defend, indemnify and hold harmless the Department, its representatives, consultants, officers, agents, servants and employees, from and against claims, liabilities, demands, losses, damages, judgments, costs, or expenses, including reasonable attorneys’ fees and expenses recoverable under applicable law, to the extent such claims are caused by acts or omissions of the Architect-Engineer, a consultant or subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder or arising out of the Contract services, provided that, such claims arise out of non-professional services required under the Contract. D. Third Party Disputes. Disputes between the Architect-Engineer and any subcontractors, material suppliers, or any other third parties over payments allegedly owed by the Architect- Engineer to a third party shall be resolved exclusively between the Architect-Engineer and the third party; the Architect-Engineer shall permit no pass-through suits to be brought against the District by a third party in the Architect-Engineer’s name. However, nothing herein shall be construed to prevent the Architect-Engineer from paying a subcontractor’s claim and seeking a timely equitable adjustment hereunder. ARTICLE 18. SUBCONTRACTORS AND/OR OUTSIDE ASSOCIATES AND CONSULTANTS A. Prior Consent Required. Except as otherwise provided in this Section 18 (A), the Architect-Engineer shall not delegate or enter into any Subcontracts for the performance of its obligations under the Contract, in whole or in part, without on each occasion obtaining the prior written consent of the Contracting Officer. Any subcontractors and/or outside associates or consultants required by the Architect-Engineer in connection with the Services covered by the Contract shall be limited to such individuals or firms as were specifically identified in the Architect-Engineer’s written proposal and approved by the District during negotiations. Any proposed changes in such subcontractors, associates, or consultants shall be subject to the prior written approval of the Contracting Officer. B. Requests. The Architect-Engineer shall submit to the Contracting Officer copies of all proposed subcontract(s) to be entered into by the Architect-Engineer, along with the Architect-Engineer’s written request for the District’s consent. All such subcontracts must specify that: 1. work performed by the subcontractor shall be in accordance with the terms of the Contract; 2. nothing contained in such subcontract shall be construed to impair the rights of the District under the Contract; 3. the District’s consent to or approval of any subcontract shall not create any obligation of the District to any subcontractor; 4. nothing contained in such subcontract, or under the Contract, shall create any obligation of the District to any subcontractor; 5. the District shall be expressly designated a third party beneficiary of the subcontract; 6. upon request by the District (at the District’s sole option) and upon receipt of written notice from the District stating that the Contract between the District and the Architect-Engineer has been
26
terminated, the subcontractor agrees that it will continue to perform its obligations under the subcontract for the benefit of the District in accordance with the terms and conditions of the Contract, provided the District pays the subcontractor for the services rendered and materials provided by the subcontractor from and after the date of the termination of the Contract between the District and the Architect-Engineer at the same rate or in the same amount as set forth in the subcontract for services and materials after such date of termination; 7. the subcontractor shall be bound by the same requirements as the Architect-Engineer including confidentiality, maintenance and preservation of records, and audit by government representatives, under the Contract; and 8. the subcontractor agrees (i) to assign and transfer to the District all of its rights to sales and use tax which may be refunded as a result of a claim for refund for any materials purchased in connection with the subcontract or the Contract, (ii) that, other than as directed by the District, it will not file a claim for refund for any sales or use tax which is the subject of this assignment; and (iii) that the District, in its own name or in the name of subcontractor, may file a claim for a refund of any sales or use tax covered by the assignment. C. No Relief of Obligations. No permitted subcontract shall relieve the Architect-Engineer of any obligation under the Contract. The Architect-Engineer shall be as fully responsible for the acts and omissions of its subcontractors or persons either directly or indirectly employed by them, as it is for the acts and omissions of the Architect-Engineer or persons directly or indirectly employed by the Architect-Engineer. D. No Effect. Any purported subcontract in violation of this Section or of any other section in the Contract shall be of no force and effect. E. Right to Reject. The District may, in its sole discretion, reject any or all bids and proposals received by the Architect-Engineer from any subcontractor for any portion of the services, and may require the Architect-Engineer to obtain new or revised bids or proposals or subcontractors. F. Incorporation by Reference. Any agreement the Architect-Engineer makes with a subcontractor, outside associate or consultant shall incorporate specifically or by reference thereto, each and every provision of the Contract, these Standard Contract Provisions, the Attachment(s) and Appendices hereto, and if applicable, the District’s Standard Contract Provisions for Construction Contracts. ARTICLE 19. WAIVER No waiver by the District or the Architect-Engineer of any breach of any provision of the Contract shall operate as a waiver of such provision or of the Contract or as a waiver of subsequent or other breaches of the same or any other provision of the Contract; nor shall any action or non-action by the Contracting Officer or by the District or the Architect-Engineer be construed as a waiver of any provision of the Contract or of any breach thereof unless the same has been expressly declared or recognized as a waiver by the Contracting Officer or the District or the Architect-Engineer, as applicable, in writing. ARTICLE 20. PATENTED AND PROPRIETARY ITEMS A. Prior Approval Required. The Architect-Engineer shall not, without the prior written approval of the Contracting Officer, specify for the Project, or necessarily imply the required use of any article, product, material, fixture or form of construction, the use of which is covered by a patent, or which
27
is otherwise exclusively controlled by a particular firm or group of firms. B. Indemnity. The Architect-Engineer shall be liable to and hereby agrees to defend, indemnify and hold harmless the District against any claim, action cost or judgment against the District for patent infringement, trademark violation, copyright violation or infringement of rights in technical data, in any systems, graphs, charts, designs, drawings or specifications furnished by the Architect-Engineer in the performance of the Contract. ARTICLE 21. TRANSFER OR ASSIGNMENT OF CONTRACT A. Prior Consent Required. Unless otherwise provided by law, neither the Contract nor any interest therein may be transferred or assigned by the Architect-Engineer to any other party without the written consent of the Contracting Officer; and any attempted transfer or assignment not authorized by this Article shall constitute a breach of the Contract and the District may for such cause terminate the Contract for default and terminate the right of the Architect-Engineer to proceed in the same manner as provided in Article 8.B. herein, and the Architect-Engineer shall be liable to the District for any excess cost occasioned the District thereby. B. Monies. The Architect-Engineer shall not assign any right to any monies to be paid under the Contract, without on each occasion obtaining the prior written consent of the Contracting Officer. In no case shall approval by the District of the assignment of any monies to be paid under the Contract relieve the Architect-Engineer from its obligations hereunder or change the remaining terms of the Contract. Any purported assignment in violation of this Article shall be of no effect. C. Applicability in Case of Bankruptcy or Insolvency. A receiver or trustee in any federal or state bankruptcy, insolvency or other proceedings shall comply with the requirements set forth in the Standard Contract Provisions. D. Obligation of Architect-Engineer. The Architect-Engineer acknowledges that the Services are the obligation of the Architect-Engineer and the District shall have no obligation to accept performance by a third party without the Contracting Officer’s prior and express written consent. E. Failure to Obtain Consent. Failure to obtain the previous written consent of the Contracting Officer to such an assignment, transfer or conveyance, shall justify, at the option of the Contracting Officer, the revocation and annulment of the Contract. The District shall thereupon be relieved and discharged from any further liability and obligation to the Architect-Engineer, his assignees or transfers, and the Architect-Engineer and his assignees shall forfeit and lose all monies theretofore earned under the Contract, except so much as may be required to pay the Architect-Engineer’s employees. F. Assignment by the District. This Contract may be assigned by the District to any corporation, agency or instrumentality of the District having authority to accept such assignment. ARTICLE 22. QUALIFICATIONS A. Signatory Authority and Qualifications. The Architect-Engineer hereby warrants that the signature or signatures herein before affixed are duly authorized further the Architect-Engineer warrants as a true statement any and all statements of qualification with respect to but not limited to professional status premises, employees experience and financial standing such as may be set forth in documents furnished by the Architect-Engineer or required by the District for the purpose of securing the District’s consent to enter into the Contract. Misrepresentation shall be
28
cause for termination for default of the Contract and such other action as may be appropriate including with limitation suspension and debarment and civil or criminal penalties. B. Good Standing. If the Architect-Engineer is an entity, the Architect-Engineer is either: (1) a not- for-profit corporation or other entity determined to be tax exempt pursuant to section 501(c) of the Internal Revenue Code by the Internal Revenue Service; or (2) a business corporation, partnership or other business entity duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization. The Architect-Engineer shall also be duly licensed, qualified and in good standing in the District of Columbia. The Architect-Engineer’s loss of good standing is grounds for Termination for Default without liability upon the Department. C. Authority to Act. The Architect-Engineer has full legal power and authority to enter and perform the Contract and provide the Services without resulting in a default under or a breach or violation of (1) the Architect-Engineer’s certificate or articles of incorporation or bylaws or other organizational documents, if applicable; (2) any applicable law, or any license, permit or other instrument or obligation to which the Architect-Engineer is now a party or by which the Architect-Engineer may be bound or affected; and (3) the Architect-Engineer’s tax exempt status, if applicable. D. Legal Obligation. The Contract has been duly authorized, executed and delivered by the District and the Architect-Engineer, by and through persons authorized to execute the Contract on their respective behalf, and constitutes the legal, valid and binding obligation of the District and the Architect-Engineer, enforceable against the District and the Architect-Engineer in accordance with its terms. E. No Litigation Preventing Performance. There is no litigation, claim, consent order, settlement agreement, investigation, challenge or other proceeding pending or threatened against the Architect-Engineer, its properties or business, or any individuals acting on the Architect-Engineer's behalf, including, without limitation, subcontractors, which seek to enjoin or prohibit the Architect-Engineer from entering into or performing its obligations under the Contract. F. Requisite Licensure and Qualifications. The Architect-Engineer and all of the entities and individuals acting on the Architect-Engineer’s behalf, including, without limitation, consultants and subcontractors, in connection with the Services under the Contract, possess and, at all times during the term of the Contract, shall possess all licenses, certifications, qualifications, or other credentials as required in accordance with all applicable laws, regulations and the terms of the Contract, to perform the Services. The Architect- Engineer shall provide the District with copies of all licenses, credentials, and/or certifications specified in this Section within five (5) days of request by the District. ARTICLE 23. ARCHITECT-ENGINEER’S WARRANTY AGAINST DEBARMENT The Architect-Engineer certifies that it is not currently (i) debarred, suspended or excluded, (ii) a party to a voluntary exclusion agreement, or (iii) otherwise enjoined from submitting bids or proposals on contracts for the type of services covered by the Contract, nor is the Architect-Engineer an agent of any person or entity that is currently so debarred, suspended, excluded or otherwise enjoined. ARTICLE 24. RECOVERY OF DEBTS OWED THE GOVERNMENT The Architect-Engineer hereby agrees that the Department may use all or any portion of any payment, consideration or refund due the Architect-Engineer under the Contract to satisfy, in whole or part, any debt due the District.
29
ARTICLE 25. ADMINISTRATIVE LIQUIDATED DAMAGES In addition to any other liquidated damages provided for in the Contract, the Architect-Engineer hereby agrees that the Government may assess administrative liquidated damages for the Architect-Engineer’s failure to submit when due any deliverable required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the administrative liquidated damages shall be $250 per day until the required deliverable is received and accepted by the Department. The Department’s remedies for failure to comply with the Contract terms and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the Department’s ability to terminate the Architect-Engineer for the failure to submit Contract deliverables when due. ARTICLE 26. FORCE MAJEURE If the Architect-Engineer, because of Force Majeure, is rendered wholly or partly unable to perform its obligations when due under this Contract, the Architect-Engineer may be excused from whatever performance is affected by the Force Majeure to the extent so affected. In order to be excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours of the occurrence or event, the Architect-Engineer must provide the Contracting Officer written notice of its inability to perform as well as a description of the Force Majeure and its effect on Contract performance. The Contracting Officer will have the right to cause the inspection of the work site to determine the validity of the Architect-Engineer’s assertion of its inability to perform. If the Contracting Officer agrees that the Architect-Engineer is wholly or partly unable to perform its obligations under the Contract a decision will be issued indicating the extent to which the Architect-Engineer is excused from its performance obligations. In no event will the Contractor be entitled to money damages from the Department due to Force Majeure.

EXHIBIT K
FORM OF LEIN WAIVER
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, 4TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
RELEASE OF LIEN
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Release of Liens:
The undersigned (insert Consultant/Contractor), has been paid partial payments totaling the sum of
(insert net amounts), which is _____% of the current contract value, in accordance with the contract terms
for the above referenced project , and hereby indemnifies, waives, releases and holds the District of
Columbia harmless for the above referenced project, including all claims, right to liens, and stop work
notices upon said premises or the improvements thereon under the statutes of the jurisdiction in which
the project is located.
In consideration of this payment due in the net amount of insert net amount due, in accordance with
contract terms for the above referenced project. Hereby indemnifies, waives, and releases the District of
Columbia for the above referenced project. All claims, right to liens, stop work notices upon said premises
or the improvements thereon under the statues of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, that he/she is duly authorized to sign
and execute this Release of Liens on behalf of (insert Consultant/Contractor); that (insert Consultant/
Contractor) has properly performed all work in accordance with the Contract Documents and that all
consultants, subcontractors or material men have been paid for all labor, including fringe benefits,
workers compensation, materials, equipment, services, taxes, insurance premiums, and bonds (if
required), and that any materials supplied to or incorporated in this project were taken from fully paid or
open stock with any exceptions noted below.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _____ __________

DISTRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
Notary Public, D.C.
My commission expires: _______________________________
[NOTARIAL SEAL]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, 5TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
FINAL RELEASE OF LIENS AND CLAIMS
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Final Release of Liens and Claims:
The undersigned (insert Consultant/Contactor name), in consideration of payments received and upon
receipt of the amount of a final payment of $ __________________ hereby indemnifies, waives, releases,
and holds the District of Columbia harmless for the above referenced project, including all claims, right to
liens, terminations, and stop notices upon said premises or the improvements thereon under the statutes
of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, that he/she is duly authorized to sign
and execute this Release of Final Liens and Claims on behalf of (insert Consultant /Contractor; that
(insert Consultant /Contractor) has properly performed all work and furnished all materials of the specified
quality in accordance with all contract documents in an acceptable workmanlike manner to the
Department of General Services/Construction Division, District of Columbia and that (insert Consultant
/Contractor) has paid for all labor, including fringe benefits and workers compensation, all materials,
equipment, services, taxes, insurance premiums, and bonds (if required) and that any materials supplied
to or incorporated in this project have been paid.
(Insert Consultant/Contactor) is executing this Final Release of Liens and Claims for the express purpose
of inducing the District to make final disbursement and payment to (insert Consultant/Contactor name) of
$__________________.
This letter must be signed and notarized below by authorized individuals .
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________

DISTRICT OF COLUMBIA ) ss

I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactoril y
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.

IN WITNESS WHEREOF, I have set my hand and official seal.

______________________________
Notary Public, D.C.

My commission expires: _______________________________

[NOTARIAL SEAL]

EXHIBIT L
GMP SUMMARY
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

Depatment of General Serices
Project Name
Project Address
Date:
Revision:
Area (SF):
C.S.I Sitework Renovation Addition / New
Construction
Swing Space (If
Applicable) Total Cost Cost per Square
Foot
01000 -$ -$
02000 -$ -$
03000 -$ -$
04000 -$ -$
05000 -$ -$
05500 -$ -$
06000 -$ -$
06400 -$ -$
07500 -$ -$
07900 -$ -$
08100 -$ -$
08800 -$ -$
09200 -$ -$
09300 -$ -$
09500 -$ -$
09600 -$ -$
09900 -$ -$
10000 -$ -$
11000 -$ -$
12000 -$ -$
14000 -$ -$
21000 -$ -$
22000 -$ -$
23000 -$ -$
26000 -$ -$
28000 -$ -$
31000 -$ -$
32000 -$ -$
33000 -$ -$
-$ -$ -$ -$ -$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
10% -$ -$ -$ -$ -$ -$
10% -$ -$ -$ -$ -$ -$
10% -$ -$ -$ -$ -$ -$
3.0% -$ -$ -$ -$ -$ -$
Payment & Performance Bond 1.2% -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$
Architect:
Engineer:
Estimator:1
Construction Contingency
Total Soft Cost
Architectural Millwork
Preconstruction Fee
Miscellaneous Metals
Doors, Frames, & Hardware
Aluminum & Glass
Ceramic Tile
Acoustical Ceilings
General Conditions
Building Permit - Allowance
Permit Expediting - Allowance
Design Fees
Total Project Cost
Owner Controlled Allowance
Insurance
Design Contingency
Utility Consumption Costs - Allowance
Moving Cost - Allowance
Public Art - Allowance
Other
Total Trade Cost
Design-Build Fee
Electrical
Low Voltage
Earthwork
Site Improvements
Site Utilities
Fire Protection
Plumbing
H.V.A.C
Furnishings
Elevators
Equipment
Flooring
Painting
GMP Budget Description
General Requirements
Existing Conditions - Demolition
Concrete
Masonry
Structural Steel
Rough Carpentry
Roofing and Waterproofing
Joint Sealants
Gypsum Wallboard Assemblies
Specialties

Depatment of General Serices
Date: Architect:
Revision: Engineer:
Area (SF): 10,000 SF Estimator:
C.S.I Letter Contract Modification #7 for
Banneker
Total Cost Kalorama, Mitchell, Rose
not including letter contract
Total Banneker,
Kalorama, Mitchell Rose
and letter contract
Cost per Square
Foot of Column H
01000 36,350$ 101,650$ 138,000$ 13.80$
2000 Demolition 43,644$ 55,860$ 99,504$ 9.95$
03000 65,533$ 64,683$ 130,216$ 13.02$
04000 57,677$ 57,677$ 5.77$
05000 -$ -$ -$
05500 55,673$ 89,320$ 144,993$ 14.50$
06000 3,553$ 19,843$ 23,396$ 2.34$
06400 13,246$ 0$ 13,246$ 1.32$
07500 -$ -$ -$
07900 -$ -$ -$
08100 26,286$ 51,091$ 77,377$ 7.74$
08800 -$ -$ -$
09200 3,451$ 29,800$ 33,251$ 3.33$
09300 14,748$ 20,300$ 35,048$ 3.50$
09500 15,225$ 0$ 15,225$ 1.52$
09600 6,090$ 18,270$ 24,360$ 2.44$
09900 4,461$ 14,431$ 18,892$ 1.89$
10000 7,421$ 10,547$ 17,968$ 1.80$
10000 12,819$ 5,826$ 18,645$ 1.86$
12000 -$ -$ -$
21000 0$ 0$ 0.00$
22000 55,282$ 73,862$ 129,144$ 12.91$
23000 0$ 0$ 0.00$
26000 29,435$ 58,870$ 88,305$ 8.83$
28000 33,998$ 85,725$ 119,723$ 11.97$
31000 15,225$ 45,675$ 60,900$ 6.09$
32000 3,040$ 12,312$ 15,352$ 1.54$
33000 0$ 0$ 0.00$
445,480$ 815,742$ 1,261,222$ 126.12$
89,100$ 89,100$ 8.91$
-$ -$ -$
36,600$ 36,600$ 3.66$
163,100$ 163,100$ 16.31$
12,500$ 37,500$ 50,000$ 5.00$
-$ -$ -$
1,750$ 9,655$ 11,405$ 1.14$
-$ -$ -$
-$ -$ -$
-$ -$ -$
2,055$ 5,865$ 7,920$ 0.79$
-$ -$ -$
2% 5,454$ 14,142$ 19,596$ 1.96$
5% 11,622$ 40,786$ 52,408$ 5.24$
12,500$ 37,500$ 50,000$ 5.00$
2.5% 12,284$ 24,031.00$ 36,315$ 3.63$
Payment & Performance Bond 1.5% 7,555$ 14,779.00$ 22,334$ 2.23$
65,720$ 184,258$ 249,978$ 25.00$
511,200$ 1,000,000$ 1,800,000$ 180.00$
Total Letter Contract 288,800$ -$
VE Deducts -$
511,200$ 1,000,000$ -$
VE (Adds) -$
1,800,000$ 180.00$
Total Project Cost w/ Value Engineering Deducts
Banneker Rec Ctr - 2500 Georgia Ave, NW, Washington DC 20001
Kalorama Rec Ctr - 1865 Kalorama Road, NW, Washington, DC 20009
Mitchell Park Rec Ctr - 1801 23rd Street, NW, Washington, DC 20008
Rose Park Rec Center - 2609 Dumbarton Street, NW, Washington, DC 20007
BCIV Permit Allowance
Ceramic Tile
Concrete
Masonry
Structural Steel
12/5/2024
Miscellaneous Metals (Included w/ 05000)
Rough Carpentry (Included w/ 09200)
Architectural Millwork
Roofing and Waterproofing
Joint Sealants (Included w/ Trade Bids)
Value Engineering (Deducts) (Door, Frame and Hardware substitution)
GMP Design Budget
Total GMP Estimate
Owner Controlled Allowance
Insurance
Painting
Specialties - Signage
Furnishings
GMP Budget Description
General Requirements
DDOT Public Space Permit - Allowance
Design-Build Fee
Specialties - Toilet Partitions
ADA Upgrades at Four DRR Facilities (DPR Package #1) - GMP for Kalorama, Mitchell Park, Rose Park
Total Soft Cost
Earthwork
Site Improvements
Site Utilities
Total Trade Cost
General Conditions
Preconstruction Fee
Fire Protection
Plumbing
Design Contingency
Construction Contingency
Doors, Frames, & Hardware
Aluminum & Glass
Gypsum Wallboard Assemblies
Traffic Control-Allowance
Total Project Cost
AMT LLC
AMT LLC
Chiaramonte Construction Company
Public Art - Allowance
H.V.A.C (Included in Plumbing Bids)
Electrical & Fire Alarm strobes) - note: The fire alarm strobes are an allowance amount
Low Voltage
Acoustical Ceilings
Flooring
Design Fees
Building Permit
Permit Expediting
Utility Consumption Costs - By Owner
Moving Cost - Excluded

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL
1 KALORAMA, MITCHELL PARK & ROSE PARK:
2 Safety Equipment - Barriers, Safety Signage 3 Months 1,050$ 3,150$
3 Dumpsters / Hauling 20 EA 1,100$ 22,000$
4 Portable Toilets 6 Months 2,000$ 12,000$
5 Consulting - Scheduling 3 Months 1,500$ 4,500$
6 Consulting - CBE/SBE compliance 6 Months 1,500$ 9,000$
7 Site Security & Protective Fencing 6 Months 1,000$ 6,000$
9 Small Tools & Equipment 3 Months 2,000$ 6,000$
10 3rd Party Inspections - Allowance 3 EA 3,500$ 10,500$
11 Hazmat Survey 3 EA 3,000$ 9,000$
12 Final Cleaning 3 EA 2,500.00$ 7,500$
13 Survey and layout 3 EA 4,000.00$ 12,000$
14
TOTAL COST
101,650$ GMP BUDGET AMOUNT
101,650$
01000 - General Requirements
BID QUANTITIES INTERNAL ESTIMATE

REF # ITEM DESCRIPTION QTY. UNIT DIRECT COSTS INDIRECT COSTS TOTAL
1 Revised door quote with alternate doors, frames and hardware 1 ls (33,379)$ (33,379)$
2 (This savings is already reflected in the Door, Frames and Hardware Cost Code in GMP) -$
3 -$
4 -$
5 -$
6 -$
TOTAL COST
(33,379)$
01000 - Value Engineering (Deducts)
BID QUANTITIES INTERNAL ESTIMATE
(33,379)$
GMP BUDGET AMOUNT

REF # ITEM DESCRIPTION QTY. UNIT DIRECT COSTS INDIRECT COSTS TOTAL
1 KALORAMA REC CENTER -$
2
3 -$
4 -$
5 MITCHELL PARK REC CENTER -$
6 PCO001 - Bathroom Renovations at Mitchell Park 1 LS 60,858$ 60,858$
7 -$
8 ROSE PARK REC CENTER -$
9
TOTAL COST
60,858$
01000 - Value Engineering (Adds)
BID QUANTITIES INTERNAL ESTIMATE
60,858$
GMP BUDGET AMOUNT

REF # ITEM DESCRIPTION
1 If abatement work is required, this will result in a change order to complete
2 Additional work may be required based on onsite conditions not visible
3 The more economical revised door package is the one that is included in this GMP
4 No ADA Parking space striping or signs is included in Rose Park scope of work
5 This GMP and the GMP for Banneker are all part of one project for CCC
Assumptions and Clarifications

REF # ITEM DESCRIPTION
1 Flooring $ 18,270
2 Total Allowances $ 18,270
01000 - List of Allowances

REF # ITEM DESCRIPTION QTY. UNIT UNIT
AMOUNT TOTAL
Included
in Scope
Y/N
UNIT
AMOUNT BID
Included
in Scope
Y/N
UNIT
AMOUNT BID
Included
in Scope
Y/N
UNIT
AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 0$
2
3
4 Kalorama Rec Center Int. Y 30,989$ 30,989$ Y 45,000$ 45,000$
5 Site Demo Y Y
6 Demo front metal gates
7 Demo rear exterior stairs into rear ext. restroom entrance
8 Demo concrete area at exterior restroom entrance
9 Demo door at side restroom entrance
10 Demo area to prep for trash/recycle concrete pad
11
12 Interior Demo Y Y
13 Back Left Restroom:
14 Demo toilet partitions and accessories
15 Demo toilets and urinals
16 Demo interior restroom door
17
18 Front Left Restroom:
19 Demo all fixtures (toilet, sinks, urinal)
20 Demo all accessories, grab bars, toilet paper dispensers,
21 mirrors, paper towel dispensers
22 Demo toilet and urinal partitions
23 Demo wall next to toilet, partial walls behind sinks & walls at
24 entrance to restroom from multi-purpose room
25 Demo both interior restroom doors
26
27 Middle Left Restroom:
28 Demo sink/faucet
29 Demo all accessories, mirror, paper towel dispensers
30
31 Multi-Purpose Room:
32 Demo wall, counter and roll up door
33 Demo drinking fountain
34 Demo furnace (salvage for re-installation)
35 Demo bifold doors at storage closet
36
37 Mitchell Park Rec Center Int. Y 15,450$ 15,450$ Y 14,243$ 14,243$
38 Site Demo Y Y
39 Demo ADA side entrance door and frame
40 Demo portion of existing ramp and replace with seed/straw
41 Demo side entrance guard/hand rail at top landing
42 Demo side curved ramp and hand/guard rails
43
44 Interior Demo Y Y
45 Restroom to left of ADA exit door (from inside):ADD ALT
46 Demo all accessories
47 Demo toilet and sink
02000 - Demolition
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte JJPS

48 Demo interior restroom door and frame
49 Demo wall betw. Closet & restroom and wall facing toilet
50 Demo electric. & plumbing to allow for wall removal
51 Demo restroom floor and wall tile
52
53 Restroom to right of ADA exit door (from inside):ADD ALT
54 Demo all accessories
55 Demo toilets and sink
56 Demo interior restroom door
57 Demo wall between closet and restroom
58 Demo electrical & plumbing to allow for wall removal
59 Demo restroom floor and wall tile
60
61 Multi-Purpose Room:
62 Demo closet doors and partial walls per plans ADD ALT
63 Demo interior corridor door
64 Demo water heaters from inside closets and salvage for reuse ADD ALT
65
66 Rose Park Rec Center Int. Y 8,595$ 8,595$ Y 30,000$ 30,000$
67 Site Demo Y Y
68 Demo existing pavers at walkway to entrance of building
69 (salvage for re-use)
70 Demo concrete area at ADA Parking spaces
71 Demo curved ramp due to slope inaccuracies for ADA comp
72
73 Interior Demo Y Y Y
74 Rear Left Restroom:
75 Demo interior door
76
77 Front Left Restroom:
78 Demo all accessories
79 Demo toilet and sink
80 Demo interior restroom door and frame
81
82 Multi-Purpose Room & Corridor:
83 Demo drinking fountain
84
85
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
55,860$
55,860$ 90,582$ -$
GMP BUDGET AMOUNT
55,034$ 89,243$ -$
826$ 1,339$ -$
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments -$
2 0$
3
4 KALORAMA REC CENTER 1858 SF Y 6,761$ 6,761$ Y 23,350$ 23,350$
5 Reconstruct ramp to front entrance on right side when facing building
6 New ADA ramp designed or temp ramp at park entrance on Columbia Rd
7 Build concrete ramp to exterior entrance at rear restroom
8 Build concrete pad at rear of Kalorama for trash/recycle bins
9 Repair and patch concrete where stairs were removed at side restroom ext. entrance
10
11
12 MITCHELL PARK REC CENTER 1257 SF Y 32,980$ 32,980$ Y 19,950$ 19,950$
13 Prep site at ADA side entrance for new ramp work and paddle post
14 Expand ramp landing at ADA entrance to accommodate new door clearance
15 Construct new ADA landingarea on curb at ADA parking spaces
16 Build new curved ramp and two new landings with 2% slope on side of Rec. center
17 Add new curb and gutter on portion of curb
18
19 ROSE PARK REC CENTER 1544 SF Y 23,986$ 23,986$ Y 18,130$ 18,130$
20 Reconstruct curved ramp with slope not to exceed 8.3%
21 Exist. ADA ramp at parking spaces to assure flares & slopes meet ADA
22 Confirm ADA access from street ramp to adjacent ramp meets ADA
23 Add ADA ramp for playground 1 LS 25,000.00$ 25,000$ Y N 25,000$ 25,000$
24
25
26
TOTAL BID 25,000$
1.5% SDI 375$
TOTAL BID AMOUNT 25,375$
64,683$
-$
GMP BUDGET AMOUNT
63,727$ 86,430$ -$
64,683$ 87,726$ -$
-$
956$ 1,296$ -$ -$
03000 - Concrete
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte LA Howard CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 0$
2
#REF!
#REF! KALORAMA REC CENTER
#REF! Infill side of Kalorama where restroom door was demo'ed 21,580$ 21,580$
#REF!
#REF!
#REF!
#REF! MITCHELL PARK REC CENTER
#REF! No Masonry Scope
#REF!
#REF!
#REF! ROSE PARK REC CENTER Y 22,395$ 22,395$
#REF! Regrade and reset brick pavers to meet ADA grades Y 12,850$ 12,850$
#REF! Adjust pavers at ent. Walkway along edge to be flush w concrete
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
57,677$
57,677$ -$ -$ -$
GMP BUDGET AMOUNT
56,825$ -$ -$ -$
852$ -$ -$ -$
04000 - Masonry
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 200,000$ 189,880$ 189,880$ 102,570$ 102,570$
2
3
4 KALORAMA REC CENTER
5 Add new aluminum ADA ramp at new ADA parking space Y 24,380$ 24,380$ Y
6 New handrail and guardrail at main entrance right ramp
7 New grab rail welded to guardrail at main entrance right ramp inner side
8 New guardrail at new ramp at rear restroom exterior entrance
9
10 MITCHELL PARK REC CENTER
11 New handrail and grab rail at existing ramp at ADA side entrance 1 LS 43,820.00$ 43,820$ Y 43,820$ 43,820$ Y N 43,820$ 43,820$
12 New guardrail and handrail added to new curved ramp
13 New ADA aluminum ramp at parking spaces
14
15
16 ROSE PARK REC CENTER Y 19,800$ 19,800$
17 New aluminum ADA ramp at ADA Parking
18 New handrail and guardrail at new curved ramp
19 New grab rail to be welded to existing handrail at end section of concrete ramp
20
21 Scope adjustment CBE 1 LS 15,000.00$ 15,000$ N 15,000$ 15,000$
22
23
24
TOTAL BID 258,820$
1.5% SDI 3,882$
TOTAL BID AMOUNT 262,702$
89,320$
05500 - Miscellaneous Metals
BID QUANTITIES INTERNAL ESTIMATE Nelson Welding District Iron & Metal Works Unique Ironworks CONTRACTOR D
88,000$ 189,880$ 161,390$ -$
1,320$ 2,848$ 2,421$ -$
89,320$ 192,728$ 163,811$ -$
GMP BUDGET AMOUNT

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 20,000.00$ 20,000$
2
3 KALORAMA REC CENTER 7,500$ 7,500$
4 In wall blocking 60 LF 8.00$ 480$ Y
5 Framing new partition walls Y
6 Frame new closet walls to resize closet Y
7 Infill wall where we are closing up exterior entrance to side restr. Y
8 Infill interior walls per plans Y
9
10
11 MITCHELL PARK REC CENTER 8,050$ 8,050$
12 In wall blocking 60 LF 8.00$ 480$ Y
13 Install cased opening betw. Multi-purpose rm & corridor
14 Infill original restroom door entrances IN ADD ALT.
15 Frame new partition walls next to new restroom doors IN ADD ALT
16
17 ROSE PARK REC CENTER 4,000$ 4,000$
18 Rough Carpentry Allowance 60 LF 8.00$ 480$ Y
19
20
21
22
23
24
25
26
27
28
29
30
31
32
TOTAL BID 21,440$
1.5% SDI 322$
TOTAL BID AMOUNT 21,762$
19,843$
19,843$ -$ -$ -$
GMP BUDGET AMOUNT
19,550$ -$ -$ -$
293$ -$ -$ -$
06000 - Rough Carpentry
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction Co. CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 SF 0.01$ 0$
2
2 Kalorama Rec Center Int.
3
4 Mitchell Park Rec Center Int.
5
6
7 Rose Park Rec Center Int.
8
9
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
0$
-$ -$ -$ -$
GMP BUDGET AMOUNT
-$ -$ -$ -$
-$ -$ -$ -$
06500 - Architectural Millwork
BID QUANTITIES INTERNAL ESTIMATE Maryland Finishing CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 100,000$ 10,100$ 10,100$
2
3 Kalorama Rec Center Int. 16,420$ 16,420$
4 First Floor Plan Kalorama:
5 Door, Frame package per plans 1 LS 40,995$ 40,995$ Y N 16,420$ 16,420$
6 Installation of doors, frames and hardward 2 EA 1,000$ 2,000$ N 3,500$ 3,500$ Y
7
8
9 Mitchell Park Rec Center Int. 10,411$ 10,411$ N 10,411$ 10,411$
10 First Floor Plan Mitchell Park:
11 Additional Hardware 1 LS 2,500$ 2,500$ N 2,500$ 2,500$ N 2,500$ 2,500$
12 Installation of doors, frames and hardware 1 LS 1,600$ 1,600$ N 1,600$ 1,600$ Y
13 Door, Frame, hardware work (mat & labor) relating to restrooms IN ADD ALT.
14
15 Rose Park Rec Center Int. 12,905$ 12,905$
16 First Floor Plan Rose Park:
17 Door, Frame, Hardware package per plans 1 LS 16,973$ 16,973$ Y N 12,905$ 12,905$
18 Installation of doors, frames and hardware 3 LS 1,000.00$ 3,000$ N 3,000$ 3,000$ Y
TOTAL BID 167,068$
1.5% SDI 2,506$
TOTAL BID AMOUNT 169,574$
51,091$
51,091$ 53,121$ -$ -$
GMP BUDGET AMOUNT
50,336$ 52,336$ -$ -$
755$ 785$ -$ -$
08100 - Doors, Frames, & Hardware
BID QUANTITIES INTERNAL ESTIMATE Washington Doors Chiaramonte CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 0$
2
3 Kalorama Rec Center Int. 15,200$ 15,200$
4 First Floor Plan Kalorama:
5 Add drywall for all new partition walls being built
6 Patch drywall as needed for wall repairs
7
8
9 Mitchell Park Rec Center Int. 11,600$ 11,600$
10 First Floor Plan Mitchell Park:
11 Drywall work at new cased opening bet. Corr. & MP rm
12 Patch drywall as needed in all rooms per plans
13 All Drywall related to restroom work IN ADD ALT.
14
15 Rose Park Rec Center Int. 2,560$ 2,560$
16 First Floor Plan Rose Park:
17 Repair drywall at front entrance for new header
18 Repair drywall at location of new drinking fountain
19 Repair and patch drywall as needed
20
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
29,800$
29,800$ -$ -$ -$
GMP BUDGET AMOUNT
29,360$ -$ -$ -$
440$ -$ -$ -$
09200 - Gypsum Wallboard Assemblies
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 LS 20,000.00$ 20,000$
2 Kalorama: Y 9,111$ 9,111$
3 Furnish & install tile at walls and floors due to ADA ren.
4
5 Mitchell Park: Y 8,836$ 8,836$
6 All restroom tiling at Mitchell Park IN ADD ALT.
7
8 Rose Park: Y 2,862$ 2,862$
9 Furnish & install tile at walls and floors due to ADA ren.
10
11
TOTAL BID 20,000$
1.5% SDI 300$
TOTAL BID AMOUNT 20,300$
20,300$
21,121$ -$ -$ -$
GMP BUDGET AMOUNT
20,809$ -$ -$ -$
312$ -$ -$ -$
09300 - Ceramic Tile
BID QUANTITIES INTERNAL ESTIMATE SRC Contractors Inc. CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 0$ 0$ 0$
2 Y
3
4
5
5
6
7
8
8
9
10
11
11
12
13
14
14
15
16
17
18
19
20
21
22
23
24
25
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
0$
-$ -$ -$ 0$
GMP BUDGET AMOUNT
-$ -$ -$ 0$
-$ -$ -$ 0$
09500 - Acoustical Ceilings
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction Co. CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01$ 0$ 18,000$ 18,000$
2 Kalorama, Mitchell Park, Rose Park
3 Allowance for floor repairs during renovation 3 EA 6,000$ 18,000$
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TOTAL BID 18,000$
1.5% SDI 270$
TOTAL BID AMOUNT 18,270$
18,270$
18,270$ -$ -$ -$
GMP BUDGET AMOUNT
18,000$ -$ -$ -$
270$ -$ -$ -$
09600 - Flooring
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 SF 0.01$ 0$
2 KALORAMA REC CENTER Y 4,722$ 4,722$
3 Interior Paint Allowance
4
5
6 MITCHELL PARK REC CENTER Y 3,730$ 3,730$
7 Interior Paint Allowance
8 Painting allowance for restrooms 2,766$ 2,766$
9
10 ROSE PARK REC CENTER Y 3,000$ 3,000$
11
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
14,431$
14,431$ -$ -$ -$
GMP BUDGET AMOUNT
14,218$ -$ -$ -$
213$ -$ -$ -$
09900 - Painting
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction Co. CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 EA 0.01$ 0$ 10,000$ 10,000$
2 KALORAMA REC CENTER Y 4,141$ 4,141$ 2,025$ 2,025$
3 Sign package
4
5
6
7 MITCHELL PARK REC CENTER Y 2,865$ 2,865$ 1,849$ 1,849$
8 Sign package
9
10
11 ROSE PARK REC CENTER Y 3,385$ 3,385$ 1,964$ 1,964$
12 Sign Package
13
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
10,547$
10,547$ 16,075$ -$ -$
GMP BUDGET AMOUNT
10,391$ 15,838$ -$ -$
156$ 238$ -$ -$
10000 - Specialties Signs
BID QUANTITIES INTERNAL ESTIMATE Modulex Gelberg CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 5,000$
2 KALORAMA REC CENTER
3 Furnish and install accessories 1 LS 2,910$ 2,910$ Y 2,910$ 2,910$
3
4 MITCHELL PARK REC CENTER
5 Furnish and install accessories 1 LS 1,870.00$ 1,870$ Y 1,870$ 1,870$
5
6 ROSE PARK REC CENTER
7 Furnish and Install Accessories 1 LS 231.50$ 232$ Y 960$ 960$
8
9 Note: Accessories at all sites include the following:
10 Toilet paper dispensers
11 Grab bars - 18", 36" 42"
12 Paper towel dispensers
13 Mirrors - Tilt and channel - 18"x36"
14 Soap dispensers
TOTAL BID 10,012$
1.5% SDI 150$
TOTAL BID AMOUNT 10,162$
5,826$
10000 - Specialties - Toilet Partitions and Accessories
BID QUANTITIES INTERNAL ESTIMATE MD Partitions CONTRACTOR B CONTRACTOR C CONTRACTOR D
5,740$ -$ -$ -$
86$ -$ -$ -$
5,826$ -$ -$ -$
GMP BUDGET AMOUNT

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 SF 0.01$ 0$
2 BANNEKER COMMUNITY CENTER
3
4
5
6 KALORAMA REC CENTER
7
8
9
10
11 MITCHELL PARK REC CENTER
12
13
14
15 ROSE PARK REC CENTER
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
0$
-$ -$ -$ -$
GMP BUDGET AMOUNT
-$ -$ -$ -$
-$ -$ -$ -$
21000 - Fire Protection
BID QUANTITIES INTERNAL ESTIMATE CONTRACTOR A CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 LS 160,000.00$ 160,000$ 147,205$ 147,205$
2
3 Kalorama Rec Center Int. 1 LS 31,235$ 31,235$ Y 34,910$ 34,910$ Y 60,590$
4 First Floor Plan Kalorama:
5 Relocate drinking fountain
6 Reconfigure toilet rooms so plumbing will change
7 Replace sink
8
9 Mitchell Park Rec Center Int. 1 LS 17,235$ 5,000$ Y 19,965$ 19,965$ Y 27,970$
10 First Floor Plan Mitchell Park:
11 Drinking Fountain Model: HTHB-HAC8BLWF
12
13 Rose Park Rec Center Int. 1 LS 12,692$ 12,692$ Y 17,895$ 17,895$ Y 15,890$
14 First Floor Plan Rose Park:
15 Provide ADA compliant drinking fountain
16 Replace toilet and sink in restroom
17 Drinking Fountain Model: HTHB-HAC8BLWF
18
19
TOTAL BID 208,927$
1.5% SDI 3,134$
TOTAL BID AMOUNT 212,061$
73,862$
73,862$ 149,413$ -$ -$
SD BUDGET AMOUNT
72,770$ 147,205$ -$ -$
1,092$ 2,208$ -$ -$
22000 - Plumbing and 23000 -Mechanical
BID QUANTITIES INTERNAL ESTIMATE Diaz Sheet Metal Magnolia CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 LS 0.01$ 0$
2
3 BANNEKER COMMUNITY CENTER
4 Relocate cabinet heaters at egress & hallway for head clearnce
5 Replace range hood w ADA compliant hood (Labor)
6 Range Hood - ALLOWANCE
7 Mechanical material Allowance
8
9 KALORAMA REC CENTER
10 Relocate Furnace to new location in same closet
11
12 MITCHELL PARK REC CENTER
13 No HVAC scope
14 ROSE PARK REC CENTER
15 No HVAC scope
16
17
18
19
20
21
22
23
24
25
26
27
28
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
0$
-$ -$ -$ -$
GMP BUDGET AMOUNT
-$ -$ -$ -$
-$ -$ -$ -$
23000 - HVAC (INCLUDED IN PLUMBING BIDS)
BID QUANTITIES INTERNAL ESTIMATE Diaz Sheet Metal CONTRACTOR C CONTRACTOR D CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 60,000$
2 KALORAMA REC CENTER 19,500$ 19,500$ Y 6,590$ 6,590$
3 Restroom electrical work
4 Wire for ADA operators
5 Main area electrical work
6 Wall mounted Fire alarm strobes allowance 1 LS 1,500.00$ 1,500$ Y N 1,500$ 1,500$
7
8 MITCHELL PARK REC CENTER 29,500$ 29,500$ Y 3,145$ 3,145$
9 Wall mounted Fire alarm strobes allowance IN ADD ALT. 2 LS 1,500.00$ 3,000$ N 3,000$ 3,000$
10 Wire for ADA operators
11 Main area electrical work
12
13
14 ROSE PARK REC CENTER 9,000$ 9,000$ Y 6,390$ 6,390$
15 Restroom electrical work
16 Main area electrical work
17
18
19 Scope correction 1 LS 50,000.00$ 50,000$ Y N 50,000$ 50,000$
20
21
TOTAL BID 114,500$
1.5% SDI 1,718$
TOTAL BID AMOUNT 116,218$
58,870$
58,870$ 71,684$ -$ -$
GMP BUDGET AMOUNT
58,000$ 70,625$ -$ -$
870$ 1,059$ -$ -$
26000 - Electrical & Fire Alarm
BID QUANTITIES INTERNAL ESTIMATE Total Electric, Inc. Upscale Quality LLC C&L CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 0.01$ -$ Y
#REF! KALORAMA REC CENTER 24,212$ 24,212$
#REF! ADA operators on new front double doors
#REF!
#REF! MITCHELL PARK REC CENTER Y 13,663$ 13,663$
#REF! Add ADA automatic operator on side ADA entrance
#REF!
#REF! ROSE PARK REC CENTER Y 46,583$ 46,583$
#REF! ADA operator at main entrance
#REF! ADA operators at 2 exterior restroom entrances
#REF! ADA operator at front restroom door
#REF!
#REF!
TOTAL BID -$
1.5% SDI -$
TOTAL BID AMOUNT -$
85,725$
85,725$ -$ -$ -$
GMP BUDGET AMOUNT
84,458$ -$ -$ -$
1,267$ -$ -$ -$
28000 - Low Voltage
BID QUANTITIES INTERNAL ESTIMATE Vision Securities CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 50,000$ 50,000$
#REF! KALORAMA REC CENTER
#REF! Repair grass & landscape disturbed by ramp renovations 15,000$ 15,000$
#REF! Erosion & Sediment Control
#REF!
#REF! MITCHELL PARK REC CENTER
#REF! Repair grass & landscape disturbed by ramp renovations 15,000$ 15,000$
#REF! Erosion & Sediment Control
#REF! ROSE PARK REC CENTER
#REF! Repair grass & landscape disturbed by ramp renovations 15,000$ 15,000$
#REF! Erosion & Sediment Control
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
#REF!
TOTAL BID 50,000$
1.5% SDI 750$
TOTAL BID AMOUNT 50,750$
45,675$
45,675$ -$ -$ -$
GMP BUDGET AMOUNT
45,000$ -$ -$ -$
675$ -$ -$ -$
31000 - Earthwork
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction CONTRACTOR B CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 LS 50,000.00$ 50,000$ 7,300$ 7,300$
#REF! KALORAMA REC CENTER 1,415$ 1,415$ N 1,415$ 1,415$
#REF! Two designated ADA parking spaces 825 SF Y
#REF! Two rubber parking brakes 2 EA 650.00$ 1,300$ N 1,300$ 1,300$ Y
#REF! Six plastic pylons 6 EA 500.00$ 3,000$ N 3,000$ 3,000$ Y
#REF! ADA Aluminum Ramp allowance 1 EA 2,500.00$ 2,500$ N 2,500$ 2,500$ N 2,500$ 2,500$
#REF!
#REF! MITCHELL PARK REC CENTER
#REF! Two designated ADA parking spaces 825 SF Y 1,415$ 1,415$ N 1,415$ 1,415$
#REF!
#REF! ROSE PARK REC CENTER
#REF! ADA Aluminum Ramp allowance 1 EA 2,500.00$ 2,500$ N 2,500$ 2,500$ N 2,500$ 2,500$
#REF!
TOTAL BID 59,300$
1.5% SDI 890$
TOTAL BID AMOUNT 60,190$
12,312$
12,312$ 15,357$ -$ -$
GMP BUDGET AMOUNT
12,130$ 15,130$ -$ -$
182$ 227$ -$ -$
32000 - Site Improvements
BID QUANTITIES INTERNAL ESTIMATE Pronto Paving Chiaramonte Construction CONTRACTOR C CONTRACTOR D

REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 LS 0.01$ 0$
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
TOTAL BID 0$
1.5% SDI 0$
TOTAL BID AMOUNT 0$
0$
-$ -$ -$ -$
GMP BUDGET AMOUNT
-$ -$ -$ -$
-$ -$ -$ -$
33000 - Site Utilities
BID QUANTITIES INTERNAL ESTIMATE CONTRACTOR A CONTRACTOR B CONTRACTOR C CONTRACTOR D

EXHIBIT M
(RESERVED)
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

EXHIBIT N
FF&E AND CLOSE-OUT DELIVERABLES
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

FF&E and Close-Out Deliverable
1. FF&E
N/A
2. Close-Out
The following deliverables are required during the Project’s Close-Out.
a. A complete set of the Design-Builder’s Project files.
b. A complete set of product manuals (O&M), training videos, warranties,
etc.
c. as built record drawings.
d. attic stock and schedule.
e. equipment schedule.
f. proposed schedule of maintenance.
g. environmental, health & safety documents.
h. all applicable inspection certificates/permits (boiler, elevator, emergency evacuation plans,
health inspection, etc.).
i. Environmental, health & safety documents.

EXHIBIT O
SUBCONTRACTOR PERFORMANCE EVALUATION FORM
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Page 1 of 2
Offeror Name: ________________________
Performance
Element Excellent* Good Acceptable Poor Unacceptable**
Quality of Services/
Work
Timeliness of
Performance
Cost
Control
Business
Relations
Customer
Satisfaction
1. Name of Evaluating Organization: ___________________________________________
2. Name & Title of Evaluator: ____________________________________________
3. Telephone Number of Evaluator: ______________________
4. E-mail address of Evaluator: ___________________________
5. Signature of Evaluator: _______________________________ Date: ___________
6. Describe type of service received: _______________________________________
7. Contract Number ______________________ Contract Amount ___________
8. Contract Period of Performance _____________________________
*Remarks on Excellent Performance: Provide data supporting this observation.
(Continue on separate sheet if needed)
** Remarks on Unacceptable Performance: Provide data supporting this observation.
(Continue on separate sheet if needed)
Solicitation Number: DCAM-24-CS-RFP-0005
DESIGN-BUILD SERVICES
FOR
AGREEMENT FOR ADA UPGRADES OF FOUR DPR FACILITIES (BANNEKER, KALORAMA,
MITCHELL PARK, AND ROSE PARK) (DPR PACKAGE #1)

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Page 2 of 2
RATING GUIDELINES
Summarize Contractor performance in each of the rating areas. Assign each area a rating of 0 (Unacceptable), 1 (Poor), 2
(Acceptable), 3 (Good), 4(Excellent), or ++ (Plus). Use the following instructions as guidance in making these evaluations.
Quality Timeless Business
Product/Service Cost Control of Performance Relations
-Compliance with -Within budget (over/ -Meet Interim milestones -Effective management
contract requirements under target costs) -Reliable -Businesslike correspondence
-Accuracy of reports -Current, accurate, and -Responsive to technical -Responsive to contract
-Appropriateness of complete billings directions requirements
personnel -Relationship of negated -Completed on time, -Prompt notification of contract
-Technical excellence costs to actual including wrap-up and problems
-Cost efficiencies -contract administration -Reasonable/cooperative
-Change order issue -No liquidated damages -Flexible
assessed -Pro-active
-effective contractor
recommended solutions
-Effective snail/small
disadvantaged business
Subcontracting program
0. Zero Nonconformances are comprises Cost issues are comprising Delays are comprising Response to inquiries, technical/
the achievement of contract performance of contract the achievement of contract service/administrative issues is
requirements, despite use of requirements. requirements, Despite use not effective and responsive.
Agency resources of Agency resources.
1, Unacceptable Nonconformances require major Cost issues require major Delays require major response to inquiries, technical/
Agency resources to ensure Agency resources to ensure Agency resources to ensure service/administrative issues is
achievement of contract achievement of contract achievement of contract marginally effective and
requirements. requirements. requirements. responsive.
2. Poor Nonconformance require minor Costs issues require minor Delays require minor Responses to inquiries, technical/
Agency resources to ensure Agency resources to ensure Agency resources to ensure service/administrative issues is
achievement of contract achievement of contract achievement of contract somewhat effective and
requirements. requirements. requirements. responsive.
3. Acceptable Nonconformances do not impact Cost issues do not impact Delays do not impact Responses to inquires, technical/
achievement of contract achievement of contract achievement of contract service/administrative issues is
requirements. requirements. requirements. usually effective and responsive.
4. Good There are no quality problems. There are no cost issues. There are not delays. Responses to inquiries, technical/
service/administrative issues is
effective and responsive,
5. Excellent The contractor has demonstrated an exceptional performance level in some or all of the above categories.

EXHIBIT P
(RESERVED)
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

EXHIBIT Q
(RESERVED)
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

EXHIBIT R
2025 LIVING WAGE ACT
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
THE LIVING WAGE ACT OF 2006
D.C. Code §§ 2-220.01 – 2-220.11
Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who
perform services under the contracts no less than the current living wage.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50 per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates will increase to
$18.00 per hour.
The requirement to pay a living wage applies to:
▪ All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive
$15,000 or more from the funds received by the recipient from the District of Columbia, and
▪ All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of
these recipients that receive $50,000 or more from the government assistance received by the
recipient from the District of Columbia.
“Contract” means a written agreement between a recipient and the District government.
“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit
from an agency, commission, instrumentality, or other entity of the District government.
“Affiliated employee” means any individual employed by a recipient who received compensation directly
from government assistance or a contract with the District of Columbia government, including employees of
the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs
services pursuant to government assistance or contract. The term “affiliated employee” does not include
those individuals who perform only intermittent or incidental services with respect to the contract or
government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.

Certain exemptions apply: 1) Contracts or agreements subject to wage determinations required by federal law
which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements,
provided that the future agreement results in employees being paid no less than the current living wage; 3)
contracts for electricity, telephone, water , sewer performed by regulated utilities; 4) contracts for services needed
immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to
recipients that provide trainees with services, including but not limited to case management and job readiness
services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a
school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or
retail establishments that occupy property constructed or improved by government assistance, provided there is no
receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more
than 50 individuals and qualify for 501(c)(3) status; 9) Medicaid provider agreements for direct care services to
Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for persons with intellectual disabilities as those terms are defined
in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of
1983; D.C. Code § 44-501; and 10) contracts or agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.

Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and
workers who provide companionship services. Employers within this industry are now subject to recordkeeping
provisions.

Each recipient and subcontractor of a recipient shall provide this notice to each affiliate d employee covered by this notice, and
shall also post this notice in a conspicuous site in its place of business. All recipients and subcontractors shall retain payroll
records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 ye ars.

To file a claim, visit: Department of Employment Services, Office of Wage-Hour, 4058 Minnesota Avenue, NE, Suite 3600,
Washington, D.C. 20019; call: (202) 671-1880; or file your claim on-line: does.dc.gov. Go to “File a Claim” tab.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services

MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES
MAYOR DIRECTOR

4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET

The Living Wage Act of 2006 , D.C. Code §§ 2 -220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (grants, loans, tax increment financing) , in the amount of
$100,000 or more, shall pay affiliated employees wages at no less than the current living wage rate.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50
per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates
will increase to $18.00 per hour.

Subcontractors of D.C. government contractors , who receive $15,000 or more from the contract , and subcontractors
of the recipients of government assistance, who receive $50,000 or more from the assistance, are also required to pay
their affiliated employees no less than the current living wage rate.
“Affiliated employee” means any individual employed by a recipient who receives compensation directly from
government assistance or a contract with the District of Columbia government, including any employee of a
contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract.
The term “affiliated employee” does not include those individuals who perform only intermittent or incidental
services with respect to the government assistance or contract, or who are otherwise employed by the contractor,
recipient or subcontractor.
Exemptions – The following contracts and agreements are exempt from the Living Wage Act:
1. Contracts or other agreements that are subject to higher wage level determinations required by federal
law (i.e., if a contract is subject to the Service Contract Act and certain wage rates are lower than the
District’s current living wage, the contractor must pay the higher of the two rates);

2. Existing and future collective bargaining agreements, provided that the future collective bargaining
agreement results in the employee being paid no less than the current living wage;

3. Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility;

4. Contracts for services needed immediately to prevent or respond to a disaster or imminent threat to
public health or safety declared by the Mayor;

5. Contracts or other agreements that provide trainees with additional services including, but not limited
to, case management and job readiness services, provided that the trainees do not replace employees
subject to the Living Wage Act;

6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as full-time
student, as defined by the respective institution, who is in high school or at an accredited institution of
higher education and who works less than 25 hours per week; provided that students not replace
employees subject to the Living Wage Act;

7. Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail establishment
did not receive direct government assistance from the District of Columbia;

8. Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation
exemption pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, approved August 16,
1954 (68 A Stat. 163; 26. U.S.C. §501(c)(3));

9. Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct
care service is not provided through a home care agency, a community residence facility, or a group
home for persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care
and Community Residence Facility, Hospice, and Home Care Li censure Act of 1983; D.C. Official
Code § 44-501; and

10. Contracts or other agreements between managed care organizations and the Health Care Safety Net
Administration or the Medicaid Assistance Administration to provide health services.

Enforcement
The Department of Employment Services (DOES) Office of Wage -Hour and the D.C. Office of Contracting and
Procurement share monitoring responsibilities.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers
and workers who provide companionship services. Employers within this industry are now subject to
recordkeeping provisions.
If you learn that a contractor subject to this law is not paying at least the current living wag e, you should report it to
the contracting officer. If you believe that your employer is subject to this law and is not paying at least the current
living wage, you may file a complaint with the DOES Office of Wage - Hour, located at 4058 Minnesota Avenue,
N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov. Go to
“File a Claim” tab.
For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the
Department of Employment Services on (202) 671-1880.
Please note: This fact sheet is for informational purposes only as required by Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.

EXHIBIT S
LIST OF INELIGIBLE ITEMS
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE

Kalorama
C.S.I. GMP Budget Description Description/Itemized Details
01000 General Requirements -
As required by Contract
General Requirements
(for Kalorama, Mitchell Park, Rose Park)
$ 33,884.00
Safety Equipment
Dumpsters/Hauling
Portable ToiletsConsulting - SchedulingConsulting - CBE/SBE complianceSite Security & Protective FencingSmall Tools & Equipment3rd Party Inspections - AllowanceHazmat SurveyFinal CleaningSurvey and Layout
02000 Existing Conditions - Demolition Contractor shall perform demolition 31,265.00 $
03000 Concrete Contractor shall provide concrete for ADA compliant ramping 7,078.00 $
04000 Masonry 22,332.00$
05500 Misc. Metals 24,820.00$
ADA Package #1 ‐ Kalorama, Mitchell Park, Rose Park
Construction
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Add new guardrails at new stairs to landing at front entrance
Add handrails to ramp guardrail at lower level rear exit to pool
06000 Rough Carpentry Blocking in walls and new interior wall framing $ 7,612.00
06500 Architectural Millwork New restrooms countertops for ADA compliance
08100 Doors, Frames and Hardware Doors, Frames and hardware per drawings $ 20,219.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Men’s lower level Shower Room – provide new push/pull hardware
Lower level Hallway Closet – provide new door and hardwareWomen’s lower level Shower Room – provide new push/pull hardwareFirst floor Women’s toilet room and Men’s toilet room – Provide new entry doors with push/pull hardware
09200 Gypsum Wallboard Assemblies $ 15,347.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Provide gypsum to accept ceramic wall tile.
09300 Ceramic Tile Tile work in restrooms that is needed based on restroom modifications $ 9,215.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Wall tile Men’s lower level Shower Room new tile
Wall tile Women’s lower level Shower Room new tile
09600 Flooring Allowance for new flooring required at areas of new work $ 6,090.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Two First floor restrooms new tile
09900 Painting Interior wall painting for new partition walls $ 4,793.00
10000 Specialties - Signs Sign Package for each site $ 4,194.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details) Furnish and install three ADA restroom signs
Furnish and install four closet/office ADA signs Furnish and install one “MAXIMUM OCCUPANCY” sign and one “EXIT” sign For the multipurpose room.In
stall new metal roll up door
10000 Specialties - Toilet Partitions & Accessories $ 2,954.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Men’s lower level Shower Room – F&I new toilet partitions
Women’s lower level Shower Room – F&I new toilet partitionsMen’s toilet room (#107) – F&I new toilet partitions for 1 ADA stall.Women’s toilet room (#104) – F&I new toilet partitions for 1 ADA stall.
22000 Plumbing/Mechanical $ 35,433.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Mechanical - Lower level Hallway –Install unit heater cabinet at required
ADA heightPlumbing - Furnish and install new sinks/faucetsInstall urinal and mop sinkInstal toilet valve
26000 Electrical Electrical work to add ADA operators, lighting, electrical panel circuits etc. $ 19,790.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Front entrance vestibule/Lower level rear exit double doors entrance
vestibule new electric hardware.
28000 Low Voltage Wiring for ADA automatic openers at all four sites ADA entrances $ 24,575.00
Kalorama, Mitchell Park, Rose Park
(Itemized Details)
Front entrance vestibule/Lower level rear exit double doors entrance
vestibule wiring to new electric hardware. Add mullion to center of door o
pening.
31000 Earthwork ALLOWANCE Erosion and Sediment Control ALLOWANCE $ 15,225.00
32000 Site Improvements ADA parking striping, plastic pylons, rubber brakes, 2 aluminum ramps.
Parking accessories required at new ADA parking spaces required by law.
$ 8,338.00
Building Permit - Allowance 10,000.00$
Permit Expediting 3,219.00$
Traffic Control Allowance 1,955.00$
DDOT Public Space Permit - Allowance
Design Contingency Design Contingency is to be used for unforeseen conditions.All items will
be capital eligible per District Guidelines.
4,714.00$
Construction Contingency Construction Contingency is to be used for unforeseen conditions.All items
will be capital eligible per District Guidelines.
13,595.00$
Owner Controlled Allowance Owner controlled allowance is for items that may arise from inspections or
unforeseen conditions that will require additional work.All items will be capital eligible per District Guidelines.
12,500.00$
Insurance 8,010.00$
Payment & Performance Bond 4,926.00$
Summary
Capital Eligible 932,536.00 $
Non‐Capital 67,464.00$
Mitchell Park Rose Park
TOTAL FOR
KALORAMA,
MITCHELL PARK, ROSE
PARK
$ 1,000,000.00
Unit Price Extended Total
$ 33,883.00 $ 33,883.00 $ 101,650.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 101,650.00 $ 101,650.00
$ 3,150.00
$ 22,000.00
$ 12,000.00 $ 4,500.00 $ 9,000.00 $ 6,000.00 $ 6,000.00 $ 10,500.00 $ 9,000.00 $ 7,500.00 $ 12,000.00
15,725.00$ 8,870.00 $ $ 55,860.00 KALORAMA, MITCHELL
PARK
, ROSE PARK
$ 55,860.00 $ 55,860.00
33,300.00$ 24,305.00 $ $ 64,683.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 64,683.00 $ 64,683.00
35,345.00$ $ 57,677.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 57,677.00 $ 57,677.00
44,260.00$ 20,240.00 $ $ 89,320.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 89,320.00 $ 89,320.00
$ 8,171.00 $ 4,060.00 $ 19,843.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 19,843.00 $ 19,843.00
KALORAMA, MITCHELL
PARK, ROSE PARK
$ ‐ $ ‐
$ 14,728.00 $ 16,144.00 $ 51,091.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 51,091.00 $ 51,091.00
$ 11,747.00 $ 2,706.00 $ 29,800.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 29,800.00 $ 29,800.00
$ 8,940.00 $ 2,145.00 $ 20,300.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 20,300.00 $ 20,300.00
$ 6,090.00 $ 6,090.00 $ 18,270.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 18,270.00 $ 18,270.00
$ 6,567.00 $ 3,071.00 $ 14,431.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 14,431.00 $ 14,431.00
$ 2,918.00 $ 3,435.00 $ 10,547.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 10,547.00 $ 10,547.00
$ 1,898.00 $ 974.00 $ 5,826.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 5,826.00 $ 5,826.00
$ 20,264.00 $ 18,165.00 $ 73,862.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 73,862.00 $ 73,862.00
$ 29,790.00 $ 9,290.00 $ 58,870.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 58,870.00 $ 58,870.00
$ 13,868.00 $ 47,282.00 $ 85,725.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 85,725.00 $ 85,725.00
$ 15,225.00 $ 15,225.00 $ 45,675.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 45,675.00 $ 45,675.00
$ 1,436.00 $ 2,538.00 $ 12,312.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 12,312.00 $ 12,312.00
15,000.00$ 12,500.00 $ $ 37,500.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 37,500.00 $ 37,500.00
3,218.00$ 3,218.00 $ $ 9,655.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 9,655.00 $ 9,655.00
1,955.00$ 1,955.00 $ $ 5,865.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 5,865.00 $ 5,865.00
$ ‐
4,714.00$ 4,714.00 $ $ 14,142.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 14,142.00 $ 14,142.00
13,595.00$ 13,596.00 $ $ 40,786.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 40,786.00 $ 40,786.00
12,500.00$ 12,500.00 $ $ 37,500.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 37,500.00 $ 37,500.00
8,011.00$ 8,010.00 $ $ 24,031.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 24,031.00 $ 24,031.00
4,926.00$ 4,927.00 $ $ 14,779.00 KALORAMA, MITCHELL
PARK, ROSE PARK
$ 14,779.00 $ 14,779.00
Total
$ 932,536.00 $ 67,464.00
Capital expenditures Non‐Capital
expenditures
$ 101,650.00
$ 55,860.00
$ 64,683.00
$ 57,677.00
$ 89,320.00
Notes
$ 19,843.00
$ ‐
$ 51,091.00
$ 29,800.00
$ 20,300.00
$ 18,270.00
$ 14,431.00
$ 10,547.00
$ 5,826.00
$ 73,862.00
$ 58,870.00
$ 85,725.00
$ 45,675.00
$ 12,312.00
$ 37,500.00
$ 9,655.00
$ 5,865.00
$ 14,142.00
$ 40,786.00
$ 37,500.00
$ 24,031.00
$ 14,779.00
$ 932,536.00 67,464.00$
For capital items that may arise from
construction/inspections that will
require additional work or unforeseen
$ 1,000,000.00

EXHIBIT T
CONTRACTOR SELF-CERTIFICATION FORM
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
V004/09.12.2024
CONTRACTOR SELF-CERTIFICATION
Business Name* : Tax ID * :
Business Mailing Address * :
Select State/Region:_________________ Post al Code:____________________________________
List the name and title of the individual completing the form on behalf of the business.
Business Title * :
Name * :
Email * :
D.C. Law 22-250. Campaign Finance Reform Amendment Act of 2018. | D.C. Law Library (dccouncil.gov)
Since November 9, 2022, has the business entity or any of its Princip als made a political contribution to any of
the following: (i) the Mayor, (ii) any candidate for Ma yor, (iii) any political committee affiliated with the Mayor
or a candidate for Mayor, or (iv) any constituent-service program affiliated with the Mayor? [yes/no]
If yes, please provide the following information (for each contribution):
Date of contribution:
Amount of contribution:
Recipient of contribution:
Did the business entity hold any District contracts at the time the contribution was made or within one (1) year
prior to the date the contribution was made? If yes, please provide award date and duration of the contract(s).
Since November 9, 2022, has the business entity or any of its Princip als made a political contribution to any of
the following: (i) the Attorney General, (ii) any ca ndidate for Attorney General, or (iii) any political committee
affiliated with the Attorney General or a candidate for Attorney General? [yes/no]
If yes, provide the following information (for each contribution):
Date of contribution:
Amount of contribution:
Recipient of contribution:
Did the business entity hold any District contracts at the time the contribution was made or within one (1) year
prior to the date the contribution was made? If yes, please provide award date and duration of the contract(s).
Chiaramonte Construction Company 20-1576336
2260 Minnesota Ave SE
Washington DC 20020
President
Frank Chiaramonte
frank@cc-builder.com
n/a
n/a
n/a
n/a
n/a
n/a
V004/09.12.2024
Since November 9, 2022, has the business entity or any of its Princip als made a political contribution to any of
the following: (i) any Councilmember, (ii) any candidate for Councilmember, (iii) any political committee
affiliated with a Councilmember or a candidate for Cou ncilmember, or (iv) any constituent-service program
affiliated with a Council member? [yes/no]
If yes, provide the following information (for each contribution):
Date of contribution:
Amount of contribution:
Recipient of contribution:
Did the business entity hold any District contracts at the time the contribution was made or within one (1) year
prior to the date the contribution was made? If yes, please provide award date and duration of the contract(s).
Prior to the date of this Certification, has the business entity been determined to be in violation of D.C. Official
Code § 1-1163.34a? [yes/no]
If yes, please explain including any resolution.
Is the business entity currently in violation of D.C. Official Code § 1-1163.34a? [yes/no]
If yes, please explain including any resolution.
Does the business entity certify that it will not be in violation of D.C. Official Code § 1-1163.34a? [yes/no]
“Principal” – any senior officer of a business entity, inclu ding an owner or co-owner, president, chief executive
officer, chief operating officer, chief financial officer, treasurer, member, partner, or similar position which either
sets or is authorized to set or otherwise influences the overall strategy of the business entity. A dean of an
educational institution is not a “principal” within the meaning of this definition. A person whose only position at
the business entity is as a board member is not a “principal” within the meaning of this definition.
Provide the names and titles of all the company principals (use additional sheets if required).
1.
2.
Who else will modify this certification for the business?
Modifier 1:
n/a
n/a
n/a
Frank Chiaramonte, President
n/a
V004/09.12.2024
Modifier 2:
Check to certify that the information is accurate and complete. *
Check to acknowledge that the business must always keep these records updated*
Check to certify that the business entity currently is not and will not be in violation of the
Campaign Finance Reform Amendment Act of 2018 *
On behalf of the Contractor:
________________________ __ _________________________
Name & Signature
Sworn to this before me this__ _day of _________________20___
Date
________________________ ______________________________
Notary public My Commission Expires
CC
______________________
__________ _____________

_______________
MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMy yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy CoCCCCCCCCoCoCCCoCoooooooCoooooCoooCCCCCCCCCCCCCCCCCCC mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm isssssssssssssssssisssssssssssssssssssssssssssssssssssssss o
n/a
Frank Chiramonte Jan. 22, 2025
22rd Jan 25
December 14, 2027Mr, Huy Tran Payroll Managert

EXHIBIT U
LIST OF UNIT PRICES AND ALLOWANCES
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
Depatment of General Serices
Date: Architect:
Revision: Engineer:
Area (SF): 10,000 SF Estimator:
C.S.I Letter Contract Modification #7 for
Banneker
Total Cost Kalorama, Mitchell, Rose
not including letter contract
Total Banneker,
Kalorama, Mitchell Rose
and letter contract
Cost per Square
Foot of Column H
01000 36,350$ 101,650$ 138,000$ 13.80$
2000 Demolition 43,644$ 55,860$ 99,504$ 9.95$
03000 65,533$ 64,683$ 130,216$ 13.02$
04000 57,677$ 57,677$ 5.77$
05000 -$ -$ -$
05500 55,673$ 89,320$ 144,993$ 14.50$
06000 3,553$ 19,843$ 23,396$ 2.34$
06400 13,246$ 0$ 13,246$ 1.32$
07500 -$ -$ -$
07900 -$ -$ -$
08100 26,286$ 51,091$ 77,377$ 7.74$
08800 -$ -$ -$
09200 3,451$ 29,800$ 33,251$ 3.33$
09300 14,748$ 20,300$ 35,048$ 3.50$
09500 15,225$ 0$ 15,225$ 1.52$
09600 6,090$ 18,270$ 24,360$ 2.44$
09900 4,461$ 14,431$ 18,892$ 1.89$
10000 7,421$ 10,547$ 17,968$ 1.80$
10000 12,819$ 5,826$ 18,645$ 1.86$
12000 -$ -$ -$
21000 0$ 0$ 0.00$
22000 55,282$ 73,862$ 129,144$ 12.91$
23000 0$ 0$ 0.00$
26000 29,435$ 58,870$ 88,305$ 8.83$
28000 33,998$ 85,725$ 119,723$ 11.97$
31000 15,225$ 45,675$ 60,900$ 6.09$
32000 3,040$ 12,312$ 15,352$ 1.54$
33000 0$ 0$ 0.00$
445,480$ 815,742$ 1,261,222$ 126.12$
89,100$ 89,100$ 8.91$
-$ -$ -$
36,600$ 36,600$ 3.66$
163,100$ 163,100$ 16.31$
12,500$ 37,500$ 50,000$ 5.00$
-$ -$ -$
1,750$ 9,655$ 11,405$ 1.14$
-$ -$ -$
-$ -$ -$
-$ -$ -$
2,055$ 5,865$ 7,920$ 0.79$
-$ -$ -$
2% 5,454$ 14,142$ 19,596$ 1.96$
5% 11,622$ 40,786$ 52,408$ 5.24$
12,500$ 37,500$ 50,000$ 5.00$
2.5% 12,284$ 24,031.00$ 36,315$ 3.63$
Payment & Performance Bond 1.5% 7,555$ 14,779.00$ 22,334$ 2.23$
65,720$ 184,258$ 249,978$ 25.00$
511,200$ 1,000,000$ 1,800,000$ 180.00$
Total Letter Contract 288,800$ -$
VE Deducts -$
511,200$ 1,000,000$ -$
VE (Adds) -$
1,800,000$ 180.00$
Total Project Cost w/ Value Engineering Deducts
Banneker Rec Ctr - 2500 Georgia Ave, NW, Washington DC 20001
Kalorama Rec Ctr - 1865 Kalorama Road, NW, Washington, DC 20009
Mitchell Park Rec Ctr - 1801 23rd Street, NW, Washington, DC 20008
Rose Park Rec Center - 2609 Dumbarton Street, NW, Washington, DC 20007
BCIV Permit Allowance
Ceramic Tile
Concrete
Masonry
Structural Steel
12/5/2024
Miscellaneous Metals (Included w/ 05000)
Rough Carpentry (Included w/ 09200)
Architectural Millwork
Roofing and Waterproofing
Joint Sealants (Included w/ Trade Bids)
Value Engineering (Deducts) (Door, Frame and Hardware substitution)
GMP Design Budget
Total GMP Estimate
Owner Controlled Allowance
Insurance
Painting
Specialties - Signage
Furnishings
GMP Budget Description
General Requirements
DDOT Public Space Permit - Allowance
Design-Build Fee
Specialties - Toilet Partitions
ADA Upgrades at Four DRR Facilities (DPR Package #1) - GMP for Kalorama, Mitchell Park, Rose Park
Total Soft Cost
Earthwork
Site Improvements
Site Utilities
Total Trade Cost
General Conditions
Preconstruction Fee
Fire Protection
Plumbing
Design Contingency
Construction Contingency
Doors, Frames, & Hardware
Aluminum & Glass
Gypsum Wallboard Assemblies
Traffic Control-Allowance
Total Project Cost
AMT LLC
AMT LLC
Chiaramonte Construction Company
Public Art - Allowance
H.V.A.C (Included in Plumbing Bids)
Electrical & Fire Alarm strobes) - note: The fire alarm strobes are an allowance amount
Low Voltage
Acoustical Ceilings
Flooring
Design Fees
Building Permit
Permit Expediting
Utility Consumption Costs - By Owner
Moving Cost - Excluded

EXHIBIT V
LIST OF ASSUMPTIONS AND CLARIFICATIONS
EXHIBIT WILL APPEAR IN THE FOLLOWING PAGE
REF # ITEM DESCRIPTION
1 If abatement work is required, this will result in a change order to complete
2 Additional work may be required based on onsite conditions not visible
3 The more economical revised door package is the one that is included in this GMP
4 No ADA Parking space striping or signs is included in Rose Park scope of work
5 This GMP and the GMP for Banneker are all part of one project for CCC
Assumptions and Clarifications