Proposed Contract with KADCON Corporation to Contract No. DCAM-23-CS-RFP-0029

MURIEL BOWSER
MAYOR
May 5, 2025
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania A venue, 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
Contract No. DCAM-23-CS-RFP-0029 with KADCON Corporation, in the not-to-exceed amount
of $3,062,916 (including an existing letter contract amount of $950,000). The not-to-exceed
amount is an early release of funds for the initial phase of the modernization of the Upshur
Recreation Center.
As part of the initial phase of the project, KADCON Corporation will provide design-build
services, including design development, permitting, and pre-construction planning, while the
District and KADCON Corporation finalize the full scope and guaranteed maximum price for the
project.
If you have any questions regarding this contract, please contact Delano Hunter, Director,
Department of General Services ("DGS"), or have your staff contact Eric Njonjo, Acting Chief
Procurement Officer, DGS, at (202) 727-7138.
I look forward to the Council's favorable consideration of this contract.
Sincerely,
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

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Pursuant to Section 202(c-1) 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
Contract

Proposed Contract for Design-Build Services for Upshur Recreation Center Modernization

(A) Contract Number: DCAM-23-CS-RFP-0029

Proposed Contractor: KADCON Corporation

Contractor’s Principals: Raed Kolaghassi
Chairman

Letter Contract: $950,000.00

Aggregate Amount of Letter
Contract and Proposed Contract: $3,062,916.00

Total Proposed Contract Amount:
(“Not-to-Exceed Amount” or “NTE
Amount”) $3,062,916.00

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

Term of Contract: July 11, 2024 (date of execution of the Letter
Contract by the Department) through December 31,
2026 (Substantial Completion Date ), with a n
Administrative Term Date of March 23, 2027.

Type of Contract: Cost-plus fixed fee with Guaranteed Maximum
Price (“GMP”).

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

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

Not applicable.

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

A letter contract with the Contractor was executed by the Department of General Services (the
“Department”) on July 11, 2024 (the “Letter Contract”).

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

Modification No. 1 to the Letter Contract, executed on October 25, 2024, extended the duration of
the Letter Contract to February 3, 2025.

Modification No. 2 to the Letter Contract, executed on January 16, 2025, extended the duration of
the Letter Contract to March 31, 2025.

Modification No. 3 to the Letter Contract, executed on March 26, 2025, extended the duration 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 under the Letter Contract is $950,000.00, which
represents the 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:

If approved, the Contract will authorize KADCON Corporation (the “Contractor” or
“KADCON”), to provide Design -Build Services for Upshur Recreation Center Modernization,
located at located at 4300 Arkansas Avenue , NW, Washington, DC 20011 (the “Project”). The
Project will be completed in two phases: (i) the Design and Preconstruction Phase; and (ii) the
Construction Phase. The Project’s substantial completion shall occur on or before December 31 ,
2026.

The existing Upshur Recreation Center is a smaller site, sitting on rolling green space. The center's
outdoor features include a large park space (with grills), a baseball/multi- use athletic field, two
outdoor basketball courts, a playground with adjacent shaded picnic tables and toddler swings, a
dog park, and an outdoor, summer swimming pool. Inside, the center boasts a computer lab,
kitchen, and a multi -purpose room. In addition, the Center offers a variety of outdoor sports
programs (basketball, tee-ball, and soccer), after-school programs, and summer camps.

The Design-Builder shall design and construct an all -inclusive building to best execute the
Department of Parks and Recreation (“DPR”) programmatic needs. In general, the Design-Builder
will be required to program, fully design and construct an all -inclusive recreation center by
modernizing the existing Upshur Recreation Center or demolishing the existing center and
constructing a new all-inclusive Upshur Recreation Center and associated park or a combination
of both whichsoever is most advantageous to DPR and the district and can be accomplished within
the approved project budget based on the 100% finalized Design Development documents. The
programming, design, construction, modification, revitalization, and renovations will include but
are not limited to the recreation center, overall Project landscaping, site furnishings, amenities,
signage, hardscaping, and all improvements to comply with American Disabilities Act. Without

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limiting the generality of foregoing, the Design- Builder shall be required to provide all
management, personnel, design services, labor, materials, and equipment necessary to complete
the Project.

The proposed Contract’s NTE amount of $3,062,916.00 is an early start agreement #1 (“ESA 1”)
to enable the Contractor to continue through the design development, permitting, and pre -
construction planning without delay, to ensure the Project is on schedule. This amount includes
the remaining balance beyond the initial $950,000.00 authorized under the letter contract, ensuring
the completion of all necessary design work and associated requirements to develop the GMP
proposal. As the proposed amount of the Contract exceeds $1 million, Council approval is required
for this contract action.

(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 October 19, 2023, t he Department posted RFP No. DCAM -23-CS-RFP-0029, Design-Build
Services for Upshur Recreation Center Modernization, to engage a contractor to provide Design -
Build services for the Project on the Department’s website.

There were three (3) Addenda issued to this RFP.

Addendum No. 1 was issued on October 24, 2023.
- Provided the list of the Site Visit Attendees.

Addendum No. 2 was issued on November 8, 2023.
- Provided DGS’s responses to the RFI.
- Shared revised attachment L of the RFP “Past Performance Evaluation Form”.
- Provided revised budget allocated for the RFP with no changes in the scope of work.
- Extended the Proposal Due Date to November 22, 2023.
- Provided the As-Built Drawings.

Addendum No. 3 was issued on November 14, 2023.
- Provided updated As-Built Drawings.

Proposal Submissions:

On the Proposals’ due date, November 22, 2023, five (5) firms (collectively, the “ Offerors” and
each individually, an “Offeror”) submitted Proposals in a timely manner.

Technical Evaluations Process:

Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“TEP” or “Panel”). 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.

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Consensus Meeting:

After the Panel members had completed their individual evaluations of the proposals, the Panel
met on February 9, 2024, 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. CO 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.

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 a 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 that the overall proposed fees/price
submitted by the Contractor is within the IGE and is fair and reasonable and accordingly a mutually
satisfactory Contract was successfully concluded with the Contractor.
Contract Award:
On July 11, 2024, the Department awarded Letter Contract No. DCAM-23-CS-RFP-0029 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) The description of any other contracts the proposed contractor is currently seeking or holds
with the District:

Ongoing Projects:
1. DCAM-20-CS-RFQ-0001 – Duke Ellington Track and Field Phase II;
2. DCAM-24-CS-RFP-0025 – Wheatley Education Campus CDC Addition;
3. DCAM-21-NC-RFQ-0002 – Marion S. Barry Building (MBB) Bathroom Modernization; and
4. DCAM-20-CS-RFQ-0001 – DPW Packer Shop Roof Replacement.

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(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 Business Enterprise (“CBE”) i n the District of Columbia with
decades of experience throughout the region. The Contractor has spearheaded numerous projects
in collaboration with other District agencies including DGS, DPR, the District of Columbia
Housing Authority ( “DCHA”), and the District of Columbia Public Schools ( “DCPS”). The
Contractor’s diverse portfolio includes school developments, parks and recreation center
construction, and the rejuvenation of athletic field surfaces. Additionally, the Contractor excels in
housing apartment renovations, contributing significantly to enhancing community living spaces.

The Contractor has ample experience with modernization, renovation, and new construction
projects across Washington, DC, including:

1. St. Elizabeth's East Gateway Pavilion, Washington, DC; and
2. Ballou Senior High School, Washington, DC.

The Contractor possesses the financial stability to successfully perform the Project and has
provided a staffing plan for the Project, which has been reviewed and approved by the Department.
The Contractor has been determined responsible in accordance with 27 DCMR § 4706.1.

(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 business enterprise in accordance with the Act (CBE Number:
LSDX95309072027). Pursuant to D.C. Official Code § 2-218.46 (d-1), the Contractor shall submit
a detailed subcontracting plan to DSLBD that meets the requirements of D.C. Official Code § 2-
218.46(d) before entering into a guaranteed maximum price.

Contract’s NTE Dollar Value: $3,062,916.00
Contractor Self-Performing Amount: $1,072,020.60
Total Available for Subcontracting: $1,990,895.40
Subcontracting Requirement %: $35% of the total available for subcontracting
Subcontracting Plan Required Dollar Value: $696,813.39
Subcontracting Plan Actual Dollar Value: $1,319,400.00

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

The Contractor will be will be required to program, fully design, and construct an all -inclusive
recreation center by modernizing the existing Upshur Recreation Center or demolishing the
existing center and constructing a new all-inclusive Upshur Recreation Center and associated park
or a combination of both whichsoever is most advantageous to DPR and the district and can be
accomplished within the approved project budget based on the 100% finalized Design

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Development documents. The programming, design, construction, modification, revitalization,
and renovations will include but are not limited to the recreation center, overall Project
landscaping, site furnishings, amenities, signage, hardscaping, and all improvements to comply
with the federal American Disabilities Act. and complete the project no later than December 31,
2026 (Substantial Completion Date). The Contractor’s performance will be monitored by DGS
staff and DGS’ designated Program Manager. Addi tionally, the Contractor must adhere to the
terms and conditions of the Standard Contract Provisions for Construction 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 July 11, 2024, provides for an initial NTE
Amount of $950,000.00, which 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.

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

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

(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 taxes.

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

According to the DSLBD’s website, the Contractor is a certified Local Business Enterprise,
Disadvantaged Business Enterprise, Longtime Resident Business, and Small Business Enterprise.
The Contractor’s CBE Number is LSDX95309072027, with an expiration date of July 9, 2027.

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

N/A

(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 and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.

(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):

N/A

(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. Copies of contract
documents will be made available on the Department’s website, if approved.

(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.

(X) (1) A certification that the proposed contractor has been determined not to 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;
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: March 3, 2025 L0013823104Notice Number:
FEIN: **-***7040
Case ID: 18470582

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
KADCON CORPORATION
1053 31ST ST NW STE A
WASHINGTON DC 20007-4428

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

Memorandum

To: Delano Hunter
Director, Department of General Services

From: Antoinette Hudson Beckham
Agency Fiscal Officer

Reference: Proposed Contract No. (DCAM-23-CS-RFP-0029) Design-Build Services for Upshur
Recreation Center Modernization

Date: March 13, 2025

Subject: Fiscal Sufficiency Certification

In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby stated that the Design-Build Services for Upshur Recreation Center Modernization (DCAM-
23-CS-RFP-0029) (the “Contract”) with KADCON Corporation (the “Contractor”), in the amount of
$3,062,916.00 is consistent with the Department’s current budget and that adequate funds are available
in the budget for the expenditure.

Per the Department’s Contracts & Procurement (“C&P”) team, on July 11, 2024, the Letter Contract
was executed by the Department, with an initial Not-to-Exceed (“NTE”) amount of $950,000.00. The
proposed increase of $2,112,916.00 will increase the NTE amount to $ 3,062,916.00 ($950,000.00 +
$2,112,916.00).

Per C&P, t he proposed Contract’s NTE amount of $3,062,916.00 is for the definitive agreement
covering the full design Fees and related services (Design Fee, Design Build Fee, Lump Sum General
Condition) required for the project. C&P further states, this amount includes the remaining balance
beyond the initial $950,000.00 authorized under the letter contract, ensuring the completion of all
necessary design work and associated requirements to develop the GMP proposal.

The Department of General Services (DGS – Implementing AGY) has $3,062,916.00 in the
Department of Parks and Recreation (HA0 - Owner AGY) cumulative capital budget authority
balance.

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

The PASS information is below/attached:

Project Number/
Name
Subtask AY Fund Detail Imp. AGY Owner
AGY
RK/PO Amount Comments
100181 -
(AM0.QN637C.UPS
HUR RECREATION
CENTER)
04.01(QN63D.95
101.UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 PO710293

$950,000.00 Letter Contract
100181 -
(AM0.QN637C.UPS
HUR RECREATION
CENTER)
04.01(QN63D.95
101.UPSHUR
RECREATION
CENTER.CAP
PROJ -
PHYSICAL
PLANT (GA0))
N/A 3030300 AM0 HA0 RK299931 $2,112,916.00 Proposed
Increase
Total $3,062,916.00

_______________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service

for AHB
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

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 Upshur Recreation Center Modernization

Contract Number: DCAM-23-CS-RFP-0029
Contractor: KADCON Corporation

KADCON Corporation

DATE: April 22, 2025

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

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

_______________________
Kristen Walp
Senior Assistant General Counsel

3924 Minnesota Ave, NE, Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

July 3, 2024

By Electronic Mail to rkolaghassi@kadcon.com

Raed Kolaghassi
President
KADCON Corporation
1053 31st Street, NW
Washington, DC 20007

Subject: Notice to Proceed and Letter Contract

Reference: Request For Proposals No. DCAM -23-CS-RFP-0029 (“RFP”) – Design-Build
Services for Upshur Recreation Center Modernization

Dear Mr. Kolaghassi,

We refer to the proposal submitted by KADCON Corporation (the “Contractor” or “Design -
Builder”) in response to the above-referenced RFP. We are pleased to inform you that this work has
been awarded to KADCON Corporation and if this L etter Contract (“Letter Contract”) is signed by
the Contractor without modification of any kind, it will serve as a notice to proceed with the work
described below. This notice to proceed is subject to the following terms:

1. L etter Contract. This is a Letter C ontract between the Contractor 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 “Definitized 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 executed by an authorized Contracting Officer , this Letter Contract shall be incorporated
into and merged into the Definitized Contract.

2. S cope of Work. The Contractor shall provide Design-Build Services for Upshur Recreation
Center Modernization, located at 4300 Arkansas Avenue NW, Washington, DC 20011 (the “Project”)
as described in the Contractor’s Proposal dated November 22, 2023, submitted in response to the
subject RFP.

3. D eliverables . In connection with the services provided pursuant to this Letter Contract, the
Contractor shall provide, at a minimum, the deliverables in accordance with the requirements in the
RFP, the Schedule of Values attached to this Letter Contract as Exhibit A and Form of Contract to
the Department’s Program Manager and in the referenced instances to the Contracting Officer.

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283

In the event that the Contractor fails to timely submit any such deliverable, the Contractor shall pay to
the Department as a disincentive fee of Seven Thousand and Five Hundred Dollars ($7,500.00) plus
Five Hundred Dollars ($500.00) per day after receiving written notice from 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 up to $950,000.00 (“Not to Exceed”
amount or “NTE”). In no event shall the Contractor be entitled to receive more than the NTE amount
under this Letter Contract unless authorized in advance and in writing by a duly authorized Contracting
Officer. This not-to-exceed amount includes all costs incurred by the Contractor in connection with
the work authorized hereby.

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

6. Duration. Once signed by the Contractor, 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 Contract becomes effective; or (ii )
October 31, 2024. DGS reserves the right to terminate this Letter Contract, in whole or specified part,
for convenience in the manner described in Article 5 and Article 6 of the District of Columbia
Department of General Services Standard Contract Provisions General Provisions for Construction
Contracts.

7. Billing. All invoices shall be submitted directly to the Department at th e address specified in
the RFP. Purchase Order numbers should be included in all future invoices and accounting records.
Properly prepared invoices with the necessary backup shall be paid within thirty (30) days of receipt.
Invoices not paid by that date shall bear interest in accordance with the Quick Payment Act.

8. Key Personnel. To carry out its duties, the Design- Builder shall provide at least the key
personnel identified in Exhibit F (“Key Personnel”), who shall carry out the functions identified in
Exhibit F. Among other things, the Key Personnel shall include:
A - Key Personnel of the Design-Builder:
i. Project Manager
ii. Superintendent
iii. Project Executive

Identification of Key Personnel of the Design-Builder’s Architect/Engineer The
following individuals shall be considered the Key Personnel of the Architect:
i. Project Manager
ii. Project Architect
iii. Principal in Charge
iv. Lead Mechanical Engineer
v. Lead Envelope Consultant
vi. Net Zero/LEED Consultant
vii. Pool Consultant

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283

It is contemplated that these Key P ersonnel will work from the design stage, purchasing, and
throughout the bulk of the fieldwork. The Design-Builder’s obligation to provide adequate staffing is
not limited to providing the Key Personnel but is determined by the needs of the Project. If any of the
Key Personnel become unavailable to perform services in connection with the Letter Contract due to
death, disability , or separation from the employment of the Design- Builder or any affiliate of the
Design-Builder, then the Design-Builder shall promptly notify the Department’s Contracting Officer
and propose a replacement acceptable to the Department. The Department shall be entitled to complete
information before approving such replacement. Certain members of the Design -Builder’s Key
Personnel shall be subject to a replacement fee for their removal or reassignment by the Design -
Builder.

If the Design -Builder replaces one of the key personnel listed in Exhibit F as being subject to a
replacement fee, without the prior written consent of the Department, then the Design- Builder shall
pay the Department $25,000 for each replacement as a replacement fee and not a penalty, to reimburse
the Department for its administrative costs arising from the Design -Builder’s failure to provide the
Key Personnel. The foregoing replacement fee amount shall not bar recovery of any other damages,
costs, or expenses other than the Department’s internal administrative costs.

9. The Design -Builder shall utilize the Department’s current project management software,
ProjectTeam, to submit any and all project documentation required to be provided by the Design -
Builder 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) GMP and any Submissions that
require approval by DC Council (viii) punch list; and (ix) other Project documents as may be
designated by the Department.
Electronic storage and transmission of information via ProjectTeam system shall be compliant with
the provisions of DGS document security.

10. Invoice Submittal. The Contractor shall create and submit payment requests in an electronic
format through the DC Vendor Portal, https://vendorportal.dc.gov. The Contractor shall submit proper
invoices on a monthly basis. To constitute a proper invoice, the Contractor shall enter all required
information into the Portal after selecting the applicable purchase order number which is listed on the
Contractor’s profile. Properly prepared invoices with the necessary backup shall be paid within thirty
(30) days of receipt. Invoices not paid by that date shall bear interest in accordance with the Quick
Payment Act. For assistance with the registration process call ( 202) 741-5200
or visit http://vendorportal.dc.gov to submit an inquiry.

11. Purchase Order Number. This Letter Contract will become ef fective on the date the Letter
Contract is executed by the Department. The Department’s Contracting & Procurement Division will
issue a purchase order number and 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 Ajmal Solamal via ajmal.solamal@dc.gov directly to obtain this number.

12. Ownership and Use of Documents. All documents and work product prepared by the
Contractor shall become the property of the Department upon the payment of invoices submitted under
the Letter Contract.

3924 Minnesota Avenue NE, 5th Floor Washington DC 20019 | Telephone (202) 727.2800 | Fax (202) 727-7283

13. Trade Work /Site Control. Unless otherwise directed by the Department, the Contractor shall
not perform any trade work or take control of the site. Any authorization to proceed with trade work
will include appropriate provisions relating to compliance documents (first source employment
agreement, Department of Small and Local Business Development (DSLBD)), bonds, insurance, and
safety procedures. At a minimum, however, the Department’s Standard Contract Provisions for
Construction shall apply. In addition to the requirements set forth in any such subsequent
authorization, prior to executing this Letter Contract , the Contractor shall provide the Department’s
Contracting Officer with certificates evidencing insurance, a payment and performance bond having
a penal value equal to the then value of the Letter Contract and the Contractor’s agreement of
indemnity. In the event the Contractor fails to provide the Department with such certificates of
insurance, the agreement for indemnity or bond, the Department may withhold any subsequent
payment until such documents are provided.

14. Entire Agreement; Modification. Thi s Letter Contract, along with the Standard Contract
Provisions, ( Exhibit B1 – Architectural & Engineering Services and Exhibit B 2 – Construction
Services) supersede all contemporaneous or prior negotiations, representations, course of dealing, or
agreements, either written or 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 14, nothing herein shall limit the Department’s ability to unilaterally modify this Letter
Contract.

15. Davis Bacon Act Wage Determination. T he Contractor agrees that the work performed under
this Letter Contract shall be subject to the Davis Bacon Wage Determination as set forth in Exhibit D
in effect at the time of Letter Contract execution by the Department.

16. Service Contract Act . The Contractor agrees that the work performed under this Letter
Contract shall be subject to the Service Contract Act as set forth in Exhibit E in effect at the time of
Letter Contract execution by the Department.

17. Living Wage Act. T he Contractor agrees that the work performed under this Letter Contract
shall be subject to the Living Wage Act in effect at the time of Letter Contract execution by the
Department. As such, the Contractor and its subcontractors shall comply with the wage reporting
requirements imposed by the act as set forth in Exhibit G.
18. Campaign Finance Reform Act . Pr ior to the execution of the Contract, the Design-Builder
shall complete and submit to the Department a completed Campaign Finance Reform Act Self -
Certification Form, Exhibit H, pursuant to D.C. Official Code § 1-1161.01.

ISS
UED BY: ACCEPTED BY:

The Department of General Services

By: By:
Name: Obaidullah Ranjbar Name:
Title: Contracting Officer Title:
Date: Date:
EVP
Raed Kolaghassi
July 10, 2024
7/11/2024
10/25/2025
X
15A. Name and Title of Signer 16A. Name of Contracting Officer
Contract No. DCAM-23-CS-RFP-0029 Design-Build Services for Upshur Recreation Center Modernization is hereby modified as follows:
1. Letter Contract Duration. The Letter Contract Duration is hereby extended from February 3, 2025 to March 31, 2025 due to scope changes and
additional design reviews needed to incorporate value engineering options and community meetings feedback. This 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.
(Signature of person authorized to sign) (Signature of Contracting Officer)
Riad Kadii, Cai man Suzi Tabot
15B. KADCON Corporation 15C. Date Signed 16B. District of Columbia 16C. Date Signed
2. Terms & Conditions. All other terms and conditions remain unchanged.
3. Release. It is mutually agreed that in exchange for this Change Order 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 consequence or result of, relating to or in any manner connected with this Change Order,
the above-referenced Project, and the Contract work.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
X D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copy to the issuing office.
Title 27 DCMR Section 4728 and Contract No. DCAM-23-CS-RFP-0029
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:
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
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
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 Appropriation Data (If Required)
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning 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
Email: rkadii@kadcon.com 10B. Dated (See Item 13)
July 11, 2024
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
9B. Dated (See Item 11)
1053 31st Street, NW
Washington, DC 20007
X
10A. Modification of Contract/Order No.
Attn: Riad Kadii - Cai man DCAM-23-CS-RFP-0029
Design-Build
Services for Upshur Recreation Center
Modernization
Contract POC: Azizi, Jamshaid (jamshaid.azizi@dc.gov)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
KADCON Corporation
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
MODIFICATION OF CONTRACT
1. Contract Number Page of Pages
DCAM-23-CS-RFP-0029 1 2
6. Issued By: 7. Administered By (If other than line 6)
Department of General Services Department of General Services
2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 2 to Letter Contract See Block 16C PR-014506
101602






 






1/16/2025
(Continuation)
Page of Pages
17. Task Order Recap:
$950,000.00
-$
-$
Total Letter Contract Not-to-Exceed Amount 950,000.00$
Letter Contract
Modification No.
Administrative - No Cost Time Extension
Modification No. 2
Contract Number
Executed: July 11, 2024
Modification No. 1
Administrative - No Cost Time Extension
2 of 2Modification No. 2 to Letter ContractDCAM-23-CS-RFP-0029






 






X
Page of Pages
1 2
6. Issued By: 7. Administered By (If other than line 6)
Department of General Services Department of General Services
2. Modification Number 3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 3 See Block 16C PR-014795 Design-Build Services for Upshur
Recreation Center Modernization
MODIFICATION OF CONTRACT
1. Contract Number
DCAM-23-CS-RFP-0029
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Contract POC: Jahan Zib Sapai (Jahan.sapai@dc.gov)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
KADCON Corporation
Email: 10B. Dated (See Item 13)
July 11, 2024
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
9B. Dated (See Item 11)
1053 31st Street, NW
Washington, DC 20007
X
10A. Modification of Contract/Order No.
Attn: DCAM-23-CS-RFP-0029
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue 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 Appropriation Data (If Required)
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
following methods: (a) By completing Items 8 and 15, and returning 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
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
3. Release. It is mutually agreed that in exchange for this Change Order 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 consequence or result of, relating to or in any manner connected with this Change Order, the above-referenced Project, and the
Contract work.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
X D. Other (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copy to the issuing office.
Title 27 DCMR Sections 4728 and Contract No. DCAM-23-CS-RFP-0029
1. Letter Contract Duration. The Letter Contract Duration is hereby extended from March 31, 2025 to June 30, 2025. Due to due to continue design
activities through permit submission. This Letter Contract will terminate on the earlier to occur of the following: (i) the date the Definitized Contract becomes
effective; or (ii) June 30, 2025.
15A. Name and Title of Signer 16A. Name of Contracting Officer
Contract No. DCAM-23-CS-RFP-0029 Design-Build Services for Upshur Recreation Center Modernization ("The Project") is hereby modified as follows due to
continuing design activities through permit submission.
(Signature of person authorized to sign) (Signature of Contracting Officer)
Suzi Tabot
15B. KADCON Corporation 15C. Date Signed 16B. District of Columbia 16C. Date Signed
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:
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
3/26/2025
(Continuation)Page of Pages17. Contract Recap:$950,000.00-$ -$ -$ Total Contract Amount 950,000.00$ DCAM-23-CS-RFP-0029Contract NumberModification No. 1 Administrative - No Cost Time Extension2 of 2Modification No. 3Modification No. 2Administrative - No Cost Time ExtensionLetter Contract ExecutedModification No.July 11, 2024Administrative - No Cost Time ExtensionModification No. 3

DESIGN-BUILD AGREEMENT
FOR
UPSHUR RECREATION CENTER MODERNIZATION

BY AND BETWEEN

THE DEPARTMENT OF GENERAL SERVICES

AND

KADCON CORPORATION

CONTRACT NUMBER: DCAM-23-CS-RFP-0029
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PROJECT INFORMATION

A. PROJECT SUMMARY

1. Project Name: Design-Build Services for Upshur
Recreation Center Modernization
2. Project Address: 4300 Arkansas Avenue NW,
Washington, DC 20011
3. Agreement Type: Design-Build with Guaranteed
Maximum Price
4. Client Agency: Department of Parks and Recreation
(“DPR”)
5. Design-Builder: KADCON Corporation
6. Agreement Amounts:
i. Initial NTE: $3,062,916.00
ii. Project Budget: $17,500,000.00
7. Design-Builder Compensation:
i. Design Fee: $1,319,400.00
ii. Design-Build Fee:

$665,000.00
iii. Base Design-Build Fee (60% of
Design-Build Fee):
$399,000.00

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iv. At-Risk Portion (40% of Design-
Build Fee):
$266,000.00
v. Preconstruction Fee (15% of the
Base Design-Build Fee):
$59,850.00
vi. Lump Sum General Conditions
Cost:
$1,078,516.00
vii. Contingency: To be determined at GMP
viii. Allowances: To be determined at GMP
8. Liquidated Damages (Delay in
Substantial Completion):
$500.00/day
9. Disincentive Fee for Failure to
Timely Submit Deliverables
$2,500.00 plus $500.00/day
10 Key Personnel Replacement Fee: $25,000.00
11. GMP Amendment to be
Executed By:
[TBD]
12. Substantial Completion Date: December 31, 2026
13. Final Completion Date: January 27, 2027
14. Administrative Term Expiration
Date:
March 23, 2027
15. Letter Contract:
i. Period of Performance July 11, 2024 through execution of Contract
ii. NTE Amount: $950,000.00
16. GMP Basis Documents Design
Progression
Permit Set of Construction
Documents

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DESIGN-BUILD AGREEMENT

DESIGN-BUILD SERVICES FOR UPSHUR RECREATION CENTER
MODERNIZATION
DCAM-23-CS-RFP-0029
THIS AGREEMENT (“Agreement” or “Contract”) is made by and between the DISTRICT
OF COLUMBIA GOVERNMENT (the “District”), acting by and through its DEPARTMENT
OF GENERAL SERVICES (the “Department” or “DGS” or “Owner” ) and KADCON
CORPORATION, duly organized under the laws of District of Columbia, and with a place of
business at 1053 31st Street NW, Washington, DC 20007 (the “Design-Builder” or “Contractor”,
and collectively with the Department, the “Parties”).

RECITALS

WHEREAS, the Department issued a Request for Proposals dated October 19, 2023, (the
“RFP”) to engage a Design-Builder for Upshur Recreation Center Modernization at 4300 Arkansas
Avenue NW, Washington, DC 20011 (the “Project”);

WHEREAS, the Department expects that the Project be completed no later than December
31, 2026 (“Substantial Completion Date”);

WHEREAS, the Design-Builder submitted a proposal entitled “Proposal for Design-Build
Services for Upshur Recreation Center Modernization , DCAM-23-CS-RFP-0029”, dated
November 22, 2023, to provide Design-Build services for the Project;

WHEREAS, the Department has retained the Design -Builder to provide D esign-Build
services for the Project; and, the Project is to include utility investigation, design, preconstruction
services, demolition services, and construction services;

WHEREAS, the Design -Builder will provide the architectural, engineering, construction
and related services necessary to complete the Project, subject to the terms and conditions set forth
in this Agreement;

WHEREAS, the Department has retained the services of a program manager (the “Program
Manager”) to advise it concerning the Project;

WHEREAS, the Department has established a budget for the Project, including all design
fees, hard construction costs, furniture, fixture, and equipment (“FF&E”), and fees and general
conditions of the Design-Builder (such budget, the “Project Budget”); and
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WHEREAS, the Department and the Design -Builder entered into a letter contract dated
July 11, 2024 (the “Letter Contract”) pursuant to which the Design -Builder was authorized to
proceed with certain design and preconstruction services in furtherance of the Project.

NOW, THEREFORE, the Department and Design-Builder, for the consideration set forth
herein, mutually agree as follows.

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Article 1 DEFINITIONS

Section 1.1. Administrative Term.
The Agreement shall have an administrative term (the “Administrative Term”) that runs from the
effective date of the Notice to Proceed (“NTP”) to the Administrative Term Expiration Date set
forth in the Project Information Section above. In addition, within this time , the Design-Builder
shall execute and submit a Final Release of Liens and Claims in a form and format required by a
Contracting Officer (“CO”), inclusive of providing the Department with a complete set of any
product manuals (“O&M”) and training videos, if applicable. The Administrative Term is
established for the sole purpose of permitting the Department’s Office of the Chief Financial
Officer (“CFO”) to process payments in the event any payments become due. Notwithstanding the
foregoing, nothing herein shall be construed to: extend the Substantial Completion Date; extend
the Final Completion Date; or, limit the Department’s ability to assess liquidated damages thereon.

Section 1.2. Agreement.
The term “Agreement” shall mean this entire, integrated agreement between the Department and
the Design-Builder with respect to the Project, consisting of this document and the Exhibits thereto,
including but not limited to the Standard Contract Provisions, the Construction Documents released
for the Design-Builder’s use and any Change Orders, Contract Modifications or Change Directives
that have been executed by the Department.

Section 1.3. Client Agency.
The governmental or quasi -governmental entity represented by the Department, requesting the
Project.

Section 1.4. Construction Documents.
The final Drawings and Specifications, as prepared, sealed by the Design -Builder’s architect in
accordance with the law, and issued by the Design-Builder for the purpose of obtaining bids from
potential trade subcontractors and material suppliers for use in constructing the Project.

Section 1.5. Construction Phase Services.
Services provided throughout the construction phase during which the Design- Builder shall carry
out the bulk of the construction and manage the completion of the design for the Project.

Section 1.6. Cost of General Conditions.
The Cost of General Conditions shall have the meaning set forth in Section 8.2 of this Agreement.

Section 1.7. Contract Documents.
The term “Contract Document” refers one or more component of the documents that comprise the
Agreement between the Department and the Design -Builder, including any modifications or
changes thereof, the Drawings and Specifications, any addenda issued thereto, and the RFP and its
addenda.
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Section 1.8. Design & Preconstruction Phase Services.
The services to be provided under Article 3 constituting the design & preconstruction phase
services to be performed by the Design-Builder.

Section 1.9. Drawings.
The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located
and wherever issued, showing the design, locations and dimensions of the Work, generally
including plans, elevations, sections, details, schedules and diagrams.

Section 1.10. Final Completion.
The point at which Substantial Completion has been achieved, all punchlist items noted at
Substantial Completion have been completed and all documents the Design-Builder is required to
deliver to the Department as a condition to receiving final payment have been delivered.

Section 1.11. Final Completion Date.
The date established in the Agreement by which the Design- Builder shall achieve Final
Completion. The Final Completion Date may be modified only by Change Order or Change
Directive in accordance with the Agreement.

Section 1.12. Fully Complete.
To undertake all of the Work necessary to fully construct and complete the Project and execute all
tasks necessary to obtain the final certificate of occupancy for the Project from the District of
Columbia; submit final lien releases from the Design-Builder and Subcontractors and material
suppliers; complete all punchlist items to the Department’s approval and sign -off; and cause all
representations, warranties and guarantees to be honored and otherwise fulfill all of the
requirements set forth in the Agreement.

Section 1.13. Guaranteed Maximum Price or GMP.
The maximum amount, including, but not limited to, the Design- Build Fee and the Cost of the
Work, that will be paid the Design-Builder to Fully Complete the Project as set forth in Article 5.
The Guaranteed Maximum Price (“GMP”) may be modified only by Change Order, Contract
Modification or Change Directive in accordance with the Agreement.

Section 1.14. Hazardous Material.
Any toxic substance or hazardous chemical defined or regulated pursuant to federal, state or local
laws relating to pollution, treatment, storage or disposal of waste, or protection of human health or
the environment. Such laws include, without limitation, the Comprehensive Environmental
Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the
Clean Water Act, the Clean Air Act and laws relating to emission, spills, leaks, discharges, releases
or threatened releases of toxic material. The term Hazardous Materials shall also include petroleum
and petroleum bi-products.

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Section 1.15. Notice to Proceed.
A written notice to proceed, signed by the Department, directing the Design- Builder to proceed
with the Project or any portion of the Project (“Notice to Proceed” or “NTP”).

Section 1.16. Project Schedule.
The schedule for the Project agreed to by the Department and the Design -Builder. Such schedule
shall include a baseline schedule as updated periodically by the Design -Builder, approved by the
Department and as finalized by the GMP Amendment. The Project Schedule shall not be changed
except by a Contract Modification, Change Order or Change Directive issued by the Department’s
CO. The Project Schedule shall be in a form and contain such detail as may be agreed upon by the
Parties. A preliminary Project Schedule is attached as Exhibit B.

Section 1.17. Self-Performed Work.
Trade work performed by employees of: (1) the Design- Builder; (2) any entity that is a partner or
member of the entity comprising the Design-Builder; (3) any entity that controls, is controlled by,
or is under common control with the Design- Builder; or (4) any entity that controls, is controlled
by, or is under common control with any entity that is part of the Design -Builder. Self-Performed
Work is distinguished from trade work performed by Subcontractors unaffiliated with the Design-
Builder or the entities of which the Design-Builder is comprised.

Section 1.18. Services.
The services to be provided pursuant to the Agreement which shall include the Design &
Preconstruction Phase Services and the Construction Phase Services.

Section 1.19. Specifications.
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship for the
Work, and performance of related services.

Section 1.20. Standard Contract Provisions.
The District of Columbia Department of General Services Standard Contract Provisions, General
Provisions (Construction Contract), as amended, are attached hereto as Exhibit J1 and
incorporated herein. The District of Columbia Department of General Services Standard Contract
Provisions, General Provisions (Architectural & Engineering Services Contract), as amended, are
attached hereto as Exhibit J2 and incorporated herein.

Section 1.21. Subcontractor.
Any person, natural or legal, to whom the Design-Builder delegates performance of any portion of
the Work required by the Agreement. The term “Subcontractor,” used without a qualifier, shall
mean a subcontractor in direct privity with the Design -Builder. “Subcontractors at all tiers” shall
mean not only those Subcontractors in direct privity with the Design -Builder, but also those
performing Work pursuant to sub-subcontracts, subcontracts, and so on.
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“Subcontractors” shall include both those who are retained to perform labor only and those who
are retained both to perform labor and to supply material or equipment. “Subcontractors” shall also
include design professionals who are not the Design-Builder’s employees and to whom the Design-
Builder delegates any part of its responsibilities under the Agreement, except that references to
“trade Subcontractors” shall exclude design professionals.

Section 1.22. Substantial Completion.
Substantial Completion shall mean that all of the following have occurred: (1) the construction and
installation work have been completed with only minor punch list items remaining to be completed;
(2) a temporary certificate of occupancy and all other req uired permits or approvals have been
obtained; (3) draft copies of all operating and maintenance manuals, training videotapes and
warranties required by the Agreement have been delivered to the Department and the Client
Agency; (4) any supplemental training session required by the Agreement for operating or
maintenance personnel have been scheduled; (5) all clean-up required by the Agreement has been
completed; (6) the Project is ready for the Department and Client Agency to use it for its intended
purpose; and (7) all equipment, supplies, materials and items to be installed have been installed in
accordance with the manufacturer’s specifications and industry standards and have undergone and
passed the requisite testing and inspections. “Minor punch list items” are defined for this purpose
as items that, in the aggregate, can be completed within thirty (30) days without interfering with
the Department or Client Agency’s normal use of the Project.

Section 1.23. Substantial Completion Date.
The date established herein by which the Design -Builder shall achieve Substantial Completion.
The Substantial Completion Date may be modified only by Change Order, Contract Modification
or Change Directive in accordance with the Agreement.

Section 1.24. Work.
The term “Work” refers to any and all work done in performance of the Services necessary, at any
and all phases of the Agreement, to Fully Complete the Project.

Section 1.25. Protection of Existing Elements.
The Design-Builder shall protect all existing features, public utilities, and other existing structures
during construction. The Design-Builder shall protect existing, site improvements, trees and shrubs
from damage during construction. Protection extends to the root systems of existing vegetation.
The Design- Builder shall not store materials or equipment, or drive machinery, within drip line of
existing trees and shrubs.

Section 1.26. Site Cleanliness
During the Agreement performance and/or as directed by the Department’s Program Manager, as
the installation is completed, the Design-Builder shall ensure that the site is clear of all extraneous
materials, rubbish, or debris.
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Article 2 GENERAL PROVISIONS

Section 2.1. Letter Contract
The Parties acknowledge that certain of the investigation, design and preconstruction activities
described in Article 3 of this Agreement were performed pursuant to the Letter Contract between
the parties dated July 11, 2024. Pursuant to the terms of the Letter Contract, upon execution of
this Agreement by the Department (the “Agreement Effective Date”), the Letter Contract shall
automatically terminate and shall merge into and be superseded by this Agreement. For avoidance
of doubt, any services provided or work performed pursuant to the merged Letter Contract, and
prior to the date that this Agreement is effective, shall be governed by the terms and condition of
this Agreement.

Section 2.2. Term and Termination
The period of performance under this Agreement shall commence from the date of execution of the
Letter Contract by the Department and shall terminate upon the expiration of the Administrative
Term or upon termination by the Department pursuant to Articles 5 and 6 of the Standard Contract
Provisions (Construction Contracts) and Article 8 of the Standard Contract Provisions
(Architectural & Engineering Services Contracts).

Section 2.3. Relationship of Parties.
The Design-Builder accepts the relationship of trust and confidence established with the
Department by this Agreement, and covenants with the Department to furnish the Design-Builder’s
reasonable skill and judgment and to cooperate with the Program Manager in furthering the
interests of the Department. The Design-Builder shall use its best efforts to perform the Work and
complete the Project in an expeditious and economical manner consistent with the interests of the
Department. The Department shall endeavor to promote harmony and cooperation among the
Department, Design-Builder, Program Manager, and other persons or entities employed by the
Department for the Project. In performing its duties under this Agreement, the Design-Builder
shall at all times use the standard of care used by Design-Builders that construct projects similar
to the Project in type, size and scope in large, urban areas. Whenever the term “competent” is used
herein to describe the Design-Builder’s actions or duties that term shall refer to the level of
competence customarily possessed by those Design-Builders that construct projects similar to the
Project in type, size and scope in large, urban areas.

Section 2.4. Confidentiality of Information
The Design-Builder shall assure and keep all information and data obtained throughout the
performance of the Project whether related to the Agreement, the Work in all of its aspects, the
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Department and the Department’s employees confidential, during and following the term of the
Agreement, and shall not use the information in connection with any other matters; nor shall it
disclose any such information to any other person, firm or corporation, unless disclosure is required
pursuant to court order, subpoena or other regulatory authority. The Design-Builder shall not be
divulged of confidential information without the individual’s and the Department’s written consent and
only in accordance with the District’s or Federal laws, codes and regulations. The Design-Builder and
any Subcontractors who utilize, access, or store personally identifiable information as part of the
performance of this Agreement are required to safeguard this information and immediately notify
the Department of any breach or suspected breach in the security of such information. The Design-
Builder and all Subcontractors shall allow the Department to both participate in the investigation
of incidents and exercise control over decisions regarding external reporting. The Design-Builder,
Subcontractors and their respective employees working on this Project may be required to sign a
confidentiality statement.

Section 2.5. Project Description.

The Design-Builder shall provide Design-Build Services required for Upshur Recreation Center
Modernization, located at 4300 Arkansas Avenue NW , Washington, DC 20011 (the “Project”). The
Project shall be complete, operating and ready for use on or before the Substantial Completion Date
and within the Project’s budget as specified in the RFP Documents.

Generally, the Design-Builder’s responsibilities shall include, but will not be limited to, the following:

a) To confirm the design and construction of the Project in accordance with the RFP
Documents.
b) To provide all design services and construction management services necessary to
implement the goals of the Project including, but not limited to, the following: civil,
architectural, electrical, structural, and mechanical design services as required for t he
Project; construction management services inclusive of budgeting, value engineering
(“Value Engineering”), scheduling, Project administration, management, and coordination
of subcontractors.
c) To conduct subsurface investigations, if and as required for the Project.
d) To furnish and provide all materials, management, personnel, equipment, hazardous
material abatement, supervision, labor, and other services necessary to complete the Project.
e) To provide the necessary design consultants, and documentation for all permitting, zoning,
historic preservation, and US Commission of Fine Arts approvals; and
f) To provide move coordination and logistics support for the Project if required to achieve the
Project scope.

During the Construction Phase, the Design-Builder shall construct the Project. The Design-Builder shall
be required to cause the Work to be completed in a manner consistent with the design documents and
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phasing plan approved by the Department and shall provide all labor, materials, insurance, bonds, and
equipment necessary to fully complete the Project in accordance with the drawings, specifications,
Project Schedule, and Project Budget that are issued and approved for the Project by the Government.
The Design-Builder shall be responsible for paying and obtaining all necessary permits and to pay all
necessary fees for utility connections and the like.

Section 2.6. Project Sustainability Requirements

Section 2.6.1 LEED and Green Construction Code Requirements: The Project shall be
designed in such a way to incorporate, at a minimum, LEED Silver principles. Evaluation will be
required to determine if the level of renovation qualifies for LEED certification; if the Project does
qualify the District will require the innovation LEED Pilot Credit – Integrative Process for Health
Promotion (https://www.usgbc.org/credits/new-construction-core-and-shell-schools-new-
construction-retail-new-construction-healthc-106), green roof credits through the Department of
Energy and Environment (“ DOEE”) Stormwater Retention Credit program and RiverSmart
Rooftops Rewards and Rebate program), and Energy Star Certification. The Design- Builder will
be responsible for applying for and achieving Energy Star Certification and filing the DOEE
Stormwater Retention Credit and RiverSmart Rooftops registration forms. The Design -Builder
shall also comply with the recently adopted International Green Construction Code.

Section 2.6.2 Net Zero Energy and Energy Consumption Requirements: The District is
particularly interested in Upshur Recreation Center becoming a Net Zero Energy building, and the
Department requires the design-build team to use net zero strategies in the building’s design and to
attain certification through the International Living Future Institute’s (ILFI) Zero Energy Building
program.

The building shall be design-built to operate at an annual Energy Use Intensity (EUI) of 20 or less.
In addition to meeting ILFI Zero Energy certification, this EUI threshold is necessary for DC
government to be in compliance with the DC Building Energy Performance Standards (BEPS) law.
Additional information can be found in the DGS Energy Management Plan (EMP). The EMP
follows Mayor Bowser’s 2019 signing of the Clean Energy DC Omnibus Amendment Act of 2018,
which established the DC Building Energy Performance Standards (BEPS) that require building
owners to meet energy reduction targets by actively improving the energy performance of their
buildings over time.
a. In coordination with DGS -Sustainability and Energy Division, the A/E shall monitor
and adjust the building’s energy systems for two years after commissioning to ensure
the annual EUI score is maintained. The DGS-Sustainability and Energy Management
Division’s Solar Program will provide solar technical assistance for designing the roof
and other potential areas to solar- ready standards. The Department contemplates
entering into a solar photovoltaic (PV) power purchase agreement in the future for
Upshur Recreation Center through a separate contract with a solar developer.
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Section 2.6.3 Design Excellence Criteria Narrative
During the Design Phase, the Design-Builder shall develop a design for the Project that is consistent
with the District’s Comprehensive Plan, inter -agency goals, and the DGS Design Excellence
Program objectives. The Design Phase will include participation in the Design Excellence Peer
Review which will convene three times during the design phase; twice in the conceptual phase and
once in the Schematic phase. The peer reviews will focus on discussing the Design Excellence
design principles. During the preliminary conceptual design phase, the creation of three preliminary
design options will be created, each option will include its own specific budget scenario and
schedule. The purpose of the peer review is not to mandate solutions but to highlight opportunities
to strengthen the design and fulfill project requirements.

Section 2.7. Program Manager.
The Department has engaged a Program Manager to provide certain program management functions.
Such Program Manager shall, at all times, be acting solely for the benefit of the Department, not
the Design-Builder. The Design-Builder hereby acknowledges and agrees that only a duly authorized
and designated Contracting Officer shall have the authority to direct the Contractor to start the Project
or to issue change orders, contract modifications, or change directives on the Department’s behalf. The
Project Manager and Contracting Officer’s Technical Representative shall not have the authority to
modify any of the rights and obligations of the Department or the Contractor pursuant to the proposed
Contract, or to issue change orders, contract modifications, or change directives. As of the date that this
Agreement is executed, the Department’s duly authorizing Contracting Office r(s) is/are set forth in
Exhibit I.

Section 2.8. General Description of Design-Builder’s Duties and Responsibilities.

The Design-Builder shall perform the Services in a professional workmanlike manner. The Design-
Builder shall supply and furnish at the location where the Work is to be performed all design
service, labor, materials, equipment, tools, services, and supervision, and shall bear all items of expense,
necessary to complete and satisfactorily perform this Agreement, except such items that the
Department, in this Agreement, specifically agrees to supply or furnish to or for the use of Design-
Builder. Any labor, materials, equipment, tools, services or supervision not specifically described
in this Agreement, but which may be fairly implied as required thereby or necessary to properly
complete the Work, shall be deemed within the Scope of the Work and shall be provided by Design-
Builder at Design-Builder’s sole expense.

The Design-Builder will be required to work with the Department and Project stakeholders through
a collaborative design process to develop a Concept Design for the Project in accordance with the
available budget. The Design-Builder will be required to engage in extensive design and
preconstruction efforts to ensure that the design is developed in a manner consistent with the
Department’s goals for the Project (e.g., programmatic, budgetary, schedule and quality); to solicit
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competitive trade bids for the construction work and to develop an acceptable GMP and corresponding
scope and schedule for the work; and to implement the requisite construction and other work necessary
no later than the Substantial Completion Date. The Design-Builder will be required to provide a “turn-
key” Project ready for its intended use and shall be responsible for all items of cost except for those
items set forth in Section 9.7 of this Agreement.

Section 2.9. Warranties and Representations

a. All disclosures, representations, warranties, and certifications the Design-Builder
makes in its proposal in response to the RFP shall remain binding and in effect
throughout the term of the Agreement. The Design-Builder reaffirms that all such
disclosures, representations, warranties, and certifications are true and correct.

b. If any disclosure, representation, warranty or certification the Design- Builder has
made or makes pursuant to the RFP or the Agreement, including, without limitation,
representations concerning the Design-Builder’s construction or design experience and
qualifications, claims or litigation history or financial condition, is materially
inaccurate, that shall constitute a material breach of the Agreement, entitling the
Department to any and all available remedies.

c. The terms and conditions of this Section 2.9 shall apply during both the Design &
Preconstruction and Construction Phases.

Section 2.10. Responsibility for Agents and Contractors.
At all times and during both the Design & Preconstruction and Construction Phases, the Design-
Builder shall be responsible to the Department for any and all acts and omissions of the Design-
Builder’s agents, employees, Subcontractors including modular building
supplier/manufacturer/installer, Sub-Subcontractors, material suppliers, and laborers, and the agents
and employees of the Subcontractors, Sub-Subcontractors, material suppliers, and laborers
performing or supplying Work in connection with the Project.

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Article 3 DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES

Section 3.1. Preconstruction Services.
During the Design & Preconstruction Phase, the Design-Builder shall provide such design and
preconstruction services as are necessary to properly advance the Project. Without limiting the
generality of the foregoing, during the Preconstruction Phase, the Design-Builder shall: (i) work with
its Architect and any design consultants to advance the design for the Project in consultation with
Client Agency, the Department and its Program Manager; (ii) obtain bids from trade subcontractors
to perform the work described in the Design Development Documents and provide bid tabulations to
the Department; (iii) engage in any Value Engineering and scoping exercises necessary to return
the cost of the work to the Project Budget; (iv) engage in preconstruction activities, including
identifying any long-lead items; (v) develop a GMP proposal for the Project; and (vi) enter into a
GMP for the Project. Throughout the Design & Preconstruction Phase, the Design-Builder shall
schedule and attend regular meetings with the Department, the Program Manager and the Architect. A
list of preconstruction deliverables is set forth in Exhibit C.

Section 3.1.1 Initial Deliverables

The Design-Builder’s initial task will be to perform a feasibility study with a design narrative
to a complete schematic design, and develop a phasing plan and budget for the Project. As part
of this effort, the Design-Builder shall prepare and provide the following initial deliverables:

Section 3.1.1.1 Feasibility Study

a. Charrette Sessions and Survey
i. The Design-Builder shall facilitate up to two (2) meetings with DGS, DPR and
other Project stakeholders (for example, facilities representatives and community
groups) to better understand the requirements of the Project. These meeting shall
include charrette sessions that w ill allow for creative solutions to the needs of the
District and community, as well as avoiding unworkable programming or design.
At the end of the charrette sessions and informational meetings, The Design-
Builder shall produce a report summarizing the meetings and its recommendations
for the final Project based on those meetings. This shall be known as the
Stakeholder Analysis.
ii. The Design -Builder shall facilitate up to one (1) community meeting. At this
meeting The Design-Builder shall explain the Project, the reasons for the Study and
solicit feedback from attendees on what program elements they would like to see
in the new Center. The meeting shall be run by The Design-Builder to encourage
maximum participation by the attendees and allow DGS and DPR to understand the
community’s priorities. It shall be expected that this will be a virtual meeting due
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to the ongoing District health emergency.
1. Note that the meetings, sessions, and charrettes mentioned herein shall
be separate from regular progress meetings with DGS.
b. Zoning Analysis
i. The Design -Builder shall review the current zoning regulations in place in and
around the Center, and how these regulations create risks and opportunities for the
new Center. The Design -Builder shall perform an analysis on what zoning
exceptions, if any, must be sought in order for the Project to be successful. Further,
the analysis must take in to account the impacts of any zoning modifications on the
amount of required parking at the site.
c. Historical Analysis
i. The Design-Builder shall analyze the historical status of the existing building, and
how this status creates risks and opportunities for the new Center.
d. Geotechnical Survey
i. The Design -Builder shall undertake a geotechnical study using all industry best
practices. The Design -Builder shall obtain soil borings of sufficient quantity to
identify any conditions that may impact the design for any footings, foundations,
utilities, sidewalks, below-grade facilities (including pools), parking lots, etc. The
geotechnical survey will be publis hed in full as an addendum to the Feasibility
Study Report, and the Feasibility Study Report shall include notes on how the
conditions identified in the report will impact the design of the new Center. The
Design-Builder shall be responsible of obtaining all permits required to undertake
the Geotechnical Survey.
e. Environmental Site Assessment
i. The Design-Builder shall undertake a Phase I environmental site assessment. This
shall include a comprehensive description of the existing environmental conditions
at the site. Such an assessment must describe the natural geological, hydrological,
and biological resources of the area including any endangered species; describe the
man-made resources including site land use, transportation patterns, zoning,
population density and demographics; and describe the human resources including
the social factors, aesthetic features, historical, archeological, and architectural
aspects of the environment.
f. Further, as part of the Assessment, The Design-Builder must:
i. Identify and describe both primary and secondary environmental impacts,
beneficial and adverse, anticipated from the proposed project on all natural, man-
made, human, and economic resources during all aspects of the site preparation,
construction and operation.
ii. Discuss the remedial, protective, and mitigation measures to be taken as part of the
project in response to adverse environmental impacts. Mitigating measures refer to
those methods used to ensure that the project is brought into compliance with all
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governing regulations including, but not limited to air, water quality, noise control,
solid waste, radiation, and land use regulations.
iii. Describe in detail those impacts which cannot be reduced to acceptable levels, their
implications, and the reasons why the action is being proposed notwithstanding
their effect. Where abatement measures can reduce adverse impacts to acceptable
levels, discuss the effectiveness, costs of the abatement measures, and the basis for
considering the adequacy of the determination.
iv. The analysis of alternatives should be sufficiently detailed and rigorous to permit
independent and comparative evaluation of the benefits, costs, and environmental
risks of the Project and each reasonable alternative.
g. Site Survey
i. The Design-Builder shall conduct all necessary surveys including, but not limited
to, topographical, utilities, high water lines, floodplain delineation, wetlands
delineation and any, and all, features necessary for DGS to implement a successful
project and as may be required by federal and local agencies for the receipt of
building permits. The Design-Builder must identify the base flood elevation at the
site to determine how it will impact the design for any footings, foundations,
underground utilities, trenches and drainage.
ii. The Design -Builder shall conduct a boundary survey. The Design -Builder must
determine the existence of and extent of any easements or encroachments.
Contractor shall produce a scaled drawing that depicts the boundaries of the site.
Data used must be prominently noted on the drawing.
iii. The Design-Builder shall conduct a utility survey to identify any and all above -
ground or below ground utilities that are inside of or adjacent to the property (this
shall include any utilities in the public right of way that borders the property). The
Design-Builder shall produce a scaled drawing that depicts all utilities found on the
survey. The Feasibility Study Report shall include notes on what utilities, if any,
may need to be relocated or upgraded for the Project.
h. Programming Documents and Space Plans
i. The Design-Builder shall create programming documents that break-down the size
and quantity of each room in the Center and add the figures to estimate the size of
the future Center. It shall be assumed that multiple revisions to the programming
documents will be required.
ii. The Design-Builder shall create space plans showing its recommendations for the
layout of the Center. It should be assumed that multiple revisions to the space plans
will be required.
i. Comprehensive Plans
i. The Design-Builder shall analyze how the suggested program for the Center aligns
with the District’s Comprehensive Plan, and any long-term DPR master plans.
j. Cost Estimate and Design/Construction Schedule
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i. The Design -Builder shall create a detailed cost estimate for the approved
Programming Documents and Space plans described in (f) above. The Design -
Builder shall specifically analyze the cost impact, if any, of Net Zero certification
for the new Center. The cost estimates shall take into account the following: (i)
results of surveys and studies and their impact on the design and construction means
and method s, (ii) escalation to the expected mid -point in construction, (iii) past
similar projects completed by DGS and (iv) other historical cost information. The
cost estimates shall be in CSI format or another format approved by DGS.
ii. The Design -Builder shall produce a Project schedule showing both design and
construction activities. The schedule shall be submitted in P6 format.

Section 3.1.1.2 Feasibility Study Report
i. The Design-Builder will be required to modernize the existing Upshur Recreation
Center into an all- inclusive facility catering to people of all ages and abilities.
Building amenities shall include but are not limited to:
1. Program to be based off the Feasibility Study.
2. Pool/Pool House
3. Fields/Playgrounds
4. Recreation Center
5. Basketball Courts
ii. The Design-Builder, at the end of the Study, shall create a Feasibility Study Report.
The Feasibility Study Report shall incorporate the findings from all the activities
described above and shall include, at minimum, the following elements:
1. Description of the Project and site
2. Site photographs
3. Summary of stakeholder meetings and charrettes, including all reports
4. Results from community survey
5. Zoning Analysis
6. Historical Analysis
7. Geotechnical Report
8. District comprehensive plan
9. Environmental Site Assessment
10. Site Survey, Boundary Survey and Utility Survey
11. List of agencies, federal and local, with jurisdiction over the P roject,
including a list of all permits and approval required for the Project to
commence, continue and be completed.
12. Project risk log
13. Drawings and plans, as mentioned in Section III.
14. Meeting minutes
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15. Memorandums

The Design-Builder shall submit a draft report to DGS and DPR within the schedule
referenced in Section 3.1.1.3. DGS and DPR shall be given up to twenty -one (21)
calendar days to review the draft report. After receiving comments, The Design-Builder
shall make all requested revisions to the draft report to create a final report within ten
(10) days of receiving comments from DGS.

Section 3.1.1.3 Baseline Schedule. Within twenty-one (21) days after the Preconstruction
NTP is issued, the Design -Builder shall prepare and submit a Baseline Schedule for the
Project (the “Baseline Schedule”). The Baseline Schedule shall be subject to review and
approval by the Department and the Design- Builder shall incorporate such adjustments to
the Baseline Schedule as may be reasonably requested by the Department. The Baseline
Schedule shall be prepared in a critical path method (“CPM”) in a sufficient level of detail
to permit the Department and the Design-Builder and any other affected parties to properly
plan the Project. The Baseline Schedule shall include but not be limited to the following
key milestones:
a) Building Systems Assessment Submission (within 14 days of NTP)
b) Construction Management Plan Submission (within 14 days of NTP)
c) Feasibility Study (within 6 weeks of NTP)
d) Concept Design Submission (within 12 weeks of NTP)
e) Concept Design Department review period (14 days)
f) Early Start Agreement(s) Submission Date(s)
g) Schematic Design Submission
h) Schematic Design Department review period (14 days)
i) Design Development Submission
j) Design Development Department review period (21 days)
k) GMP Submission Date
l) Construction Document Submission
m) Permit Submission(s)
n) Anticipated Permit approval(s)
o) Release dates for the key subcontractors and long-lead materials, include
the following, if applicable:
a. Elevator(s)
b. Switchgear
c. Transformer
d. Generator
e. Security cameras
f. Door hardware
g. Playground equipment
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h. Kitchen equipment
i. Furniture
j. Windows, storefront, and curtainwall
p) Excavation completion
q) Below-grade structure completion
r) Above-grade structure completion
s) O&M final submission (required 6 months before Substantial
Completion)
t) Temporary weather-tight completion
u) Weather-tight completion
v) Permanent power completion
w) MEP systems operational
x) Sitework completion
y) Building trade inspections, include the following trades:
a. Elevator
b. Plumbing
c. Mechanical
d. Electrical
e. Fire Alarm
f. Sprinkler
z) Final building inspection
aa) DOB COO application review period (10 days)
ab) Conditional or Final Certificate of Occupancy obtained
ac) Staff Move-in (3 weeks before student move-in)
ad) Student Move-in (3rd Monday in August)

The Baseline Schedule shall include durations and logic ties for those building systems that
the Design-Builder is recommending for replacement. The Baseline Schedule must also be
submitted in Primavera 6 native format and shall be updated by the Design- Builder, at a
minimum, on a bi-weekly basis.

Section 3.1.1.4 Concept Design.
The first phase of the Project will include the preparation of a concept design and program
development. No later than twelve (12) weeks after the Preconstruction NTP is issued, the
Design-Builder shall prepare and submit a proposed concept design for the Project. The
concept design shall contain at least the level of detail contemplated in standard industry
practice and shall cont ain such detail as is typically required for a concept design under
standard industry practice. The Department shall have the right to disapprove the concept
design submittal for any reason. Following review of the concept design submission by DPR
and the Department, the Design- Builder shall make revisions to the concept design
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submission as necessary to incorporate comments, feedback and other direction provided
by DPR and the Department. The Design-Builder’s pricing shall assume that such revisions
will be required, and such revisions shall not entitle the Design- Builder to additional
compensation. The concept design services shall include but are not limited to the following:

a) Conduct meetings with DGS representatives to confirm program and
verify facility requirements.
b) Conduct community focus meeting to develop programming and solicit
input.
c) Conduct life safety/building code analysis to verify compliance of design
with all current applicable codes recently adopted and/or adopted by
Washington, DC, including the latest District of Columbia Building
Code, the latest District of Columbia Green Construction Code, the latest
District of Columbia Energy Conservation Code, the latest District of
Columbia Fire Code, the latest District of Columbia Mechanical Code,
and the latest District of Columbia Plumbing Code.
d) Participate in Value Engineering workshops, as required, with the DGS
representatives.
e) Prepare and submit Environmental Impact Screening Form (“EISF”).
f) Survey existing site to confirm locations and types of hazardous materials
to be abated or mitigated.
g) Conduct a complete survey of the site as required to successfully
complete renovation. At a minimum, the survey shall include existing
condition of the site and documentation of existing condition. The
Design-Builder shall be responsible for the collection , assessment, and
verification of existing conditions.
h) Confer with the Department’s IT representatives/consultants to
verify technological requirements for the Project.
i) Renovation and new construction should be designed to qualify for LEED
Silver certification.

Section 3.1.1.5 Preliminary Budget Estimate. Concurrently with the delivery of the
concept design, the Design- Builder shall submit a detailed cost estimate of the proposed
design (such estimate, the “Preliminary Budget Estimate”). With regard to building systems
(i.e. roofs, doors, HVAC, security, IT, etc.), the Preliminary Budget Estimate shall be
prepared on a “system” basis that identifies the key building systems or functions and
allocates an estimated cost for each such system. The Design-Build Fee, the cost of general
conditions, and contingenc ies shall be broken out in separate line items. The primary
purpose of the Preliminary Budget Estimate is to aid the Department and the Client Agency
in understanding the costs associated with key elements of the Project to better prioritize
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and manage the use of the funding allocated to this Project. All estimates shall be broken
out into three categories: renovation, new construction, and site work, where applicable.

Section 3.1.1.6 Baseline Budget and Program. The Department shall provide the Design-
Builder with a baseline budget and program and comments on the concept design. Such
approval shall be provided (or signed by) the Department’s Deputy Director for Capital
Construction (the “Deputy Director”). In the event the Design-Builder does not receive such
approval within fourteen (14) days after submitting the Preliminary Budget Estimate, it shall
so advise the COTR, the Deputy Director and the contracting officer (“Contracting Officer”
or “CO”) in writing of such failure and request direction. If the Design- Builder fails to
provide such notice, the Design- Builder will be proceeding at its own risk and will be
responsible for any redesign costs associated with budget revisions.

Section 3.1.1.7 Construction Management Plan. The Design-Builder shall submit a draft
of its construction management plan (“Construction Management Plan”) within fourteen
(14) days after the Preconstruction NTP is issued to include, but is not limited to, noise
control, hours for construction and deli veries, truck routes, trash and debris removal plan,
traffic and parking control, communications procedures, emergency procedures, quality
control procedures, dust control, public street cleaning and repair, planned occupancy of
public ways, erosion control, tree protection plan, vibration monitoring, temporary fire
protection measures, P roject signage, pest control, construction staging plan, and
construction logistics plan.

Section 3.1.1.8 Additional Preconstruction Services. In addition to those items
enumerated above, the Design- Builder shall provide such preconstruction services as are
necessary to properly advance the Project. These services shall include, but are not limited to,
scheduling, estimating, shop- drawings, the ordering of long- lead materials, condition
assessments, conservator studies, archeological studies, recommended testing, additional
geotechnical testing, and monitoring of historic assets.

Section 3.1.1.9 Disincentive Fee for Failure to Timely Submit Deliverables. The Design-
Builder acknowledges that the Department is engaging the Design- Builder to provide an
extensive level of preconstruction support services to minimize the potential for cost
overruns, schedule delays or the need for extensive Value Engineering/re -design late in the
Project and that the deliverables required under this Section 3.1.1 are key to identify the
value of such services. In the event the Design-Builder fails to deliver any of the deliverables
required in Section 3.1.1 (and unless such failure is the result of any event of Force Majeure),
the Design-Builder shall be subject to a disincentive fee in an amount of Two Thousand Five
Hundred Dollars ($2,500) plus Two Hundred and Fifty Dollars ($250) per day after receiving
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written notice from either the COTR or the Contracting Officer of failure to submit such
deliverables.

Section 3.2 Design Management

During the Design and Preconstruction Phase, the Design-Builder, in consultation with the Department,
shall (i) develop conceptual plan and cost estimates; (ii) develop a draft final conceptual site
plan/response and cost estimate; (iii) prepare and submit soft and hard copies of the complete set of
35% Schematic Design Documents; (iv) prepare and submit soft and hard copies of the complete set of
60% Design Development Documents, Specifications and the Design- Builder’s cost estimate and
schedule; (v) prepare soft and hard copies of the complete set of 95% Construction Documents,
Specifications and Design-Builder’s cost estimate and schedule; (vi) review existing condition
assessment and recommendation; and (vii) obtain all necessary building permits to support the Project
Schedule. Without limiting the generality of the foregoing, during the Preconstruction Phase, the
Design-Builder shall: (i) work with its Architect and any design consultants to advance the design for
the Project in consultation with the Client Agency, the Department, and its Program Manager; (ii) obtain
bids from trade subcontractors to perform the work described in the Design Development Documents
and provide bid tabulations to the Department; (iii) engage in any Value Engineering and scoping
exercises necessary to return the cost of the work to the Project Budget; (iv) engage in preconstruction
activities, including identifying any long-lead items; (v) develop a GMP proposal for the Project; and
(vi) enter into a GMP for the Project. Throughout the Design & Preconstruction Phase, the Design -
Builder shall schedule and attend regular meetings with the Department, the Program Manager, and the
Design-Builder’s Architect.

Between the time the Preconstruction NTP is issued and the time the GMP is accepted by the
Department, the Design-Builder shall use commercially reasonable best efforts to ensure that: (i) the
design evolves in a manner that is consistent with the Department’s budget and programmatic
requirements, as the same were defined and established by the Department at the end of the concept
design; (ii) the design work is properly coordinated; and (iii) the required design deliverables are
produced on or before the dates contemplated in the Project schedule. As part of this undertaking, the
Design-Builder shall provide the following:

Section 3.2.1 Schematic Design. The Design-Builder shall prepare a Schematic Design that
is a logical development of the approved Concept Design and is consistent with the
Department’s schedule, budget which includes both soft and hard costs and programmatic
requirements. The Schematic Design shall contain at least the level of detail contemplated in
standard industry practice and shall contain such detail as is typically required for a Schematic
Design under standard industry practice. The design submittal shall specifically identify any
deviations from the approved Concept Design and shall explain the rationale, cost and time
implications associated with such deviation. The Department shall have the right to
disapprove the Schematic Design submittal for any reason. Following review of the Schematic
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Design submission by DPR and the Department, the Design- Builder shall make revisions to
the Schematic Design submission as necessary to incorporate comments, feedback and other
direction provided by DPR and the Department. The Design -Builder’s pricing shall assume
that such revisions will be required, and such revisions shall not entitle the Design-Builder to
additional compensation.

In general, the Design-Builder shall be required to undertake the following tasks
during this phase:

a) Further develop conceptual plans and incorporate design changes.
b) Conduct community meetings to solicit input and keep constituents informed
throughout the development of the Project.
c) Prepare necessary presentation materials (renderings and models) to
communicate design intent and obtain approval of design direction.
d) Continue development of phasing plan based on the approved CD, to
accommodate the Project’s needs.
e) Submit an early estimate for the new construction with a magnitude of error of
Not-to-Exceed +/- 10% of the Project hard cost budget.
f) If it is necessary for Project early inquiry with Public Utility Companies PEPCO
and Washington Gas as well as Verizon should be conducted.
g) Conduct Department of Energy and Environment (“ DOEE”), Department of
Buildings (“DOB”), District Department of Transportation (“DDOT”), and DC
Water Preliminary Design Review meetings.
h) Renovation and new construction should be designed to qualify for LEED Silver
certification.

Section 3.2.2 Schematic Budget Update. Concurrent with submission of the Schematic
Design, the Design-Builder shall submit a budget update. The budget update shall be
submitted in the same format as the Preliminary Budget Estimate and shall show variations
from Preliminary Budget Estimate. To the extent the budget update shows an overrun from
the approved budget, the Design-Builder shall submit Value Engineering suggestions that
would return the Project to budget. Only the Department shall have the authority to increase
the Project Budget, and absent such direction, the Design-Builder shall proceed on the
assumption that the budget remains as originally directed by the Department.

Section 3.2.3 Constructability/Sole Source/Long-Lead Time Memorandum.
Concurrently with the Schematic Design Budget Estimate, the Design-Builder shall prepare
a memorandum identifying key construction concerns related to the Project. Such
memorandum shall: (i) assess the constructability issues related to the Project, including
site logistics; (ii) identify any items where the design is predicated on a single manufacturer
and, if so, identify at least two (2) comparable products; and (iii) identify any long-lead
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delivery items that could adversely affect the schedule contemplated in this RFP. To the
extent any such long-lead items are identified, the memorandum shall make
recommendations for addressing such items.

Section 3.2.4 Design Development. The Design-Builder shall prepare a set of design
development documents (“Design Development Documents”) that is a logical development
of the approved Schematic Design, along with any oral or written feedback provided by
the Department, and is consistent with the Department’s schedule, budget and
programmatic requirements. The Design Development Documents shall contain at least the
level of detail contemplated in standard industry practice and shall contain such detail as is
typically required for a Schematic Design under standard industry practice. The design
submittal shall specifically identify any deviations from the approved Schematic Design and
shall explain the rationale and cost implications associated with such deviation. The
Department shall have the right to disapprove the Design Development Documents submittal
for any reason.

The specific services required during this phase are:

a) Select and draft outline specifications for materials, systems, and equipment.
b) Develop detailed and dimensioned plans, wall sections, building section, and
schedules.
c) Complete code compliance analysis and drawing.
d) Confirm space-by-space equipment layouts with representatives from DGS.
e) Conduct follow up meetings with agencies as required.
f) Coordinate furniture, fixtures, and equipment requirements (“FF&E”).
g) Present the design to the Commission of Fine Arts (“ CFA”), Historic Preservation
Office (“HPO”), Office of Planning (“OP”), and other regulatory agencies as required.
h) The Design -Builder is responsible for coordinating with sub- consultants for storm
water management, and other specialized work, as necessary.
i) Renovation and new construction should be designed to qualify for LEED Silver
certification.

Section 3.2.5 Permits. The Design-Builder shall be responsible for preparing and
submitting all of the required permit applications that are necessary to complete the Project,
including trade permits (“Permit Documents”). The Design-Builder shall develop a list of the
required permits and shall track the progress of all such permits through the review process.
The Design-Builder shall update the Department with the status of each permit that is required
for the Project. The Design-Builder shall engage such permit expediters as the Design-Builder
deems necessary or appropriate in light of the Project’s schedule. The Design-Builder shall
participate in DOB’s Velocity accelerated plan reviews and permit approval program as part
of the permit allowance included in this Contract. The Design -Builder shall provide the
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resources necessary to support these requirements.

Section 3.2.6 Entitlements. The Design-Builder shall prepare such materials and make
such presentations as are necessary to obtain the required land use and entitlement approvals.
Approvals may be required from (i) the Office of Zoning, (ii) OP, and (iii) the CFA. Given
the nature of the work, it is not envisioned that such approvals will require extensive hearings
or submissions.

Section 3.2.7 Mid-Point Construction Document Review. Based on the approved Design
Development Documents and any approved Value Engineering, the Design-Builder shall
cause the Architect to prepare a set of Construction Documents. It is contemplated that
the Construction Documents may be issued in several different sets (i.e. architectural,
electrical, mechanical, structural, etc.). As each such set reaches a point where it is
approximately Fifty percent (50%) complete, the Design-Builder shall prepare and submit a
progress printing to the Department for its review and comment.

Section 3.2.8 Construction Document Review & Coordination.

The Design-Builder shall complete each of the Construction Documents packages in a
manner that addresses the concerns raised by the Department during the review
contemplated in Section 3.2.7 for such package. The Design-Builder shall issue one or more
set of permit documents to the Department for its review and approval (“Permit Set”).
The Permit Set shall represent the further progression of the approved DDs together with
any value engineering strategies approved by the Department. The Permit Set shall be
Construction Documents progressed to approximately 90% completion of those required
in a traditional Design/Build delivery method. With regard to each such set, the Design-
Builder shall highlight (or bubble) any aspect of the design that represents a material
deviation from the approved Design Development Documents and shall address in a
narrative format the impact, if any, such departure shall have on the Project’s aesthetics,
functionality or performance. The Department shall have the right to disapprove the
Construction Documents for any reason. If the Department disapproves the Construction
Documents, the Design-Builder will not be entitled to any additional compensation. If,
however, the Department disapproves a Construction Document that is a logical extension
of the approved Design Development Documents, the Design-Builder will be entitled to an
adjustment to the GMP and/or the Agreement schedule unless such a package departs from
the Scope of Work fairly reflected in the GMP Drawings and Specifications and in such event
the Design-Builder shall be required to prepare a revised design that complies with the GMP
drawings and specifications (“Drawings and Specifications”) and without any entitlement
to an increase in the GMP or an adjustment of the Agreement schedule. In the event the
Department does not approve a document within fourteen (14) days after issuance, such
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document shall be deemed approved unless the Department advises that such document is
still under review. In the event the Department’s review takes longer than fourteen (14)
days, such additional review shall be deemed a change event.

During the Permit Set phase, the Design-Builder shall complete the following tasks:

a. Continue to prepare detailed and coordinated drawings and specifications.
b. Prepare application and submit documents for building permits.
c. Work with the Department’s third-party plan reviewer to review the
documents for permit document submission.
d. Upload all documents to the DOB’s permit document review website in
accordance with their instructions.
e. Prepare and submit early-release excavation, foundations, concrete and steel
packages, if needed.
f. Prepare and submit DC Water permit application packages (all permit
types that may be required) and DOEE Storm Water Management and
Green Area Ratio packages for review and approval.
g. Prepare DDOT public space modifications package for submission to and
approval by DDOT Public Space Committee, participate in Committee
meetings as necessary.
h. Prepare all traffic control plans required to obtain relevant DDOT permit
approvals at all stages of the Project, as required.
i. Renovation and new construction should be designed to qualify for LEED
Silver certification.

In addition, the Design-Builder shall be required to (a) define, clarify, or complete the
concepts and information contained in the Permit Set; (b) correct design errors or
omissions, ambiguities, and inconsistencies in the Permit Set (whether found prior to or
during the course of construction); and (c) correct any failure of the Architect to follow
written instructions of the Department during any phase of design services or the
construction of the Project provided they are compatible with industry standards.

Section 3.2.9 Code Review. The Design-Builder shall submit the Permit Set to the DOB in
order to obtain the necessary building permits for the Project. The Design-Builder shall
monitor the permit process and shall incorporate any changes or adjustments required by
the Code Official. The Design-Builder shall also issue any such changes to the Department
for its review and approval. In this submittal, the Architect shall highlight (or bubble)
any aspect of the design that represents a material deviation from the permit set documents
and shall address in a narrative format the impact, if any, such departure shall have on the
Project’s aesthetics, functionality or performance. Subsequent to obtaining the necessary
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building permits, the Design-Builder shall prepare one or more sets of “issued for
construction documents” (the “IFC Set(s)”).

Section 3.2.10 Design Changes. If it should become necessary to amend any of the
approved IFC Set(s), the Design-Builder shall prepare an amendment to the drawings and
shall submit such amendment to the Department for its review and approval. In this
submittal, the Design-Builder shall highlight (or bubble) any aspect of the design that
represents a material deviation from the permit set documents and shall address in a
narrative format the impact, if any, such departure shall have on the Project’s aesthetics,
functionality or performance. In the event the Department does not approve such document
within ten (10) business days after issuance, unless otherwise denied, such document shall
be deemed approved, provided however that the Department has not advised that such
document is still under review.

Section 3.2.11 Third Party Contractors. The Department will hire third party contractors
for plan review and for testing and material inspections. The Design-Builder shall
coordinate and work with the Project Manager and third-party plan reviewer during the
building permit process.

Section 3.2.12 Final Maintenance and Operations Plan. The Design -Builder shall
submit, for the Department’s review, a final Maintenance and Operations Plan. The
Maintenance and Operations Plan shall be based on the final IFC Set(s). The approved
Maintenance and Operations Plan shall form the basis of the Design-Builder’s maintenance
of the building following Substantial Completion.

Section 3.3 Building Information Modeling
Building Information Modeling (“BIM”), Exhibit R is required to be used throughout the
facility lifecycle, including all Project phases from Project planning and concept design
through construction, as -builts, and into facilities management. The Design- Builder must
work collaboratively with all Project stakeholders. It is expected by the Department that all
the Design-Builder’s team members are to be committed to the use of BIM in the Project,
share their ideas of BIM expertise with the Design -Builder’s team, provide BIM data as
requested by other stakeholders, look for cost savings and schedule improvements during the
entire Project duration, and endeavor to leave as a legacy a fully updated, as built, facility
management ready building information model.
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Article 4 FORMATION OF GMP PROPOSAL

Section 4.1. General.
During the Design & Preconstruction Phase, the Design-Builder shall cause the Architect to prepare
the GMP Basis Documents. Based upon the GMP Basis Documents, the Design-Builder shall propose
a GMP (referred to as the “GMP Proposal”) which shall be submitted in accordance with this Article.
The Design-Builder acknowledges and understands that the GMP Basis Documents will be incomplete
at the time it submits its GMP Proposal. Although complete Construction Documents will not be
available and many details will not be shown on GMP Basis Documents or will otherwise need to be
adjusted, the GMP proposed in the Design-Builder’s GMP Proposal shall be intended to represent the
Design-Builder’s offer for the Final Completion of the Project. If the Design-Builder’s GMP
Proposal is acceptable to the Department, it shall be memorialized in form of an amendment to
this Agreement (such amendment, the “GMP Amendment”). Such amendment shall be in the form of
Exhibit L attached hereto.

As part of the GMP Amendment, the Design-Builder shall certify that the GMP established thereby (i)
contains sufficient amounts to perform all Work necessary for the Final Completion of the Project; and
(ii) contains sufficient amounts to provide and construct any items or facilities that are not contained in
the GMP Basis Documents, but which are necessary for a fully functioning facility that meets the
programmatic requirements established for the Project. The Design-Builder will further covenant and
agree in the GMP Amendment that it will perform all of the construction work necessary for the Final
Completion of the Project, including, without limitation, aspects of the Work that are not shown on
the GMP Basis Documents, but which are a logical development of the design intent reflected in the
GMP Basis Documents, for an amount not to exceed the GMP.

Section 4.2. Review of GMP Basis Documents.
The Department has selected the Design-Builder, in large part, because of its special expertise in
constructing similar projects. Before submitting its GMP, the Design-Builder shall review the GMP
Basis Documents for accuracy, constructability and completeness and shall bring such deficiencies to
the attention of the Department and shall cause its Architect to address any such deficiencies. To the
extent that any such deficiencies in the GMP Basis Documents could have been identified by such
review by a competent Design-Builder, such deficiencies shall not be the basis for a change in the GMP
or delaying the Project Schedule.

Section 4.3. Contingency.
The Cost of the Work shall include a contingency, which shall be a sum established by the Department
and the Design-Builder to cover, among other things costs necessary to address scope expansion that
is a logical development of the design, issues arising from or as a result of deficiencies in the
GMP Basis Documents and other costs which are properly reimbursable as Cost of the Work but not the
basis for a Change Order, such as costs that were not reasonably foreseeable as of the effective date of
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this Agreement, including such items as emergencies, unforeseeable changes in market conditions
for materials or labor, or subsurface, soils or site conditions that were neither known nor reasonably
discoverable as of the effective date of the Agreement (the “Contingency”). During the Construction
Phase, the Design-Builder shall keep the Program Manager informed as to the status of the
Contingency and shall, at a minimum: (i) advise the Program Manager or any significant draws
upon the Contingency in a timely manner; and (ii) provide the Program Manager with running status
of the Contingency balance at least once every two (2) weeks.

Section 4.4. Trade Bids.

Section 4.4.1. Subcontractors and Suppliers; Bidding Procedures. During the Design
& Preconstruction Phase, the Design-Builder shall seek to develop Subcontractor interest in
the Project. Within fifteen (15) days after the completion of the Schematic Design, the
Design-Builder shall provide to the Department for its review and approval a written
submission on the proposed bidding procedures. Such procedures shall include: (i) a list
of proposed trades packages; (ii) a list of trade subcontractors that will be invited to bid
on each such package; and (iii) a narrative description of the process. At least three (3)
potential subcontractors shall be identified for each trade package. In addition to the
information normally required in such bids, the Design-Builder shall also require
subcontractors to provide an estimate of the percentage of labor hours performed in
completing the subcontracted work that will be performed by District residents. A copy of
this deliverable must be submitted to both the COTR and the CO. In the event the
Department does not approve the proposed bidding procedures within fifteen (15) days after
its receipt, such procedures shall be deemed approved unless the Department advises that such
is still under review.

Section 4.4.2. Manage Bidding Process. Following the Department’s approval of the
design development documents, the Design-Builder shall manage the trade bidding
process in accordance with the approved bidding procedures and shall use commercially
reasonable best efforts to solicit at least three (3) qualified and bona fide bids for each trade
package that has an expected value in excess of One Hundred Thousand Dollars
($100,000.00). Trade packages shall not be parceled, split or divided to avoid the
$100,000.00 threshold. In addition to the information normally required in such bids, the
Design-Builder shall also require subcontractors to provide an estimate of the percentage
of labor hours performed in completing the subcontracted work which will be performed
by District residents. The Design-Builder shall carefully document its procedures for
making available bid packages to potential bidders, the contents of each bid package,
discussions with bidders at any pre-bid meetings, bidders’ compliance with bid
requirements, all bids received, the Design-Builder’s evaluations of all bids, and the basis
for the Design-Builder’s recommendation as to which bidders should be chosen. The
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Department shall be afforded access to all such records at all reasonable times so that,
among other things, it may independently confirm the Design-Builder’s adherence to all
requirements set forth in the Agreement, including, without limitation, affirmative action
requirements and subcontracting requirements.

Section 4.4.3. Bid Tab. As part of the negotiations leading up to the GMP, the Design-
Builder shall provide to the Department tabulations of the trade bids solicited and copies of
all trade bids. In general, the bid tab shall be presented in tabular format that compares the
bids received and any other relevant information (i.e. exclusions, past performance history,
etc.). The bid tabulation shall include scope assessments and identify required leveling of
the trade submitted. To the extent that the Design-Builder’s award recommendation is based
on scoping adjustments, the Design-Builder shall clearly identify the scoping adjustment
and the need for such adjustments. Such bid tabulation shall include LSDBE utilization
information in addition to price and other information. Such bid tabulations as well as
copies of the bids shall be submitted to the Department’s Program Manager. The Design-
Builder represents and warrants that the bid tabs so submitted shall fairly represent the
results of the Subcontractor bidding process and that the Design-Builder shall not
misrepresent any such data to the Department or its Program Manager.

Section 4.5. Value Engineering.
Based on the trade bids received, the Design-Builder shall prepare a written report of suggested
Value Engineering strategies necessary to reconcile the costs of constructing the Project Budget, if
necessary. The Design-Builder shall meet with the Department’s representatives to discuss any
Value Engineering and changes in scope necessary to ensure that the Department’s schedule and
programmatic requirements are met and that the budget is not exceeded. The Design-Builder shall cause
the Architect to implement and price any approved Value Engineering strategies.

Section 4.6. Basis of Guaranteed Maximum Price.
The Design-Builder shall include with the GMP Proposal a written statement of its basis, which shall
include:

Section 4.6.1 A list of drawings, specifications, addenda, general, supplementary, and
other conditions on which the GMP is based.
Section 4.6.2 A list of unit prices and allowance items and a statement of their basis.
Section 4.6.3 Assumptions and clarifications made in preparing the GMP Proposal,
noting in particular any exclusions. The assumptions and clarifications shall take
precedence over the drawings and specifications. The Design -Builder shall prepare a
separate memorandum th at highlights any differences between the then approved
drawings and the modifications made in the assumptions and clarifications. Such
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memorandum shall specifically address any changes in the Project aesthetics,
functionality or performance.
Section 4.6.4 The proposed GMP, including a statement of the detailed cost estimate
organized by trade categories, allowances, contingency, and other items and the fees
that comprise the GMP.
Section 4.6.5 An update to the Project’s schedule to which the Design-Builder will agree
to be bound. This update shall be prepared in the same level of detail and in the same
manner as the Baseline Schedule, and without any change to the Substantial and Final
Completion Dates unless approved by the Department’s Contracting Officer.
Section 4.6.6 A subcontracting plan setting forth the names and estimated dollar volume
of the work that will be performed by LSBDEs, as certified by the Department of Small
and Local Business Development (DSLBD), upon which the GMP is based.
Section 4.6.7 A summary of Capital Cost vs Operating Cost Eligibility.
Section 4.6.8 A list of additive alternates or deductive alternates with defined executable
dates, if any.
Section 4.6.9 GMP and any Council Package cost estimate summary shall be broken
down into three categories as applicable: New Construction, Renovation and Sitework.
Section 4.6.10 Each MP may include an agreed upon sum as the Design -Builder’s
Contingency and the Owner contingency, each of which shall be identified as a separate
line item in the GMP's Schedule of Values.

A. Construction contingency
i. The Design -Builder’s Contingency shall be utilized to compensate for the
increased Cost of the Work incurred by the Design- Builder due to unforeseen
circumstances relating to construction of that Project which resulted in an unavoidable
increase in cost s, except when deemed the responsibility of the Department in
accordance with this Contract. If the Design-Builder fails to include all of the required
scope of work in the bid packages, Design- Builder Contingency may be used to
purchase the omitted scope , until the Design- Builder’s Contingency balance reaches
zero or until the balance equals the anticipated subcontractor modifications. All
requests to use the Design-Builder’s Contingency shall be submitted as a Request for
Change Order (“RCO”). Charges t o the Design- Builder’s Contingency shall not
become due and payable until the RCO is approved in writing by the Department’s
Contracting Officer and becomes a Change Order. If the Design-Builder’s
Contingency reaches zero, any cost overruns or charges that could have been charged
to the Design -Builder’s Contingency shall be the sole responsibility of the Design -
Builder.
ii. If bids are received below the applicable line items in the GMP, the surplus will
be added to the Design -Builder’s Contingency for that Project. If bids exceed the
agreed-upon line items in a GMP, the deficiency will be charged to the Design-
Builder’s Contingency for that Project, however, such events shall not be cause to
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increase the GMP.
iii. Once all subcontracts anticipated by a GMP have been awarded, including any
self-performed work, the Department may require the Design- Builder to reduce the
Design-Builder’s Contingency to an amount as agreed to by the parties to reflect the
Design-Builder’s risk from that point in the Project forward.
iv. Upon Final Completion of the Project, any remaining Design -Builder’s
Contingency, if any, shall be reduced to zero by a Contract Modification and the
Design-Builder shall have no entitlement to the balance.

B. Owner contingency/Allowance(s)
i. The Department retains the right to increase the GMP in lieu of charging any cost
to the Owner contingency. Any unused Contingency, whether Department
Contingency or the Design-Builder Contingency, shall be reconciled to a zero balance
via a Contract Modification upon Final Completion.
ii. When the Design -Builder proposes to use the Owner contingency, the Design-
Builder shall prepare an RCO, identifying the amount sought to be charged to the
Owner contingency, the reasons why the amount should be charged to that
Contingency and demonstrating to the satisfaction of the Department that the costs to
be incurred are necessary for the Work and are the responsibility of the Department.
At all times, the Design-Builder shall avoid and mitigate Department Contingency
costs whenever possible. Before payment or as part of an audit, the Design -Builder
and the Department shall have authority to verify the actual costs incurred. No costs
may be charged to the Owner contingency until the RCO is approved in writing by the
Department and becomes a Change Order.
iii. The Owner contingency shall be an amount, determined by the Department,
which will be available to compensate the Design -Builder for the increased Cost of
the Work incurred by the Design- Builder due to a Contract Modification or to other
increases in the Cost of the Work which the Department determines, in its sole
discretion, is its responsibility. The Department may increase, decrease or eliminate
the Owner contingency at any time.

Section 4.7. Department Review of GMP Proposal.
The Design-Builder shall meet with the Department to review the GMP Proposal and the written
statement of its basis. In the event that the Department discovers any inconsistencies or inaccuracies
in the information presented, the Department shall promptly notify the Design-Builder, who shall
make appropriate adjustments to the GMP Proposal, its basis or both.

Section 4.8. Department Acceptance of GMP Proposal.
The Department and the Design-Builder shall meet to negotiate the terms of the GMP Proposal.
If the GMP Proposal is acceptable to the Department, the Department shall submit the resulting GMP
amendment to the Council for the District of Columbia. The GMP shall be subject to review and
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approval by the Council for the District of Columbia (the “Council”). The GMP shall be subject to
review and approval by the Council for the District of Columbia in the event it exceeds the previously
approved Contract value by more than $1 million. In such event, the GMP shall not be effective until
so approved. Please note that the Council submission and approval timeline varies, and Offerors should
plan for 60-90 days on average for this process, taking into consideration that Council is not in session
over the summer months.

Section 4.9. GMP Amendment.
In the event an acceptable GMP Proposal is not developed and a GMP Amendment is not executed,
the Agreement will be terminated. In the event the Agreement is terminated pursuant to this Section,
the Department shall be free to use any of the documents and information developed through the date
of termination to retain a new contractor to complete the Project.

Section 4.10. Assignment Upon Failure to Reach GMP.
In the event that the Department and the Design-Builder are unable to agree upon a GMP, the
Department shall have the right to terminate this Agreement, and if requested by the Department, the
Design-Builder shall assign any trade Subcontracts and its agreement with the Architect to the
Department upon such terms and conditions and at the time requested by the Department. In such
event, the Design-Builder shall only be entitled to earn fifty percent (50%) of the Preconstruction Fee.

Section 4.11. Certification.
As part of the GMP Proposal submitted in accordance with this Article, the Design-Builder agrees to
specifically acknowledge and declare that the Contract Documents are sufficiently complete to
have enabled the Design-Builder to determine the Cost of the Work therein in order to enter into the
GMP Amendment and to enable the Design-Builder to agree to construct the Work outlined therein in
accordance with applicable laws, statutes, building codes and regulations to the best of Design-
Builder’s knowledge, and otherwise to fulfill all its obligations hereunder. The Design-Builder shall
further acknowledge that it has visited the site, examined all conditions affecting the Work, is fully
familiar with all of the conditions thereon and affecting the same, and has carefully examined all
drawings and specifications provided to it.

Section 4.12 Early Release/Abatement & Demolition

Section 4.12.1 Abatement & Selective Demolition. Once the Schematic Design has been
approved, the Department may release the Design-Builder to commence hazardous
material abatement and interior demolition, or other early activities, as applicable. It is
envisioned that this work may be released in advance of the GMP.

Section 4.12.2 Long Lead Materials. The Department will release funding for long-lead
items once the Design Development Documents have been approved. If the Design-Builder
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believes an earlier release is required in order to meet the Project Schedule, it shall advise
the Department and make a recommendation as to the requested release date. Any decision
to authorize an early release shall be made by the Department in its sole and absolute
discretion.

Section 4.13 Unsafe Materials and Hazardous Materials

Section 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos,
PCBs, or any other Hazardous Material that is not customarily used in a facility of
the type and similar to the Project, and shall bring to the Department’s attention any
specification of such Hazardous Materials in the design documents. If the Design-Builder
believes that anything in the Agreement would require that it use or bring onto the site
asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the
type and similar to the Project, it shall immediately inform the Department and seek
direction before proceeding.

Section 4.13.2 The Design-Builder shall abate and remove Hazardous Materials on or
within the site as necessary to complete the Work contemplated by this Agreement. The
Design-Builder shall comply with all laws, including, without limitation, the requirements
of the EPA and all jurisdictional agencies as well as all laws relating to safety, health
welfare, and protection of the environment, in removing, treating, encapsulating,
passivating, and/or disposing of Hazardous Materials, including, but not limited to,
removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous
Materials. If any notices to governmental authorities are required, the Design-Builder
shall also give those notices at the appropriate times. The Design-Builder shall ensure
abatement subcontractors and disposal sites are appropriately licensed and qualified.

Section 4.13.3 The Design-Builder shall be entitled to submit a Change Request in
accordance with Article 4 of the Standard Contract Provisions in the event the Design-
Builder encounters Hazardous Materials beyond those contemplated in the Contract
Documents.

Section 4.13.4 The Design-Builder shall keep detailed records documenting Work done so
that the Department may independently verify compliance with all laws, the number of
units actually removed, treated, and/or disposed of, and the appropriate unit price(s)
applicable to the Work.

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Article 5 CONSTRUCTION PHASE

Section 5.1. General.
Based on the approved plans and specifications, the Design-Builder shall construct the Project. During
the Construction Phase, the Design-Builder shall be required to cause the Work to be completed in a
manner consistent with the design documents and phasing plan approved by the Department and shall
provide all labor, materials, insurance, bonds and equipment necessary to fully complete the Project
in accordance with the drawings, specifications, schedule and budget that are issued for the Project.
The Design-Builder shall be responsible for paying for and obtaining all necessary permits and to pay
all necessary fees for utility connections and the like.

The construction phase services shall include, but are not necessarily limited to:

a) Manage all aspects of the construction of the Project.
b) Manage weekly progress meetings. Progress meetings include site visits from design
consultants with field reports reviewed on a monthly basis.
c) Provide completed Quality Control checklists for implementation of the Project.
d) Review and process shop drawing submissions, RFI’s, etc.
e) Prepare meeting notes and records of decisions/changes made.
f) Conduct pre-closeout inspections.
g) Review closeout documents for completeness, such as As- Built Drawings based on the
Design-Builder’s red line drawings and/or coordinated set developed during the subcontractor
coordination process. As-Built Drawings should be transmitted to DGS in hard copy, PDF,
CAD, and BIM formats.

The Work shall be accomplished in accordance with the following:

Section 5.1.1 Drawings & Specifications. All of the Work shall be constructed in
strict compliance and in accordance with the final Construction Documents issued for and
approved by the Department.

Section 5.1.2 Compliance with Other Requirements . In performing the Work, the
Design- Builder and its subcontractors shall comply with all of the applicable provisions of
the Standard Contract Provisions and the requirements set forth in Section 5.12 (Site
Safety), Section 5.13.1 (Workhours; Coordination with DPR and the Community), and
Section 5.17.2 (Quality Control Plan) of this Contract.

Section 5.1.3 Site Office(s). Throughout the Work, the Design- Builder shall provide
and maintain a fully equipped construction office on the Project site. The Design- Builder
shall, at all times, provide a space in their site office for DGS staff assigned to the Project.
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The costs for these Site Office(s) shall be included as part of the Design -Builder’s general
conditions cost. The site office shall include at a minimum, working space for two (2) DGS
staff members, a restroom, internet access, electricity, and climate control.

Section 5.1.4 Supervision. Throughout the Work, the construction office shall be
managed by personnel competent to oversee the Work at all times while construction is
underway. Such personnel shall maintain full-time, on -site construction supervision and
provide daily inspections, quality control, monitoring, coordination of various trades, record
drawings, and daily work log.

Section 5.1.5 Weekly Progress Meetings. Throughout the Work, the Design- Builder
shall conduct weekly progress meetings following the Design- Builder’s generated agenda
with the Department’s PM and key trade subcontractors. The Design-Builder shall draft and
circulate the meeting minutes on a weekly basis.

Section 5.1.6 Move-in Assistance. The Design-Builder shall assist DPR in relocating
FF&E, as applicable. The GMP shall include an allowance and Scope of Work for these
activities.

Section 5.1.7 Delay Liquidated Damages. In addition to the liquidated damages
provided for in Section 2.2.1.8 relating to deliverables, if the Scope of Work is not
substantially complete by the Substantial Completion Date, the Design -Builder shall be
subject to liquidated damages in an amount of Five Hundred Dollars ($500) per day. These
damages shall not apply if the delay is the result of Force Majeure and the Design -Builder
otherwise complies with the provisions set forth in the Standard Contract Provisions.

Section 5.1.8 Salvage Value and Stored Items . The Design- Builder shall be
responsible for salvaging and storing all items as identified by the Department, and to the
benefit of the Department, in accordance with all applicable District laws and regulations,
after notifying the Department and receiving the Department’s permission to proceed.

Section 5.1.9 Protection of Existing Elements . The Design-Builder shall protect all
existing features, public utilities, and other existing structures during construction. The
Design- Builder shall protect existing, site improvements, trees, and shrubs from damage
during construction. Protection exte nds to the root systems of existing vegetation. The
Design- Builder shall not store materials or equipment, or drive machinery, within the drip
line of existing trees and shrubs.

Section 5.1.10 Building Information Modeling . Building Information Modeling
(“BIM”), Attachment V is required to be used throughout the facility lifecycle, including all
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Project phases from Project planning and concept design through construction, as -builts,
and into facilities management. The Design -Builder must work collaboratively with all
Project stakeholders. It is expected by the Department that all the Design -Builder’s team
members are to be committed to the use of BIM in the Project, share their ideas of BIM
expertise with the Design -Builder’s team, provide BIM data as requested by other
stakeholders, look for cost savings and schedule improvements during the entire Project
duration, and endeavor to leave as a legacy a fully updated, as built, facility management
ready building information model.

Section 5.2 Unrenovated Portions of the Structure.

In constructing the Project, the Design-Builder shall ensure that unrenovated portions of existing
structures, if any, including, but not limited to, the mechanical, plumbing, electrical systems and other
building systems are not adversely affected. All unrenovated portions of the structures should
function, at a minimum, at the level of functionality that existed immediately prior to the construction
of the Project. If any unrenovated portion of the Project functions at a lower level of functionality as
a result of the Design-Builder’s Work, the Design-Builder shall be back-charged the costs incurred
by the Department in addressing the decreased functionality.

Section 5.3 Subcontracting and Administration

Section 5.3.1 It is contemplated that all or substantially all of the construction of the
Project will be carried out by trade Subcontractors and that those trade subcontracts
will be awarded through the competitive bid process contemplated in Section
4.4. The Design-Builder shall enter into a written agreement with each
Subcontractor. The trade subcontractors will be under written contract with the
Design-Builder. All subcontracts and agreements for the supply of equipment or
materials awarded for the Project shall be fixed-price contracts unless otherwise
expressly authorized by the Department, in writing. It is understood and agreed,
however, that certain trade packages (such as the mechanical and electrical
packages) may be awarded on a design- assist or design-build basis and that
such trade packages may be awarded on such other basis subject to the
Department’s consent as to the bidding procedures and economic structure with
regard to those packages. The Design-Builder and its affiliates may not carry out
trade work with its own forces without the Department's written permission,
which permission may be withheld or conditioned by the Department in its sole and
absolute judgment.

Section 5.3.2 In addition to the open book reporting requirements set forth in Section 5.10,
the Design-Builder shall provide to the Department a copy of all quotes or
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proposals submitted by potential subcontractors.

Section 5.3.3 The Design-Builder shall develop a purchasing strategy to address the
expedited schedule and conditions of this Project and shall include appropriate
provisions in the subcontracts to minimize the cost impact associated with such
conditions. Such strategies may include, but are not limited to (i) obtaining from
subcontractors unit price quotes for typical coordination items; (ii) setting aside
allowances for coordination work; and (iii) such other techniques as may be
employed by the Design-Builder.

Section 5.3.4 The Design-Builder shall carefully document its procedures for making
available bid packages to potential bidders, the contents of each bid package,
discussions with bidders at any pre-bid meetings, bidders’ compliance with bid
requirements, all bids received, the Design-Builder’s evaluations of all bids, and the
basis for the Design-Builder’s recommendation as to which bidders should be
chosen. The Department shall be afforded access to all such records at all
reasonable times so that, among other things, it may independently confirm the
Design-Builder’s adherence to all requirements set forth in the Agreement
including, without limitation, affirmative action requirements and subcontracting
requirements.

Section 5.3.5 The Department may, in its sole discretion, reject any or all bids and
proposals received for any bid package, and may require the Design-Builder to
obtain new or revised bids or proposals.

Section 5.3.6 The Department may, in its sole discretion, direct the Design-Builder to
accept a bid from a qualified bidder other than the bidder to whom the Design-Builder
recommends award of a subcontract or supply agreement. If the Department
chooses this option, it shall issue a Change Order to the Design-Builder for any
difference between the cost of the subcontract or supply agreement awarded and the
bid price of the Subcontractor or supplier recommended by the Design-Builder, but
without any adjustment to the Design-Build Fee.

Section 5.3.7 The Department must approve all Subcontractors and suppliers. The
Department may elect to review the form of any subcontract or agreement with a
material supplier to ensure that such contract incorporates the contractual provisions
required by this Agreement.

Section 5.3.8 The Design-Builder must contract for provision of all services and
materials for the Project (other than Self-Performed Work which must be authorized
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in advance and in writing by the Department) via written subcontracts or, for
contracts requiring provision of materials or equipment only, and not labor, via
written supply agreements. All subcontracts and supply agreements shall include
the following provisions:

Section 5.3.8.1 That, to the extent of the work or supply within the agreement’s
scope, the Subcontractor or supplier is bound to the Design-Builder for
the performance of all obligations which the Design-Builder owes the
Department under the Agreement.

Section 5.3.8.2 That the Subcontractor or supplier is not in privity with the
Department and shall not seek compensation directly from the Department
on any third-party beneficiary, quantum meruit, or unjust enrichment
claim, or otherwise, except as may be permitted by any applicable
mechanic’s lien law.

Section 5.3.8.3 That the Department is a third-party beneficiary of the subcontract
or supply agreement, entitled to enforce any rights thereunder for its
benefit.

Section 5.3.8.4 That the Subcontractor or supplier consents to assignment of its
agreement to the Department, at the Department's sole option, if the
Design-Builder is terminated for default.

Section 5.3.8.5 That the Subcontractor or supplier shall comply immediately with
a written order from the Department to the Design-Builder to suspend or
stop work.

Section 5.3.8.6 That the Subcontractor or supplier shall maintain records of all
Work it is requested or authorized to do on a time and material or cost-
plus basis, or with respect to claims that it has asserted on a time and
materials or cost-plus basis, during the Project and for a period of time
specified in the General Conditions and requiring the Subcontractor or
supplier to make those records available for review or audit by the
Department during that time.

Section 5.3.8.7 That the Subcontractor shall obtain and maintain, throughout the
Project, workers' compensation insurance in accordance with the laws of
the District of Columbia (This provision is not applicable to supply
agreements).
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Section 5.3.8.8 That, if the Department terminates the Agreement for
convenience, the Design-Builder may similarly terminate the
subcontract or supply agreement for convenience, upon seven (7) days’
written notice to the Subcontractor or supplier, and that the
Subcontractor or supplier shall, in such a case, be entitled only to the
costs set forth in Article 6 of the Standard Contract Provisions.

Section 5.3.8.9 That the Department shall have the right to enter into a
contract with the Subcontractor or supplier for the same price as its
subcontract or supply agreement price less amounts already paid, if the
Design-Builder files a voluntary petition in bankruptcy or has an
involuntary petition in bankruptcy filed against it.

Section 5.3.8.10 That the Subcontractor or supplier shall not be entitled to
payment for defective or non-conforming work, materials or equipment,
and shall be obligated promptly to repair or replace non-conforming
work, materials or equipment at its own cost.

Section 5.3.8.11 A provision requiring that Subcontractors and suppliers
promptly pay Subcontractors and suppliers at lower tiers, imposing upon
the Subcontractors and suppliers a duty to pay interest on late payments,
and barring reimbursement for interest paid to lower tier Subcontractors
or suppliers due to a Subcontractor’s or supplier’s failure to pay them in
timely fashion.

Section 5.3.8.12 A provision requiring that all Subcontractors at all tiers
comply with the provisions of Article 13 (Economic Inclusion
Goals); provided, however, that the Design-Builder may, in its
reasonable discretion impose a different LSDBE subcontracting goal on
some or all of its Subcontractors; provided, further, however, that nothing
in this provision shall be deemed to excuse the Design-Builder from using
its best efforts to achieve the LSDBE subcontracting goal on an
aggregate basis for the Project.

Section 5.3.8.13 A provision which allows the Design-Builder to withhold
payment from the Subcontractor if the Subcontractor does not meet the
requirements of the Subcontract.

Section 5.3.8.14 Lien and claim release and waiver provisions substantially
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identical to those in this Agreement.

Section 5.3.9 Within seven (7) calendar days of receiving any payment from the
Department that includes amounts attributable to Work performed or materials or
equipment supplied by a Subcontractor or supplier, the Design-Builder shall either
pay the Subcontractor or supplier for its proportionate share of the amount paid to
the Design-Builder for the Subcontractor’s or supplier’s Work or materials or
equipment, or notify the Department and the Subcontractor or supplier, in writing,
of the Design-Builder’s intention to withhold all or part of the payment and state
the reason for the withholding. All monies paid to the Design-Builder under the
Agreement shall be used first to pay amounts due to Subcontractors or suppliers
supplying labor or materials for the Project and only money remaining after such
payments are made may be used for other items such as the Design Build Fee.
Monies paid by joint check shall be deemed to have been paid fully to the
Subcontractor or supplier named as a joint payee, unless the Department agrees
otherwise in writing. Any interest paid to Subcontractors or suppliers because the
Design-Builder has failed to pay them in timely fashion shall not be reimbursable
as part of the Cost of the Work.

Section 5.3.10 The Design-Builder shall not enter into any profit sharing, rebate, or
similar arrangement with any Subcontractor or supplier at any tier with respect
to the Project or the Work to be carried out for the Project.

Section 5.3.11 The Design-Builder shall not substitute or replace any Subcontractor or
supplier approved by the Department without the Department's prior written
consent.

Section 5.3.12 The Department has the right to contact Subcontractors or suppliers at all
tiers, or material or equipment suppliers directly to confirm amounts due and owing
to them or amounts paid to them for Work on the Project, and to ascertain from the
Subcontractors or suppliers at all tiers their projections of the cost to complete their
work or to supply their material or equipment, or the existence of any claims or
disputes. In doing so the Department shall not issue any directions to
Subcontractors or Suppliers at any tier.

Section 5.3.13 If it comes to the Department's attention that a Subcontractor or
supplier has not been paid in timely fashion (other than for disputed amounts), and
if the Design-Builder fails to cure the problem within five (5) calendar days after
the Department gives it written notice of the failure to pay, the Department may
make payments to the Subcontractor or supplier and Design-Builder by joint
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check.

Section 5.3.14 The Design-Builder shall be required to provide an evaluation of each of
its subcontractors’ performance by completing and submitting to the Department
the Subcontractor Performance Evaluation Form set forth as Exhibit O, as follows:

(a) Within ninety (90) days of initiating the Construction Phase; and

(b) Within thirty (30) days after Final Completion of the Project.

Section 5.4 Weekly Progress Meetings & Schedule Updates.
The Design-Builder shall schedule and conduct, at a minimum, weekly progress meeting at which
the Department, the Architect, the Project Manager, the Design-Builder and appropriate
Subcontractors can discuss the status of the Work. The Design-Builder shall prepare and promptly
distribute meeting minutes. In addition, the Design-Builder shall submit bi-weekly Schedule updates
which shall reflect actual conditions of Project progress as of the date of the update. The update
shall reflect the actual progress of construction, identify any developing delays, regardless of their
cause, and reflect the Design-Builder’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 Design-Builder shall identify the causes of any potential
delay and state what, in the Design-Builder's judgment, must be done to avoid or reduce that delay.
The Design-Builder shall point out, in its narrative, changes that have occurred since the last update,
including those related to major changes in the scope of work, 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 a native format reasonably acceptable to the
Department (e.g., Primavera). The Department 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(s). The Department’s receipt of, and lack of
objection to, any schedule update showing Substantial Completion or Final Completion later than the
dates agreed upon in the Project Schedule shall not be regarded as the Department’s agreement that the
Design-Builder may have an extension of time, or as a waiver of any of the Department’s rights, but
merely as the Design-Builder’s representation that, as a matter of fact, Substantial Completion or
Final Completion of the Project may not be completed by the agreed upon date in the Project Schedule.
Changes to the scheduled completion dates may be made only in the circumstances and only by the
methods set forth in this Agreement.

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Section 5.5 Written Reports.
The Design-Builder shall provide written reports to the Department on the progress of the entire
Work at least monthly from Preconstruction Notice to Proceed until Final Completion of the Project.
Such written report shall include the following elements:

Section 5.5.1 Construction Progress Update. The Design-Builder shall provide
written reports to the Department, on the progress of the entire Work at least
monthly from Preconstruction NTP until Final Completion of the Project. The
monthly report shall include: (i) an updated schedule analysis, including any plans
to correct defective or deficient work or recover delays; (ii) an updated cost report;
(iii) a monthly review of cash flow; (iv) a quality control report; and (v) progress
photos. Each monthly update shall contain a narrative description of the Project
progress and a critical path method schedule in Primavera format, including any
plans to correct defective or deficient work or for time lost due to delays.

Section 5.5.2 Cost Update. The monthly update shall reflect, by GMP line item, the
original line item amount, approved, pending, and projected Change Order
amounts, the cost incurred to date, the projected cost to complete the Work of the
line item, and any variance between the actually approved budgeted balance of the
line item and the projected cost to complete. A clear distinction must be made
between approved Change Orders and those merely requested or anticipated. The
report shall explain all variances including “buyouts” or final actual costs including
those below their respective GMP line item. In addition, the report must disclose
any instances in which the Design-Builder has transferred amounts from one line
item to another, or from the Contingency to any other line item. Neither
submission of, nor the Department's failure to reject an update reflecting that the
projected cost to complete the Project exceeding the GMP will operate to increase
the GMP or waive the Department's right to enforce the GMP. If the report reflects
budget overruns, it must also include a recovery plan.

Section 5.5.3 Economic Inclusion Report. The monthly report shall include a detailed
summary of the Design-Builder’s efforts and results with respect to the economic
inclusion goals set forth in this Agreement. Such report shall be in a format
acceptable to the Department and shall include, at a minimum: (i) the Design-
Builder’s overall performance with respect to the goals; (ii) a listing of subcontracts
and agreements with material suppliers during the month and the percentage of
those subcontracts and agreements with material suppliers awarded to LSDBEs;
(iii) a listing of subcontracts during the month and the estimated percentage of
the labor hours to be worked by District of Columbia residents pursuant to those
subcontracts; and (iv) a description of the major subcontracting and supply
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opportunities that will be solicited during the next three (3) months and the actions
being taken to meet the subcontracting goals.

Section 5.5.4 Cash Flow Update. If there have been any changes to the anticipated cash
flow for the Project, such changes shall be disclosed and explained in the monthly
report. If there are no such changes, the report shall so state.

Section 5.5.5 Quality Assurance Report. The monthly report shall include a detailed
summary of the steps that are being employed to ensure quality construction
and workmanship. Each report shall specifically address issues that were raised by
the Department and/or its Program Manager during the prior month and outline the
steps that are being taken to address such issues.

Section 5.5.6 Progress Photos. The monthly report shall include updated progress photos
that shall detail changes in the Work during the month.

The Design-Builder shall also maintain a daily log containing a record of weather, Subcontractors
working on the site, number of workers, major equipment on the site, Work accomplished,
problems encountered and other similar relevant data as the Department may reasonably require.
The log shall be available to the Department, the Architect, and the Program Manager, and on a
monthly basis a copy of the log shall be submitted to the Department.

Section 5.6 Cost Control System.
The Design-Builder shall use a system of cost control for the Work in a format consistent with the GMP
Drawings & Specifications and approved by the Department, which shall include, without limitation,
regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and
proposed changes. The Design-Builder shall identify variances between actual and estimated costs
and report the variances to the Department, the Architect and the Program Manager at regular
intervals.

Section 5.7 Key Personnel.
To carry out its duties, the Design-Builder shall provide at least the key personnel identified in Exhibit
F to this Agreement (“Key Personnel”), who shall carry out the functions identified in Exhibit F. The
Key Personnel shall include:

A. Key Personnel of the Design -Builder: The following individuals shall be considered key
personnel (“Key Personnel”) of Design Builder:

i. Project Manager
ii. Superintendent
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iii. Project Executive

B. Key Personnel of the Design-Builder’s Architect/Engineer
The following individuals shall be considered the Key Personnel of the Design- Builder’s
Architect/Engineer:

i. Project Manager
ii. Project Architect
iii. Principal in Charge
iv. Lead Mechanical Engineer
v. Lead Envelope Consultant
vi. Net Zero/LEED Consultant
vii. Pool Consultant

Section 5.7.1 the Department’s prior written approval, which shall not be unreasonably
withheld. If any of the Key Personnel become unavailable to perform services in
connection with the Agreement due to death, disability or separation from the
employment of the Design- Builder or any affiliate of the Design -Builder, then the
Design-Builder shall promptly appoint a replacement acceptable to the Department.
The Department shall be entitled to complete information on each such replacement,
including a current resume of his or her qualifications and experience.

Section 5.7.2 Certain members of the Design-Builder’s Key Personnel shall be subject
to a removal or replacement fee for their removal or reassignment by the Design-
Builder. Those members of the Design-Builder’s Key Personnel subject to such fee
shall be identified in Exhibit F as subject to the fee provisions herein. In the event
there is no delineation in Exhibit F of those members of the Design-Builder’s Key
Personnel subject to the fee provisions of this Agreement, then all of the Key
Personnel shall be subject to the fee provisions of this Agreement.

Section 5.7.3 In addition, the Department shall have the right, to be exercised in its sole
discretion, to remove, replace or to reduce the scope of services of the Design-
Builder in the event that a member of the Key Personnel has been removed or
replaced by the Design-Builder without the prior written consent of the
Department. In the event the Department exercises the right to remove, replace or
to reduce the scope of services of the Design-Builder, the Department shall have the
right to enforce the terms of this Agreement and to keep-in-place those members
of the Design-Builder’s team not removed or replaced and the remaining members
shall complete the services required under this Agreement in conjunction with the
new members of the Design-Builder’s team approved by the Department.
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Section 5.7.4 Removal or Replacement of Key Personnel: All members of the Design -
Builder’s Key Personnel shall be subject to replacement fees for their removal or
reassignment by the Design -Builder. In each instance where the Design -Builder
removes or reassigns one of the key personnel as being subject to replacement fees
(but excluding instances where such personnel becomes unavailable due to death,
termination of employment or disability) without the prior written consent of the
Department’s Contracting Officer, the Design-Builder shall owe to the Department the
sum of Twenty- Five Thousand dollars ($25,000) for each replacement, as a
replacement fee and not as a penalty, to reimburse the Department for its
administrative costs arising from the Design-Builder’s failure to provide the Key
Personnel. The foregoing replacement fee amount shall not bar recovery of any other
damages, costs, or expenses other than the Department’s internal administrative costs.
In addition, the Department shall have the right, to be exercised in its sole discretion,
to remove, to replace or to reduce the scope of services of the Design-Builder in the
event that a member of the Key Personnel has been removed or replaced by the
Design-Builder without the consent of the Department. In the event the Department
exercises the right to remove, to replace or to reduce the scope of services of the
Design-Builder, the Department shall have the right to enforce the terms of the
Agreement and to keep in place those members of the Design -Builder’s team not
removed or replaced and the remaining members shall complete the services required
under the Agreement in conjunction with the new members of the Design- Builder’s
team approved by the Department.

Section 5.7.5 Subject to the terms of this 5.7, in each instance where the Design-Builder
removes or reassigns one of the key personnel listed in Exhibit F as being subject to
the key personnel replacement fee, other than (a) for reasons where such personnel
become unavailable due to death, disability or separation from the employment of
the Design-Builder or any affiliate of the Design-Builder or any affiliate of the
Design-Builder, or (b) with the prior written consent of the Department, then the
Design-Builder shall pay to the Department the amount set forth in the Project
Information Section of this Agreement as a replacement fee and not a penalty, to
reimburse the Department for its administrative costs arising from the Design-
Builder’s failure to provide the Key Personnel. The foregoing replacement fee
amount shall not bar recovery of any other damages, costs or expenses other than
the Department’s internal administrative costs.

Section 5.8 Qualified Personnel/Cooperation.
The Design-Builder shall employ on the Project only those employees and Subcontractors who will
work together in harmony and who will cooperate with one another on the Project. The Design-
Builder shall enforce strict discipline, good order and harmony among its employees and its
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Subcontractors and shall remove from the site any person who is unfit for the work or fails to conduct
herself or himself in a proper and cooperative manner. If the Department requests removal of any
person as unfit or as having behaved inappropriately, the Design-Builder shall promptly comply.

Section 5.9 Warranty.
The Design-Builder warrants to the Department that materials and equipment furnished under the
Contract Documents will be of good quality and new unless otherwise required or permitted by
the Contract Documents, that for the one (1) year period following the Substantial Completion Date
the Work will be free from defects not inherent in the quality required or permitted, and that
the Work will conform to the requirements of the Contract Documents. The Design-Builder’s
warranty excludes remedies for damage or defect caused by abuse, modifications not executed by the
Design-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear
from normal usage. The Design-Builder shall use commercially reasonable efforts to schedule a joint
inspection of the Project during the eleventh month after Substantial Completion is achieved. During
such inspection, the Design-Builder and a representative of the Department shall walk the Project to
identify any necessary warranty work.

Section 5.10 Open Book Reporting.
The Design-Builder shall maintain an open book reporting system with the Department, allowing the
Department or its consultants access to the Design-Builder’s Subcontractors and material suppliers,
invoices, purchase orders, Change Order estimates, records for Self-Performed Work, and other
relevant documentation and sources of information concerning the Work or costs. The Department
shall not use its access to the Subcontractors to give instructions or directions to them. All instructions
or directions shall be given only to the Design-Builder.

Section 5.11 Claims for Additional Time

Section 5.11.1 Time is of the essence of this Agreement. The GMP Basis Documents must
be submitted no later than the date set forth in the Project Information section of
this Agreement and the Project must be Substantially Complete no later than
the Substantial Completion Date set forth within the Project Information Section
above.

Section 5.11.2 The Design-Builder will perform the Work so that it shall achieve
Substantial Completion by the Substantial Completion Date. Unless the failure to
achieve Substantial Completion by the Substantial Completion Date is a result of
an Excusable Delay, as defined in Section 5.11.3, the delay shall be deemed
Non-Excusable and the Design-Builder shall not be entitled to an extension of
time. Without limiting the generality of the foregoing, delays for the following
reasons shall be regarded as Non-Excusable and shall not entitle the Design-
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Builder to an extension of time:

Section 5.11.2.1 Delays due to job site labor disputes, work stoppages, or suspensions of
work;

Section 5.11.2.2 Delays due to adverse weather, unless the Design-Builder establishes
that the adverse weather was of a nature and duration in excess of averages
established by data from the U.S. Department of Commerce, National Oceanic
and Atmospheric Administration for the Project locale for the ten (10) years
preceding the effective date of the Agreement. For purposes of this clause, weather
shall only be deemed “adverse” if the weather in question was more severe than
that encountered at the Project site over the last ten (10) years for the month in
question. Such determinations shall be made based on the number of rain/snow
days or the cumulative precipitation total for the month in question.
Notwithstanding the foregoing, named storms shall conclusively be deemed
“adverse”;

Section 5.11.2.3 Delays due to the failure of the Design-Builder or Subcontractors or
material suppliers at any tier to perform in timely or proper fashion, without
regard to concepts of negligence or fault; or

Section 5.11.2.4 Delays due to Site Conditions whether known or unknown as of the
effective date of the Agreement, foreseeable or unforeseeable at that time,
naturally occurring or man-made; provided, however, that delays due to differing
Site Conditions as permitted by Article 4, Section A of the Standard Contract
Provisions or Hazardous Materials Remediation shall be deemed an Excusable
Delay.

Section 5.11.3 The Design-Builder shall be entitled to an adjustment in the Substantial
Completion Date due to an Excusable Delay. The term “Excusable Delay” shall
mean:

Section 5.11.3.1 Delays due to adverse weather other than those that are
classified as a Non-Excusable delay in accordance with Section
5.11.2.2 of this Agreement;

Section 5.11.3.2 Delays due to acts of God, war, unavoidable casualties,
civil unrest, and other similar causes of delay that are beyond the
control of the Design- Builder; provided, however, that in no event
shall a Non-Excusable Delay or the action or inaction of the Design-
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Builder, or any of its employees, agents, Subcontractors or material
suppliers be deemed an Excusable Delay; or

Section 5.11.3.3 Delays caused by differing Site Conditions as permitted
by Article 4, Section A of the Standard Contract Provisions or
Hazardous Materials Remediation as contemplated in Section
5.11.2.4 of this Agreement;

Section 5.11.3.4 Delays due to suspensions of work;

Section 5.11.3.5 Delays caused by the Client Agency or separate
contractors of the Client Agency to the extent such delays are not
concurrent with delays caused by the Design-Builder or any of its
employees, agents, subcontractors or material suppliers; or

In addition to the forgoing, a delay shall be deemed to be an Excusable Delay only to the
extent that such delay (i) warrants an extension in the Substantial or Final Completion
Date; (ii) has not been caused by the Design-Builder or any of its employees, agents,
Subcontractors or material suppliers; (iii) is on Project’s critical path; and (iv) is in addition
to any time contingency periods set forth in the critical path.

Section 5.11.4 If the Design-Builder wishes to make a claim for an adjustment in time
allotted per the Project Schedule, written notice as provided herein shall be given.
The Design-Builder’s claim shall include an estimate of the cost and of the
probable effect of delay on the progress of the Work. In the case of continuing
delay, only one claim is necessary.

Section 5.11.5 In no event shall the Design-Builder be entitled to an increase in the GMP
or the Design-Build Fee as a result of either an Excusable or Non-Excusable Delay;
provided, however, that to the extent that a delay is: (i) an Excusable Delay; (ii) of
unreasonable duration; (iii) caused solely by the Department; and (iv) not
concurrent with any other delay, then the Design-Builder shall be entitled to receive
its actual costs, including all direct and indirect costs, bonds and insurances
resulting from such extended duration. It is understood that the Design-Builder shall
not be entitled to any profit or home office overhead, including, but not limited to,
an increase in the Design-Build Fee, on any amounts to which the Design-Builder
may be entitled pursuant to the preceding sentence.

Section 5.12 Site Safety and Clean-Up.

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Section 5.12.1 The Design-Builder will be required to provide a safe and efficient site,
with controlled access. As part of this obligation, the Design-Builder shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Project, and shall comply with the requirements
set forth in Article 16, Section F of the Standard Contract Provisions.

Section 5.12.2 Safety Plan. Prior to the start of construction activities, the Design-Builder
shall prepare a safety plan for the construction phase conforming to OSHA 29
CFR 1926 (such plan, the “Safety Plan”). Pursuant to OSHA 29 CFR 1926, the
Design-Builder shall provide all employees with the necessary Personal Protective
Equipment (“PPE”) to comply with all COVID-19 regulations, and shall additionally
require anyone on site to comply with any PPE requirements . This Safety Plan
developed by the Design-Builder shall describe the proposed separation and the
specific nature of the safety measures to be taken including fences and barriers that
will be used as well as the site security details. The Safety Plan will be submitted
to the Department and Client Agency for their review and approval prior to the
commencement of construction. Once the Safety Plan has been approved, the
Design-Builder shall comply with it at all times during construction. The Design-
Builder shall be required to revise the Safety Plan as may be requested by the
Department or Client Agency at any time, including, but not limited to, as necessary
to address any new national or local COVID -19 regulations, recommendations, or
restrictions. The cost of revising and complying with the plan shall not entitle the
Design-Builder to an increase in the GMP. In the event the Design- Builder fails to
provide the Safety Plan, the Design-Builder will not be permitted to commence
the Construction Phase until the Safety Plan is submitted and in no event shall
any resulting delay constitute an Excusable Delay. Additionally, the Design-
Builder shall comply with the requirements of Article 27, Section A of the
Standard Contract Provisions.

Section 5.12.3 Safety Barriers/Fences. As part of its responsibility for Project safety,
the Design-Builder shall install such fences and barriers as may be necessary to
separate the construction areas of the site from those areas that are then being
used by Client Agency for recreational purposes. The Design-Builder shall
describe in the Safety Plan the proposed separation and the specific nature of the
fences and barriers that will be used.

Section 5.12.4 Site Security. The Design-Builder shall be responsible for site security and
shall be required to provide such watchmen as are necessary to protect the site from
unwanted intrusion.

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Section 5.12.5 Exculpation. The right of the Department and Client Agency to comment
on the Safety Plan and the nature and location of the required fences and barriers shall
in no way absolve the Design-Builder from the obligation to maintain a safe site.

Section 5.12.6 Protection of Existing Elements . The Design -Builder shall protect all
existing features, public utilities, and other existing structures during construction.
The Design-Builder shall protect existing, site improvements, trees, and shrubs from
damage during construction. Protection extends to the root systems of existing
vegetation. The Design -Builder shall not store materials or equipment, or drive
machinery, within the drip line of existing trees and shrubs.

Section 5.12.7 Site Cleanliness. During the Agreement performance and/or as directed by
the Department’s Program Manager, as the installation is completed, the Design-
Builder shall ensure that the site is clear of all extraneous materials, rubbish, or
debris.

Section 5.13 Workhours, Site Office, and Coordination with Client Agency and Community

Section 5.13.1 Workhours. The Design-Builder shall comply with the Noise Ordinance
and neither it nor its subcontractors shall undertake work on the Project site other
than at the times and sound level permitted by the Noise Ordinance.

Section 5.13.2 Site Office. Throughout the Project, the Design-Builder shall provide and
maintain a fully-equipped construction office for the Project site.

Section 5.13.3 Parking. The Design-Builder shall organize its work in such a manner
so as to minimize the impact of its operations on the surrounding community. To
the extent that the number of workers on the site is likely to have an adverse impact
on neighborhood parking, the Design-Builder shall develop a parking plan for those
individuals working on the site that is reasonably acceptable to the Department.

Section 5.13.4 Wheel Washing Stations. The Design-Builder shall provide wheel
washing stations on site so as to prevent the accumulation of dirt and other refuse
on the streets surrounding the Project site.

Section 5.13.5 Outreach Plan. The Design-Builder shall keep the Department informed
of the construction activities and their potential impact on the community and
shall develop a community outreach plan (the “Outreach Plan”). The Design-
Builder shall submit the Outreach Plan to the Department prior to its implementation
which shall be subject to the Department’s review and approval.
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Section 5.13.6 Supervision. Throughout the Work, the construction office shall be
managed by personnel competent to oversee the Work at all times while
construction is underway. Such personnel shall maintain fulltime, on-site
construction supervision and provide daily inspections, quality control,
monitoring, coordination of various trades, record drawings, and daily work log.

Section 5.13.7 Move-in Assistance. The Design-Builder shall assist DPR in relocating
FF&E and other items, as applicable. The GMP shall include an allowance and
Scope of Work for these activities.

Section 5.14 Close-out & FF&E.

Section 5.14.1 A detailed list of FF&E requirements will be developed during the design
& preconstruction phase and attached hereto as Exhibit N.

Section 5.14.2 Punchlist. Promptly after the Project reaches Substantial Completion, the
Design-Builder shall cause the Architect to develop a punchlist. Once the punchlist
is prepared, the Design-Builder shall inspect the work along with representatives
from the Department. The punchlist shall be revised to reflect additional work
items that are discovered during such inspection. The Design-Builder shall correct
all punchlist items no later than thirty (30) days after Substantial Completion is
achieved.

Section 5.14.3 Warranties & Manuals. Subsequent to Substantial Completion and no
later than fifteen (15) days following Substantial Completion, the Design-Builder
shall prepare and submit the following documentation: (i) a complete set of
product manuals (O&M), training videos, warranties, etc.; (ii) attic stock; (iii) an
equipment schedule; (iv) a proposed schedule of maintenance for the renovated
building; (v) environmental, health and safety documents for the renovated
building; and (vi) all applicable inspection certificates/permits (boiler, elevator,
emergency evacuation plans, health inspection, etc.) for the new building. No later
than thirty (30) days following Substantial Completion, the Design-Builder shall
prepare and submit: (i.) a complete set of its Project files; and (ii.) a set of record
drawings.

The Design-Builder shall prepare an “as-built” plan of the site including all the
modifications performed during construction, within 30 days of completion. The
Design-Builder shall also submit warranty information on all design requirements
within 30 days of completion.
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Section 5.14.4 Support for Initial Heating & Cooling Season. The Design-Builder and
its mechanical Subcontractor shall provide support to the Client Agency and the
Department during system start-up and in initial operation for the first heating
and cooling season after Substantial Completion is achieved.

Section 5.14.5 Training. The Design-Builder shall provide training to Client Agency
staff on all of the building systems. The Design-Builder shall be required to
schedule such training sessions and shall use commercially reasonable efforts
to ensure all such training occurs prior to Final Completion Date.

Section 5.14.6 The Design-Builder shall assist Client Agency in relocating FF&E and other
items as necessary within the renovated building, as well as for cleaning and other
move-in services as directed by the Department. The GMP shall include an
allowance and scope of work for these activities. This allowance is in addition to
cleaning services that would otherwise be required by the Design-Builder, including,
but not limited to, the obligation to deliver a broom clean building at the end of
construction.

Section 5.15 Salvaged and Stored Items.

The Design-Builder shall be responsible for salvaging and storing all items as identified by the
Department, and to the benefit of the Department, in accordance with all applicable District laws and
regulations, after notifying the Department and receiving the Department’s permission to proceed.

Section 5.16 Sediment and Erosion Control.
The Design-Builder shall be responsible for installing sediment and erosion control measures,
inclusive of, but not limited to: silt fencing, inlet protection, stabilized construction entrances, and
other control measures.

Section 5.17 Quality Control.

Section 5.17.1 General Obligation. The Design-Builder shall be responsible for all
activities necessary to manage, control, and document work to ensure compliance
with Contract Documents. The Design-Builder’s responsibility includes ensuring
adequate quality control services are provided by the Design-Builder’s employees
its subcontractors, vendors & suppliers at all levels from concept to completion
including site assessment -investigations/discovery, schematic design, design
development, pre -construction, construction and closeout phases.. All Contract
related work activities and their implementation procedures described within this
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quality control plan shall also address safety, measures to ensure regulatory permit
& code compliance, submittal management, change document
processing/incorporation, reporting, and all other functions necessary to achieve
highest levels of quality during design and construction efforts. The Design-
Builder’s quality control plan (the, “Quality Control Plan”) submittal must include
statements affirming compliance with DGS QC Program requirements.

Section 5.17.2 Quality Control Plan. Within thirty (30) days after NTP, the Design-
Builder shall develop a quality control plan for the Project (the “Quality Control
Plan”). A draft of the Quality Control Plan shall be submitted to the Department
and shall be subject to the Department’s review and approval. The Quality
Control Plan shall be tailored to the specific products/type of construction
activities contemplated by the GMP Basis Documents, and in general, shall
include a table of contents, quality control team organization,
duties/responsibilities of quality control personnel, submittal procedures,
inspection procedures, deficiency correction procedures, documentation process,
and a list of any other specific actions or procedures that will be required for key
elements of the Work.

Section 5.17.3 Implementation. During the Construction Phase, the Design-Builder shall
perform regular quality control inspections and create reports based on such
inspections pursuant to the Quality Control Plan. The quality control reports shall
be provided to the Department electronically on a monthly basis. The Design-
Builder shall incorporate a quality control section in the progress meetings to
discuss outstanding deficiencies, testing/inspections, and upcoming Work. The
monthly report shall include a detailed summary of the steps that are being
employed to provide quality construction and workmanship. The monthly report
should specifically address issues raised during the month and outline the steps
that are being used to address such issues. The following are the components that
must at a minimum be included within the monthly Quality Control report submitted
to DGS. All components must be updated regularly, and current versions included
with monthly submissions to the Department.

1. A written narrative of Quality Control activities for the month supported by
embedded, cross referenced photos. Should include 3 Phase checklists
compiled on a regular basis as part of the Design -Builder’s ongoing quality
control efforts.
2. CPM updates and analysis reflecting status of critical submittals affecting work
progress, elaborated further within the descriptive work narrative
accompanying CPM baseline schedule and subsequent, regular updates’
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submissions to the Department.
3. Deficiency tracking log.
4. Test & Inspections log recording all related activities for the month and
cumulative for the project. This must correspond and cross reference the
Project’s testing & inspections schedule described above within Section 5.17.2.
5. Submittal Schedule detailing status of all Project submittals.

Section 5.18 Acceleration.
Subject to the terms of this Section, the Department shall have the right to direct the Design-Builder
to accelerate the Work if, in the reasonable judgment of Department: (i) the Design-Builder fails to
supply a sufficiency of workers or to deliver the materials or equipment with such promptness as to
prevent the delay in the progress of the Work; or (ii) the progress of the Work otherwise materially
falls behind the projections contained in the then currently approved Project Schedule. In the event
that the Department or its Program Manager determine that either of the events specified in the
preceding sentence have occurred, the Department shall provide the Design-Builder with written notice
of such event and the Design-Builder shall be required to provide the Department with a schedule
recovery plan (“Recovery Plan”) that is reasonably designed to address the concerns raised in such
notice within three (3) days after receipt of such notice. If the Department and the Design-Builder are
unable to agree on the terms of the Recovery Plan within five (5) days after the issuance of the notice
(i.e. within forty eight (48) hours after the receipt of the proposed Recovery Plan), the Department
shall have the right to direct such acceleration as the Department, in its reasonable judgment, deems
necessary. Provided Department complies with the notice provisions of this Section, the cost of any
acceleration directed under this Section shall not justify an adjustment to the GMP on the Substantial
Completion Date.

Given the nature of the Project and the fact that there is a fixed date upon which the Client Agency
plans to occupy the building, the Design-Builder hereby: (i) acknowledges that this provision is
a material inducement upon which the Department has relied in entering into this Agreement; and
(ii) represents and warrants that it has included sufficient funding in the GMP in order to comply with
the requirements of this Section.

Section 5.19 Corrective Action Plan.
Subject to the terms of this Section, the Department shall have the right direct the Design-Builder to
revise the provisions of the Quality Control Plan if, in the reasonable judgment of the Department,
the craftsmanship of the Work being installed fails to comply with generally applicable industry
standards, requirements set forth in the Specifications that are reasonably related to the quality of
craftsmanship quality, or any provisions set forth in this Agreement (each a “Quality Control Event”).
In the event that the Department or its Program Manager determine that a Quality Control Event has
occurred, the Department shall provide the Design-Builder with written notice of the occurrence of
such Quality Control Event and the Design-Builder shall be required to provide the Department
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with a corrective action plan that is reasonably designed to address the concerns raised in such notice
within three (3) days after receipt of such notice (each instance, a “Corrective Action Plan”). If the
Department and the Design-Builder are unable to agree on the terms of the Corrective Action Plan
within five (5) days after the issuance of the notice (i.e. within forty eight (48) hours after the receipt
of the proposed corrective action plan), the Department shall have the right to direct such corrective
action measures as the Department, in its reasonable judgment, deems necessary. Such directive may
include adjustments to the procedural provisions set forth in the Quality Control Plan and/or may
impose additional requirements on the manner in which Work is being performed. Provided the
Department complies with the notice provisions of this Section, the cost of any such corrective action
directed under this Section shall not justify an adjustment to the GMP on the Substantial Completion
Date.

Section 5.20 Use of ProjectTeam.

a. Use of Department’s Electronic Project Management Information System
(ProjectTeam). The Design- Builder shall utilize the Department’s current project
management software, ProjectTeam, to submit any and all Project documentation required to
be provided by the Design-Builder 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) GMP and any Submissions
that require approval by DC Council; (viii) punchlist; and (ix) other Project documents as
may be designated by the Department.

i. Electronic storage and transmission of information via ProjectTeam system shall be
compliant with the provisions of the document security.

b. Invoice Submittal. The Design -Builder shall create and submit payment requests in an
electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The Design-
Builder shall submit proper invoices on a monthly basis. To constitute a proper invoice, the
Design-Builder shall enter all required information into the Portal after selecting the
applicable purchase order number which is listed on the Design-Builder’s profile.

Section 5.22 Conformance with Laws.
It shall be the responsibility of the Design-Builder to perform under the Agreement in conformance
with the Department’s Procurement Regulations and all statutes, laws, codes, ordinances, regulations,
rules, requirements, orders, and policies of governmental bodies, including, without limitation, the
U.S. Government and the District of Columbia government; and it is the sole responsibility of the
Design-Builder to determine the Procurement Regulations, statutes, laws, codes, ordinances,
regulations, rules, requirements and orders that apply and their effect on the Design-Builder’s
obligations thereunder.. Given the requirements for the Project, the Department may, at its sole
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discretion, (i) apply for variance to the requirement of adhering to the Green Building Act on the
Project and (ii) consider deferring the scope of work associated with storm water management to a
later phase of the Project.

Section 5.23 Licensing, Accreditation and Registration
The Design-Builder and all of its subcontractors and subconsultants (regardless of tier) shall comply
with all applicable District of Columbia, state, and federal licensing, accreditation, and registration
requirements and standards necessary for the performance of the Agreement. Without limiting the
generality of the foregoing, all drawings shall be signed and sealed by a professional Architect or
engineer licensed in the District of Columbia.

Section 5.24 Construction Phase Deliverables.
The deliverables set forth on Exhibit C are required during the Construction Phase.

Section 5.25 Close-Out Deliverables.
The deliverables set forth in Exhibit N are required during the Project’s Close-Out and prior to Final
Payment, as set forth in Section 10.12.

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Article 6 DESIGNATED REPRESENTATIVES

Section 6.1 Department’s Designated Representative.
The Department designates the individual(s) identified in Exhibit I as its representative with express
authority to bind the Department with respect to all matters requiring the Department’s approval or
authorization. Subject to the limitations on their authority specified in Exhibit I, these
representative(s) shall have the exclusive authority to make decisions on behalf of the Department
concerning estimates and schedules, construction budgets, changes in the Work, and execution of
Change Orders, Contract Modifications or Change Directives, and shall render such decisions
promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or
performance of the Work of the Design-Builder. In order for the Department to effectively manage
the Project and assure that the Design-Builder does not receive conflicting instructions regarding
the Work, the Design-Builder shall promptly notify the Department’s representative upon
receiving any instructions or other communication in connection with the Design-Builder’s Work
from any employee of the Department or other purported agent of the Department other than the
Department’s designated representative.

Section 6.2 Design-Builder’s Designated Representative.
The Design-Builder designates the individual(s) identified in Exhibit H as its representative with
express authority to bind the Design-Builder with respect to all matters requiring the Design-
Builder’s approval or authorization. In addition, the Department retains the right to approve
candidates to serve as on-site personnel in accordance with each candidate’s experience with
similar projects and local marketplace conditions. Once approved, individuals cannot be changed
without the Department’s prior approval. During the entire term, it is agreed that the Design-
Builder’s designated representative will devote his or her time exclusively to the Project, unless
the Department consents to a reduction in time. All services provided by the Design-Builder
shall be performed in accordance with the highest professional standards recognized and adhered
to by design-builders that design and construct similar municipal facilities and projects that are
similar to the Project in large urban areas.

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Article 7 COMPENSATION AND PAYMENTS FOR DESIGN & PRECONSTRUCTION
PHASE SERVICES

Section 7.1 Compensation

Section 7.1.1 The Department shall compensate and make payments to the
Design-Builder for Design & Preconstruction Services in accordance with this
Article 7. For Preconstruction Services, the Design-Builder’s compensation shall
be as set forth in the Project Information Section of this Agreement (the
“Preconstruction Fee”). The Preconstruction Fee shall be the Design-Builder’s
sole compensation for Preconstruction Phase Services. The Preconstruction Fee
shall include, but not be limited to, amounts necessary to compensate the
Design-Builder for:
• Profit
• Home Office Overhead
• Cost of preconstruction staff
• Fringe Benefits associated with staff costs
• Payroll taxes associated with staff costs
• Staff costs associated with obtaining permits and approvals during the design &
preconstruction phase
• Out-of-house consultants
• Travel, Living and Relocation expenses
• Job vehicles
• Office equipment including but not limited to:
Computer hardware and software; Fax machines; Copying machines
• Office supplies
• Telephone
• Local delivery and overnight delivery costs

Section 7.1.2 The Department shall compensate and make payments to the
Design-Builder for design services in accordance with this Article 7 and Article
10. For design services, the Design- Builder’s compensation shall not exceed the
amount set forth in the Project Information Section of this Agreement (the
“Design Fee”).

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Section 7.2 Payment
Section 7.2.1 Payments for Design & Preconstruction Phase Services shall be
made monthly over the anticipated duration of the Design & Preconstruction Phase
following presentation and acceptance of the Design-Builder’s invoice and shall be
in proportion to services performed. In no event, however, will the aggregate of the
Design-Builder’s monthly invoices for Design & Preconstruction Phase Services
exceed the Preconstruction Fee.

Section 7.2.2 Payments are due and payable in accordance with of this
Agreement. Amounts unpaid after the date of which payments due shall bear
interest in accordance with the Quick Payment Act.
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Article 8 COMPENSATION FOR CONSTRUCTION PHASE SERVICES

Section 8.1 Compensation.
The Department shall compensate and make payments to the Design- Builder for Construction
Phase Services in accordance with this Article 8 and Article 10. For the Construction Phase
Services, the Design-Builder’s total compensation shall be as set forth in the Project Information
Section of this Agreement (the “Design -Build Fee”). The Design-Builder acknowledges and
agrees that the percentage of the total amount of the Design -Build Fee set forth in the Project
Information Section of this Agreement is at risk (the “At-Risk Portion”), and the Design-Builder
shall only be entitled to the At -Risk Portion as set forth below. Unless and until the Design -
Builder’s entitlement to any subset of the At-Risk Portion is determined by the Department, the
Design-Builder shall only be entitled to bill for the portion of the Design-Build Fee that is not at
risk (the “Base Design-Build Fee”). The Design -Build Fee shall be billed in accordance with
Article 10 , to be paid in equal monthly installments over the anticipated durat ion of the
Construction Phase. To the extent that the duration of the Agreement is extended, the then
remaining amounts of the Design- Build Fee will be re -allocated such that the then existing
portion of the Design-Build Fee shall be evenly spread over the then remaining duration of the
Construction Phase.

Section 8.1.1 Award Fee Pool. The At -Risk Portion shall be used to establish
and fund an award fee pool (“the Award Fee Pool”). Within sixty (60) days after
approval and fully execution of this Agreement, the Department shall appoint a
committee that will determine entitlement to those portions of the Award Fee Pool so
designated below (such committee, the “Award Fee Evaluation Committee”). The
Award Fee Evaluation Committee will consist of: (i) DGS Capital Construction
Division (“CCD”) Deputy Director or their designee; (ii) DPR Chief of Facilities or
their designee; (iii) DGS CCD representative; and (iv) DPR Facilities representative.

Section 8.1.2 The Design-Builder may earn the At -Risk Portion of the Design -
Build Fee in accordance with Exhibit P.

Section 8.2 Lump Sum General Conditions Cost.
The Design-Builder shall not be entitled to recover more than the amount set forth in the Project
Information Section of this Agreement for the Cost of General Conditions (such amount, the
“Lump Sum General Conditions Cost”). If, as a result of any Change Order(s) or Change
Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial Completion
Date; and (ii) the Design-Builder can demonstrate to the satisfaction of the Department that such
additional Costs of General Conditions ar e reasonable and not due to any fault of the Design-
Builder, its Subcontractors, material men, consultants or anyone making claims thereunder, the
Design-Builder may request a Change Order to adjust the Lump Sum General Conditions Cost.
To the extent the Design-Builder incurs Costs of General Conditions in excess of the Lump Sum
General Conditions Cost, the Design- Builder shall not be entitled to reimbursement for such
amounts unless the Department authorizes, in writing, an increase to the Lump Sum Genera l
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Conditions Cost. Nonetheless, in such an event, if the Design- Builder exceeds the Lump Sum
General Conditions Cost, the Design-Builder shall continue to be required to adequately staff the
Project and provide all Construction Services.

Section 8.3 Initial Not-to-Exceed Amount.
Unless and until the GMP Amendment is executed and approved by the Council for the District
of Columbia, this Agreement shall have an initial not-to-exceed amount as set forth in the Project
Information Section of this Agreement (the “Initial NTE”). In no event shall the Design-Builder
be entitled to recover more than the Initial NTE unless the Design-Builder is authorized to exceed
the Initial NTE by the Department in advance and in writing. Prior to expending or
committing any portion of the Initial NTE, the Design-Builder shall obtain the Department’s
written approval of such expenditure or commitment, as well as a determination as to whether
the work will qualify as a “capital” expense under the Department’s financial guidelines. In
making such a request, the Design-Builder shall submit an itemized breakdown of the work that
the Design-Builder seeks to release using funds from the Initial NTE as well as the associated
costs of such work.

Section 8.4 Project Budget.
The Department has established a budget for the Project as set forth in the Information Section
of this Agreement (such budget, the “Project Budget”). Such Project Budget includes any and
all amounts which may be due to the Design-Builder pursuant to this Agreement, and in no
event shall the Design-Builder be entitled to recover more than the Project Budget unless the
Design-Builder is authorized to exceed the Project Budget by the Department in advance and in
writing. The Design-Builder shall inform the Department’s Contracting Officer at least fifteen
(15) calendar days in advance, if the Design -Builder encounters any foreseen or unforeseen
project-related events, which might reasonably affect: (i) existing Project Bu dget; or (ii) DC
council-authorized appropriations.

Section 8.5 No Adjustments to Fee.
It is the Department’s intent to engage the Design-Builder to develop a GMP that meets the
programmatic requirements set forth in Exhibit A1 and Exhibit A2 by the Client Agency and
the Project Budget as set forth herein (i.e. designed to budget), to allow for Substantial
Completion of the Work to be achieved no later than the Substantial Completion Date. The
Design-Builder shall be entitled to an adjustment to the Design-Build Fee at the time the GMP
is established to the extent, and only to the extent, that: (i) the Department makes additions to
the scope that, when measured relative to the program, cause the GMP to exceed the Design-
Builder’s original concept estimate by more than five percent (5%); or (ii) the Department
makes additions to the scope provided for herein which (other than for punchlist or warranty
work) which requires the Design-Builder’s services at the Project to extend 30 days or more
beyond the Substantial Completion Date. With regard to Change Orders issued after the GMP
is established, the Design-Builder shall be entitled to an increase in the Design-Build Fee to the
extent, and only to the extent, that: (i) the Department has added a new programmatic element
to the Project; or (ii) the Department made additions to the GMP scope which (other than
punchlist or warranty work) require the Design-Builder’s services at the Project to extend 30
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days or more beyond the Substantial Completion Date.

Section 8.6 Markup on Trade Work.
The maximum markup for change order work shall be as follows:

Section 8.6.1.1 For Work performed by a Subcontractor with its own
forces, the Subcontractor shall be entitled to a mark-up of not more than five
percent (5%) (covering home office overhead, the cost of insurance and bonds,
field supervision, general conditions and profit) on the Direct Costs of the
Work. For Work that the Department permits the Design-Builder to self-
perform, the Design-Builder shall also be entitled to a markup of not more
than five percent (5%) of the Direct Cost of the Work. With regard to any
such Work that is self -performed by the Design-Builder, the markup
contemplated in this Section shall be the Design-Builder’s exclusive
compensation and it shall not be entitled to the markup contemplated in
Section 8.6.1.3;

Section 8.6.1.2 Intervening tier Subcontractors shall be entitled to a markup
of two percent (2%) (covering home office overhead, the cost of insurance
and bonds, field supervision, general conditions and profit) on Work
performed by lower-tier Subcontractors;

Section 8.6.1.3 In no event shall the maximum mark-up on the Direct Cost
of the Work exceed five percent (5%). Direct Cost of the Work shall mean
labor, material and other costs reasonably and necessarily incurred in the
proper performance of the Work as approved by the Department and shall
include, but not be limited to: (Direct Cost of the Work does not, however,
include home office overhead, field supervision, general conditions or profit
of either the Subcontractor or the Design-Builder. No personnel above the
level of a working foreman shall be considered a Direct Cost of the Work).

Section 8.7 Direct Cost of Work
“Direct Cost of the Work” shall mean labor, material and other costs reasonably and
necessarily incurred in the proper performance of the Work as approved by the Department
and shall include, but not be limited to:

Section 8.7.1 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. Indirect costs shall be itemized and verified
by receipted invoices. If verification is not possible, up to eighteen percent
(18%) of direct labor costs may be allowed.

Section 8.7.2 Rented Equipment. Payment for required equipment rented from
an outside company that is neither an affiliate of, nor a subsidiary of, the
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Design-Builder 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 CO for
consideration. No additional allowance will be made for overhead and profit.
The Design-Builder shall submit written certification to the CO that any
required rented equipment is neither owned by nor rented from the Design-
Builder or an affiliate of or subsidiary of the Design-Builder.

Section 8.7.3 Design-Builder’s Equipment. Payment for required equipment
owned by the Design-Builder or an affiliate of the Design -Builder will be
based solely 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.

Section 8.7.4 Materials. Incorporated and unincorporated materials as permitted
under Section 8.7.

Section 8.7.5 Direct Cost of the Work does not, however, include home office
overhead, field supervision, general conditions or profit of either the
Subcontractor or the Design-Builder. No personnel above the level of a
working foreman shall be considered a Direct Cost of the Work.

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Article 9 COST OF THE WORK FOR CONSTRUCTION PHASE

Section 9.1 Cost of the Work.

The following costs shall be reimbursable at cost and without mark-up:

Section 9.1.1 Payments made by the Design- Builder to subcontractors and
suppliers, but only in accordance with the Subcontracts and Supply
Agreements.

Section 9.1.2 All amounts due to the Design- Builder under the terms of the
Department's written authorization for the Design -Builder to perform any
portion of the Work as Self -Performed Work. If an authorization for the
Design-Builder to engage in Self-Performed Work is not on a fixed-price basis,
then, as to that work, the following costs shall be within the Cost of the Work:

a) Labor. Properly documented wages actually paid to Project foremen,
construction workers, and other personnel in the direct employ of the
Design-Builder, while engaged in approved Self-Performed Work, together
with contributions, assessments, payroll taxes, or fringe benefits required
by the laws or applicable collective bargaining agreements.
b) Incorporated Materials. The cost, net of trade discounts, of all materials,
products, supplies, and equipment incorporated into the Self-Performed
Work, including, without limitation, costs of transportation and handling.
c) Unincorporated Materials. The cost of materials, products, supplies and
equipment not actually installed or incorporated into the Self- Performed
Work, but required to provide a reasonable allowance for waste or spoilage,
subject to the Design -Builder's agreement to turn unused exce ss materials
over to the Department at the completion of the Project or, at the
Department's option, to sell the material and pay the proceeds to the
Department or give the Department a credit in the amount of the proceeds
against the Cost of the Work.

Section 9.1.3 Royalty and license fees paid for use of a design, process or product,
if its use is required by the Agreement or has been approved in advance by the
Department;
Section 9.1.4 Fees for obtaining all required approvals or permits associated with
the abatement, demolition, utilities abandonment, and utility relocation, and
all trade permit fees and the building permit fee.
Section 9.1.5 Cost of the Design- Builder’s Architect/Engineer’s contract
reimbursed at cost and without markup; provided, however, that such costs
shall not exceed the Design Fee set forth in this Agreement. Any amounts in
excess of the Design Fee shall not be reimbursable as a Cost of Work.
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Section 9.1.6 All fees and other costs necessarily incurred to carry out testing and
inspection required by the Agreement, or otherwise to maintain proper quality
assurance. The costs the Design-Builder incurs to schedule and coordinate any
additional testing and inspections the Department may decide to conduct itself
shall be reimbursable unless the additional testing establishes that the work
tested was defective or otherwise failed to satisfy the Agreement’s
requirements, in which case the Design-Builder shall pay the costs, without
reimbursement.
Section 9.1.7 All bonds to jurisdictional agencies (utilities, storm water
management, land disturbance, and grading).
Section 9.1.8 All performance and payment bonds and general liability insurance.
The Department may, in its sole discretion, allow the Design -Builder to
recover the costs of subcontractor default insurance at a mutually agreed upon
rate in lieu of trade level bonds, provided that such insurance be approved by
the Department in advance and after being presented with a cost-benefit
analysis of such use.
Section 9.1.9 Payments made by the Design-Builder to its design consultants and
sub-consultants; provided, however, that the Design- Builder shall not be
reimbursed for the costs of design services in excess of the Design Fee.
Section 9.1.10 Costs of repairing or correcting damaged or nonconforming Work
executed by the Architect, or Design -Builder’s other consultants,
Subcontractors or suppliers, provided that such damaged or nonconforming
Work was not caused by negligence or failure to fulfill a specific responsibility
of the Design- Builder, and only to the extent that the cost of repair or
correction is not recoverable by the Design- Builder from insurance, sureties,
Subcontractors or suppliers. It is understood that the cost of repairing,
correcting damaged or nonconforming Work that was Self-Performed shall not
be reimbursable in any event.

Section 9.2 Cost of General Conditions.

The Design-Builder’s Lump Sum General Conditions Cost shall be the extent of what the Design-
Builder is entitled to recover for the cost of General Conditions. General Conditions may include,
but are not limited to:
a) Cost of construction staff;
b) Fringe Benefits associated with construction staff;
c) Payroll taxes and payroll insurance associated with construction staff;
d) Staff costs associated with obtaining permits and approvals;
e) Out-of-house consultants, including permit expeditors;
f) Job vehicles;
g) The field office(s) for the Design-Builder and Department, including, but not limited to:
(i) trailer purchase and/or rental; (ii) field office installation, relocation and removal; (iii)
utility connections and charges during the Construction Phase; (iv) furniture; (v) office
supplies;
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h) Office equipment including, but not limited to: (i) computer hardware and software; (ii)
fax machines; (iii) copying machines; (iv) voice/data system installation and use charges;
(v) Job radios;
i) Local delivery and overnight delivery costs;
j) Field computer network;
k) First aid facility;
l) Printing cost for drawings, bid packages, etc.;
m) BIM Cost (software, seats, hardware);
n) Parking costs for the construction staff;
o) Salting sidewalks and shoveling snow on sidewalks that surround the site; and
p) Exterior site fencing, fence wrapping, and construction signage.

Section 9.3 Non-Reimbursable Costs

The following costs shall not be reimbursable:

Section 9.3.1 Any personnel or labor costs other than those provided for in
Section 9.1.2(a).
Section 9.3.2 Fees for any permits or licenses the Design -Builder requires to
conduct its general business operations.
Section 9.3.3 Capital expenses and interest on capital employed for the Work.
Section 9.3.4 The cost of home or regional offices, it being understood that
compensation for such costs included in the Design-Build Fee.
Section 9.3.5 Sales or use taxes, unless the Design -Builder establishes that
applicable law required payment of such taxes.
Section 9.3.6 Costs due to the errors or omissions of the Design -Builder or its
subcontractors or suppliers at all tiers, negligent or otherwise.
Section 9.3.7 Costs due to breach of Contract by the Design- Builder or its
subcontractors or material suppliers at all tiers, including, without limitation,
costs arising from defective or damaged work or its correction, disposal of
materials or equipment erroneously supplied, and repairs to property damaged
by the Design-Builder or its subcontractors or material suppliers at all tiers.
Section 9.3.8 Any costs incurred in performing work of any kind before
Preconstruction NTP, unless specifically authorized by the Department in
advance and in writing.
Section 9.3.9 Direct or indirect costs of any kind, except those expressly included
in Section 9.1.

Section 9.4 Discounts, Rebates And Refunds.

Section 9.4.1 Cash discounts obtained on payments made by the Design-Builder
shall accrue to the Department if: (i) before making such payment(s), the
Design-Builder included them in an Application for Payment and received
payment therefor from the Department; or (ii) the Department has deposited
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funds with the Design-Builder with which to make such payment(s). All other
cash discounts shall accrue to the Design-Builder. Trade discounts, rebates,
refunds and amounts received from sales of surplus materials and equipment
shall accrue to the Department, and the Design-Builder shall make provisions
so that such amounts can be secured.

Section 9.4.2 Amounts that accrue to the Department in accordance with the
provisions of Section 9.3 shall be credited to the Department as a deduction
from the Cost of the Work.

Section 9.5 Facilitating Tax Exempt Purchases.
The Department expects that the Project will qualify as tax-exempt under applicable laws.
Upon request, the Department will provide the Design-Builder with the necessary information
relating to the tax exemption. In the event any savings are attributable to the tax- exempt
status of the Project, the Design-Builder shall not be entitled to share in such savings.

Section 9.6 Accounting Records.
The Design-Builder shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under the Agreement. The Design-Builder’s
accounting and control systems shall be satisfactory to the Department. The Department, its
representatives, and the Department’s accountants shall be afforded access to the Design-
Builder’s records, books, correspondence, instruction, drawings, receipts, subcontracts,
purchase orders, vouchers, memoranda and other data relating to this Project, and the Design-
Builder shall preserve such documentation relating to the Project for a period of three years
after final payment, or for such longer period as may be required by law.

Section 9.7 Excluded Cost Elements.
It is the Department’s intent that the Design-Builder provide a turnkey solution for the
implementation of the Project, and the Project Budget set herein has been developed based on
such framework. The Design-Builder shall advance the Project in a manner consistent with the
Project Budget with the understanding that only the following cost elements shall be excluded
from the Project Budget set forth herein:

a) 3rd Party Material Testing;
b) 3rd Party Commissioning;
c) 3rd Party Inspections;
d) Costs of active DPR equipment;
e) 3rd Party Plan Review; and
f) Public Art.

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Article 10 CONSTRUCTION PHASE PAYMENTS

Section 10.1 Progress Payments.
The Design-Builder shall be compensated in a series of progress payments and a Final Payment,
for Work completed in accordance with the Agreement, and for which proper Applications
for Payment have been submitted and approved. The amount of each progress payment
shall be as follows:

The Cost of Work completed to date

Plus Cost of Work for Pay Period x portion of Design-Build Fee not at risk

Current approved estimated

Cost of Work through Final Completion

Plus Any subset of the At Risk Portion of the Design-Build Fee to which the
Department has determined the Design-Builder to be Entitled

Minus Applicable retainage

Minus Amounts previously paid by the Department

Section 10.2 Retention.
The Department shall withhold from each progress payment an amount equal to ten percent
(10%) of the payment related to: (i) each Subcontract and supply agreement; (ii) the
Preconstruction Fee; (iii) Design-Build Fee; (iv) General Conditions Costs; and (v) the Cost of
the Work related to each item of Self-Performed Work, until such time as fifty percent (50%)
of the then currently budgeted cost associated with each such item has been invoiced, at which
point the Department may cease retaining against such item; provided, however, that retention
shall not be held on the costs of bonds, insurances, and those elements of the general
requirements which consist of a single, insolated effort such as dumpster disposal and safety
carpentry. The Department may elect to increase the retention on any trade Subcontractor up to
ten percent (10%) in the event the Department determines that the situation so warrants. The
Department, in its sole and absolute discretion, may elect to reduce the retainage relating to
a particular trade Subcontractor, or the Cost of the Work related to a specific item of Self-
Performed Work to zero upon: (a) satisfactory completion of such Work; (b) submission of all
required warranties, certifications, and operating or maintenance instructions with respect
to that Work; and (c) execution of appropriate waivers of lien and releases of claims.
However, in no event shall the total retainage held by the Department be reduced to an amount
that is less than two and one-half percent (2.5%) of the GMP.

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Section 10.3 Documents Required with Application for Payment.
Each Application for Payment shall be accompanied by the Design-Builder’s job cost ledgers
in a form satisfactory to the Department, the Subcontractors’ and Suppliers’ Applications for
Payment on AIA Documents G702 and G703 or other form acceptable to the Department, and
such other supporting documentation as the Department may reasonably request. Each Application
for Payment shall include detailed documentation of costs as a condition to approving progress
payments, but the Design-Builder shall nevertheless maintain complete documentation of the costs.

An executed Release of Liens and Claims in the format required by the CO must accompany
each Application for Payment.

Section 10.4 Stored Materials.
The Department shall not be required to pay for materials stored at the site or stored at other
locations absent prior written authorization to do so, which authorization may be withheld at the
Department's sole discretion. If the Department expressly agrees to pay for materials stored at
the site but not yet incorporated into the Work, the Application for Payment may also include
a request for payment of the cost of such materials, if the materials have been delivered to the
site, and suitably stored. Such requests shall be documented by appropriate invoices and bills
of sale. Payment for stored materials shall be conditioned also on the Design-Builder’s
representation that it has inspected the material and found it to be free from defect and otherwise
in conformity with this Agreement, and on satisfactory evidence that the materials are insured
under the builder’s risk policy. Further, if the Design-Builder requests the Department to allow
payments for storage of materials offsite, the Design-Builder shall be required, inter alia, to
agree to execution of proper documentation to afford the Department a secured interest in the
materials upon payment.

Section 10.5 Design-Builder’s Certification.
Each Application for Payment shall be accompanied by the Design-Builder's signed
certification that:

Section 10.5.1. all amounts paid to the Design-Builder on the previous Application
for Payment that were attributable to Subcontractor Work or to materials or equipment
being supplied by any supplier have been paid over to the appropriate Subcontractors
and suppliers;

Section 10.5.2. that all amounts currently sought for Subcontractor Work or supply of
materials or equipment are currently due and owing to the Subcontractors and material
or equipment suppliers;

Section 10.5.3. that all Work, materials or equipment for which payment is sought is,
to the best of the Design-Builder's knowledge, free from defect and meets all of the
requirements set forth in the Agreement; and

Section 10.5.4. that the Design-Builder’s subcontracts include the clauses required
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by subparagraphs (1) through (4) of D.C. Official Code §2- 221.02(d) (2017).

Section 10.5.5. The Design-Builder shall not include in an Application for Payment
amounts for Work for which the Design-Builder does not intend to pay.

Section 10.6 Lien Waivers.
Each Application for Payment shall be accompanied by written waivers of the right to file a
mechanic’s lien and all other claims, in a form substantially similar to Exhibit K for the
Design-Builder and all Subcontractors and material suppliers at all tiers who have supplied labor
or material or both for which payment is requested, subject only to receipt of payment. If the
Department so requests, the Design-Builder shall also submit unconditional waivers of liens
for itself and all Subcontractors and material suppliers at all tiers with respect to Work or
materials or equipment for which payment has been previously made, and additional forms of
waiver acknowledging receipt of final payment under the Agreement and providing final release
of such liens.

Section 10.7 Warranty of Title.
By submitting an Application for Payment, the Design-Builder warrants to the Department
that title to all Work for which payment is sought will pass to the Department, without liens,
claims, or other encumbrances, upon the receipt of payment by the Design-Builder. The
Department may require execution of appropriate documents to confirm passage of clear title.
Passage of title shall not operate to pass the risk of loss with respect to the Work in question. Risk
of loss remains with the Design-Builder until Substantial Completion, unless otherwise agreed
by the Department, in writing.

Section 10.8 Submission.
On the twenty-fifth (25) day of each month the Design- Builder shall submit to the Department
(with a copy to the Program Manager) an Application for Payment, which Application for
Payment shall cover the entire month during which the Application for Payment is submitted.
All amounts formally submitted via Application for Payment and not disputed by the Department
shall be due and payable on the last day of the month following submission or, if that is not a
business day, on the following business day. If the Design-Builder and Department are unable
to agree on the amounts properly due and owing, the Department shall pay in accordance with
its good faith determination and the Design-Builder may protest and pursue a claim as provided
in this Agreement and the Standard Contract Provisions (Construction Contracts and
Architectural and Engineering Services Contracts).

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Section 10.9 Right to Withhold Payments.

The Department will notify the Design-Builder within fifteen (15) days after receiving any
Application for Payment of any defect in the Application for Payment or the Design-Builder’s
performance which may result in the Department’s declining to pay all or a part of the requested
amount. The Department may withhold payment from the Design-Builder, in whole or part, as
appropriate, if:

Section 10.9.1 the Work is defective and such defects have not been
remedied; or

Section 10.9.2 the Department has determined that the Design-Builder’s
progress has fallen behind the Project Schedule , and the Design-Builder
fails, within ten (10) calendar days of the Department’s written demand, to
provide the Department with a realistic and acceptable Recovery Plan in
accordance with 5.18; or

Section 10.9.3 the Design-Builder's monthly schedule update reflects that
the Design-Builder has fallen behind the Project Schedule, and the Design-
Builder fails to include, in the same monthly report, a realistic and
acceptable Recovery Plan in accordance with 5.18; or

Section 10.9.4 the Design-Builder has failed to provide reports in full
compliance with 5.5 of this Agreement; or

Section 10.9.5 the Design-Builder has failed to pay Subcontractors or
suppliers promptly or has made false or inaccurate certifications that
payments to Subcontractors or suppliers are due or have been made; or

Section 10.9.6 any mechanic’s lien has been filed against the Department,
the site or any portion thereof or interest therein, or any improvements on
the site, even though the Department has paid all undisputed amounts due
to the Design-Builder, and the Design-Builder, upon notice, has failed to
remove the lien, by bonding it off or otherwise, within ten (10) calendar
days; or

Section 10.9.7 the Department has reasonable evidence that the Work will
not be completed by the Substantial Completion Date, as required, that the
unpaid balance of the GMP would not be adequate to cover actual or
liquidated damages arising from the anticipated delay; or

Section 10.9.8 the Department has reasonable evidence that the Work
cannot be completed for the unpaid balance of the GMP; or

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Section 10.9.9 the Design-Builder is otherwise in substantial breach of this
Agreement (including, without limitation, failures to comply with LSDBE
Utilization requirements.

Section 10.9.10 the Application for Payment is incomplete, unsubstantiated
and/or does not contain sufficient documentation for evaluation by the CO.

Section 10.10 Payment Not Acceptance.

Payment of any progress payment or final payment shall not constitute acceptance of Work that
is defective or otherwise fails to conform to the Agreement, or a waiver of any rights or remedies
the Department may have with respect to defective or nonconforming Work.

Section 10.11 Department Not Obligated to Others.

The Department shall have no obligation to pay or be responsible in any way for payments to a
consultant or Subcontractor performing portions of the Work.

Section 10.12 Final Payment.

A final payment (“Final Payment”) shall be made by the Department to the Design -Builder
when: (i) Final Completion has been achieved; (ii) all deliverables set forth in 5.14, and Exhibit
N have been delivered to and are accepted by the Department; (iii) the Design-Builder provides
the Department a complete set of product manuals (O&M), training videos, and warranties,
as applicable; and (iv) a complete final Application for Payment and a final accounting for the
Cost of the Work have been submitted by the Design-Builder and reviewed by the Department
and, to the extent the Department determines appropriate, the Department’s accountants. The
Department shall make Final Payment not more than thirty (30) days after the Department verifies
the amount of the final payment set forth in a complete final Application for Payment.

Section 10.12.1 The amount of the Final Payment shall be calculated
as follows:
Section 10.12.1.1 Take the sum of the Cost of the Work substantiated by
the Design-Builder’s final accounting and the Design-Build
Fee; but not more than the GMP.
Section 10.12.1.2 Subtract amounts, if any, for which the Department
withholds pursuant to the Agreement.
Section 10.12.1.3 Subtract the aggregate of previous payments made by
the Department. (If the aggregate of previous payments made
by the Department exceeds the amount due the Design-
Builder, the Design-Builder shall promptly reimburse the
difference to the Department).
Section 10.12.1.4 The Final Payment shall take into account any
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savings accruing to the Department or the Design-Builder.

Section 10.12.2 The Department will review and report in writing on
the Design-Builder’s final accounting within 30 days after delivery of the
final accounting to the Department by the Design-Builder. Based upon
Department’s determination of the Cost of the Work, and provided the other
conditions of Section 13.1 have been met, the Department will, within
fifteen (15) days after the Department’s determination, notify the Design-
Builder of any amount that the Department will withhold and the reasons
therefor. The time periods stated in this Paragraph 10.12 supersede those
for typical progress payments.

Section 10.12.3 If the Department determines that the Cost of the Work is
than claimed by the Design-Builder, the Design-Builder shall be entitled to
proceed in accordance with Article 3 of the Standard Contract Provisions.
Pending a final resolution of the disputed amount, the Department shall pay
the Design-Builder the amount that the Department determines to be
appropriate.
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Article 11 - INSURANCE

A. GENERAL REQUIREMENTS. The Design-Builder at its sole expense shall procure and
maintain, during the entire period of performance under this contract, the types of insurance
specified below. The Design-Builder shall have its insurance broker or insurance company
submit a Certificate of Insurance to the CO giving evidence of the required coverage prior
to commencing performance under this contract. In no event shall any work be performed
until the required Certificates of Insurance signed by an authorized representative of the
insurer(s) have been provided to, and accepted by, the CO. All insurance shall be written
with financially responsible companies authorized to do business in the District of
Columbia or in the jurisdiction where the work is to be performed and have an A.M. Best
Company rating of A - / VII or higher. Should The Design -Builder decide to engage a
subcontractor for segments of the work under this contract and wish to propose different
insurance requirements than outlined below, then, prior to commencement of work by the
subcontractor, The Design-Builder shall submit in writing the name and brief description
of work to be performed by the subcontractor on the Subcontractors Insurance Requirement
Template provided by the CA, to the Office of Risk Management (ORM). ORM will
determine the insurance requirements applicable to the subcontractor and promptly deliver
such requirements in writing to The Design-Builder and the CA. The Design-Builder must
provide proof of the subcontractor's required insurance prior to commencement of work by
the subcontractor. If The Design -Builder decides to engage a subcontractor without
requesting from ORM specific insurance requirements for the subcontractor, such
subcontractor shall have the same insurance requirements as The Design-Builder.
General liability, commercial auto, workers' compensation and property insurance policies
(if applicable to this agreement) shall contain a waiver of subrogation provision in favor of
the Government of the District of Columbia.

The Government of the District of Columbia shall be included in all policies required
hereunder to be maintained by The Design-Builder and its subcontractors (except for
workers’ compensation and professional liability insurance) as an additional insureds for
claims against The Government of the District of Columbia relating to this contract, with
the understanding that any affirmative obligation imposed upon the insured Contractor or
its subcontractors (including without limitation the liability to pay premiums) shall be the
sole obligation of The Design-Builder or its subcontractors, and not the additional insured.
The additional insured status under The Design -Builder’s and its subcontractors’
Commercial General Liability insurance policies shall be effected using the ISO Additional
Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or
such other endorsement or combination of endorsements providing coverage at least as
broad and approved by the CO in writing. All of The Design-Builder’s and its
subcontractors’ liability policies (except for workers’ compensation and professional
liability insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivalent so
as to indicate that such policies provide primary coverage (without any right of contribution
by any other insurance, reinsurance or self-insurance, including any deductible or retention,
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maintained by an Additional Insured) for all claims against the additional insured arising
out of the performance of this Statement of Work by The Design -Builder or its
subcontractors, or anyone for whom The Design -Builder or its subcontractors may be
liable. These policies shall include a separation of insureds clause applicable to the
additional insured.

If The Design-Builder and/or its subcontractors maintain broader coverage and/or higher
limits than the minimums shown below, the District requires and shall be entitled to the
broader coverage and/or the higher limits maintained by The Design-Builder and
subcontractors.

B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Design-Builder shall provide
evidence satisfactory to the CO with respect to the services performed that it carries a
CGL policy, written on an occurrence (not claims -made) basis, on Insurance Services
Office, Inc. (“ISO”) form CG 00 01 04 13 (or another occurrence -based form with
coverage at least as broad and approved by the CO in writing), covering liability for all
ongoing and completed operations of The Design -Builder, including ongoing and
completed operations under all subcontracts, and covering claims for bodily injury,
including without limitation sickness, disease or death of any persons, injury to or
destruction of property, including loss of use resulting therefrom, personal and
advertising injury, and including coverage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether
caused by a foreign or domestic source). Such coverage shall have limits of liability of not
less than $1,000,000 each occurrence, a $2,000,000 general aggregate (including a per
location or per project aggregate limit endorsement, if applicable) limit, a $1,000,000
personal and advertising injury limit, and a $2,000,000 products-completed operations
aggregate limit including explosion, collapse and underground hazards.

The Design-Builder should be named as an additional insured on the applicable
manufacturer’s/distributer’s Commercial General Liability policy using Insurance
Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form
with coverage at least as broad).

DGS should collect, review for accuracy and maintain all warranties for goods and
services.

2. Automobile Liability Insurance - The Design -Builder shall provide evidence
satisfactory to the CO of commercial (business) automobile liability insurance written
on ISO form CA 00 01 10 13 (or another form with coverage at least as broad and
approved by the CO in writing) including coverage for all owned, hired, borrowed and
non-owned vehicles and equipment used by The Design -Builder, with minimum per
accident limits equal to the greater of (i) the limits set forth in The Design -Builder’s
commercial automobile liability policy or (ii) $1,000,000 per occurr ence combined
single limit for bodily injury and property damage.
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3. Workers’ Compensation Insurance - The Design -Builder shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with the
statutory mandates of the District of Columbia or the jurisdiction in which the contract
is performed.

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

All insurance required by paragraphs 1,2 and 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.

4. Cyber Liability Insurance - The Design-Builder shall provide evidence satisfactory to
the CO of Cyber Liability Insurance, with limits not less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to
respond to the duties and obligations as is undertaken by Contractor in this agreement
and shall include, but not limited to, claims involving infringement of intellectual
property, including but not limited to infringement of copyright, trademark, trade dress,
invasion of privacy violations, information theft, damage to or destruction of electronic
information, release of private information, alteration of electronic information,
extortion and network security. The policy shall provide coverage for breach response
costs as well as regulatory fines and penalties as well as credit monitoring expenses
with limits sufficient to respond to these obligations. Limits may not be shared with
other lines of coverage. A copy of the cyber liability policy must be submitted to the
Office of Risk Management (ORM) for compliance review.

5. Environmental Liability/Contractors Pollution Liability Insurance - The Design -
Builder shall provide evidence satisfactory to the CO of environmental liability
insurance covering losses caused by pollution or other hazardous conditions arising
from ongoing or completed operations of The Design -Builder. Such insurance shall
apply to bodily injury, property damage (including loss of use of damaged property or
of property that has been physically injured), clean-up costs, transit and non- owned
disposal sites. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages or settlements. There shall be neither
an exclusion nor a sublimit for mold or fungus-related claims. The minimum limits
required under this paragraph shall be equal to the greater of (i) the limits set forth in
The Design-Builder’s pollution liability policy or (ii) $2,000,000 per occurrence and
$2,000,000 in the annual aggregate. If such coverage is written on a claims-made basis,
The Design-Builder warrants that any retroactive date applicable to coverages under
the policy precedes The Design-Builder’s performance of any work under the Contract
and that continuous completed operations coverage will be maintained for at least ten
(10) years or an extended reporting period shall be purchased for no less than ten (10)
years after completion.
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The Design -Builder also must furnish to the CO - Owner certificates of insurance
evidencing environmental liability insurance maintained by third party transportation
and disposal site operators(s) used by The Design -Builder for losses arising from
facility(ies) accepting, storing or disposing hazardous materials or other waste as a
result of The Design-Builder’s operations. Such coverages must be maintained with
limits of at least the amounts set forth above.

6. Installation-Floater Insurance - For projects not involving structural alterations, The
Design-Builder shall provide an installation floater policy with a limit equal to the
Property values being installed as part of the project. The policy shall cover property
while located at the project site, at temporary locations, or in transit; deductibles will
be the sole responsibility of The Design-Builder.

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

8. Sexual/Physical Abuse & Molestation - The Design -Builder shall provide evidence
satisfactory to the CO with respect to the services performed that it carries $1,000,000
per occurrence limits; $2,000,000 aggregate of affirmative abuse and molestation
liability coverage. Coverage should include physical abuse, such as sexual or other
bodily harm and non-physical abuse, such as verbal, emotional or mental abuse; any
actual, threatened or alleged act; errors, omission or misconduct. This insurance
requirement will be considered met if the general liability insurance includes an
affirmative sexual abuse and molestation endorsement for the required amounts. So
called “silent” coverage or “shared” limits under a commercial general liability or
professional liability policy will not be acceptable. Limits may not be shared with other
lines of coverage. The applicable policy may need to be submitted to the Office of Risk
Management (ORM) for compliance review.

9. Commercial Umbrella or Excess Liability - The Design-Builder shall provide evidence
satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in The Design-Builder’s
umbrella or excess liability policy or (ii) $5,000,000 per occurrence and $5,000,000 in
the annual aggregate, following the form and in excess of all liability policies. All
liability coverages must be scheduled under the umbrella and/or excess policy. The
insurance required under this paragraph shall be written in a form that annually
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reinstates all required limits. Coverage shall be primary to any insurance, self-insurance
or reinsurance maintained by the District and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.

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

D. DURATION. The Design-Builder shall carry all required insurance until all contract work
is accepted by the District of Columbia and shall carry listed coverages for ten years for
construction projects following final acceptance of the work performed under this contract
and two years for non-construction related contracts.

E. LIABILITY. These are the required minimum insurance requirements established by the
District of Columbia. However, the required minimum insurance requirements provided
above will not in any way limit The Design-Builder’s liability under this contract.

F. CONTRACTOR’S PROPERTY. Contractor and subcontractors are solely responsible for
any loss or damage to their personal property, including but not limited to tools and
equipment, scaffolding and temporary structures, rented machinery, or owned and leased
equipment. A waiver of subrogation shall apply in favor of the District of Columbia.

G. MEASURE OF PAYMENT. The District shall not make any separate measure or payment
for the cost of insurance and bonds. The Design -Builder shall include all of the costs of
insurance and bonds in the contract price.

H. NOTIFICATION. The Design-Builder shall ensure that all policies provide that the CO
shall be given thirty (30) days prior written notice in the event of coverage and / or limit
changes or if the policy is canceled prior to the expiration date shown on the certificate.
The Design-Builder shall provide the CO with ten (10) days prior written notice in the
event of non-payment of premium. The Design -Builder will also provide the CO with an
updated Certificate of Insurance should its insurance coverages renew during the contract.

I. CERTIFICATES OF INSURANCE. The Design- Builder shall submit certificates of
insurance giving evidence of the required coverage as specified in this section prior to
commencing work. Certificates of insurance must reference the corresponding contract
number. Evidence of insurance shall be submitted to:

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The Government of the District of Columbia
And emailed to the attention of:

Name: Suzi Tabot
Title: Contracting Officer
Department of General Services
Contracts and Procurement Division
Address: 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019
Phone: 202-666-9706
Suzi.tabot@dc.gov

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

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

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

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Article 12 BONDS
Section 12.1 Performance Bond and Payment Bond.
The Design-Builder shall, before commencing the Construction Phase, provide to
the Department a payment bond and performance bond, each with a penal sum equal to the full
value of the GMP. The Design -Builder will be required to post an updated payment and
performance bonds to reflect the GMP Amendment amount. In addition to the delivery of the
performance and payment bonds, the Design-Builder must deliver to the CO a copy of the
executed Agreement of Indemnity under which the bonds were issued. Such bond shall remain
in full force and effect until Final Completion is achieved and the Department shall be able to
draw upon such bond regardless of the amount paid by the Department to the Design-Builder,
even if such amount exceeds the penal value of such bond. Unless otherwise directed by the
Department, the Design-Builder shall require all Subcontractors whose Subcontract prices
exceed One Hundred Thousand Dollars ($100,000.00) to provide payment and performance
bonds, with a penal sum equal to one hundred percent (100%) of the subcontract price. Further,
the Design-Builder must deliver to the CO copies of its Subcontractor’s Agreements of
Indemnity. All bonds must be in a form acceptable to the Department, its lenders or bond
trustee, and issued by a surety authorized to do business in the District of Columbia and
bonding company listed on the United States Department of Treasury’s Listing of Approved
Sureties. All subcontractors’ bonds must include a dual obligee rider, naming the Design-Builder
and the Department as dual obligees. If the GMP is increased pursuant to the terms of the
Agreement, the Department may require that the amount of the bonds be increased in the
amount of one hundred percent (100%) of the increase, and the Design-Builder shall promptly
comply. The Design-Builder shall furnish a copy of its bonds to any potential beneficiary of
the bonds, or permit that person or company to make a copy. If the bonds provided become
unacceptable to the Department, the Design-Builder shall promptly provide substitute
security acceptable to the Department. If the Design-Builder intends to exercise its rights as dual
obligee under any trade Subcontractor’s bond, it shall first give the Department twenty (20)
days written notice, so that the Department may lodge any objection it may reasonably have to
the proposed action.

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Article 13 ECONOMIC INCLUSION REQUIREMENTS

Section 13.1 LSDBE Utilization.

If the Design-Builder subcontracts any work, at least (35%) of the dollar volume of the Agreement
shall be subcontracted with small business enterprises (“SBE”). If there are insufficient qualified
SBEs then the subcontracting may be satisfied by subcontracting (35%) of the dollar volume to
any qualified certified business enterprises (“CBE”). For subcontracted work, pass through entities
will not count toward this goal. In order to count toward the subcontracting requirement, the SBE
must perform at least (35%) of the work that is being counted toward the goal with its own
forces. The Local, Small, and Disadvantaged Business Enterprises (“LSDBE”) certification shall
be, in each case, as of the effective date of the applicable subcontract. Supply agreements with
material suppliers shall be counted toward meeting this goal. The Design-Builder has developed a
Subcontracting Plan that is attached hereto as Exhibit D . The Design-Builder shall comply with
the terms of the SBE Subcontracting Plan in making purchases and administering its subcontracts
and supply agreements.
Section 13.2 Mandatory Subcontracting Requirements

Section 13.2.1 Unless the Director of the Department of Small and Local Business
Development (DSLBD) has approved a waiver in writing, in accordance with D.C.
Official Code § 2-218.51, for all contracts in excess of $250,000, at least 35% of the
dollar volume of the cont ract shall be subcontracted to qualified small business
enterprises (SBEs).
Section 13.2.2 If there are insufficient SBEs to completely fulfill the requirement of
Section 13.2.1, then the subcontracting may be satisfied by subcontracting 35% of the
dollar volume to any qualified certified business enterprises (CBEs); provided,
however, that all reasonable efforts shall be made to ensure that SBEs are significant
participants in the overall subcontracting work.
Section 13.2.3 A prime contractor that is certified by DSLBD as a small, local or
disadvantaged business enterprise shall not be required to comply with the provisions
of Sections 13.2.1 and 13.2.2.
Section 13.2.4 Except as provided in Sections 13.2.1 and 13.2.2, a prime contractor
that is a CBE and has been granted a proposal preference pursuant to D.C. Official
Code § 2-218.43, or is selected through a set-aside program, shall perform at least 35%
of the contracting effort with its own organization and resources and, if it subcontracts,
35% of the subcontracting effort shall be with CBEs. A CBE prime contractor that
performs less than 35% of the contracting effort shall be subject to enforcement actions
under D.C. Official Code § 2-218.63.
Section 13.2.5 A prime contractor that is a certified joint venture and has been granted
a proposal preference pursuant to D.C. Official Code § 2-218.43, or is selected through
a set-aside program, shall perform at least 50% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall
be with CBEs. A certified joint venture prime contractor that performs less than 50%
of the contracting effort shall be subject to enforcement actions under D.C. Official
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Code § 2-218.63.
Section 13.2.6 Each CBE utilized to meet these subcontracting requirements shall
perform at least 35% of its contracting effort with its own organization and resources.
Section 13.2.7 A prime contractor that is a CBE and has been granted a proposal
preference pursuant to D.C. Official Code § 2-218.43, or is selected through a set-aside
program, shall perform at least 50% of the on-site work with its own organization and
resources if the contract is $1 million or less.
Section 13.2.8 Furniture Fixtures & Equipment (FF&E).
The Contractor shall ensure that maximum competition is sought for the Project’s
FF&E requirements. Additionally, the Contractor shall ensure that qualified vendors
certified by the District’s Department of Small and Local Business Development as
small SBEs are provided an opportunity to offer a bid/proposal for any of the Project’s
FF&E requirements. Qualified vendors can be found on the District’s Office of
Contracting Procurement’s (OCP) District of Columbia Supply Schedule (DCSS) in
the Furniture and Furniture Management category (https://ocp.dc.gov/page/dcss). The
Contractor shall ensure that a minimum of three (3) qualified SBE vendors are provided
the FF&E bid package. The Contractor shall document the distribution of the bid
package to all vendors and responses received, including no-bids in the FF&E Bid
Package. Upon selection, the Contractor shall provide an FF&E Selection Summary to
the PM and CO. The FF&E Selection Summary shall include, at a minimum, the
identification of all vendors provided an opportunity to submit a bid/proposal, pricing
of bid/proposals received, identification of selected vendor with a brief explanation of
how the decision was reached, and any other information relevant to the procurement
of the Project’s FF&E vendor.

Section 13.3 Subcontracting Plan (Exhibit D)
If the Design-Builder is required by law to subcontract under this Agreement, then the
subcontracting plan submitted with its Proposal, may only be amended with the prior written
approval of the Contracting Officer and Director of DSLBD, as previously stated herein; and, any
reduction in the dollar volume of the subcontracted portion resulting from an amendment of the
Subcontracting Plan shall inure to the benefit of the District. The Subcontracting Plan shall
include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.

Section 13.4 Copies of Subcontracts
Within twenty -one (21) days of the date of award, The Design -Builder shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the Contracting Officer
(CO), District of Columbia Auditor and the Director of DSLBD.

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Section 13.5 Subcontracting Plan Compliance Reporting
Section 13.5.1 If The Design-Builder has a subcontracting plan required by law for this
contract, The Design-Builder shall submit a quarterly report to the Contracting Officer,
District of Columbia Auditor, and the Director of DSLBD. The quarterly report shall
include the following information for each subcontract identified in the subcontracting
plan:

(A) The price that the prime contractor will pay each subcontractor under the
subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with an earlier
quarterly report.

Section 13.5.2 If the fully executed subcontract is not provided with the quarterly
report, the prime contractor will not receive credit toward its subcontracting
requirements for that subcontract.

Section 13.6 Annual Meetings
Upon at least 30- days written notice provided by DSLBD, The Design- Builder shall meet
annually with the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide
an update on its subcontracting plan.

Section 13.7 DSLBD Notices
The Design-Builder shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.

Section 13.8 Enforcement and Penalties for Breach of Subcontracting Plan

Section 13.8.1 A contractor shall be deemed to have breached a subcontracting plan
required by law if The Design-Builder (i) fails to submit subcontracting plan
monitoring or compliance reports or other required subcontracting information in a
reasonably timely manner; (ii) submits a monitoring or compliance report or other
required subcontracting information containing a materially false statement; or (iii)
fails to meet its subcontracting requirements.

Section 13.8.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a contract shall be subject to the imposition
of penalties, including monetary fines in accordance with D.C. Official Code § 2-
218.63.

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Section 13.8. 3 If the CO determines The Design-Builder’s failure to be a material
breach of the contract, the CO shall have cause to terminate the contract under the
default provisions in Article 16 of the Contract.

Section 13.8.4 Neither the Design -Builder nor a Subcontractor may remove a
Subcontractor or tier -Subcontractor if such Subcontractor or tier -Subcontractor is
certified as an LSDBE company unless the Department approves of such removal, in
writing. The Department may condition its approval upon the Design- Builder
developing a plan that is, in the Department’s sole and absolute judgment, adequate to
maintain the level of LSDBE participation in the Project.

Section 13.9 Equal Employment Opportunity and Hiring of District Residents

Section 13.9.1 For contracts for services in the amount of $300,000 or more, the
Design-Builder shall comply with the First Source Employment Agreement Act of
1984, as amended, D.C. Official Code § 2-219.01 et seq. (“First Source Act”).

Section 13.9.2 The Design-Builder shall enter into and maintain during the term of the
Contract, a First Source Employment Agreement (Employment Agreement) (Exhibit
S) with the District of Columbia Department of Employment Service’s (DOES), in
which the Design-Builder shall agree that: (a) The first source for finding employees
to fill all jobs created in order to perform the Contract shall be the First Source Register;
and (b) The first source for finding employees to fill any vacancy occurring in all jobs
covered by the Employment Agreement shall be the First Source Register.

Section 13.9.3 If applicable, the Design -Builder shall comply with subchapter X of
Chapter II of Title 2, and all successor acts thereto, including by not limited to the
Workforce Intermediary Establishment and Reform of First Source Amendment Act of
2011, and the rules and regulations promulgated thereunder, including, but not limited
to the following requirements:

a) At least twenty percent (20%) of journey worker hours by trade shall be performed
by District residents;
b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;
c) At least fifty -one percent (51%) of the skilled laborer hours by trade shall be
performed by District residents; and
d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.

Section 13.9.4 The Design-Builder shall not begin the performance of the Contract
until its Employment Agreement has been accepted by DOES. Once approved, the
Employment Agreement shall not be amended except with the approval of DOES.

Section 13.9.5 The Design-Builder agrees that at least 51% of the new employees hired
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to perform the Contract shall be District residents. The Design-Builder shall ensure that
at least fifty -one percent (51%) of the Design- Builder and every sub- consultants and
subcontractor’s employees hired after the effective date of the Agreement, or after such
subconsultant or subcontractor enters into a contract with the Design-Builder, to work
on the Project shall be residents of the District of Columbia. This percentage shall be
applied in the aggregate, and not trade by trade.

Section 13.9.6 The Design-Builder’s hiring and reporting requirements under the First
Source Act and any rules promulgated thereunder shall continue for the term of the
Contract.

Section 13.9.7 The CO may impose penalties, including monetary fines of 5% of the
total amount of the direct and indirect labor costs of the Contract, for a willful breach
of the Employment Agreement, failure to submit the required hiring compliance
reports, or deliberate submission of falsified data.

Section 13.9.8 If the Design-Builder does not receive a good faith waiver, the CO may
also impose an additional penalty equal to 1/8 of 1% of the total amount of the direct
and indirect labor costs of the Contract for each percentage by which the Design-
Builder fails to meet its hiring requirements.

Section 13.9.9 Any contractor which violates, more than once within a 10- year
timeframe, the hiring or reporting requirements of the First Source Act shall be referred
for debarment for not more than five (5) years.

Section 13.9.10 The Design-Builder may appeal any decision of the CO pursuant to
this clause to the DC Contract Appeals Board located at 441 4th Street, NW, Suite
350N, Washington, DC 20001.

Section 13.9.11 The provisions of the First Source Act do not apply to nonprofit
organizations which employ 50 employees or less.

Section 13.9.12 Construction projects or contracts covered by this Section 13.9 of the
Contract shall be subject to the hiring and reporting requirements set forth in this
Section until construction is completed and a final certificate of occupancy has been
issued.

Section 13.9.13 Equal Employment Opportunity (“EEO”). The Design- Builder
has executed and submitted an EEO policy form (Exhibit S).

Section 13.10 Economic Inclusion Reporting Requirements
Section 13.10.1 Upon execution of the Agreement, the Design- Builder and all its
member firms, if any, and each of its Subcontractors shall submit to the Department a
list of current employees and apprentices that will be assigned to the Agreement, the
date they were hired and whether or not they live in the District of Columbia.
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Section 13.10.2 The Design -Builder and its constituent entities shall comply with
subchapter X of Chapter II Title 2, and subchapter II of Chapter 11 of Title 1 of the
D.C. Code, and all successor acts thereto and the rules and regulations promulgated
thereunder. The Design-Builder and all member firms and Subcontractors shall execute
a First Source Agreement with the District of Columbia Department of Employment
Services (“DOES”) prior to beginning work at the Project site.

Section 13.10.3 The Design -Builder shall maintain detailed records relating to the
general hiring of District of Columbia and community residents.

Section 13.10.4 The Design -Builder shall be responsible for: (i) including the
provisions of Section 13.3 in all subcontracts; (ii) collecting the information required
in Section 13.3 from its Subcontractors; and (iii) providing the information collected
from its Subcontractors in the reports required to be submitted by the Design -Builder
pursuant to Section 13.3.

Section 13.10.5. Service Contract Act Provision. The Design-Builder agrees that the
work performed under this Agreement shall be subject to the Service Contract Act
Wage Determination in effect on the date this agreement is executed. Service Contract
Wage Schedules are available at wdol.gov, Exhibit E.

Section 13.10.6 Living Wage Act. In addition to the requirements set forth in the First
Source Employment Agreement, the Design -Builder shall comply with all applicable
provisions of the Living Wage Act of 2006, Exhibit Q, as amended (codified at D.C.
Official Code §§ 2-220.01 et seq.) and its implementing regulations.

Section 13.10.7 Apprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2-
156, (as amended, the Act) may apply to these Projects. As applicable, the Design -
Builder firms and their subcontractors selected to perform work on the Projects on a
craft-by-craft basis may be required to comply with the Act. If applicable, all terms
and conditions of the D.C. Apprenticeship Council Rules and Regulations shall be
implemented, and the selected Design-Builder firms shall be liable for any
subcontractor non-compliance.

Section 13.11 WAY TO WORK AMENDMENT ACT OF 2006

Section 13.11.1. Except as described in Section 13.11.8 below, the Design- Builder
shall comply with Title I of the Way to Work Amendment Act of 2006, effective June
8, 2006 (D.C. Law 16-118, D.C. Official Code §2-220.01 et seq.) (“Living Wage Act
of 2006”), for contracts for services in the amount of $100,000 or more in a 12-month
period.

Section 13.11.2 The Design-Builder shall pay its employees and subcontractors who
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perform services under the Contract no less than the current living wage.

Section 13.11.3 The Design-Builder shall include in any subcontract for $15,000 or
more a provision requiring the subcontractor to pay its employees who perform services
under the Contract no less than the current living wage rate.

Section 13.11.4 The DOES may adjust the living wage annually and Design- Builder
will find the current living wage rate on its website at www.does.dc.gov.

Section 13.11.5 The Design-Builder shall provide a copy of the Fact Sheet attached
within Exhibit Q to each employee and subcontractor who performs services under the
Contract. The Design-Builder shall also post the Notice attached within Exhibit Q in
a conspicuous place in its place of business. The Design -Builder shall include in any
subcontract for $15,000 or more a provision requiring the subcontractor to post the
Notice in a conspicuous place in its place of business.

Section 13.11.6 The Design -Builder shall maintain its payroll records under the
Contract in the regular course of business for a period of at least three (3) years from
the payroll date, and shall include this requirement in its subcontracts for $15,000 or
more under the Contract.

Section 13.11.7 The payment of wages required under the Living Wage Act of 2006
shall be consistent with and subject to the provisions of D.C. Official Code §32- 1301
et seq.

Section 13.11.8 The requirements of the Living Wage Act of 2006 do not apply to:

(1) Contracts or other agreements that are subject to higher wage level
determinations required by federal law;
(2) Existing and future collective bargaining agreements, provided, that the
future collective bargaining agreement results in the employee being paid no
less than the established 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;

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(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 of 2006;

(6) An employee under 22 years of age employed during a school vacation
period, or enrolled as a 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 he or
she does not replace employees subject to the Living Wage Act of 2006;

(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;

(8) Employees of nonprofit organizations that employ not more than 50
individuals and qualify for tax exemption pursuant to section 501(c)(3) of
the Internal Revenue Code of 1954, approved August 16, 1954 (68A 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
mentally retarded persons as those terms are defined in section 2 of the
Health-Care and Community Residence Facility, Hospice, and Home Care
Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5- 48; 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.

Section 13.11.9 The Mayor may exempt a contractor from the requirements of the Living Wage
Act of 2006, subject to the approval of the Council, in accordance with the provisions of Section
109 of the Living Wage Act of 2006.

Section 13.12 Reserved

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Article 14 LIQUIDATED DAMAGES

Section 14.1 RESERVED

Section 14.2Delay in Substantial Completion.

If the Design-Builder fails to achieve Substantial Completion of the Project by the Substantial
Completion Date, the Parties acknowledge and agree that the actual damage to the Department
for the delay will be impossible to determine, and in lieu thereof, the Design-Builder shall pay
to the Department, as fixed, agreed and liquidated delay damages in the amount set forth in the
Project Information Section of this Agreement per day for each calendar day of delay for failure
to meet the applicable Substantial Completion Date.

The Design-Builder and the Department agree that the liquidated damages set forth in this
Article do not constitute, and shall not be deemed, a penalty but represent a reasonable
approximation of the damages to the Department associated with a delay in the Project.
These damages shall not apply if the delay is the result of force majeure and the Design-Builder
otherwise complies with the provisions set forth in the Standard Contract Provisions. In the
event the Design-Builder fails to meet the Substantial Completion Date for more than sixty days,
the Design-Builder consents to a Termination for Default.

Section 14.3 Early Completion.
In the event the Design-Builder achieves Substantial Completion of the Project prior to the
Substantial Completion Date, the Design-Builder shall maintain the completed Project, at its
own expense, until such time that the Department agrees to occupy and use the Project for
its intended use.

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Article 15 MISCELLANEOUS PROVISIONS

Section 15.1 Ownership and Use of Documents.

The Drawings, Specifications and other documents prepared by the Design-Builder and copies
thereof furnished to the Design-Builder, are for use solely with respect to this Project. They are
not to be used by the Design-Builder, Subcontractors, Sub-subcontractors or suppliers on other
projects, or for additions to this Project outside the scope of the Work, without the specific written
consent of the Department, and the Design-Builder. The referenced Drawing, Specifications and
other documents shall become the property of the Department. The District will be the sole owner
of all project drawings, specifications, and other Project Documents, and the Design-Builder shall
provide the District with a complete set of “as-built” within sixty (60) days of final completion.

Section 15.2 Assignment.

The Department and Design-Builder respectively bind themselves, their partners, members,
joint venturers, constituent entities, successors, assigns and legal representative to the other
party hereto and to partners, members, joint venturers, constituent entities, successors,
assigns and legal representatives of such other party in respect to covenants, agreements and
obligations contained in the Agreement. Neither party to the Agreement shall assign the
Agreement or its rights and obligations under the Agreement, without written consent of the other
party. If either party attempts to make such an assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations under the Agreement.

Section 15.3 BUY AMERICAN ACT PROVISIONS

The Design-Builder shall comply with the provisions of the Buy American Act (41 U.S.C. §§
8301–8305), including, but not limited to, the purchase of steel. To the extent that the language
in this section contradicts the language under Article 24 of The Department Standard Contract
Provisions for Construction Contracts and Article 15 (C) of the Department Standard Contract
Provisions for Architectural and Engineering Services Contracts (Exhibit J1 and J2) regarding
compliance with the Buy American Act, the language in this section should supersede.

Section 15.3.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301– 8305), 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, 1059 —63 Comp., p. 635), the Design-
Builder agrees that only domestic construction material will be used by the Design -Builder,
subcontractors, material men and suppliers in the performance of the Agreement, except for non-
domestic material listed in the Agreement.
“Components” as used in this Section, means those articles, materials and supplies incorporated
directly into the end products.
“Domestic end product”, as used in this section, means, (1) an unmanufactured end product mined
or produced in the United States, or (2) an end product manufactured in the United States, if the
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cost of its components mined, produced, or manufactured in the United States, exceeds 65 percent
of the cost of all its components. For an end product that consists wholly or predominantly of iron
or steel or a combination of both, the cost of foreign iron and steel must constitute less than 5
percent of the cost of all the components used in the end product.
Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the Unites States is
considered domestic.
“End Products”, as used in this Section, means those articles, materials, and supplies to be
acquired for public use under this Contract.
The Design-Builder shall deliver only domestic end products, except those:
1. For use outside the United States;
2. That the District determines are not mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality;
3. For which the District determines that domestic preference would be inconsistent with the
public interest; or
4. For which the District determines the cost to be unreasonable.
Section 15.3.2 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 65
percent of the cost of all its components. “Component” means any article, material, or supply
directly incorporated in construction material. If the construction material consists wholly or
predominantly of iron or steel, the iron or steel was produced in the United States; or, for
construction material that consists wholly or predominantly of iron or steel or a combination of
both, a construction material manufactured in the United States if the cost of foreign iron and steel
constitutes less than 5 percent of the cost of all the components used in such construction material.
Section 15.3.3 Domestic Component. A component shall be considered to have been “mined,
produced, or manufactured in the United States” regardless of its source, in fact, if the article,
material, or supply in which it is incorporated was manufactured in the United States and the
component is of a class or kind determined by the Government to be not mined, produced or
manufactured in the United States in sufficient and reasonably available commercial quantities
and of satisfactory quality.
Section 15.3.4 Foreign Construction Material. “Foreign construction material” means a
construction material other than a domestic construction material.
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Section 15.4 Davis-Bacon Act Wage Determination and Title 29 CFR 5.5 Davis Bacon
Provision.

The Design-Builder agrees that the construction work performed under this Agreement shall be
subject to the Davis -Bacon Act (40 U.S.C. §§ 3142- 3148), Exhibit G1 and Title 29 Code of
Federal Regulations (“CFR”) Exhibit G2. The wage rates applicable to this Project are attached
as Exhibits G1 and G2. The Design-Builder further agrees that it and all of its subcontractors
shall comply with the regulations implementing the Davis -Bacon Act and Title 29 CFR and
such regulations are hereby incorporated by referen ce. At such time as the Design -Builder is
preparing its GMP, the Design-Builder shall include the current Davis-Bacon wage rates in its
GMP.

Section 15.5 The Quick Payment Clause

Section 15.5.1 Interest Penalties to Contractors

Section 15.5.1.1
The District will pay interest penalties on amounts due to the Design -Builder
under the Quick Payment Act, D.C. Official Code §2- 221.01 et seq ., as
amended, for the period beginning on the day after the required payment date
and ending on the date on which payment of the amount is made. Interest shall
be calculated at the rate of 1.5% per month. No interest penalty shall be paid if
payment for the completed delivery of the item of property or service is made
on or before the required payment date. The required payment date shall be:

a. The date on which payment is due under the terms of the Contract;
b. Not later than 7 calendar days, excluding legal holidays, after the date
of delivery of meat or meat food products;
c. Not later than 10 calendar days, excluding legal holidays, after the date
of delivery of a perishable agricultural commodity; or
d. 30 calendar days, excluding legal holidays, after receipt of a proper
invoice for the amount of the payment due, if a specific date on which
payment is due is not established by contract;

Section 15.5.1.2 Any amount of an interest penalty which remains unpaid at the
end of any 30-day period shall be added to the principal amount of the debt and
thereafter interest penalties shall accrue on the added amount.

Section 15.5.1.3 No interest penalty shall be due to the Design-Builder if payment
for the completed delivery of goods or services is made on or after:

a. 3rd day after the required payment date for meat or a meat food
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product;
b. 5th day after the required payment date for an agricultural commodity;
or
c. 15th day after any other required payment date in the case of any other
item.

Section 15.5.2 Payments to Subcontractors

Section 15.5.2.1 The Design-Builder must take one of the following actions
within seven (7) days of receipt of any amount paid to The Design-Builder
by the District for work performed by any Subcontractor under this contract:

a) Pay the Subcontractor for the proportionate share of the total payment
received from the District that is attributable to the Subcontractor for work
performed under the contract; or

b) Notify the District and the Subcontractor, in writing, of The Design-Builder’s
intention to withhold all or part of the Subcontractor’s payment and state the
reason for the nonpayment.

Section 15.5.2.2 The Design -Builder must pay any Subcontractor or supplier
interest penalties on amounts due to the Subcontractor or supplier beginning
on the day after the payment is due and ending on the date on which the
payment is made. Interest shall be calculated at the rate of 1% per month.
No interest penalty shall be paid on the following if payment for the
completed delivery of the item of property or service is made on or before:

a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural
commodity; or
c) the 15th day after the required payment date for any other item.

Section 15.5.2.3 Any amount of an interest penalty which remains unpaid by
The Design-Builder at the end of any 30-day period shall be added to the
principal amount of the debt to the Subcontractor and thereafter interest
penalties shall accrue on the added amount.

Section 15.5.2.4 A dispute between The Design-Builder and Subcontractor
relating to the amounts or entitlement of a Subcontractor to a payment or
a late payment interest penalty under the Quick Payment Act does not
constitute a dispute to which the District of Columbia is a party. The District
of Columbia may not be interpleaded in any judicial or administrative
proceeding involving such a dispute.
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Section 15.5.3 Subcontract flow-down requirements

Section 15.5.3.1 The Design-Builder shall include in each subcontract under
this contract a provision requiring the Subcontractor to include in its
contract with any lower-tier Subcontractor or supplier the payment and
interest clauses required under paragraphs (1) and (2) of D.C. Official
Code §2-221.02(d).

Section 15.5.4 Requirements for Change Order payments

Section 15.5.4.1 The Department and The Design-Builder are prohibited from
requiring a prime contractor or a Subcontractor to undertake any work that
is determined to be beyond the original scope of the prime contractor's or a
Subcontractor's contract or subcontract, including work under a District-
issued change order, when the additional work increases the contract
price beyond the not-to- exceed price or negotiated maximum price of the
underlying contract, unless the CO:

(i) Agrees with the prime contractor and, if applicable, the
Subcontractor on a price for the additional work;

(ii) Obtains a certification from the Chief Financial Officer that there
are sufficient funds to compensate the prime contractor and, if
applicable, the Subcontractor for the additional work;

(iii) Has made a written, binding commitment with the prime contractor
to pay for the additional work within 30 days after the prime contractor
submits a proper invoice for the additional work to the CO; and

(iv) Gives written notice of the funding certification from the Chief
Financial Officer to the prime contractor;

Section 15.5.4.2 The Design-Builder is required to include in its subcontracts a
clause that requires the prime contractor to:

(i) Within 5 business days of receipt of the notice required under
subparagraph (A)(iv) of this paragraph, provide the Subcontractor with
notice of the approved amount to be paid to the Subcontractor based on the
portion of the additional work to be completed by the Subcontractor;

(ii) Pay the Subcontractor any undisputed amount to which the
Subcontractor is entitled for any additional work within 10 days of receipt
of payment for the additional work from the District; and
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(iii) If the prime contractor withholds payment from a Subcontractor,
notify the Subcontractor in writing and state the reason why payment is
being withheld and provide a copy of the notice to the CO; and

Section 15.5.4.3 The Department, Contractor, prime contractor, or a
Subcontractor are prohibited from declaring another party to the contract
to be in default or assessing, claiming, or pursuing damages for delays in
the completion of the construction due to the inability of the parties to agree
on a price for the additional work.

Section 15.5.4.4 Authorized Changes By The Contracting Officer

a. The CO is the only person authorized to approve changes in any of
the requirements of this Contract.

b. The Design-Builder shall not comply with any order, directive, or
request that changes or modifies the requirements of this Contract
unless issued in writing and signed by the CO.

c. In the event the Design-Builder effects any change at the instruction
or request of any person other than the CO, the change will be
considered to have been made without authority and no adjustment
will be made in the Contract price to cover any cost incre ase
incurred as a result thereof.

Section 15.6 Contract Work Hours And Safety Standards Act Provision.
The Design-Builder agrees that the applicable work performed under this Agreement shall be
subject to the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333).

Section 15.7 False Claims Act.
Design-Builder shall be governed by all laws and regulations prohibiting false or fraudulent
statements and claims made to DC government, including the prescriptions set forth in District
of Columbia Code §22-2514 and §§2-381.01 et seq. In the event that it is discovered that the
Design-Builder has made a false, fraudulent or unsupported statement or claim to the
Department, the Department may terminate this Agreement without liability.

Section 15.8 Interpretation of Contract and Order of Precedence.
All of the documents comprising the Agreement should be read as complementary, so that what
is called for by one is called for by all. Ambiguities shall be construed in favor of a broader
scope of Work for the Design-Builder, as the intent of the Agreement is, with specific identified
exceptions, to require the Design-Builder to assume entire responsibility for construction of the
Project. If there is any inconsistency among the documents comprising the Agreement, the order
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of precedence among them is as follows, with the first listed document having the highest
priority:

1. This Agreement and its Modifications, Change Orders, Change Directives and any Exhibits
thereto;

2. The Department’s Standard Contract Provisions (Construction Services), as amended,
and any missing term in this Agreement shall be addressed in accordance with the Standard
Contract Provisions; and

3. The Construction Documents released or approved by the Department.

Section 15.9 Independent Contractor.
The Design-Builder and the Design-Builder’s employees: (1) shall perform the services specified
herein as independent contractors, not as employees or agent of the District, or joint venture or
partner with the District; (2) shall be responsible for their own management and administration of
the work required and bear sole responsibility for complying with any and all technical, schedule,
financial requirements or constraints attendant to the performance of this Agreement; (3) shall be
free from supervision or control by any government employee with respect to the manner or method
of performance of the service specified; but (4) shall, pursuant to the government’s right and
obligation to inspect, accept or reject work, comply with such general direction of the CO, or the
duly authorized representative of the CO as is necessary to ensure accomplishment of the Agreement
objectives. The Design-Builder shall have exclusive authority to manage, direct, and control the
work, and shall be responsible for all means, methods, techniques, sequences, and procedures, as
well as for Project safety.

Section 15.10 No Third-Party Beneficiary Rights.
Nothing in this Agreement shall be construed as creating third-party beneficiary rights in any
person or entity, except as otherwise expressly provided in this Agreement.

Section 15.11 Media Releases.
Neither the Design-Builder, its employees, agents or Subcontractors or material suppliers shall
make any press release or similar media release related to the Project unless such press release
have been discussed with the Department prior to its issuance.

Section 15.12 Construction.
This Agreement shall be construed fairly as to all Parties and not in favor of or against any party,
regardless of which party prepared the Agreement.

Section 15.13 Notices.
All notices or communications required or permitted under the Agreement shall be in writing and
shall be hand delivered or sent by telecopier or by recognized overnight carrier to the intended
recipient at the address stated below, or to such other address as the recipient may have designated
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in writing. Any such notice or communication shall be deemed delivered as follows: if hand
delivered, on the day so delivered, if sent by telecopier, on confirmation of successful
transmission, and if sent by recognized overnight carrier, the next business day.

If to the Department: If to the Design-Builder:

Eric Njonjo Raed Kolaghassi
Acting Chief Procurement Officer President
Department of General Services KADCON Corporation
3924 Minnesota Avenue NE 1053 31st Street NW
Washington, DC 20019 Washington, DC 20007

This Section shall be read as imposing minimum requirements for distribution of required
contractual notices, and not as displacing distribution requirements with respect to design
documents, construction submittals, periodic reports, and other documents.

Section 15.14 Limitations.
The Design-Builder agrees that any statute of limitations applicable to any claim or suit by the
Department arising from this Agreement or its breach shall be controlled by applicable District
of Columbia law.

Section 15.15 Survival.
All agreements warranties, and representations of the Design-Builder contained in the Agreement
or in any certificate or document furnished pursuant to the Agreement shall survive termination
or expiration of the Agreement.

Section 15.16 No Waiver.
If the Department waives any power, right, or remedy arising from the Agreement or any
applicable law, the waiver shall not be deemed to be a waiver of the power, right, or remedy on
the later recurrence of any similar events. No act, delay, or course of conduct by the Department
shall be deemed to constitute the Department's waiver, which may be effected only by an express
written waiver signed by the Department.

Section 15.17 Remedies Cumulative.
Unless specifically provided to the contrary in the Agreement, all remedies set forth in the
Agreement are cumulative and not exclusive of any other remedy the Department may have,
including, without limitation, at law or in equity. The Department's rights and remedies will
be exercised at its sole discretion, and shall not be regarded as conferring any obligation
on the Department's to exercise those rights or remedies for the benefit of the Design-Builder
or any other person or entity.
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Section 15.18 Headings/Captions.
The headings or captions used in this Agreement or its table of contents are for convenience
only and shall not be used in interpreting the Agreement.

Section 15.19 Entire Agreement; Modification.
The Agreement supersedes all contemporaneous or prior negotiations, representations, course
of dealing, or agreements, either written or oral. No modifications to the Agreement shall be
effective against the Department unless made in writing signed by both the Department and
the Design-Builder, unless otherwise expressly provided to the contrary in the Agreement.
Notwithstanding the foregoing, nothing herein shall be construed to limit the Department’s
ability to unilaterally modify the Agreement.

Section 15.20 Severability.
In the event any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this Agreement, and in lieu of each such
invalid, illegal or unenforceable provision, there shall be added automatically as a part of this
Agreement a provision as similar in terms to such invalid, illegal or unenforceable provision as
may be possible and be valid, legal and enforceable; each part of this Agreement is intended to
be severable.

Section 15.21 Anti-Deficiency Act.
The Department's obligations and responsibilities under the terms of the Agreement and the
Contract Documents are and shall remain subject to the provisions of (i) the federal Anti-
Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the
District of Columbia Anti Deficiency Act, D.C. Code §§ 47-355.01 - 355.08, as the foregoing
statutes may be amended from time to time, and (iv) Section 446 of the District of Columbia
Home Rule Act. Neither the Agreement nor any of the Contract Documents shall constitute an
indebtedness of the Department, nor shall it constitute an obligation for which the Department is
obligated to levy or pledge any form of taxation, or for which the Department has levied or
pledged 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 UNLESS SUCH AMOUNT HAS BEEN
APPROVED, IS LAWFULLY AVAILABLE AND APPROPRIATED BY ACT OF
CONGRESS.

Section 15.22 Time.
Time, if stated in a number of days, will be calendar days and thus include Saturdays, Sundays,
and holidays, unless otherwise stated herein.

Section 15.23 Americans With Disabilities Act of 1990 (“ADA”). During the performance of
this Contract, the Design-Builder and any of its Subcontractors shall comply with the ADA. The
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ADA makes it unlawful to discriminate in employment against a qualified individual with a
disability. See 42 U.S.C. §12101 et seq.

Section 15.24 Contracts in Excess of One Million Dollars. Any contract in excess of $l,000,000
shall not be binding or give rise to any claim or demand against the District until approved by the
Council of the District of Columbia and signed by the Contracting Officer.

Section 15.25 Gratuities Not to Benefit Provisions.

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

Section 15.25.1 In the event the Agreement is terminated as provided in Article 16 of
this Agreement, the Department shall be entitled:

a. to pursue the same remedies against the Design -Builder as it could pursue in the
event of a breach of the Agreement by the Design-Builder; and
b. 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 Design -Builder in providing any such
gratuities.

Section 15.25.2 No member of, nor delegate to Congress, Mayor or City Council
Member, nor the Department nor employee of the District or employee of the
Department shall be admitted to any share or part of the Agreement or to any benefit
that may arise therefrom, and all agreements entered into by the CO of the Department
in which he or she be personally interested as well as all agreements made by the
Department in which the Mayor or City Council Member or employee of the District
shall be personally interested shall be void and no payments shall be made on any such
contracts by the Department; but this provision shall not be construed or extend to the
agreement if the share of or benefit to the member of, or delegate to Congress, Mayor
or City Council Member, or employee of the District is de minimis.

Section 15.26 Ethical Standards for the Department's Employees And Former Employees.
The Department expects the Design -Builder to observe the highest ethical standards and to
comply with all applicable laws, rules, and regulations governing ethical conduct or conflicts of
interest. Neither the Design -Builder, nor any person associated wi th the Design -Builder, shall
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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 Design-Builder shall not engage t he services of any person or persons
in the employment of the Department or the District for any work required, contemplated, or
performed under the Agreement. The Design-Builder may not assign to any former employee or
District employee or agent who has j oined the Design- Builder’s firm any matter on which the
former employee, while employed by the Department, had material or substantial involvement in
the matter. The Design-Builder may request a waiver to permit the assignment of such matters to
former personnel on a case-by-case basis. The Design-Builder shall include in every subcontract
a provision substantially similar to this section so that such provisions shall be binding upon each
Design-Builder or vendor.

Section 15.27 Non-Discrimination in Employment Provisions.

Section 15.27.1 District of Columbia Human Rights Act
a. The Design-Builder shall not discriminate in any manner against any employee or
applicant for employment that would constitute a violation of the District of Columbia
Human Rights Act, effective December 13, 1977, as amended (D.C. Law 2-38; D.C.
Official Code § 2-1401.01 et seq.) (“Act”, as used in this clause). The Design-Builder
shall include a similar clause in all subcontracts, except subcontracts for standard
commercial supplies or raw materials. In addition, the Design-Builder agrees, and any
subcontractor shall agree, to post in conspicuous places, available to employees and
applicants for employment, a notice setting forth the provisions of this non -
discrimination clause as provided in section 251 of the Act.

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

1. The Design-Builder shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap.
2. The Design-Builder 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:

i. Employment, upgrading, or transfer;
ii. Recruitment or recruitment advertising;
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iii. Demotion, layoff, or termination;
iv. Rates of pay, or other forms of compensation; and
v. Selection for training and apprenticeship.

3. Unless otherwise permitted by law and directed by the Department, the Design-
Builder agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Department setting forth
the provisions paragraphs 1 and 2 of Section 15.28.1(b) of this Agreement,
concerning non-discrimination and affirmative action.
4. The Design -Builder shall, in all solicitations or advertisements for employees
placed by or on behalf of the Design-Builder, state that all qualified applicants will
receive consideration for employment pursuant to the non -discrimination
requirements set forth in Section 15.27.3.
5. The Design-Builder 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 Design-Builder’s commitments under this
Section 15.27.1, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
6. The Design -Builder 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 15.27.1, and to require
under terms of any Subcontractor agreement each Subcontractor to permit access
of the Subcontractors, books, records, and accounts for such purposes.
7. The Design-Builder shall include in every subcontract this Section 15.27.1 so that
such provisions shall be binding upon each subcontractor or vendor.
8. The Design-Builder shall take such action with respect to any subcontract as the
CO may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Design-Builder becomes
involved in, or is threatened with, litigation with a Subcontractor or vendor as a
result of such direction by the Department, the Design- Builder may request the
District to enter into such litigation to protect the interest of the District.

Section 15.27.2 Pregnant Workers Fairness

a. The Design-Builder shall comply with the Protecting Pregnant Workers Fairness
Act of 2016, D.C. Official Code § 32-1231.01 et seq. (PPWF Act).
b. The Design-Builder shall not:

1. Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an
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employee, unless the Design- Builder can demonstrate that the accommodation
would impose an undue hardship;
2. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of
employment, including failing to reinstate the employee when the need for
reasonable accommodations ceases to the employee's original job or to an
equivalent position with equivalent:
i. Pay;
ii. Accumulated seniority and retirement;
iii. Benefits; and
iv. Other applicable service credits;
3. Deny employment opportunities to an employee, or a job applicant, if the denial
is based on the need of the employer to make reasonable accommodations to the
known limitations related to pregnancy, childbirth, related medical conditions, or
breastfeeding;
4. Require an employee affected by pregnancy, childbirth, related medical
conditions, or breastfeeding to accept an accommodation that the employee
chooses not to accept if the employee does not have a known limitation related to
pregnancy, childbirth, related medical conditions, or breastfeeding or the
accommodation is not necessary for the employee to perform her duties;
5. Require an employee to take leave if a reasonable accommodation can be
provided; or
6. Take adverse action against an employee who has been absent from work as a
result of a pregnancy-related condition, including a pre-birth complication.

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

1. New employees at the commencement of employment;
2. Existing employees; and
3. An employee who notifies the employer of her pregnancy, or other condition
covered by the PPWF Act, within 10 days of the notification.

d. The Design-Builder shall provide an accurate written translation of the notice of
rights to any non-English or non-Spanish speaking employee.

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

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Section 15.27.3 UNEMPLOYED ANTI-DISCRIMINATION

a. The Design-Builder shall comply with the Unemployed Anti-Discrimination Act of
2012, D.C. Official Code § 32- 1361 et seq. (“Anti- Discrimination Act”).

b. The Design-Builder shall not:

1. Fail or refuse to consider for employment, or fail or refuse to hire, an individual
as an employee because of the individual's status as unemployed; or
2. Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
i. Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
ii. Any provision stating or indicating that an employment agency will not
consider or hire an individual for employment based on that individual's
status as unemployed.

c. Violations of the Unemployed Anti -Discrimination Act shall be subject to civil
penalties as described in the Anti-Discrimination Act.

Section 15.28 ASSIGNMENT OF CONTRACT PAYMENTS

a. Subject to this Section 15.28, in accordance with Title 27 DCMR Section 3250, the
Design-Builder may assign due or to become due as a result of the performance of
this Design-Builder to a bank, trust company, or other financing institution funds.
b. Any assignment shall cover all unpaid amounts payable under this Agreement and
shall not be made to more than one party.
c. Notwithstanding an assignment of Contract payments, the Design- Builder, not the
assignee, is required to prepare invoices. Where such an assignment has been made,
the original copy of the invoice must refer to the assignment and must show that
payment of the invoice is to be made directly to the assignee as follows:

“Pursuant to the instrument of assignment dated ___________, make payment of this
invoice to (name and address of assignee).”

Section 15.29 FREEDOM OF INFORMATION ACT (“FOIA”)

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2- 532 (a- 3),
requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public function, to
the same extent as if the record were maintained by the agency on whose behalf the contract is
made. If the Design -Builder receives a request for such inf ormation, the Design -Builder shall
immediately send the request to the Department which will provide the request to the FOIA
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Officer for the agency with programmatic responsibility in accordance with the D.C. Freedom of
Information Act. If the agency with programmatic responsibility receives a request for a record
maintained by the Design-Builder pursuant to the Contract, the Department will forward a copy
to the Design- Builder. In either event, the Design- Builder is required by law to provide all
responsive records to the Department within the timeframe designated by the Department . The
FOIA Officer for the agency with programmatic responsibility will determine the releasability of
the records. The District will reimburse the Design-Builder for the costs of searching and copying
the records in accordance with D.C. Official Code §2- 532 and Chapter 4 of Title 1 of the D.C.
Municipal Regulations.

Section 15.30 CAMPAIGN FINANCE REFORM ACT

Prior to the execution of this Contract, the Design- Builder shall complete and submit to the
Department a completed Campaign Finance Reform Act Self -Certification Form, Exhibit T,
pursuant to D.C. Official Code § 1-1161.01.

Section 15.31 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01
et seq
Section 15.31.1 Nonprofit organizations, as defined in the Act, shall include in their rates the
indirect costs incurred in the provision of goods or performance of services under this contract
pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement
(NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
1. As calculated using a de minimis rate of 10% of all direct costs under this contract;
2. By negotiating a new percentage indirect cost rate with the awarding agency;
3. As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit organization
may request to renegotiate indirect costs rates in accordance with Section 15.31.2; or
4. As calculated with a percentage rate and base amount, determined by a certified public
accountant, as defined in the Act, using the nonprofit organization's audited financial statements
from the immediately preceding fiscal year, pursuant to the OMB Uniform Guidance, and
certified in writing by the certified public accountant.
Section 15.31.2 If this contract is funded by a federal agency, indirect costs shall be consistent
with the requirements for pass -through entities in 2 C.F.R. § 200.331, or any successor
regulations.

Section 15.32.3 The Contractor shall pay its subcontractors which are nonprofit organizations the
same indirect cost rates as the nonprofit organization subcontractors would have received as a
prime contractor.

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Article 16 TERMINATION OR SUSPENSION

Section 16.1 All terminations or suspensions arising out of or under this Agreement shall be in
accordance with the terms of the Standard Contract Provisions (Construction Contracts and
Architectural/Engineering Services Contracts).
Section 16.2 Failure to Agree Upon GMP.

The Department shall have the right to terminate this Agreement in the event that the Department
and the Design-Builder are unable to agree upon a GMP for the Project and the Department
shall have the right, but not the obligation, to assume any of the Design-Builder’s trade
subcontracts upon such terms and conditions as requested by the Department. The Department’s
decision to terminate under this Section shall be made in the Department’s sole and absolute
judgment and shall not be subject to review by any reviewing body, including, but not limited
to, arbitrators appointed under this Agreement or any court of competent jurisdiction.

Section 16.3 Termination for Default.

The Department may terminate the Agreement for default if the Design-Builder fails to perform
any of its duties or obligations under the Agreement. In particular, but without limitation, the
Department may terminate the Agreement if:

1. The Design-Builder fails to perform the Work diligently, in accordance with the
Project Schedule or to make such progress in the Work as the Department reasonably
believes is necessary to complete the Project within the time required by the
Agreement; or
2. The Design-Builder fails to perform the Work in a good and workmanlike manner
or to correct defects in the Work promptly upon notice by the Department; or
3.
The Department reasonably determines that the Design-Builder has abandoned the
Work, or has failed to pay laborers, mechanics, materialmen, Subcontractors or
suppliers when payment is due; or
4. The Design-Builder becomes insolvent, makes an assignment for the benefit of
creditors, files a voluntary petition under any chapter of the Bankruptcy Code or
has an involuntary petition filed against it under any chapter of the Bankruptcy
Code, or the Design-Builder has a receiver appointed, or files for dissolution or
otherwise is dissolved; or
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5. The Design-Builder fails to pay its debts in a timely manner or becomes insolvent,
the Department reasonably determines that the Design-Builder does not have the
financial ability to carry out its obligations under the Agreement and the Design-
Builder fails to give the Department prompt and reasonable assurances of its ability to
perform.

Section 16.3.1 The Department shall provide the Design-Builder with written notice of
its intent to terminate the Agreement, under this Section.

Section 16.3.2 If the Department terminates the Agreement for default, the Department
will have the right to take over the Work, to accept assignment of some or all
Subcontracts or agreements with material suppliers, to take possession of the Project,
to take and use all tools, equipment and supplies then being used in connection with
the Work, and to finish the Project by whatever method it deems expedient, including
accepting assignment of all outstanding Subcontracts and Supply Agreements.

Section 16.4 Termination for Convenience.

The Department may, upon seven (7) calendar days written notice to the Design- Builder,
terminate the Contract in whole or specified part, for its convenience, for any reason whether the
Design-Builder is in breach of contract or not. The notice of termination shall state the effective
date of termination, the extent of the termination, and any specific instructions. The termination
for convenience that arises out of or under this Agreement shall be in accordance with the terms
of the Standard Contract Provisions.

Section 16.5 Continued Responsibility After Termination.

If the Design-Builder is terminated, for default, for Convenience or otherwise, the Design-Builder
shall remain responsible for defects or non-conformities in all Work performed to the date of the
termination.

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Article 17 OTHER CONDITIONS AND SERVICES

This Agreement and the rights and obligations of the Department and Design-Builder herein
are subject to the approval of the Council for the District of Columbia.

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Article 18 CHANGES IN THE WORK

Section 18.1 Changes Authorized.
In accordance with the Standard Contract Provisions (Construction Contracts), the Department
may, without invalidating the Agreement, and without notice to or approval of any surety, order
changes in the Work, including additions, deletions or modifications. Any such change must be
conveyed by the Department to the Design-Builder via written Change Directive or Change
Order.

Section 18.2 Executed Change Directive/Change Order Required.
Only a written Change Directive or Change Order, executed by the Department, may make
changes to the Agreement. In particular, but without limitation, a written Change Directive or
Change Order executed by the Department is the only means by which changes may be made to
the Substantial or Final Completion Dates, the Design-Build Fee, or the GMP.

Section 18.3 Department-Initiated Changes

1. If the Department wishes to make a change in the Work or to accelerate the Work, it will
execute and issue to the Design-Builder a written Change Directive, either directing the Design-
Builder to proceed at once with the changed Work or directing it to not to proceed, but to inform
the Department, in writing, of the amount, if any, by which the Design-Builder believes that
Substantial or Final Completion Dates and/or the GMP should be adjusted to take the Change
Order or Change Directive into account.

2. Within ten (10) days of receiving a Change Directive, the Design-Builder shall provide
the Department with a written statement of all changes in the Agreement, including, without
limitation, any changes to the Substantial or Final Completion Dates or the GMP to which it
believes it is entitled as a result of the Change Directive. If additional time is sought, a schedule
analysis supporting the requested extension should be included. The schedule analysis should
include a written narrative explanation. If a change in the GMP is sought (or if the Department
has requested a deduct change), the statement should include a breakdown, by line item, of the
estimated cost changes attributable to the proposed change. The Department may request, and
the Design-Builder shall provide, further cost breakdowns, clarifications, documentation or
back-up if the Department reasonably believes such additional information is needed to
understand and evaluate the request. The additional information required may include cost
and pricing data in accordance with the Department’s regulations. Any requested adjustment to
the GMP shall be limited to increased Cost of the Work due to the Change Directive. The Design-
Builder is not entitled to any markup on any kind of Change Orders except as authorized in
Section 18.8, and if so authorized, any mark-up shall be in accordance with Section 18.11.

3. If the Department has not yet directed the Design-Builder to proceed with the change
described by a Change Directive, the Department may rescind it. If the Department wishes
to proceed, or has already directed the Design-Builder to proceed, the Design-Builder shall
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immediately proceed with the changed Work and, the Department and the Design-Builder shall
use their good faith best efforts to reach an agreement upon the modifications to the Substantial
or Final Completion Dates, and/or the GMP that are justified by the Change Directive. If the
Department and the Design-Builder reach agreement, the agreement shall be set forth in a
Change Order and the Design-Builder shall also execute it, at which point it will become binding
on both Parties.

4. If the parties fail to reach an agreement within sixty (60) days after the Department receives
the Design-Builder’s detailed statement pursuant to Section 18.3.2, and such other documentation
as the Department may request, the Design -Builder may assert a claim in accordance with the
Agreement. In such a case, and subject to adjustment via the claims and disputes process, the
Department shall unilaterally grant the Design-Builder such adjustments, if any, to the Substantial
or Final Completion Dates, the GMP , and/or the Preconstruction or Design- Build Fee as the
Department has judged to be appropriate.

Section 18.4 Notice of Change Event.
The Design-Builder must give the Department written notice of any Change Event within
ten (10) calendar days of the date on which the Design-Builder knew, or reasonably should have
known, of the Change Event. To the extent available, the notice must state the nature of the
Change Event and describe, generally, all changes in the Agreement to which the Design-Builder
believes it is entitled. Such notice is an express condition precedent to any claim or request for
adjustment to the Substantial or Final Completion Dates, or the GMP arising from the Change
Event and, if the notice is not given within the required time, the Design-Builder will have
waived the right to any adjustment to the Substantial or Final Completion Dates, or the GMP
arising from the Change Event.

Section 18.5 Detailed Change Request.
Within twenty (20) days after giving notice of a Change Event, the Design-Builder shall submit a
written Change Request to the Department describing, in reasonable detail, all adjustments it
seeks to the Substantial or Final Completion Dates or the GMP as a result of the Change Event.
The Change Request shall include the same information as described in Section 18.3 with
respect to any Agreement changes the Design-Builder seeks due to the Change Event, and the
amount of any requested adjustment to the GMP shall be limited in accordance with that Section
18.3.

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Section 18.6 Changes to GMP.
Subject to the condition precedent that the Design-Builder have complied with the notice
and documentation provisions of this Article, and subject to the limitations stated in this
Agreement, the Design-Builder is entitled to an adjustment to the GMP in the following cases:

1. If the Department issues a Change Directive or Change Order that directs the
Design-Builder to proceed with work which is beyond the scope of Work
included within this Agreement; or

2. The Design-Builder encounters Differing Site Conditions or Hazardous
Materials not identified in the Preconstruction Phase.

Section 18.7 Deductive Change Orders.
The Department reserves the right to issue deductive Change Orders (reducing the GMP or
modifying the Substantial or Final Completion Dates to an earlier date) when changes are
effected, by Change Directive or otherwise, which will decrease the cost of completing the
Work or the time within which it can be completed.

Section 18.8 No Adjustments to Fee.
The Design-Builder understands and agrees that the Design-Build Fee shall not be increased
or decreased as a result of any Change Orders or Change Directive. In furtherance of this
understanding, the Design-Builder agrees that it shall not be entitled to an increase in the Lump
Sum General Conditions Cost, or the Design-Build Fee by virtue of changes authorized by
the Department unless such changes fall outside the general scope of work contemplated by
this Agreement. The term general scope of work shall mean a state-of-the-art recreation center
facility that is consistent with the Department’s program of requirements and incorporates
sustainable design initiatives. Without limiting the generality of the foregoing, it is understood
and agreed that the Design-Builder shall not be entitled to any additional fees or general
conditions unless (i) the Department makes additions to the scope provided for in this
Agreement that cause the GMP, either individually or in the aggregate, to increase by more
than ten percent (10%); or (ii) the Department makes additions to the scope provided for
herein which (other than for punchlist or warranty work) require the Design-Builder’s services
for the Project to extend beyond 30 days after Substantial Completion.

Section 18.9 Executed Change Orders Final.
The Design-Builder agrees that any Change Order executed by the Department and Design-
Builder constitutes its full and final adjustment for all costs, delays, disruptions, inefficiencies,
accelerations, schedule impacts, or other consequences arising from the change in question,
whether a Change Directive, or a Change Event, or from any claimed cumulative effect of
changes made to the date of the Change Order, and that no further adjustments in compensation
or time shall be sought or made with respect to the Change Directive or the Change Event giving
rise to the Change Order. Although the Parties anticipate that most Change Orders will not require
an adjustment to the Cost of General Conditions, if the Work described in a Change Order requires
an increase or decrease in the Lump Sum General Conditions Cost (i.e. because such a Change
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requires additional field staff or other equipment that would be classified as General Conditions
Costs), the Change Order shall contain an increase to the Design-Build Fee adjusting such amount.
The cost of processing a Change Order shall not be considered an event that will require an increase
in the Lump Sum General Conditions Cost.

Section 18.10 Failure to Agree.
If the Design-Builder claims entitlement to a change in the Agreement, and the Department
does not agree that any action or event has occurred to justify any change in time or
compensation, or if the Parties fail to agree upon the appropriate amount of the adjustment in time
or compensation, the Department will unilaterally make such changes, if any, to the Agreement,
as it determines are appropriate pursuant to the Agreement. The Design-Builder shall proceed
with the Work and the Department's directives, without interruption or delay, and shall make a
claim as provided in Article 18 herein. Failure to proceed due to a dispute over a change
request shall constitute a material breach of the Contract and entitle the Department to all
available remedies for such breach, including, without limitation, termination for default.

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Article 19 CLAIMS & DISPUTE RESOLUTION
All claims or disputes arising out of this Agreement shall be governed by the terms of the Standard
Contract Provisions (Construction Contracts and Architectural and Engineering Services).
Section 19.1 All claims or disputes arising out of this Agreement shall be governed by the terms
of the Standard Contract Provisions (Construction Contracts and Architectural and Engineering
Services).
Section 19.2 Notwithstanding any other provision of this Agreement to the contrary, neither
party including its officers, agents, servants, and employees, shall be liable to the other for lost
profits or any special, indirect, incidental, or consequential damages in a ny way arising out of
this Agreement however caused under a claim of any type or nature based on any theory of
liability (including, but not limited to contract, tort, or warranty) even if the possibility of such
damages has been communicated.

For the avoidance of confusion, the Parties agree that this provision does not affect the
Department’s ability to assess Liquidated Damages as set forth in Section 14. Furthermore, the
Parties agree that any acceleration costs required to complete the modernization work described
in this agreement shall not be considered consequential damages for purposes of this provision.

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of

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Article 20
–

EXHIBITS

IN

WITNESS

WHEREOF
,

the

Parties

have

executed

this

Agreement

(
DCAM
-
23
-
CS
-
RFP
-
00
29
)

through

their

duly

authorized

representatives

as

of the

last
date

written

below.

Exhibit A
1

–

Upshur As
-
Built Drawings

Exhibit A2
–

DPR Standards for Recreation Facilities

Exhibit B
–

Project Schedule

Exhibit C
–

Deliverable List

Exhibit D
–

Preliminary
Subcontracting Plan

Exhibit E
–

Service Contract Act

Exhibit F
–

Key Personnel

Exhibit G1
–

Davis Bacon Act Wage Determination

Exhibit G2
–

Title 29 Code of Federal Regulations

Exhibit H
–

Design
-
Builder’s Designated Representatives

Exhibit I
–

Department’s Designated Representatives

Exhibit J1
–

Standard Contract Provisions, General Provisions (Construction Contracts)

Exhibit J2
–

Standard Contract Provisions (Architecture/Engineering)

Exhibit K
–

Form of Lien Waivers

Exhibit L
–

Form of GMP Amendment

Exhibit M
–

Reserved

Exhibit N
–

FF&
E and Close
-
Out Deliverable

–

(FF&E will be provided at the time of

GMP)

Exhibit O
–

Subcontractor Performance Evaluation Form

Exhibit P
–

At
-
Risk Portion of Design
-
Build Fee

Exhibit Q
–

2025 Living Wage Act

Exhibit R
–

Building Information Modeling (BIM)

Exhibit S
–

Equal Employment Opportunity Policy

Exhibit T
–

Campaign Finance Reform Act Self
-
Certification Form

DEPARTMENT

OF

GENERAL

KADCON CORPORATION

SERVICES
,

an

agency

within the
executive

branch

of the

Government of the
District

of Columbia

Signature
:

Signature
:

Name:

Tit
le:

Date:

Name:

Its:

Date:

Riad Kadissi
Chairman
4/23/2025
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F
OC Exhibits
[EXHIBITS WILL APPEAR ON THE FOLLOWING PAGES]
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Exhibit A1
U
pshur As-Built Drawings
(Click on the Link below)
U
pshur As-Built Files
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Exhibit A2
DPR Standards for Recreation Facilities
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Page 1

SPECIFICATIONS
FOR RECREATION
CENTERS FACILITIES

D e p a r t m e n t o f P a r k s a n d
R e c r e a t i o n - C a p i t a l
P l a n n i n g & D e s i g n
1 2 7 5 F i r s t S t r e e t , N E
2 0 2 6 7 3 - 7 6 4 7

5 / 1 / 2 0 2 0
DPR Capital Projects
THIS DOCUMENT OUTLINES MINIMUM
DESIGN STANDARDS THAT SHOULD BE TAKEN
INTO CONSIDERATION WHILE DESIGNING ANY
RECREATION CENTER FACILITY.

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Contents
Introduction ..................................................................................................................................... 6
Definition of Recreation Centers specifications.......................................................................... 6
Principal aims and objectives of this document .......................................................................... 6
A successful RC Specifications process...................................................................................... 6
Recreation centers specifications Content................................................................................... 6
OVERVIEW ................................................................................................................................... 7
DPR vision .................................................................................................................................. 7
DPR Mission ............................................................................................................................... 7
Recreation Centers facilities........................................................................................................ 7
Classification ............................................................................................................................... 7
GENERAL SPECIFICATIONS ..................................................................................................... 8
Site selection ............................................................................................................................... 8
Location .................................................................................................................................. 8
Size .......................................................................................................................................... 9
External appearance ................................................................................................................ 9
Structures ................................................................................................................................ 9
Public Safety and Security .......................................................................................................... 9
Accessibility ................................................................................................................................ 9
Community Use......................................................................................................................... 10
SPECIFIC SPECIFICATIONS ..................................................................................................... 10
Indoor spaces ............................................................................................................................. 10
Entrance, Lobby and Reception ............................................................................................ 10
Staff Office............................................................................................................................ 13
Locker Rooms ....................................................................................................................... 13
Multipurpose Room .............................................................................................................. 17
Kitchen (Demonstration) ...................................................................................................... 17
Kitchen (Warming) ............................................................................................................... 18
Computer lab ......................................................................................................................... 18
Boxing room ......................................................................................................................... 18
Fitness room .......................................................................................................................... 19
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Signage (Interior) .................................................................................................................. 22
Gymnasium ........................................................................................................................... 24
Senior Room / Lounge .......................................................................................................... 44
Teen Room / Lounge ............................................................................................................ 44
Indoor Pool Locker Rooms ................................................................................................... 45
Children’s Co-op Room ........................................................................................................ 45
Commercial Water Closets ................................................................................................... 45
Commercial Urinals .............................................................................................................. 48
Commercial Lavatories ......................................................................................................... 51
Commercial Sinks ................................................................................................................. 54
Commercial Showers, Receptors, and Basins ....................................................................... 59
Water Fountains (Indoor Pressure Water Coolers) ............................................................... 61
Interior Lighting .................................................................................................................... 63
Restroom (Family) ................................................................................................................ 73
Restroom (Men’s Standard) .................................................................................................. 73
Restroom (Women’s Standard)............................................................................................. 73
Restroom Accessories ........................................................................................................... 74
Storage Room........................................................................................................................ 76
Doors and windows............................................................................................................... 76
Electrical Room .................................................................................................................... 76
Mechanical Room ................................................................................................................. 76
Video Equipment .................................................................................................................. 76
Audio Visual Systems ........................................................................................................... 78
Audio Visual Systems – Gymnasium .............................................................................. 78
Digital, Addressable Fire Alarm System ....................................................................... 78
Site Clearing (Landscape) ..................................................................................................... 78
Earth Moving (Landscape) ................................................................................................... 78
Splash Pads ........................................................................................................................... 78
Splash Pad Protective Surfacing ........................................................................................... 78
Playground Surfacing............................................................................................................ 78
Ornamental Fencing and Gates ............................................................................................. 78
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Chain Link Fencing and Gates .............................................................................................. 78
Turf and Grasses ................................................................................................................... 78
Concrete Paving .................................................................................................................... 78
Plants ..................................................................................................................................... 78
Irrigation ............................................................................................................................... 78
Generators .......................................................................................................................... 78
Mirrors ................................................................................................................................ 78
Roller Window Shades ..................................................................................................... 78
Evacuation Maps ............................................................................................................... 78
Gender Neutral Restrooms ............................................................................................. 78
..................................................... 79
Fire Extinguishers and Cabinets ........................................................................................... 79
Projection Screens ................................................................................................................. 82
Television Mounting Brackets .............................................................................................. 83
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Flagpoles ............................................................................................................................... 85
IT Server Room..................................................................................................................... 86
Janitor’s Closet...................................................................................................................... 86
Elevators ............................................................................................................................. 86
Keying ................................................................................................................................... 86
Outdoor spaces .......................................................................................................................... 89
Tennis court .......................................................................................................................... 89
Basketball Court.................................................................................................................... 89
Playground ............................................................................................................................ 89
Outdoor pool ......................................................................................................................... 89
Skate Park ............................................................................................................................. 89
Spray Park ............................................................................................................................. 89
Outdoor Fitness ..................................................................................................................... 89
Dog Park ............................................................................................................................... 89
Walking path / Track ............................................................................................................ 89
Include Dropbox Information ............................................................................................... 89
Bicycle Storage and Shower Rooms ..................................................................................... 89
Exterior Lighting ............................................................................................................... 89
Landscaping ............................................................................................................................ 97
Soils ...................................................................................................................................... 97
Seeding and Sodding ......................................................................................................... 97
Security ......................................................................................................................................... 98
Signage .......................................................................................................................................... 98
General .......................................................................................................................................... 99
Lighting ......................................................................................................................................... 99
Systems ......................................................................................................................................... 99

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Introduction
Definition of Recreation Centers specifications
Recreation centers facilities provide a range of ac tivities and services that encourage community
cohesion, improve public health, foster civic bonds and quality of life. They are considered by
the department of parks and recreation as a highly important community resource.
Regarding the facility’s anticipated uses, the pres ent document outlines minimum design
standards that should be taken into consideration while designing any recreation center facility. It
addresses the individual spaces required in the bui lding and the desired characteristics of each
space in general terms.
Principal aims and objectives of this document
The review of Recreation centers facilities has bee n undertaken to guide future planning across
DC. Provision of RC facilities has been considered in terms of quality, quantity and accessibility.
The main objectives are:
1. Set up a pre-design definition of a recreation center facility for the 4 types;
2. List the space requirements in the facility;
3. Explain the Functional relationships;
4. Define the building system requirements;
5. Address the desired characteristics of each space i ncluding furniture and equipment
with their description.
A successful RC Specifications process
Planning and development of all recreation centers facilities is a collaborative process involving
the neighborhood citizens, the community leaders an d all relevant departments like the local
police and fire chiefs who should be asked for inpu t on safety for example. Community
consultation with residents in the identification o f the RC program is an important principle in
the development of the DPR facilities. Meetings hav e to be held at least 3 times : predesign
phase, final design phase and the kick off meeting with the BD firm to start the construction.
DPR conduct the needs assessment each 5 years for d etermining and addressing needs, or "gaps"
between current conditions and desired conditions o r "wants" of DC population. It also provides
an indication of public opinion and some meaningful statistics. Add statistics or any relevant data
from surveys.
Recreation centers specifications Content
The following categories are the contents of each indoor and outdoor spaces:
1. Purpose;
2. Users;
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3. Activities;
4. Space requirements;
5. Spatial relationships;
6. Finishes;
7. Doors & windows;
8. Building system requirements:
a. Mechanical;
b. Plumbing;
c. Electrical & lightning;
d. Technology.
9. Furniture & equipment;
10. Special considerations.
OVERVIEW
DPR vision
To be America’s Gold Standard for Parks and Recreat ion agencies and to be THE place in the
District of Columbia where the fun happens .
DPR Mission
To provide equal and open access to Gold Standard recreational programs, services, and facilities
– across all 8 Wards.
Recreation Centers facilities
Recreation centers are everywhere in the city. DPR provides essential recreation services to
residents, workers, and visitors. The District owns and manages 73 recreation centers throughout
the District’s neighborhoods, which gives it one of the highest number of recreation centers per
capita nationwide.
Recreation Center facilities include all indoor community halls and areas, regardless of size, and
indoor youth and senior centers. Many of the facilities are multi-functional, providing local space
for early childhood education; computer labs; class rooms; gymnasiums; fitness rooms and
others. Some of the larger facilities also offer sp ort, recreation opportunities and aquatics
facilities.
Classification
DPR plans for the provision of recreation centers f acilities according to a classification
corresponding to the residential development units outlined in the DC.Census. The hierarchy is
based on the neighborhood as the central core and r adiates to larger units and special uses. The
RC classification consists of Neighborhood Center-NC, Urban Center-UC, Community
Center-CC and District Center-DC.
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Neighborhood Center-NC 7,500 – 15,000 SF 1 Mile from every resident
Purpose NC is small -scale, focusing on……..
Function
Size Min:
Max:
Capacity
Urban Center 15,000 – 30,000 1.5 Miles from every resident
Purpose
Function
Size Min:
Max:
Capacity
Community Center-CC 30,000 – 50,000 2 Mile from every resident
Purpose
Function
Size Min:
Max:
Capacity
District Center-DC 60,000 – 90,000 3 Mile from every resident
Purpose
Function
Size Min:
Max:
Capacity
GENERAL SPECIFICATIONS
Principles/laws/guidelines!?
It is important to point out that LEED Certificatio n is a desired outcome. The building design
and construction of all DPR facilities are green bu ildings under LEED v4. and most of the
following specifications are including USGBC requirements.
Site selection
Location
DPR develops its projects on appropriate sites in a reas with existing infrastructure, avoiding all
sensitive lands. DPR’s work aims to reduce the environmental impact of new projects.
It is desirable that the site’s location is within the boundary of a development certified under
LEED for Neighborhood Development (Stage 2 or Stage 3 under the Pilot or 2009 rating
systems, Certified Plan or Certified Project under the LEED v4 rating system).
All DPR’s projects promote walkability and target 1 Mile of home for every resident which
reduces motor vehicle use, thereby reducing greenho use gas emissions, air pollution, and other
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environmental and public health harms associated wi th motor vehicle use. The projects are also
located on a site whose surrounding existing densit y within a ¼-mile radius of the project
boundary.
Play fields should not be placed in low lying areas prone to retaining water.
DPR assesses site conditions before design to evalu ate sustainable options and inform related
decisions about site design.
Size
The site’s size must meet the minimum state require ments for size for all the different facilities :
Neighborhood Center-NC, Urban Center-UC, Community Center-CC and District Center-
DC.
External appearance
The recreation center (RC) boundaries are to be con figured in such a way as to optimize visual
access into the site and to the building.
Structures
Structures should be designed to resist vandalism.
Public Safety and Security
RC users’ safety is an important component of recre ation centers design and must be considered
early in the design process.
Prior to construction, RC designs should be reviewed by the appropriate division to ensure
pedestrian linkages are consistent with the neighborhood existing pedestrian infrastructure.
Accessibility
Accessibility for people with disabilities is a pri ority for the DPR, and all the facilities should
strive for an overall environment which is accessib le and provides a fulfilling recreational
experience for all people.
To ensure comprehensive accessibility, the design and construction of RC amenities should
comply with current
design standards for accessibility.
Parking is a requirement in the design of RCs and i s incorporated based on the program function
but in the meanwhile it mustn’t exceed the minimum local code requirements for parking
capacity.
If the intent is to use on-street parking for users of the RC, it is desirable to provide a sidewalk
adjacent to the curb to connect to RC accesses.
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DPR installs electrical vehicle supply equipment (EVSE) in 2% of all parking spaces used by the
project and clearly identifies and reserves these s paces for the sole use by plug-in electric
vehicles.
Environmental Conditions
RC design should recognize and, where possible, tak e advantage of natural site features
including sloping land, existing vegetation, riverbank areas, and water bodies identified in a early
stage of the site selection.
Protect key natural and cultural resources that are valuable to the community (Complete from the
LEED certification rating system.
Community Use
The recreation centers facilities provide a wide ra nge of services. ( List all the services provided
by RC)
SPECIFIC SPECIFICATIONS
Indoor spaces
Entrance, Lobby and Reception
• All entrance doors should have push button automatic door openers for maximum ADA
accessibility.
• Main entrance door should include a “People Counter” system. BOD – SenSource
ClearCount 3DX with AI.
• Reception desk must be ADA accessible and able to accommodate at least two
employees as well as infrastructure to support a third computer station for security
camera monitoring.
• Lobby should be welcoming include:
o DPR Signage
o Wall-mounted 72” televisions
• Reception Desk should include:
o One desktop computer (per staff member stationed at reception desk)
o One desktop computer for security camera.
o Electrical and data outlets needed to operate the computers, phones, and another
other systems housed at reception desk.
o Telephone (one per employee stationed at reception desk).
o Task Chairs (KI Furniture, Altus Mesh – ALTMFA – Plastic Base, Hard Floor
Casters, Color – Grey Mesh)
o Actual desk should provide access to accommodate a visitor that might arrive in a
wheelchair.

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Entrance Floor Grilles
General
1. Work Included
a. Provide recessed entrance grilles and frames.
2. Job Conditions
a. Coordination: Coordinate concrete slab placement wi th installation of recessed
frame. Field verify location, shape and size of mat.
3. Delivery, Storage, and Handling
a. Delivery: Deliver materials in Manufacturer’s origi nal, unopened, undamaged
packaging.
b. Storage: Store materials at temperature and in humi dity conditions recommended
by manufacturer and protect from exposure to harmful weather conditions.
Products
1. Manufacturers
a. Basis of Design: Drawings and specifications are based on Advanced Track Foot
Grille by MATS INC.
b. Other Manufacturers: Subject to compliance with requirements, products by the
c. following are acceptable:
i. ARDEN ARCHITECTURAL SPECIALTIES, INC.
ii. BALCO, INC.
iii. C/S GROUP.
iv. J. L. INDUSTRIES, INC.
v. KADEE INDUSTRIES, INC.
vi. PAWLING CORPORATION; ARCHITECTURAL PRODUCTS
DIVISION.
vii. REESE ENTERPRISES, INC.
d. Regulatory Requirements: Comply with applicable provisions in the U.S.
Architectural & Transportation Barriers Compliance Board's ADA-ABA
Accessibility Guidelines for Buildings and Facilities and ICC A117.1
2. Grill and Frame Description
a. Grill
i. Construction: Bolt-thru design with individual aluminum spacers. Swedge,
welded and key lock fastening of rails is not allowed.
ii. Material: Aluminum Alloy type 6061-T6.
iii. Drying Inserts: Nylon.
iv. Dimension: Grille depth to be 1-1/2 ”, with frame 1-5/8 ”
v. Grille Sizes and Layouts: As indicated.
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b. Frame: Provide manufacturer's standard frames of size and style for grille type,
for permanent recessed installation in subfloor, complete with installation
anchorages and accessories. Unless otherwise indicated, fabricate frame of same
material and finish as grilles.
c. Drain Pan: Provide manufacturer's standard, 0.060-inch- thick, stainless-steel
sheet drain pan with NPS 2 drain outlet for each floor-grille unit. Coat bottom of
pan with protective coating recommended by manufacturer. ASTM A 666, Type
304.
3. Fabrication
a. Shop fabricated floor grilles to greatest extent possible in sizes as indicated.
Unless otherwise indicated, provide each grille as a single unit; do not exceed
manufacturer's recommended maximum sizes for units that are removed for
maintenance and cleaning. Where joints in grilles are necessary, space
symmetrically and away from normal traffic lanes.
b. Fabricate frame members in single lengths or, where frame dimensions exceed
maximum available lengths, provide minimum number of pieces possible, with
hairline joints equally spaced and pieces spliced together.
4. Finishes
a. Aluminum: Mill finish.
b. Stainless Steel: Mill finish.
Execution
1. Examination
a. Examine substrates and floor conditions for compliance with requirements for
location, size, minimum recess depth, and other conditions affecting installation
of floor grilles and frames.
b. Examine roughing-in for drainage piping systems to verify actual locations of
piping connections before floor grille and frame and drain pan installation.
c. Proceed with installation only after unsatisfactory conditions have been corrected.
2. Installation
a. Install recessed floor grilles and frames and drain pans to comply with
manufacturer's written instructions at locations indicated and with top of floor
grilles and frames in relationship to one another and to adjoining finished flooring
as recommended by manufacturer. Coordinate top of floor-grille surfaces with
doors that swing across grilles to provide clearance under door.
3. Protection
a. After completing frame installations, provide temporary filler of plywood or
fiberboard in floor-grille recesses and cover frames with plywood protective
flooring. Maintain protection until directed by Architect to remove.

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Staff Office
• Should house AED machine (LIFEPAK Series 1000 Defibrillator System; Both Infant
and Adult Both baby and adult pads are required and a wall cabinet for storage)
• Rectangular Workstations (KI Furniture, 700 Desking System, Base Color – North Sea,
Top Color – Kensington Maple)
• Task Chairs (KI Furniture, Altus Mesh – ALTMFA – Plastic Base, Hard Floor Casters,
Color – Grey Mesh)
• Couch (KI Furniture, Size TBD, Flex Multiple FO33)
• Filing Cabinets
• PA System
Locker Rooms
• SF determined by code requirements
• Slip-Resistant Epoxy flooring with EBC base
• ACT ceiling
• Tile on walls: running bond throughout
• Sanitary disposal bin; Bobrick (B-277 Surface Mounted)
• Toilet paper dispenser; Bobrick (B-2892)
• Grab bar – transfer shower; Bradley Corp (812 series – safe grip)
• Grab bar – toilet; Bradley Corp (812 series – safe grip)
• Baby changing seat; Koala Care (KB110-SSWM)
• Hand dryer; Bradley Corp (2902-2874 SS)
• Mirrors as recommended
• ADA shower seat; Bradley Corp (Reversible shower seat 9569)
• Changing bench with back ADA; Hollman Inc. (Butcher Block Bench
• 20”W x 48”L x 18”H w/ stainless steel “T” legs and back supports)
• Changing bench ADA; Hollman Inc. (Butcher Block Bench 20”W x
• 48”L x 18”H w/ stainless steel “T” legs)
• Standard toilet partition; Bradley Corp (Charcoal Gray S215)
• ADA stall partition; Bradley Corp (Charcoal Gray S215)
• Urinal partition; Bradley Corp (Charcoal Gray S215)
• Lockers – qty TBD by Bradley Corp (Lenox – Deep Blue 12”W x 18”D x 72”H)
• High low water fountain
• Soap dispenser; Bradley Corp (Model 6326, 6326-68 SS Satin Finish). No soap
dispensers should be mounted onto the mirrors.
• Shower curtain rod; Bradley Corp (9539 – SS Satin Finish)
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• Counter sink system
• ADA compliant bench (20”W x 48”L x 18”H; Body – Stainless Steel; Color – Maple)
• No feminine hygiene dispensers should be installed in the women’s locker rooms or
restrooms.
Phenolic Lockers

General
1. Provide phenolic lockers in arrangements, layouts and quantities indicated. Section also
includes:
a. Pedestal benches.
2. Provide five (5) percent of lockers as ADA compliant. Coordinate location with
Architect. Location to be coordinated with locker design, locking and placement of
shelves.
Quality Assurance
1. Provide lockers as complete units, including necess ary mounting accessories, fittings and
fastenings. Each locker type should be produced by one manufacturer.
Delivery, Storage, and Handling
1. Do not deliver lockers until buildings are permanen tly enclosed and ready for locker
installation.
2. Deliver materials in manufacturer’s original packaging to protect from damage.
3. Store materials in manufacturer’s original packagin g in accordance with manufacturer’s
instructions. Store Lockers indoors, protected from the elements and construction
hazards.
4. Handle materials in a manner that will protect the finished product.
Warranty
1. Provide manufacturer’s warranty on lockers and accessories for the following:
a. Phenolic components: 20 years.
b. Hinges and latching devices: 5 years.
Products
1. Manufacturers
a. COLUMBIA LOCKERS (Basis of Design), ACCUTEC, PROSPE C, SUMMIT,
ASI and CLUBLINE.
2. Materials
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a. Material: Solid phenolic with a high pressure melam ine matte finish surface made
as an integral part of the core material. Laminated surfaces are not acceptable.
Surface and edges to be non-porous. Provide materia l which has been selected for
uniform color, surface flatness and smoothness. Exp osed surfaces which exhibit
discolorations, pitting, seam marks, roller marks, stains, telegraphing of core
material, or other imperfections on finished units are not acceptable. Defects such
as chipping along edges and corners are unacceptable.
3. Properties
a. Graffiti Resistance Requirements: When tested in accordance with ASTM D6578,
Locker materials shall prove resistant to all chemi cals tested for a period of 1 to
10 minutes and shall leave no mar or blemish on the surface when cleaned.
Locker materials shall have guaranteed surface clea n ability from permanent
markers and shall have Non-Ghosting properties.
b. Scratch Resistance Requirements: When tested in accordance with ASTM D2197,
Locker materials shall prove to be scratch resistan t when the maximum Load
Value exceeds 10 kilograms.
c. Impact Resistance Requirements: When tested in acco rdance with ASTM D2794,
Locker materials shall withstand an Impact Force Value in excess of 45 inch-lbs.
d. Screw Holding Strength: When tested in accordance w ith ASTM D1037, Direct
Screw Withdrawal Test, Locker materials shall withs tand a direct pull force that
exceeds 2,500 lbs per fastener.
e. Tensile Strength: Locker materials shall have a Mod ulus of Elasticity of 1.55
Million PSI.
f. Shear Strength: Locker materials shall have a Shear Strength of 2,000 PSI
minimum.
g. Compression Strength: Locker materials shall have a Compression Strength of
24,000 PSI minimum.
h. Water Absorption Requirements: When tested in accor dance with ASTM D570
Locker materials shall have a Water Absorption Rate of less than 0.37%.
4. Flame Spread: When tested in accordance with ASTM E 84, materials shall meet all
requirements for Class B Flame Spread Rating and Sm oke Developed and shall carry a
Class B Fire Rating Certification in accordance with the requirements of NFPA and ICC.
a. Flame Spread shall not exceed 75.
b. Smoke Developed shall not exceed 450.
5. Material Thicknesses:
a. Doors, Slope Tops, End Panels, and Toe Kick Plates – Minimum .50” Finished
Thickness.
b. Tops, Bottoms, and Shelves – Minimum .375 ” Finished Thickness.
c. Sides and Locker Backs – Minimum .3125 ” Finished Thickness.
d. Locker Bench Tops – Minimum .75 ” Finished Thickness.
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6. Locker Doors: Full width of the locker box; frameless, allowing access to the entire width
of the locker. Framed Doors are unacceptable. Attach doors to hinge with stainless steel
theft proof Torx head fasteners.
7. Locker Body: Box construction incorporating mortise and tenon construction;
mechanically fastened together with Stainless Steel fasteners. Mortise locker shelves into
side walls. Attach hinges with stainless steel theft proof Torx head fasteners.
8. Slope Tops, End Panels, and Toe Kick Plates: Same color, thickness and material as the
Locker Doors.
9. Finish/Colors - All exposed exterior surfaces: As selected by Architect in coordination
with DPR.
Hardware
1. Hinges: Continuous Heavy Duty Extruded 6063-T5 Aluminum. Pivot Pin shall be made
of Type 304 Stainless Steel. Hinge knuckles shall be separated with two nylon washers.
Hinge shall be powder coated to match Locker Door.
2. Latching Device: Positive automatic type locking device of pre-locking type.
a. Locking - Padlock: Manufacturer's standard recessed handle type containing hole
for padlock attachment.
b. ADA Compliant Lockers: Lever handle with opening function occurring with 30o
or less rotation. Handle shall return to the locked position when released; turning
lever will cause door to pop open and remain ajar. Locate approximately 34 ”
above the floor.
3. Coat Hooks: Coat Hooks shall be fabricated of 11 Gauge Type 304 Stainless Steel with a
Satin Finish. All edges shall be polished and smooth. Coat Hooks shall be attached to the
Locker Body with Stainless Steel Theft Proof Torx Head fasteners or Through Bolts.
Provide three (3) Coat Hooks for Single Tier Lockers and three (3) for Double Tier and
“Z” Lockers.
4. Number Plates: Provide a Number Plate for each Door or opening, in the sequence as
indicated on the drawings.
5. Slope Top Mounting Channels and Supports: Slope Top Mounting Channels and
Supports shall be made of Heavy Duty Extruded 6063-T5 Aluminum and shall have a
Satin Anodized finish. Mounting Channels shall be field installed and shall attach to the
front top edge of the Locker Body and shall be continuous across the front of the
Lockers. Supports shall be universal and shall attach to any standard depth or width
Locker via factory pre-drilled holes.
Fabrication
1. General: Provide factory pre-assembled Locker units. Lockers shall be complete with all
hardware and accessories listed above. Knock down units are unacceptable. Lockers shall
arrive at construction site fully assembled.
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2. Slope Tops and End Panels: Provide Slope Tops and End Panels as required to complete
the installation of the Lockers.
3. Sizes and arrangements as indicated on the architectural drawings.
4. Construction: Fabricate lockers square, rigid, with tight fitting joints.
Execution
1. Installation
a. Install lockers in accordance with manufacturer's instructions. Install units plumb,
rigid and level, located as indicated on architectural drawings.
b. Adjust doors and locks to operate easily without binding. Verify satisfactory
operation of integral locking devices.

Multipurpose Room
• Folding Tables (KI Furniture, Piroette Table, 30” x 60”, Collaborative Rectangular Legs
w/ Casters, Body Color – Black, Top Color – Kensington Maple)
• Stackable Chairs (KI Furniture, Apply Stack Chair ALNAP, Body Color – Black,
Upholstery Color – Kensington Maple)
• Rubber Tile Flooring
• White Boards: US Maker Board Model No. PSM152A
• Should include Window Shades
o Spring-Assist Manual Shade System by Draper
o Fabric: Greenscreen Evolve
o Color: Natural
o Openness Factor: 1%
o Average Fabric Thickness: 0.027”
o Average Fabric Weight: 8.41 ounces per square yard
Kitchen (Demonstration)
• Typically larger than warming kitchen
• CT flooring
• Cabinets
• Stainless steel countertops
• Three compartment stainless steel sink (should be ADA accessible)
• Icemaker
• Induction Cooktop; General Electric Model No. PHP9036DJBB
• Microwave; General Electric Model No. PEB9159SF-SS
• Double Oven; General Electric Profile Series PK7500SF-SS
• Double Wall Oven; General Electric Model No. GE Café Series COMB30”
CT9800SHSS
• Refrigerator; Continental Model No. 1RE-SS
• Freezer; Continental Model No. 1FE-SS
• USDA Dual Temp Refrigerator; Continental Model No. 2RFE-SS
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• Dishwasher; General Electric Model No. GLDT696DSS
• Prep Table; Michigan Maple Block Model F-Style Open Base – Custom Size
49”x28”x34”
• High Stool with Back; KI Furniture 800 Series: 24” Height, Regular w/ Back Frame:
Black. Seat: Fabric. E Vinyl Reflection
• White Boards: US Maker Board Model No. PSM152A
Kitchen (Warming)
• Typically 250-300 SF or less
• CT flooring
• Cabinets
• Countertops
• Sink should be ADA accessible
• Induction Cooktop; General Electric Model No. PHP9036DJBB
• Microwave; General Electric Model No. PEB9159SF-SS
• Double Oven; General Electric Profile Series PK7500SF-SS
• Double Wall Oven; General Electric Model No. GE Café Series COMB30”
CT9800SHSS
• Refrigerator; Continental Model No. 1RE-SS
• Freezer; Continental Model No. 1FE-SS
• USDA Dual Temp Refrigerator; Continental Model No. 2RFE-SS
• Dishwasher; General Electric Model No. GLDT696DSS
• White Boards: US Maker Board Model No. PSM152A
Computer lab
• Furniture (TBD)
• Harddrive
o OptiPlex 7040SFF
o Intel® Core™ i7-6700 Processor (Quad Core, 8MB, 8T, 3.4GHz, 65W)
o 8GB (2x4G) 2133MHz DDR4 Memory
o 3.5 inch 500GB 7200rpm Hard Disk Drive
• Monitor
o Dell 24 Monitor E2417H
o Manufacturer Part JGD2D
o Dell Part 210-AIWG
• Adapter
o Dell Adapter – DisplayPort to DVI Single-Link
o Manufacturer part 8K5HD
o Dell part 470-AANH
• White Board: US Maker Board Model No. PSM152A
• Printers/Copiers are not part of Capital FF&E package.
Boxing room
• Typically 1,800 – 2,000 SF
• 20’ x 20’ Title Competition Boxing Ring
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• STRK 80 – Title Titanic Flex-Strike Heavy Bags (80 lbs), Color Black
• STRK 110 – Title Titanic Flex-Strike Heavy Bags (110 lbs), Color Black
• RESSB M RD – Reyes Speed Bag Medium, Size 7 x 10, Color Red
• RESSB M RD – Reyes Speed Bag Medium, Size 6 x 9, Color Red
• Lockers
• Seating
• Drinking Fountain (Halsey Taylor Bi-Level HAC Cooler with Hydroboost Bottle Filler,
Model HTHB-HAC8BLWF & HTHB-HACDBLWF)
• Sound System
• Ceiling Fans; “AirVolution” Model 370, size & qty TBD based on room size
Fitness room
• Size dependent on facility
• High impact rubber flooring; 8mm interlocking tiles (Metron Series Blue MF 21)
• Wall mirrors
• Water Fountain (Halsey Taylor Bi-Level HAC Cooler with Hydroboost Bottle Filler,
Model HTHB-HAC8BLWF & HTHB-HACDBLWF)
• Day lockers
• Wall-Mounted Purell® 9019-01 White Sanitizing Wipes Wall Dispenser
• Ceiling Fans; “AirVolution” Model 370, size & qty TBD (based on ceiling height and
room size)
• Wall-mounted 72” televisions (quantities TBD by spatial constraints)
• 50 SF storage room
• Cybex fitness equipment (quantities TBD by spatial constraints)
• Cybex 770T Treadmill
• Cybex 770AT Total Body Arc Trainer
• Cybex 625 C Upright Cycle
• Cybex 625R Recumbent Cycle
• Cybex Free Weights 50lb, 100lb
• Cybex Adjustable Dumbbell Bench
• Cybex Leg Press
• Cybex Twin Tier Dumbbell Rack w/ Backstop
• Cybex Bravo w/ Progress Stabilization
• Cybex VR1 Dual Multi-Press
• Cybex VR1 Dual Leg Extension/Curl

Fitness Room Flooring

Quality Assurance
1. Installer Qualifications:
a. Firm experienced in the flooring field and approved by the flooring manufacturer.
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b. Must have completed a minimum of three projects of similar magnitude and
complexity.
Attic Stock
1. Furnish 2% of the total quantity (but not less than 2 full sealed cartons) of each type,
pattern and color. Provide 5% of colors with less t han 5000 square feet. Properly package
and identify each material.
Job Conditions
1. Proper Surfaces:
a. Even, sound, thoroughly clean and dry and free of a ll defects that might adversely
affect the flooring work.
b. All floors to receive resilient flooring shall be w et cured only. No curing
compound permitted.
2. Related Work
a. Work which passes through, beneath or behind floori ng must be completed prior
to starting any flooring work.
3. Temperature Requirements
a. Temporary Heat: Provide as required to maintain the minimum temperature
during flooring installation and for at least one week after installation.
b. Minimum Temperature: 70 degrees F for a minimum two weeks prior to and
during application.
c. Humidity: Do not apply flooring when relative humid ity exceeds 70% or to damp
or wet surfaces.
4. Ventilation
a. Provide adequate ventilation to prevent accumulatio n of hazardous fumes during
application of solvent-based products in enclosed s paces, and maintain until
flooring and finish has cured.
Products – Rubber Flooring Tiles
1. Material: Dual durometer layers composed of 100% sy nthetic and natural rubber, high
quality additives, and colorants to meet the perfor mance requirements of ASTM F1344,
Class 1-A and 1-B Standard, Specification for Rubber Floor Tile.
2. Tiles:
a. Edge type: Interlocking
b. Size: 1 meter x 1 meter
c. Thickness: 8mm
d. Colors: As directed by DPR
3. Manufacturer
a. Basis of Design
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i. RF-1: RPM SPORTS FLOORING Metro Fleck.
ii. RF-2: RPM SPORTS FLOORING Metro
b. Other Manufacturers: Subject to requirements, produ cts manufactured by other
rubber sports flooring manufacturers are acceptable. Products should be submitted
to the Architect during bidding for inclusion by an Addendum. No substitutions
permitted after bids are received.
4. Accessories
a. Concrete Slab Prime: Non-staining type, compatible with adhesive, as
recommended by flooring manufacturer.
i. Moisture Emissions Sealer: Type specifically formul ated for moisture
emission control; CHEMREX CX Concrete Floor Primer, SINAK Sealer
P-105 or Concrete Moisture Emission Sealer by DRITA C (BASIC
ADHESIVES INC.).
b. Leveling Compound: Non-staining latex modified, Por tland cement based type,
compatible with flooring, as provided or recommende d by the flooring
manufacturer.
c. Adhesives: Waterproof, stabilized type as recommend ed by the resilient flooring
and base manufacturer to suit material and substrate conditions.
i. Low-VOC, FS MMM-A-125C, Type II, water- and mold-re sistant. Use
ASTM D3110, dry-use type for laminated and finger-j ointed members,
certified in accordance with ASTM C557 and complyin g with required
VOC regulations.
ii. VOC Content: The volatile organic compound (VOC) co ntent of
adhesives shall not exceed the limits defined in Ru le #1168 “Adhesive
and Sealant Applications ” of the South Coast Air Quality Management
District (SCAQMD), of the State of California. All VOC limits are
defined in grams per liter, less water and less exe mpt compounds
(determined by U.S. EPA Reference Test Method 24). The VOC limits are
as follows:
1. Water-based contact cement: 250 g/L
2. Water-based construction adhesive: 100 g/L
Execution
1. Inspection
a. Examine substrates and installation condition. Do n ot proceed with flooring work
until unsatisfactory conditions have been corrected.
b. Subfloor surfaces shall be smooth, level, at instal led at the required finish
elevation.
c. Installation constitutes acceptance of existing con ditions and responsibility for
satisfactory performance.
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2. Substrate Preparation
a. Prepare substrates according to floor manufacturer' s written instructions to ensure
adhesion of flooring products.
b. Concrete Substrates:
i. Verify that substrates are dry and moisture-vapor e missions are within
acceptable levels according to manufacturer's written instructions.
ii. Remove substrate coatings and other substances that are incompatible with
adhesives and that contain soap, wax, oil, or silic one, using mechanical
methods recommended by floor tile manufacturer. Do not use solvents.
iii. Perform moisture and pH tests recommended by floori ng manufacturer.
Proceed with installation only after satisfying man ufacturer’s
recommendations for test results.
3. Fill cracks, holes, and depressions in substrates w ith trowelable leveling and patching
compound; remove bumps and ridges to produce a uniform and smooth substrate.
4. When required, lightly grind concrete subfloors wit h a terrazzo grinder to remove trowel
marks, slab curl at saw cut joints or other surface irregularities or high spots which will
telegraph to the flooring surface.
5. Do not install flooring until it is the same temper ature as the space where it is to be
installed.
6. Broom or vacuum clean substrates to be covered imme diately before product installation.
After cleaning, examine substrates for moisture, al kaline salts, carbonation, or dust.
Proceed with installation only after unsatisfactory conditions have been corrected.
Installation
1. Install flooring in accordance with manufacturer's instructions and recommendations.
Cleaning and Protection
1. Protect resilient flooring from damage and wear dur ing construction operations. Where
temporary cover is required for this purpose, compl y with manufacturer'
recommendations for protective materials and the me thod of their application. Remove
temporary covering just prior to cleaning for final inspection.
2. Clean flooring just prior to final inspections.
Signage (Interior)

Work Included
1. Work includes:
a. Room numbers.
b. Room identification.
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c. Restrooms
d. Stairwell identification.
e. Emergency escape directories.
f. Tactile (ADA) exit signs
g. Other signs indicated.
2. All signs which identify permanent facilities/accom modations shall be tactile and braille
and limited minimally to room numbers, restrooms, s tairways, and room names as
deemed appropriate by DPR.
Quality Assurance
1. Signage Standards: Conform to the Americans with Di sabilities Act (ADA) Standards
where applicable and to the extent as indicated.
2. Acceptable Manufacturers: All units are to be custo m fabricated; manufacturer's products
meeting the specifications will be acceptable. Manu facturers must be regularly engaged
in fabrication and installation of signage units and related identifying devices.
a. Fabricator shall make at least one visit to the sit e before production begins to
review all sign locations and installation conditio ns with Architect and DPR
representative.
b. Fabricator must review all dimensional changes with Architect.
3. Approvals: All identifying devices shall be approv ed at the fabricator's shop by the
Architect prior to shipment and installation.
4. Spelling and Braille Accuracy: Responsibility of sign manufacturer.
5. DPR has the right to renumber the room numbers during construction. Manufacturer must
not begin fabrication of room number plates until r oom numbers have been approved by
the DPR, in writing, through the Architect.
6. Room identifications will be provided to the Contra ctor by the Owner during
construction.
Products
1. Materials:
a. Plates: High pressure phenolic "ES" plastic; scratc h resistant, non-static,
thermoset, rated self-extinguishing.
i. Colors: As selected by Architect in coordination with DPR.
ii. Thickness: 3/32" for ADA plates; 1/16" for non-raised copy (flat) plates.
b. Changeable Copy: Provide 3/32" thick plastic back-u p plate laminated to back of
face plate to create slot for removable nameplates.
c. Provide an integral method to create tactile and Br aille signs; producing a unitary
component. Glued on or laminated letters or Braille cells are not acceptable.
2. Design Guidelines
a. Plate Shape: Square cornered; do not bevel edges.
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b. Letter Style
i. ADA Signs: Helvetica medium, all capital letters.
ii. All Other Signs: Helvetica medium, mixed upper and lower case.
c. Tactile Letters and Braille: Grade II braille; rais ed 1/32" above background
surface. Provide Braille dome topped same color as background. Sign
manufacturer shall be responsible for verifying acc uracy of spelling, both tactile
and Braille.
d. Letter Sizes: As indicated in drawing set.
3. Methods of Manufacturing
a. Tactile Signs: Relief engraved plates.
b. Non-Tactile Signs: Routed engraved.

Execution
1. Installation:
a. Mount signs plumb and level.
b. Mount all identification devices with 3/4" foam tape on all four edges.
c. Signs Mounted on Glass: Provide opaque sheet matchi ng sign material and finish
onto opposite side of glass to conceal back of sign.
2. Clean Up:
a. After completion of work remove all debris and tool s from the premises, clean all
adhesive spatter and run-over from finished surface s and wash all plated clean of
fingermarks and soil. Polish sign surfaces with a soft cotton rag.

Gymnasium
• Typically 8,000 – 9,000 SF
• 84’ x 50’ basketball court with at least 8’ buffer between any walls or bleachers.
• Cross basketball courts (2): 59’ x 42’
• Volleyball court (1): 59’ x 29.5’
• Pickleball courts (2): 20’ x 44
• Six (6) rear-folding, rear-braced basketball goal systems
• Volleyball sleeves per manufacturer’s recommendations
• 2” thick wall padding x 6’ tall
• Scoreboard; Daktronics model BB-2125 (BOD)
• Scoring console; Daktronics All Sport 500 Series controller (BOD)
• Shot clocks on each of the main basketball court goals
• Gym striping listed in order of predominance: 1) Main Basketball 2) Main Volleyball 3)
Cross Basketball. Note that all game lines should be 2” wide. Intersecting game lines
shall be separated by a natural break
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• Gym dividers (reinforced vinyl with fully padded batten, no exposed hardware) with
electric motor system; 115-volt actuator.
o Solid bottom height preference —10ft tall solid vinyl, with mesh above.
• Telescoping bleacher system with end enclosures to keep children from traveling under
the bleacher system.
• DPR logo to be painted within center court circle (graphic/striping layout to be provided
by owner)
Basketball Backstops

General
1. Work Included
a. Provide basketball backstops, banks, reflex goals a nd accessories as shown on
architectural drawings.
b. Mounting accessories.
Products
1. Manufacturers
a. Acceptable Manufacturers: For the purpose of design ating type and quality of
design, basketball backstop specifications are base d on the design of PORTER
ATHLETIC EQUIPMENT and are for performance requirem ents and general
design. Other manufacturers acceptable are INSTITUT IONAL PRODUCTS,
INC.; AALCO, BPI (BASKETBALL PRODUCTS INTERNATIONAL ) and
DRAPER/E-Z FOLD.
2. Components
a. Backstop
i. Type: Center strut, ceiling suspended, forward fold. PORTER 90949.
1. Vertical front drop frame assembly consisting of a center mast
structural steel tube with side sway structural pip e braces, front
brace assembly with folding knee joint, and all req uired
miscellaneous braces and support hangers.
ii. Operation
1. Motor Operated: Minimum 1/2 horse power motor-winch using
1/4" aircraft cable, cable guides and necessary hardware. LYNRUS
QR2000 Electric Winch Model 402-745 or equal.
a. Motor: Capacitor-start, reversible, 115-volt, 60-cy cle AC,
single-phase electric motors with automatic overloa d
protection.
b. Sealed-bearing, self-locking worm-gear type winch w ith
worm and gear completely enclosed and permanently
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sealed in an oil bath. Spool designed with lip on e ach end
to cause the cable to lay uniformly and prevent "stacking".
c. Controls: Coordinate with central control system sp ecified
herein.
iii. Height Adjustment: 8 ’ to 10 ’ in 3 ” increments; adjustable from floor.
Provide with positive locking engagement at each he ight interval.
PORTER B503-211 Center Height Adjustment.
iv. Bank: 42 ” x 72 ” rectangular glass bank with ½” Herculite tempered
glass and aluminum frame. 2 ” wide fused border and rectangular target
area. Provide with safety padding. PORTER 00208-00 and 00227-000.
b. Safety Straps
i. Safety Straps: Provide on all units. PORTER 10797-100; LYNRUS Aut-
O-Loc 402-765.
ii. Central Controls: Wall-mounted keypad control system with protective
cover to prevent damage from stray basketballs, volleyballs, etc. Provide
for operating backstops, back board height adjusters, and divider curtains.
1. Provide a separate system for each gymnasium.
2. Coordinate with equipment listed. See Section 11485 for divider
curtain.
3. Locate keypads as directed
4. Provide all relays, wiring and other components for complete
operating systems.
5. Provide 11 x 18 ” custom diagrammatic graphic with acrylic cover
adjacent to control.
6. Basis of Design Manufacturer: PORTER 02500 Powr-Touch; BPI
402-730.
Execution
1. Installation
a. Install in strict accordance with manufacturer's installation instructions and
recommendations.
b. Provide all miscellaneous mounting members and fasteners as required, and of
sufficient strength to bear imposed loads of the equipment. Coordinate location of
miscellaneous steel and relationship with building structural framing.
c. Install and adjust backstops to be in correct location to the court striping and
installed plumb and level.
2. Demonstration
a. Installer: Demonstrate to Owner ’s designated personnel, procedures relative to
operating, trouble shooting, servicing and maintaining the equipment.
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Volleyball System

General
1. Work Included
a. Provide volleyball systems consisting of posts, net s, floor sockets, winches,
miscellaneous items and accessories as specified he rein and indicated on
architectural drawings.
2. Delivery, Storage, and Handling
a. Deliver, store and handle items as recommended by m anufacturer. Protect from
damage at all times.
b. Maintain items in manufacturer's original shipping containers or cartons until
ready to install.
c. Coordinate delivery of floor sockets with placement of concrete floor slab.
3. Quality Assurance
a. Provide each system as a complete assembly by one m anufacturer including
necessary fittings, hardware and accessories.
Products
1. Manufacturers
a. A. Basis of Design: DE11 by SENOH (SPORTS IMPORTS).
b. Other Acceptable Manufacturers: Products manufactur ed by DRAPER,
SPAULDING/PORTER, AALCO or SCHELDE are acceptable, providing they
meet the requirements specified herein and conform to the layouts indicated on
the architectural drawings.
c. Volleyball System
i. Posts: Electrically welded steel tube. 3" diameter, 3/16" wall thickness.
1. Telescoping type, manual pin lock adjustment system adjusts to 11
net heights from 6'-0" to 8'-2".
2. Provide two winches per post assembly for tightenin g top and
bottom net cables.
3. Provide 14-space side bracket in increments of 1" t o ensure
straight, taut draw on bottom net cable.
ii. Net: Black flexabar coated nylon with top and botto m Herculite bindings
sewn to net body with four rows of stitching. Provi de complete with
dowels, marking tapes and top and bottom cables. SE NOH Model
VP2032S.
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iii. Sockets: Solid cast bronze alloy or brass alloy wit h drop-in caps to fit
flush with floor surface. SENOH Model KA25.
iv. Finish: Manufacturer's standard baked-on finish. Co lor as selected by
Architect in coordination with DPR.
Execution
1. Installation
a. Cast floor sockets into concrete slab-on grade. Coordinate delivery and location of
sockets with concrete placement and wood floor installation.
b. Install volleyball system in strict accordance with manufacturer's
recommendations.

Gymnasium Wall Padding
Products and Materials
1. Manufacturer: Subject to compliance with the specif ications, products manufactured by
PORTER; AMERICAN ATHLETIC INC.; PROMATS or BISON are acceptable.
2. Description: Panels consisting of 7/16" OSB back, b onded to 2" polyurethane foam core
and 14 oz. flame retardant vinyl coated nylon facing. Conform to ASTM F2440.
3. Sizes: As indicated on drawings.
4. Color: As selected by Architect in collaboration with DPR.
5. Attachment Clips: “Z” clips mounted on wall and panel for concealed attachment.
Execution
1. Installation
a. Install in accordance with manufacturer's instructi ons. Securely fix wall panels by
means of Z-clips attached to wall. Engage panel mou nted Z-clips into wall
mounted clips.
i. No visible fasteners permitted.
Gymnasium Flooring
Quality Assurance
1. Manufacturer Qualifications: Firm with a minimum of 10 years’ experience, specializing
in the wood athletic flooring field.
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2. Installer Qualifications: A firm or individual tha t has been approved by MFMA as an
accredited Installer according to the MFMA Accreditation Program.
a. Installer responsibilities include installation an d field finishing of wood athletic
flooring components and accessories, and application of game lines and markers.
3. Maple Flooring: Comply with MFMA grading rules for species, grade, and cut.
a. Certification: Provide flooring that carries MFMA mark on each bundle or piece.
Submittals
1. Product Data: For each type of product indicated. I nclude construction details, material
descriptions, dimensions of individual components a nd profiles, and finishes for wood
athletic flooring.
2. Shop Drawings: For each type of floor assembly and accessory. Include plans, elevations,
sections, details, and attachments to other work. Include the following:
a. Expansion provisions and trim details.
b. Layout, colors, widths, and dimensions of game lines and markers.
c. Locations of floor inserts for athletic equipment i nstalled through flooring
assembly.
3. Samples: Submit samples of each major component part making up this floor system.
4. Certification: Submit certificates attesting that t he materials furnished will meet or
exceed the specifications for grade, quality, dryness and treatment, if required.
5. Maintenance Literature: Submit 3 copies of Maple Fl oor Manufacturers Association
(MFMA) Care and Preservation of Your Wood Floors.
6. Special Environmental Requirements:
a. Submit product data documentation indicating urea f ormaldehyde free content for
each composite wood product/system.
b. Submit product documentation for adhesives and fiel d applied finishes and game
line paint, documentation indicating VOC Content
c. Submit chain-of-custody certificates certifying tha t wood products specified to be
made from certified wood comply with forest certifi cation requirements. Include
evidence that door manufacturer is certified for ch ain of custody by an FSC-
accredited certification body. Include statement in dicating costs for each certified
wood product.
Delivery, Storage, and Handling
1. Deliver, store and handle flooring materials in the ir original packages, with their seals
unbroken and labels intact.
2. Maintain areas where materials are to be stored at 65 degrees F. and under 50% humidity.
3. Do not deliver, store or install materials until al l masonry, gypsum board, painting and
tile work are completed; all overhead mechanical and electrical work is completed and all
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overhead mechanical work, lighting, backstops, scor eboards are installed; room
temperature is between 55o F and 80o F and relative humidity is between 35 and 50%.
a. Do not store materials at the installation location if the moisture content of the
slab vapor transmissions exceeds 4.5 pounds per 1,000 square feet.
4. Adhesives
a. Do not store adhesives with materials that have a h igh capacity to absorb VOC
emissions (i.e., materials which are woven, fibrous or porous in nature, such as
acoustical ceilings, carpets, textiles, etc.).
b. Do not store adhesives in occupied spaces.
5. Job Conditions
a. Moisture Content: At time of delivery, average mois ture content of wood flooring
to be 7 to 10 percent.
b. Conditioning: Do not install wood flooring until sp aces are enclosed and at
approximate humidity condition planned for occupancy.
i. Condition wood in accordance with flooring manufact urer’s standards or
for 5 days before start of installation by placing in spaces to receive
flooring and maintaining ambient temperature betwee n 65 and 75 degrees
F before, during, and after installation, whichever standard is greater.
ii. Open sealed packages of wood flooring to permit nat ural adjustment of
moisture content and allow flooring to acclimate to the room conditions.
c. Permanent heat, light and ventilation shall be inst alled and operating during and
after installation. Maintain a temperature range of 55-80oF and relative humidity
of 35-50%.
d. After floors are completed, keep area free from tra ffic to allow curing time for the
adhesive and other type materials. If after require d curing time, General
Contractor requires use of this area, protect the f looring with non-fibered Kraft
paper or red rosin paper, with joints taped. Mainta in protection until Contract
Completion.
Floor Systems
1. General: Provide materials produced from wood obtai ned from forests certified by an
FSC-accredited certification body to comply with FS C STD-01-001, "FSC Principles and
Criteria for Forest Stewardship":
2. Description Type WD-1: DIN 18032 Part 2 rated Maple Floor System – Fixed resilient
floor consisting in general of a vapor retarder, re silient pads, steel anchors, wood
subflooring, maple flooring, sanding, sealers, finishes, game lines and wall base. Depth of
system 2-1/2”.
3. Subfloor: Factory assembled subfloor panels shall p rovide nominal 3/4 ” X 4 ” X 8 ’
UL plywood nailers with 3/4 ” Rezill pads attached. Sleeper anchorage struts sha ll be
nominal 1/2 ” X 4 ” UL grade plywood with pre-drilled anchor pockets.
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4. Flooring:
a. 33/32” X 2-1/4”, Second & Better Grade, Northern Ha rd Maple Flooring, TGEM,
MFMA Grade marked; certified as harvested from managed forests
5. Fasteners:
a. Flooring Fasteners -1-3/4 ” barbed cleats or coated staples.
b. Subfloor Fasteners - 3/4 ” staples or equivalent.
c. Concrete Fasteners - 16 gauge steel channel.
6. Manufacturer:
a. Basis of Design: CONNOR “Alliance ”
b. Other Manufacturers: Subject to requirements, floor ing systems manufactured by
ROBBINS or ACTION are acceptable.
Miscellaneous Materials
1. Vapor Barrier: Polyethylene sheet, 6-mil.
2. Adhesives: Types as recommended by the floor manufa cturer for the various floor
systems and substrate surfaces.
a. Low-VOC, FS MMM-A-125C, Type II, water- and mold-re sistant. Use ASTM
D3110, dry-use type for laminated and finger-jointe d members, certified in
accordance with ASTM C557 and complying with required VOC regulations.
i. VOC Content: The volatile organic compound (VOC) co ntent of
adhesives shall not exceed the limits defined in Ru le #1168 “Adhesive
and Sealant Applications ” of the South Coast Air Quality Management
District (SCAQMD), of the State of California. All VOC limits are
defined in grams per liter, less water and less exe mpt compounds
(determined by U.S. EPA Reference Test Method 24). The VOC limits are
as follows:
1. Water-based contact cement: 250 g/L
2. Water-based construction adhesive: 100 g/L
3. Sanding Materials
a. Sanding Materials: Specifically manufactured for sa nding finished flooring;
appropriate size and abrasive quality.
4. Finishing Materials
a. Gymnasium sealer and finish recommended in writing by flooring manufacturer,
and MFMA approved.
b. Per MFMA Heavy Duty and Gymnasium Finishes for Mapl e, Beech, and Birch
Floors; approximately 30% solids for sealer and 40% solids for gym finish.
c. Sealer and Gym Finish: Non-darkening and slip-resistant.
d. Buffing Material: #100 screenback pads or equivalent steelwool pads.
5. Manufacturers:
a. BASIC COATINGS
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b. BONAKEMI USA, INC.
c. CRAWFORD LABORATORIES
d. HILLYARD INC.
e. HUNTINGTON LABORATORIES, INC.
f. MINWAX COMPANY
6. Game Line Paint: As recommended by finishing mater ials manufacturer as compatible
with their products.
a. VOC Content: Products shall HAVE A VOC content of n ot more than 150 g/L
when calculated according to 40 CFR 59, Subpart D (EPA Method 24):
b. Basket Ball Main/Full Court: Black lines.
c. Volley Ball Main Court: Yellow lines.
d. Other Markings: Colors as directed by Architect.
7. Perimeter Molding: Vented rubber cove type, 1/4" x 3" x 4", black. Provide with pre-
molded corners.
a. At Wall Openings (doors, corridors, etc.): Provide ¼” thick x 5 ” wide
aluminum floor plates to span wall/floor expansion space. Mill finish.
8. Miscellaneous Fasteners: Screws, nails and staples for attaching various components.
9. Leveling Compound: Non-staining latex modified, Por tland cement based type,
compatible with flooring, as provided or recommended by the flooring manufacturer.
10. Blocking: Provide wood blocking at telescoping blea chers for thickness of cushioning
pads.
a. Under stacked portion of bleachers provide full coverage blocking.
b. Under remaining portion of opened bleachers provide blocking under wheels.
Execution
1. Examine substrates, areas, and conditions, with Ins taller present, for compliance with
requirements for maximum moisture content, installa tion tolerances, and other conditions
affecting performance of wood athletic flooring.
2. Proceed with installation only after unsatisfactory conditions have been corrected.
3. Concrete Slabs: Verify that slabs are dry according to test methods recommended by
flooring manufacturer or, if none, by test method as follows:
a. Perform tests so that each test area does not excee d 200 sq. ft., and perform no
fewer than two tests in each installation area and with test areas evenly spaced in
installation areas.
b. Test concrete slabs per ASTM F1869, Test Method for Measuring Moisture
Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride.
c. Proceed with installation only after substrates hav e maximum moisture vapor-
emission rate acceptable to the floor system manufacturer.
d. Proceed with installation only after substrates pass testing.
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Preparation
1. Broom and vacuum clean substrate immediately before floor system installation. Remove
coatings and substances which might interfere with attachment or successful operation of
flooring system.
2. Grind high spots and fill low spots on concrete substrates to produce a maximum 1/8-inch
deviation in any direction when checked with a 10-foot straight edge.
a. Use trowelable leveling and patching compounds, acc ording to manufacturer's
written instructions, to fill cracks, holes, and depressions in substrates.
3. Remove coatings including curing compounds and othe r substances on substrates that are
incompatible with installation adhesives and that c ontain soap, wax, oil, or silicone; use
mechanical methods recommended by manufacturer. Do not use solvents.
Installation
1. Install flooring systems in accordance with wood at hletic flooring manufacturer's written
instructions, but not less than written recommendat ions of MFMA applicable to flooring
type indicated.
a. Installation Tolerances: 1/8 inch in 10 feet of variance from level.
2. Install vapor barrier over concrete slab; cover ent ire area beneath wood flooring. Lap
joints 6" and seal with tape.
3. Perimeter Molding: Install vented rubber cove base anchored to masonry walls as
recommended by flooring system manufacturer.
Sanding and Finishing
1. Conform to requirements of MFMA's "Industry Recomme ndations for Sanding, Sealing,
Court Lining, Finishing, and Resurfacing of Maple Gym Floors."
2. Machine sand with coarse, medium, and fine grades o f sandpaper to achieve a level,
smooth, uniform surface without ridges or cups. Remove sanding dust by tack or vacuum.
3. Finishing:
a. Apply one coat of penetrating sealer and three coat s of gym finish. With
coverages in accordance with manufacturer's instructions.
b. Screenback or steel wool and vacuum or tack between each coat after it is dry.
c. Floor shall present a uniform high gloss surface without misses or holidays.
4. Game Lines and Graphics:
a. Apply game lines and graphics accurately between th e first two finish coats after
buffing and vacuuming.
b. Layout: Layout floor for dual use of basketball and volleyball. Include the
following:
i. Use sufficient coats of line paint to provide sharp bright lines.
ii. Provide lines straight with sharp edges.
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Cleanup
1. On completion of the flooring work, remove unused m aterials and clean-up cut offs, saw
and sanding dust and other debris.
Protection
1. Protect wood athletic flooring during remainder of construction period to allow finish to
cure and to ensure that flooring and finish are wit hout damage or deterioration at time of
Contract Completion.
2. Do not cover flooring after finishing until finish reaches full cure and not before seven
days after applying last finish coat.
3. Do not move heavy and sharp objects directly over f looring. Protect fully cured floor
finishes and surfaces with plywood or hardboard pan els to prevent damage from storing
or moving objects over flooring.

Gymnasium Scoreboard and Console

General
1. Work Included
a. Provide labor, equipment and accessories necessary to install scoreboard(s) and
wireless console(s) as specified herein and indicated on drawings.
2. Quality Assurance
a. Submit certification that scoreboard and console wa s tested and approved in plant
prior to shipping.
3. Product Delivery, Storage, and Handling
a. Deliver materials in manufacturer's original, unopened and labeled packages.
b. Comply with manufacturer's recommendations for hand ling and protection during
installation.
Products
1. Manufacturer
a. Basis of Design: LED Model 2780 by NEVCO.
b. Other Manufacturers: Subject to requirements, scoreboards manufactured by ALL
AMERICAN, DAKTRONICS or SPORTABLE SCOREBOARDS are
acceptable.
2. Materials
a. Extruded aluminum cabinet with heliarc welded corne rs and minimum .040 ”
aluminum sheet face.
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b. Finish: Acrylic polyurethane paint. Color as selected by Architect.
c. Electronics: Low voltage, solid state, 2-wire cable , multiplex system, quartz
crystal controlled.
d. Provide fiber optic communication interface to redu ce threat of damage from
electrical storms.
e. LED (light emitting diode) units: Seven-bar, segmen ted digits with protective
aluminum cover, rated typical life 100,000 hours, a nd designed to provide
excellent visibility from all angles and sides.
3. Scoreboard Description
a. Type: Interior, electronic basketball scoreboard wi th two integral horns and LED
displays for time, scores, period, number for playe r fouling with personal fouls,
team fouls, bonus and double bonus indicators and next possession arrows.
b. Size - Approximate: 5' high x 10' wide x 8" deep.
c. Captions and Electronic Team Names: 8 x 48 pixel "H ome", "Guests", 8 x 16
pixel "fls", and 8 x 32 pixel "player". All Caption s and Team Names are 2 LED
per Pixel, 16mm pixel to pixel centers. Pixel matri ces shall be available in Red or
Amber. Period caption plate; 5 ” white lettering on black background. Captions
can be altered on a per-sport basis for Volleyball, Wrestling and Basketball
automatically.
d. LED displays
i. Timing: Red 13 inches high digits with lit colon.
ii. Team scores: Amber 13 inches high digits.
iii. Period: Amber 9 inches high digits.
iv. Player number and fouls: Red 9 inches high digits
v. Team fouls: Amber 9 inches high digits.
vi. Next possession: Amber arrow for each team.
vii. Bonus and double bonus in the form of a 4 inch Red LE
e. Power Requirements: 120 volts, 60 hertz, 3 amps.
4. Control Center
a. Type: Wireless, microprocessor based, operator's co ntrol center with receiver unit
mounted at scoreboard.
i. Unit shall comply with Part 15 of FCC Rules regarding interference.
ii. Console: High impact, break-resistant plastic.
iii. Features
1. Power on-off switch.
2. 40 key keyboards, internal beeper acknowledging eac h entry, and
bookmark capabilities.
3. Keyboard overlays for scoreboard or accessory.
4. Remote hand-held main time switch with integral horn button.
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5. Provide with LED displays, lithium cell battery backup to maintain
scoreboard memory and time of day, self-test mode, power on-off
switch, alternate time control, and multiple scoreboard operation.
6. Timer features: Time of day display, multiple time out timers with
warning, interval horn, up-count auto stop with hor n, and 1/10 th
second display during last minute.
7. Dimmer control for scoreboard.
iv. Receiver: Aluminum construction; approximately 6-1/ 8 x 3 x 1-3/8 inches
with 4 inch antenna and mounted at scoreboard.
v. Maximum range: 1,000 feet from control center to receiver.
vi. Receiver shall require no additional source of powe r or separate control
cable.
vii. Power adapters: Provide for each control center and receiver.
1. Input: 120 volts, 0.4 amps, 50/60 Hz.
2. Output: 9 volts, 1.67 amps, 15 watts.
viii. Provide option of battery supply for control operat ion if utility power not
available.
5. Accessories
a. Scoreboard Guards: Provide wire cage type scoreboar d guards. Size and type as
recommended by scoreboard manufacturer. Provide at each scoreboard.
Execution
1. Preparation
a. Verify exact scoreboard and control center quantities and junction box locations.
b. Coordinate requirements for electrical power, wall blocking, auxiliary framing
and supports.
c. Coordinate scoreboard electrical requirements to en sure proper power source,
conduit, wiring, and boxes are provided. Prior to i nstallation, verify type and
location of power supply.
2. Installation
a. Install scoreboards and accessories in accordance w ith manufacturer's instructions
and approved installation drawings.
b. Before installation, field test scoreboards and acc essories for operating functions.
Ensure that scoreboards accurately perform all operations. Correct deficiencies.
c. Rigidly mount scoreboards and accessories level and plumb with brackets and
fasteners.
d. Clean exposed surfaces.
e. Protect scoreboards and finishes from other construction operations.
3. Demonstration and Training
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a. Provide demonstration and training session for Owne r's representative covering
operation and maintenance of electronic scoreboard.
Gymnasium Curtain Divider
General
1. Work Included
a. Provide foldup curtain divider with motorized elect ric hoist. Locate curtains
where indicated on drawings.
2. Quality Assurance
a. Provide the curtain dividers as complete assemblies by one manufacturer
including necessary fittings, hardware and accessories.
b. Installer: As approved by the curtain divider manuf acturer or an authorized
representative of the manufacturer.

Products
1. Curtain Divider
a. Curtain: Mesh curtain with 6 inch vinyl top and bottom edges.
i. Mesh: White, vinyl coated, polyester mesh, approxim ately 50% open
weave.
1. Weight: 6 ounce per square yard.
2. Fire resistant.
3. Tensile Strength: 100 lbs. per inch.
ii. Vinyl: Solid, polyester-reinforced vinyl fabric, he mmed and double
stitched to house 1-1/2" (+/-) diameter steel curtain support tube.
1. Weight: 18 ounce per square yard.
2. Tensile Strength: 300 pounds per inch.
3. Tear Strength: 100 pounds per inch.
4. Fire Retardants: Self-extinguishing in less than 5 seconds.
5. Color: As selected by Architect in collaboration with DPR.
iii. Raising Components
1. Provide 1/8" - 7x19 aircraft cable, spaced uniforml y across curtain
width. Anchor each line through bottom tube batten and run
vertically through curtain, weaving from side to si de every 18"
through rolled-edge brass grommets.
2. Drive Pipe Support Assembly: At top support, cables wind on
individual reels spindled to a common tube steel dr ive shaft
running full length of curtain. Drive shaft is powe red by electric
operator.
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b. Electric Operator: 120 volt, HP as required to oper ate curtain 20 feet per minute.
Provide key operated flush wall switches.
i. Coordinate controls with Central Control unit as sp ecified in architectural
drawings.
ii. Conduit, wiring and etc. from power to operator and to remote wall
switch.
c. Supports: Provide support system consisting of thre aded rods, steel shapes and
clamps as required to suspend drive pipe support as sembly from overhead roof
steel.
d. Size: Heights and lengths as indicated in architectural drawings.
e. Manufacturers
i. AALCO MANUFACTURING COMPANY
ii. AMERICAN ATHLETIC INCORPORATED
iii. BPI
iv. INSTITUTIONAL PRODUCTS, INC. (IPI)
v. PORTER
Execution
1. Installation
a. Install the curtain divider in strict accordance wi th manufacturer's installation
instructions and approved shop drawings.
i. Coordinate installation with Electrical Contractor.
ii. Adjust curtain divider and operator assembly to ope rate smoothly without
binding.
iii. Clean curtain to original condition upon completion of work.

Gymnasium Telescoping Bleachers
General
1. Work Included
a. Wall attached telescoping bleachers including manua lly operated systems of
multiple-tiered seating rows comprised of seats, de ck components, and
understructure that permits closing without dismant ling into a nested
configuration for storing or for moving purposes.
2. System Description
a. Bleacher Seat System: Multiple tiered seating rows comprised of seat and deck
components, risers, and supportive understructure.
b. Operation: Operable on the telescopic principle, stacking vertically.
c. Secure sections with mechanical locks as well as the power system, operable upon
activating the pendant control.
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3. Quality Assurance
a. NFPA Standard: Comply with requirements of NFPA 102 , "Standard for
Assembly Seating, Tents and Membrane Structures", a nd specifically with
Chapter 5, "Folding and Telescopic Seating", except where other requirements are
indicated or imposed by authorities having jurisdiction.
b. Manufacturer: Company specializing in folding seati ng with a minimum of 10
years’ experience in manufacturing gym seats.
c. Engineer Qualifications: Professional engineer lice nsed in the State of Ohio and
experienced in providing engineering services of th e kind indicated that have
resulted in the successful installation of telescop ing bleachers similar in material,
design, and extent to those indicated for this project.
d. Installer Qualifications: An experienced installer who has specialized in the
installation of telescoping bleachers similar to th e type required for this project
and is acceptable to, or certified by the bleacher manufacturer.
e. Welding Processes: To be performed by certified pro fessional welding operators
in accordance with American Welding Society, (AWS), D1.1 "Structural Welding
Code-Steel" and D1.3 "Structural Welding Code-Sheet Steel".
4. Submittals
a. Shop Drawings: Shop Drawings indicating layout of t elescoping bleacher units
coordinated with field measurements. Include seat h eights, row spacing and rise,
aisle widths and locations, overall dimensions in c losed and open position,
connections and relationship to adjoining work, acc essories, types of materials,
and finishes.
b. Samples of material and color finish as follows:
i. Seats and Risers: 12” long samples finished with manufacturer’s standard
coating.
ii. Plywood: 12” square samples finished with manufacturer’s standard
coating.
iii. Painted Steel: 6” square sample of sheet steel finished with baked enamel
coating.
c. Certification: Submit certifications that bleachers comply with design loads,
include structural computations, material properties, and other information needed
for structural analysis that has been signed and se aled by a professional engineer
registered in the District of Columbia.
d. Operating/Maintenance Information: Include operatio n and maintenance
information in maintenance manuals to be submitted at time of Contract Closeout.
e. Warranty: Manufacturers standard warranty documents.
5. Design Criteria
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a. Design telescopic seating to support, in addition t o its own weight, and the weight
of added accessories, a uniformly distributed live load of not less than 100 lbs. per
sq. ft. of gross horizontal projection.
i. Seat boards and Footrest: Designed for a live load of not less than 120 lbs.
per linear foot.
ii. Sway Force (applied to seats): 24 lbs. per linear f t. parallel to the seats and
10 lbs. per linear ft. perpendicular to the seats. Sway forces shall not be
considered simultaneously applied.
b. Railings, posts and sockets designed to withstand t he following forces applied
separately:
i. Design and construct handrails for:
1. A concentrated load of 200 lbs. applied at any poin t and in any
direction.
2. A uniform load of 50 lbs. per ft. applied in any di rection. The
concentrated and uniform loading conditions shall n ot be required
to be applied simultaneously.
ii. Design and construct guards for:
1. A concentrated load of 200 lbs. per ft. applied at any point and in
any direction along the top railing member.
2. A uniform load of 50 lbs. per ft. applied horizontally at the
required guardrail height and simultaneous uniform load of 100
lbs. per ft. applied vertically downward at the top of the guardrail.
The concentrated and uniform loading conditions shall not be
required to be applied simultaneously.
3. American Institute of Steel Construction (AISC), American Iron
and Steel Institute (AISI) and Aluminum Association (AA) design
criteria shall be the basis for calculation of member sizes and
connections.
4. Design wood members in accordance with National Forest
Products Association's, (NFOPA), and National Design
Specification for Wood Construction.
6. Warranty
a. Manufacturer shall warrant all work performed under these specifications to be
free of defects for a period of five years from date of contract completion.
Products
1. Manufacturer
a. Subject to compliance with the specified requirements, telescopic bleacher
assemblies manufactured by IRWIN TELESCOPIC SEATING COMPANY,
INTERKAL, HUSSEY or KODIAK INDUSTRIES are acceptable.
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2. System Design
a. Dimensions and Number of Rows: As indicated on drawings.
3. Materials
a. Lumber: ANSI/Voluntary Product 20, B & B Southern Pine
b. Plywood: ANSI/Voluntary Product PS1, APA A-C Exterior Grade.
c. Structural Steel Shapes, Plates and Bars: ASTM A 36.
d. Uncoated Steel Strip (Non-Structural Components): ASTM A569, Commercial
Quality, Hot-Rolled Strip.
e. Uncoated Steel Strip (Structural Components): ASTM A570 Grade 33, 40, 45, or
50, Structural Quality, Hot-Rolled Strip.
f. Uncoated Steel Strip (Structural Components): ASTM A607 Grade 45 or 50,
High-Strength, Low Alloy, Hot-Rolled Strip.
g. Galvanized Steel Strip: ASTM A653 Grade 40, zinc coated by the hot-dip
process, structural quality.
h. Structural Tubing: ASTM A500 Grade B, cold-formed.
i. Polyethylene Plastic: ASTM D 1248, Type III, Class B; molded, color-pigmented,
textured, impact-resistant, structural formulation; in color indicated or, if not
otherwise indicated, as selected by Architect from manufacturer's standard colors.
j. Fasteners: Vibration-proof, of size and material standard with manufacturer.
4. Components and Fabrication
a. Understructure System
i. Steel Supports and Rolling Frames: Constructed of formed steel shapes of
the size and shape necessary to support the design loads. All support
bracing shall begin at Row 2 and be of diagonal or "knee" type for
rigidity.
ii. Wheels: Minimum 4" diameter x 1" non-marring soft rubber face to
protect wood or synthetic floor surfaces. Each operating row shall have a
minimum of 8 wheels.
iii. Each fully skirted wheel channel shall be continuously in contact with
adjacent channels by nylon guides, to eliminate metal to metal contact,
and non-binding guide rods to provide alignment when opening and
closing. Lubrication is not be required.
iv. Vertical Columns: High tensile steel structural tube to meet design criteria.
v. Bolt deck stiffeners to both the rear beam and the nose with locking
hardware.
b. Deck System
i. Lower Rear Riser: Continuous formed steel member recessed to provide
full heel room and provide a continuous envelope for the deck and
longitudinal support of the deck surface.
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ii. Front Nose Beam: Continuous structural member to support design loads
and provide continuous longitudinal support of the deck surface.
iii. Laminated Decking: Provide with 0.030 (30 thousandths) high density
polyethylene overlay, permanently bonded to structural western fir
plywood in strict compliance with U.S. Product Standard PS 195. Finished
thickness to be 5/8". Polyethylene finish to be textured grey or beige.
Plywood shall be supported along the front and back edge for maximum
rigidity. An "H" type aluminum splice beam shall be provided between all
decks. Plywood with clear or painted finish is unacceptable.
iv. Through bolt decking to steel supports with locking hardware. Decking
attached by the use of self-tapping fasteners is unacceptable.
c. Seat System
i. Seat Modules: 18" long assembled, gas assisted injection-molded, high
density, HDPE (high density polyethylene) modules in monochromatic
colors providing, dual textured scuff resistant 10" wide seat surface with
½” minimum interlock on seat and face. Unit structural tested to 600 lbs
occupant load.
ii. Integrally molded end caps at aisle end locations for clean finished
appearance.
iii. Integrally molded recess pockets to accept seat number and row letters.
iv. Integrally molded rear closure panel at back of seat.
v. Seat Attachment: Each plastic seat module shall be securely anchored by a
12 gauge steel clamp bracket that provides steel-to-steel, through bolted
attachment to the front nose beam of the bleacher.
d. Finish
i. Metal Surfaces: Manufacturer ’s standard epoxy powder coated
semigloss black.
ii. Laminated Decking: Textured polyethylene grey finish.
iii. Wood Seats and Riser Boards: Machine and hand sanded and finished
with a moisture repellent sealer coat on all surfaces. Finish to be UV
cured, water-based polyurethane with a high gloss clear coat.
5. Manual Operation
a. Individual sections containing a series of tiered r ows shall be manually opened
and closed. Provide each tiered row with mechanical locks to keep rows fully
extended when in the open position. Design row lock s to automatically release
upon operation of release lever in the front skirt panel. Hinging of the lower skirt
board is not acceptable.
6. Accessories
a. Flex-Row: Provide first row modular recoverable sea ting units to be utilized by
persons in wheelchairs and able-bodied persons. Eac h Flex-Row unit shall have
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an unlock handle for easy deployment if wheelchair or team seating access is
needed. Unlock handle shall lock the bleacher seats into position when fully
opened.
i. Provide a black full-surround steel skirting with n o more than ¾” floor
clearance for safety and improved aesthetics.
ii. Provide a black injection molded end cap for the no se beam for safety and
improved aesthetics.
iii. Provide a mechanical positive lock when the Flex-Ro w system is in the
open and used position.
iv. Flex-Row modular units are designed to achieve mult i-use front row
seating to accommodate team seating, ADA requiremen ts and facility
specific requirements. Flex-Row units are available in modular units from
2 to 7 seats wide as well as full section widths.
b. Front Aisle Steps: Provide at each vertical aisle l ocation front aisle step. Front
steps shall engage with front row to prevent accide ntal separation or movement.
Steps shall be fitted with four non-skid rubber fee t each 1/2" in diameter. Blow
molded end caps shall have full radius on all four edges. Quantity and location as
indicated.
c. Non-Slip Tread: Provide at front edge of each aisle locations an adhesive backed
abrasive non-slip tread surface.
d. Foot Level Aisles: Provide deck level full width ve rtical aisles located as
indicated. Widths as indicated.
e. Intermediate Aisle Steps: Permanently attached, clo sed design. Front step to be
hinged for storage on first row deck without need f or removal. Blow molded end
caps shall have full radius on all four edges. Step shall have non-skid on surface.
Quantity and location as indicated.
f. Intermediate Aisle Handrails: Non-removable folding aisle handrails shall be
provided. Aisle railings shall be permanently attac hed to the mounting pocket and
allow railings to pivot and fold within the deck wi thout the need for removal.
Aisle railing shall be an individual rail design, l ocated on every other row starting
at row two (2). Railing to be constructed of 1 1/2" 11 gauge round steel tubing,
finished in a textured powder coated epoxy. Aisle r ails that require removal, rails
made of square tubing or rail systems spanning seve ral rows will not be
acceptable. For safety, rail or rail pockets that p rotrude beyond the face of the
bleacher while in the closed position or railings w ith blunt, non-turned ends will
not be allowed.
g. Self-Storing End Rails: Provide telescoping, steel self-storing 42" high above
seat, end rail with tubular supports and intermedia te members designed with 4"
sphere passage requirements. Finish rails textured epoxy powder-coated black
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enamel, provide at the open ends of the group. Rail s shall meet all national
building codes. End rails shall start at row two.
h. Rear fillers, including supports for closing openin gs between top row and rear
wall of adjoining construction.
Execution
1. Installation
a. Install telescoping bleachers in accordance with ma nufacturer's instructions and
approved submittal drawings.
2. Adjustment and Cleaning
a. Adjustment: After installation completion, test and adjust telescoping bleacher
assemblies to operate in compliance with manufacturer's operations manual.
b. Cleaning: Clean installed telescoping bleachers on both exposed and semi-
exposed surfaces. Touch-up finishes to restore damage or soiled surfaces.
3. Protection
a. Provide final protection and maintain conditions, i n a manner acceptable to
manufacturer and installer to ensure telescoping bl eachers are without damage or
deterioration at time of substantial completion.

Senior Room / Lounge
• Counter Sink
• 72” Wall-Mounted Television
• Lounge Chair (KI Furniture, Jessa Lounge Chair # 5623/NC)
• Lounge Loveseat (KI Furniture, Jessa Lounge Loveseat # 5633/NC)
• Lounge Sofa (KI Furniture, Jessa Lounge Sofa # 5643/NC)
• Counter Sink
• Microwave
• Dishwasher
• Refrigerator
• Storage Room
• Nesting Tables & Nesting Chairs for Activities
• Should include at least one storage room
Teen Room / Lounge
• Storage Room
• Pool Table; Mfr: Olhausen, Model: Grand Champion – 8’, Black Laminate
• Table Tennis; JOOLA 3000SC
• Lounge Chairs (KI Furniture, Sway Chair Lounge Chair)
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• Ottomans (KI Furniture, Sway Ottaman)
• Bar Stools (KI Furniture, Apply Café Stool 30”H / Café Stool 30”)
• Bar Tables (KI Furniture, Athens Café Table 4 Column AH4R3042P-54B 74P, 42”H,
30” Dia. Powder Coat)
• Multiple Seating (KI Furniture, Logix Seating 12 Degree Curved 30x30x30 w/ back)
• Coffee (End) Table (KI Furniture, Narrow Table 12x30)
• 72” Wall-Mounted Television
Indoor Pool Locker Rooms
• BOD: Suitemate swimsuit water extractor 115V. Provide with direct drain to p-trap.
Children’s Co-op Room
• 750-1,000 SF
• Slip-Resistant Epoxy flooring with EBC base
• ACT ceiling
• Should contain one shared restroom for child users
• Should contain a double-sink and counter space
• Should contain a storage supply closet
Commercial Water Closets
General
1. Summary (Section Includes):
a. Water closets.
b. Flushometer valves.
c. Toilet seats.
Products
1. Wall Mounted Water Closets (Wall mounted, top spud, accessible for ADA installations):
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
i. American Standard America.
ii. Briggs Plumbing Products, Inc.
iii. Capizzi.
iv. Crane Plumbing, L.L.C.
v. Ferguson Enterprises, Inc.; ProFlo Brand.
vi. Gerber Plumbing Fixtures LLC.
vii. Kohler Co.
viii. Mansfield Plumbing Products LLC.
ix. Peerless Pottery Sales, Inc.
x. TOTO USA, INC.
xi. Zurn Industries, LLC; Commercial Brass and Fixtures.
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b. Bowl
i. Standards: ASME A112.19.2/CSA B45.1 and ASME A112.19.5.
ii. Material: Vitreous china.
iii. Type: Siphon jet.
iv. Style: Flushometer valve.
v. Height: Standard.
vi. Rim Contour: Elongated.
vii. Water Consumption: As indicated on construction documents.
viii. Spud Size and Location: NPS 1-1/2; top.
c. Flushometer Valve: Battery Operated Sensor.
d. Toilet Seat: Open front, elongated.
e. Support:
i. Standard: ASME A112.6.1M.
ii. Description: Waste-fitting assembly as required to match drainage piping
material and arrangement with faceplates, couplings gaskets, and feet;
bolts and hardware matching fixture. Include additional extension
coupling, faceplate, and feet for installation in wide pipe space.
iii. Water-Closet Mounting Height: Standard and Handicapped/elderly
according to ICC/ANSI A117.1.
2. Flushometer Valves (Lever-Handle, Diaphragm Flushometer Valves):
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
i. Coyne & Delany Co.
ii. Gerber Plumbing Fixtures LLC.
iii. Sloan Valve Company.
iv. Zurn Industries, LLC; Commercial Brass and Fixtures.
b. Standard: ASSE 1037.
c. Minimum Pressure Rating: 125 psig.
d. Features: Include integral check stop and backflow-prevention device.
e. Material: Brass body with corrosion-resistant components.
f. Exposed Flushometer-Valve Finish: Chrome plated.
g. Panel Finish: Chrome plated or stainless steel.
h. Battery operated sensor type.
i. Style: Exposed.
j. Consumption: As indicated on construction documents.
k. Minimum Inlet: NPS 1.
l. Minimum Outlet: NPS 1-1/4.
3. Toilet Seats
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
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i. American Standard America.
ii. Bemis Manufacturing Company.
iii. Centoco Manufacturing Corporation.
iv. Church Seats.
v. Jones Stephens Corp.; Comfort Seat Brand.
vi. Kohler Co.
vii. Olsonite Seat Co.
viii. Sanderson Plumbing Products, Inc.
ix. Sperzel of Lexington.
x. TOTO USA, INC.
xi. Zurn Industries, LLC; Commercial Brass and Fixtures.
b. Standard: IAPMO/ANSI Z124.5.
c. Material: Plastic.
d. Type: Commercial (Standard).
e. Shape: Elongated rim, open front.
f. Hinge: Check.
g. Hinge Material: Non-corroding metal.
h. Seat Cover: Not required.
i. Color: White.
Execution
1. Installation
a. Water-Closet Installation:
i. Install level and plumb according to roughing-in drawings.
ii. Install accessible, wall-mounted water closets at m ounting height for
handicapped/elderly, according to ICC/ANSI A117.1.
b. Support Installation:
i. Use carrier supports with waste-fitting assembly and seal.
ii. Install wall-mounted, back-outlet water-closet supp orts with waste-fitting
assembly and waste-fitting seals; and affix to building substrate.
c. Flushometer-Valve Installation:
i. Install flushometer-valve, water-supply fitting on each supply to each
water closet.
ii. Attach supply piping to supports or substrate withi n pipe spaces behind
fixtures.
iii. Install actuators in locations that are easy for pe ople with disabilities to
reach.
d. Install toilet seats on water closets.
e. Wall Flange and Escutcheon Installation:
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i. Install wall flanges or escutcheons at piping wall penetrations in exposed,
finished locations and within cabinets and millwork.
ii. Install deep-pattern escutcheons if required to conceal protruding fittings.
iii. Comply with escutcheon requirements specified in Es cutcheons for
Plumbing Piping.
f. Joint Sealing:
i. Seal joints between water closets and walls and flo ors using sanitary-type,
one-part, mildew-resistant silicone sealant.
ii. Match sealant color to water-closet color.
iii. Comply with sealant requirements specified in Joint Sealants.
2. Connections
a. Connect water closets with water supplies and soil, waste, and vent piping. Use
size fittings required to match water closets.
b. Comply with water piping requirements specified in Domestic Water Piping.
c. Comply with soil and waste piping requirements spec ified in Sanitary Waste and
Vent Piping.
3. Adjusting
a. Operate and adjust water closets and controls. Repl ace damaged and
malfunctioning water closets, fittings, and controls.
b. Adjust water pressure at flushometer valves to produce proper flow.
4. Cleaning and Protection
a. Clean water closets and fittings with manufacturers ' recommended cleaning
methods and materials.
b. Install protective covering for installed water closets and fittings.
c. Do not allow use of water closets for temporary fac ilities unless approved in
writing by Owner.
Commercial Urinals
Summary
1. Section Includes:
a. Urinals.
b. Flushometer valves.
Products
1. Urinals: Wall hung, back outlet, siphon jet, accessible.
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
i. American Standard America.
ii. Briggs Plumbing Products, Inc.
iii. Ferguson Enterprises, Inc.; ProFlo Brand.
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iv. Gerber Plumbing Fixtures LLC.
v. Kohler Co.
vi. Mansfield Plumbing Products LLC.
vii. Peerless Pottery Sales, Inc.
b. Fixture:
i. Standards: ASME A112.19.2/CSA B45.1 and ASME A112.19.5.
ii. Material: Vitreous china.
iii. Type: Siphon jet with extended shields.
iv. Strainer or Trapway: Manufacturer's standard strainer with integral trap.
v. Water Consumption: As indicated on construction documents.
vi. Spud Size and Location: NPS 3/4; top.
vii. Outlet Size and Location: NPS 2; back.
viii. Color: White.
c. Flushometer Valve: Battery operated sensor type.
d. Waste Fittings:
i. Standard: ASME A112.18.2/CSA B125.2 for coupling.
ii. Size: NPS 2.
e. Support: ASME A112.6.1M, Type I, urinal carrier wit h fixture support plates and
coupling with seal and fixture bolts and hardware m atching fixture. Include
rectangular, steel uprights.
2. Urinal Flushometer Valves (Battery-Powered, Solenoi d-Actuator, Piston Flushometer
Valves)
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
i. Coyne & Delany Co.
ii. Gerber Plumbing Fixtures LLC.
iii. Hydrotek International, Inc.
iv. Kohler Co.
v. Moen Incorporated.
vi. Sloan Valve Company.
vii. TOTO USA, INC.
viii. Zurn Industries, LLC; Commercial Brass and Fixtures.
b. Standard: ASSE 1037.
c. Minimum Pressure Rating: 125 psig.
d. Features: Include integral check stop and backflow-prevention device.
e. Material: Brass body with corrosion-resistant components.
f. Exposed Flushometer-Valve Finish: Chrome plated.
g. Style: Exposed.
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h. Actuator: Solenoid complying with UL 1951; listed a nd labeled as defined in
NFPA 70, by a qualified testing agency; and marked for intended location and
application.
i. Trip Mechanism: Battery-powered electronic sensor c omplying with UL 1951;
listed and labeled as defined in NFPA 70, by a qual ified testing agency; and
marked for intended location and application.
j. Consumption: As indicated on construction documents.
k. Minimum Inlet: NPS 3/4.
l. Minimum Outlet: NPS 3/4.
Execution
1. Examination
a. Examine roughing-in of water supply and sanitary dr ainage and vent piping
systems to verify actual locations of piping connections before urinal installation.
b. Examine walls and floors for suitable conditions where urinals will be installed.
c. Proceed with installation only after unsatisfactory conditions have been corrected.
2. Installation
a. Urinal Installation:
i. Install urinals level and plumb according to roughing-in drawings.
ii. Install wall-hung, back-outlet urinals onto waste fitting seals and attached
to supports.
iii. Install wall-hung, bottom-outlet urinals with tubular waste piping attached
to supports.
iv. Install accessible, wall-mounted urinals at mounting height for the
handicapped/elderly, according to ICC/ANSI A117.1.
b. Support Installation:
i. Install supports, affixed to building substrate, for wall-hung urinals.
ii. Use chair-type carrier supports with rectangular steel uprights for
accessible urinals.
c. Flushometer-Valve Installation:
i. Install flushometer-valve water-supply fitting on each supply to each
urinal.
ii. Attach supply piping to supports or substrate within pipe spaces behind
fixtures.
iii. Install fresh batteries in battery-powered, electronic-sensor mechanisms.
d. Wall Flange and Escutcheon Installation:
i. Install wall flanges or escutcheons at piping wall penetrations in exposed,
finished locations.
ii. Install deep-pattern escutcheons if required to conceal protruding fittings.
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iii. Comply with escutcheon requirements specified in Escutcheons for
Plumbing Piping.
e. Joint Sealing:
i. Seal joints between urinals and walls and floors using sanitary-type, one-
part, mildew-resistant silicone sealant.
ii. Match sealant color to urinal color.
iii. Comply with sealant requirements specified in Joint Sealants.
3. Connections
a. Connect urinals with water supplies and soil, waste, and vent piping. Use size
fittings required to match urinals.
b. Comply with water piping requirements specified in Domestic Water Piping.
c. Comply with soil and waste piping requirements specified in Sanitary Waste and
Vent Piping.
d. Where installing piping adjacent to urinals, allow space for service and
maintenance.
4. Adjusting
a. Operate and adjust urinals and controls. Replace damaged and malfunctioning
urinals, fittings, and controls.
b. Adjust water pressure at flushometer valves to produce proper flow.
c. Install fresh batteries in battery-powered, electronic-sensor mechanisms.
5. Cleaning and Protection
a. Clean urinals and fittings with manufacturers' recommended cleaning methods
and materials.
b. Install protective covering for installed urinals and fittings.
c. Do not allow use of urinals for temporary facilities unless approved in writing by
Owner.
Commercial Lavatories
Summary
1. Section Includes:
a. Lavatories.
b. Faucets.
Products
1. Lavatory: Oval, self-rimming, vitreous china, counter-mounted.
a. Basis-of-Design Product: Subject to compliance with requirements, provide
product indicated on Drawings or comparable product by one of the following:
i. American Standard America.
ii. Briggs Plumbing Products, Inc.
iii. Capizzi.
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iv. Crane Plumbing, L.L.C.
v. Ferguson Enterprises, Inc.; ProFlo Brand.
vi. Gerber Plumbing Fixtures LLC.
vii. Kohler Co.
viii. Mansfield Plumbing Products LLC.
ix. Peerless Pottery Sales, Inc.
x. TOTO USA, INC.
xi. Zurn Industries, LLC; Commercial Brass and Fixtures.
b. Fixure:
i. Standard: ASME A112.19.2/CSA B45.1.
ii. Type: Self-rimming for above-counter mounting.
iii. Nominal Size: Oval, 19 by 17 inches.
iv. Nominal Size: Round, 19 inches.
v. Faucet-Hole Punching: One hole.
vi. Faucet-Hole Location: Top.
vii. Color: White.
viii. Mounting Material: Sealant.
2. Solid-Brass, Sensor Operated Faucets
a. NSF Standard: Comply with NSF/ANSI 61, "Drinking Wa ter System
Components- Health Effects," for faucet materials t hat will be in contact with
potable water.
b. Lavatory Faucets: Sensor Operated-type, commercial, solid-brass valve.
i. Basis-of-Design Product: Subject to compliance with requirements,
provide product indicated on Drawings or comparable product by one of
the following:
1. American Standard America.
2. Bradley Corporation.
3. Chicago Faucets.
4. Delta Faucet Company.
5. Elkay Manufacturing Co.
6. Grohe America, Inc.
7. Just Manufacturing.
8. Kohler Co.
9. Moen Incorporated.
10. Speakman Company.
11. T & S Brass and Bronze Works, Inc.
12. Zurn Industries, LLC; Commercial Brass and Fixtures.
13. Sloan
14. Zurn
ii. Standard: ASME A112.18.1/CSA B125.1.
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iii. General: Include hot- and cold-water indicators; co ordinate faucet inlets
with supplies and fixture hole punchings; coordinat e outlet with spout and
fixture receptor.
iv. Body Type: Centerset.
v. Body Material: Commercial, solid brass.
vi. Finish: Polished chrome plate.
vii. Maximum Flow Rate: As indicated on construction documents.
viii. Mounting Type: Deck, exposed.
ix. Spout: Rigid type.
x. Spout Outlet: Aerator.
xi. Drain: Grid Drain.
3. Supply Fittings
a. NSF Standard: Comply with NSF/ANSI 61, "Drinking Wa ter System
Components - Health Effects," for supply-fitting ma terials that will be in contact
with potable water.
b. Standard: ASME A112.18.1/CSA B125.1.
c. Supply Piping: Chrome-plated-brass pipe or chrome-p lated copper tube matching
water-supply piping size. Include chrome-plated-bra ss or stainless-steel wall
flange.
d. Supply Stops: Chrome-plated-brass, one-quarter-turn , ball-type or compression
valve with inlet connection matching supply piping.
e. Operation: Loose key.
f. Risers:
i. NPS 1/2.
ii. Chrome-plated, soft-copper flexible tube ASME A112. 18.6, braided- or
corrugated-stainless-steel, flexible hose riser.
4. Waste Fittings
a. Standard: ASME A112.18.2/CSA B125.2.
b. Drain: Grid type with NPS 1-1/4offset and straight tailpiece.
c. Trap:
i. Size: NPS 1-1/2 by NPS 1-1/4.
ii. Material: Stainless-steel, two-piece trap and swive l elbow with 0.012-inch
thick stainless-steel tube to wall; and stainless-steel wall flange.
Execution
1. Examination
a. A. Examine roughing-in of water supply and sanitary drainage and vent piping
systems to verify actual locations of piping connec tions before lavatory
installation.
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b. Examine counters and walls for suitable conditions where lavatories will be
installed.
c. Proceed with installation only after unsatisfactory conditions have been corrected.
2. Installation
a. Install lavatories level and plumb according to roughing-in drawings.
b. Install supports, affixed to building substrate, for wall-mounted lavatories.
c. Install wall flanges or escutcheons at piping wall penetrations in exposed, finished
locations. Use deep-pattern escutcheons if required to conceal protruding fittings.
Comply with escutcheon requirements specified in Es cutcheons for Plumbing
Piping.
d. Seal joints between lavatories, counters, and walls using sanitary-type, one-part,
mildew-resistant silicone sealant. Match sealant co lor to fixture color. Comply
with sealant requirements specified in Joint Sealants.
e. Install protective shielding pipe covers and enclos ures on exposed supplies and
waste piping of accessible lavatories. Comply with requirements in Plumbing
Piping Insulation.
3. Connections
a. Connect fixtures with water supplies, stops, and ri sers, and with traps, soil, waste,
and vent piping. Use size fittings required to match fixtures.
b. Comply with water piping requirements specified in Domestic Water Piping.
c. Comply with soil and waste piping requirements spec ified in Sanitary Waste and
Vent Piping.
4. Adjusting
a. Operate and adjust lavatories and controls. Replace damaged and malfunctioning
lavatories, fittings, and controls.
b. Adjust water pressure at faucets to produce proper flow.
c. Install fresh batteries in battery-powered, electronic-sensor mechanisms.
5. Cleaning and Protection
a. After completing installation of lavatories, inspect and repair damaged finishes.
b. Clean lavatories, faucets, and other fittings with manufacturers' recommended
cleaning methods and materials.
c. Provide protective covering for installed lavatories and fittings.
d. Do not allow use of lavatories for temporary facili ties unless approved in writing
by Owner.
Commercial Sinks
Summary
1. Section Includes:
a. Service basins.
b. Handwash sinks.
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c. Pantry/Kitchen sinks.
d. Classroom sinks.
e. Sink faucets.
f. Supply fittings.
g. Waste fittings.
Products
1. Service Basins (Terrazzo, floor mounted):
a. Manufacturers: Subject to compliance with requireme nts, available manufacturers
offering products that may be incorporated into the Work include, but are not
limited to, the following:
i. Acorn Engineering Company.
ii. Crane Plumbing, L.L.C.
iii. Florestone Products Co., Inc.
iv. Stern-Williams Co., Inc.
b. Fixture:
i. Standard: IAPMO PS 99.
ii. Shape: Rectangular.
iii. Nominal Size: As indicated.
iv. Height: As indicated.
v. Tiling Flange: On one side.
vi. Rim Guard: On all exposed top surfaces.
vii. Color: Not applicable
viii. Drain: Grid with NPS 3 outlet.
c. Mounting: On floor and flush to wall.
d. Faucet: As indicated on construction document
2. Pantry / Kitchen Sinks (Stainless steel, wall mounted):
a. Manufacturers: Subject to compliance with requireme nts, available manufacturers
offering products that may be incorporated into the Work include, but are not
limited to, the following:
i. Advance Tabco.
ii. AERO Manufacturing Company.
iii. Amtekco Industries, Inc.
iv. Eagle Group; Foodservice Equipment Division.
v. Elkay Manufacturing Co.
vi. Griffin Products, Inc.
vii. Just Manufacturing.
b. Fixture:
i. Standards: ASME A112.19.3/CSA B45.4 and NSF/ANSI 2.
ii. Type: Basin with radius corners, back for faucet, and support brackets.
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iii. Nominal Size: As indicated.
c. Faucet: As indicated on construction document
d. Supply Fittings: Comply with requirements in "Supply Fittings" Article.
e. Waste Fittings: Comply with requirements in "Waste Fittings" Article.
f. Support: ASME A112.6.1M, Type II, sink carrier.
3. Classroom Sinks (Stainless steel, wall mounted):
a. Manufacturers: Subject to compliance with requireme nts, available manufacturers
offering products that may be incorporated into the Work include, but are not
limited to, the following:
i. Advance Tabco.
ii. AERO Manufacturing Company.
iii. Amtekco Industries, Inc.
iv. Eagle Group; Foodservice Equipment Division.
v. Elkay Manufacturing Co.
vi. Griffin Products, Inc.
vii. Just Manufacturing.
b. Fixture:
i. Standards: ASME A112.19.3/CSA B45.4 and NSF/ANSI 2.
ii. Type: Basin with radius corners, back for faucet, and support brackets.
iii. Nominal Size: As indicated.
c. Faucet: As indicated on construction document.
d. Supply Fittings: Comply with requirements in "Supply Fittings" Article.
e. Waste Fittings: Comply with requirements in "Waste Fittings" Article.
f. Support: ASME A112.6.1M, Type II, sink carrier.
4. Sink Faucets
a. NSF Standard: Comply with NSF/ANSI 61, "Drinking Water System
Components - Health Effects," for faucet-spout materials that will be in contact
with potable water.
b. Manufacturers: Subject to compliance with requireme nts, available manufacturers
offering products that may be incorporated into the Work include, but are not
limited to, the following:
i. American Standard America.
ii. Bradley Corporation.
iii. Chicago Faucets.
iv. Delta Faucet Company.
v. Elkay Manufacturing Co.
vi. GROHE America, Inc.
vii. Just Manufacturing.
viii. Kohler Co.
ix. Moen Incorporated.
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x. Speakman Company.
xi. T & S Brass and Bronze Works, Inc.
xii. Zurn Industries: Commercial Brass and Fixtures.
c. Standard: ASME A112.18.1/CSA B125.1.
d. General: Include hot- and cold-water indicators; co ordinate faucet inlets with
supplies and fixture hole punchings; coordinate out let with spout and sink
receptor.
e. Body Type: Widespread.
f. Body Material: Commercial, solid brass.
g. Finish: Polished chrome plate.
h. Maximum Flow Rate: As indicated on construction document.
i. Handle(s): Lever.
j. Mounting Type: Deck, exposed Back/wall, exposed.
k. Spout Type: Swivel gooseneck.
l. Vacuum Breaker: Required for hose outlet.
m. Spout Outlet: Aerator.
5. Supply Fittings
a. NSF Standard: Comply with NSF/ANSI 61, "Drinking Water System
Components - Health Effects," for supply-fitting materials that will be in contact
with potable water.
b. Standard: ASME A112.18.1/CSA B125.1.
c. Supply Piping: Chrome-plated brass pipe or chrome-plated copper tube matching
water-supply piping size. Include chrome-plated brass or stainless-steel wall
flange.
d. Supply Stops: Chrome-plated brass, one-quarter-turn, ball-type or compression
valve with inlet connection matching supply piping.
e. Operation: Wheel handle.
f. Risers:
i. NPS 1/2
ii. Chrome-plated, soft-copper flexible tube.
6. Waste Fittings
a. Standard: ASME A112.18.2/CSA B125.2.
b. Drain: Grid type with NPS 1-1/2 offset and straight tailpiece.
c. Trap:
i. Size: NPS 1-1/2.
ii. Material: Chrome-plated, two-piece, cast-brass trap and ground-joint
swivel elbow with 0.032-inch-thick brass tube to wall; and chrome-plated
brass or steel wall flange.
d. Material: Stainless-steel, two-piece trap and swivel elbow with 0.012-inchthick
stainless-steel tube to wall; and stainless-steel wall flange.
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7. Grout
a. Standard: ASTM C 1107/C 1107M, Grade B, post-hardening and volume
adjusting, dry, hydraulic-cement grout.
b. Characteristics: Non-shrink; recommended for interior and exterior applications.
c. Design Mix: 5000-psi, 28-day compressive strength.
d. Packaging: Premixed and factory packaged.
Execution
1. Examination
a. Examine roughing-in of water supply and sanitary drainage and vent piping
systems to verify actual locations of piping connections before sink installation.
b. Examine walls, floors, and counters for suitable conditions where sinks will be
installed.
c. Proceed with installation only after unsatisfactory conditions have been corrected.
2. Installation
a. Install sinks level and plumb according to roughing-in drawings.
b. Install supports, affixed to building substrate, for wall-hung sinks.
c. Install accessible wall-mounted sinks at handicapped/elderly mounting height
according to ICC/ANSI A117.1.
d. Set floor-mounted sinks in leveling bed of cement grout.
e. Install water-supply piping with stop on each supply to each sink faucet.
i. Exception: Use ball, gate, or globe valves if supply stops are not specified
with sink. Comply with valve requirements specified in General-Duty
Valves for Plumbing Piping.
ii. Install stops in locations where they can be easily reached for operation.
f. Install wall flanges or escutcheons at piping wall penetrations in exposed, finished
locations. Use deep-pattern escutcheons if required to conceal protruding fittings.
Comply with escutcheon requirements specified in Escutcheons for Plumbing
Piping.
g. G. Seal joints between sinks and counters, floors, and walls using sanitary-type,
one-part, mildew-resistant silicone sealant. Match sealant color to fixture color.
Comply with sealant requirements specified in Joint Sealants.
h. Install protective shielding pipe covers and enclosures on exposed supplies and
waste piping of accessible sinks. Comply with requirements in Plumbing Piping
Insulation.
3. Connections
a. Connect sinks with water supplies, stops, and risers, and with traps, soil, waste,
and vent piping. Use size fittings required to match fixtures.
b. Comply with water piping requirements specified in Domestic Water Piping.
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c. Comply with soil and waste piping requirements specified in Sanitary Waste and
Vent Piping.
4. Adjusting
a. Operate and adjust sinks and controls. Replace damaged and malfunctioning
sinks, fittings, and controls.
b. Adjust water pressure at faucets to produce proper flow.
5. Cleaning and Protection
a. After completing installation of sinks, inspect and repair damaged finishes.
b. Clean sinks, faucets, and other fittings with manufacturers' recommended
cleaning methods and materials.
c. Provide protective covering for installed sinks and fittings.
d. Do not allow use of sinks for temporary facilities unless approved in writing by
Owner.
Commercial Showers, Receptors, and Basins
Summary
1. Section Includes:
a. Shower faucets.
b. Grout.
Products
1. Shower Faucets
a. NSF Standard: Comply with NSF 61, "Drinking Water S ystem Components –
Health Effects," for shower materials that will be in contact with potable water.
b. Shower Faucets:
i. Basis-of-Design Product: Subject to compliance with requirements,
provide product indicated on Drawings or comparable product by one of
the following:
1. American Standard America.
2. Chicago Faucets.
3. Ferguson Enterprises, Inc.; ProFlo Brand.
4. Kohler Co.
5. Lawler Manufacturing Co., Inc.
6. Leonard Valve Company.
7. Matco-Norca.
8. Moen Incorporated.
9. Powers; a division of Watts Water Technologies, Inc.
10. Speakman Company.
11. Zurn Industries, LLC; AquaSpec Commercial Faucet Products.
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ii. Description: Single-handle, pressure-balance mixing valve with hot- and
cold water indicators; check stops; and shower head.
iii. Faucet:
1. Standards: ASME A112.18.1/CSA B125.1 and ASSE 1016.
2. Body Material: Solid brass.
3. Finish: Polished chrome plate.
4. Maximum Flow Rate: As indicated on construction documents.
5. Mounting: Concealed.
6. Operation: Single-handle, push-pull or twist or rotate control.
7. Antiscald Device: Integral with mixing valve.
8. Check Stops: Check-valve type, integral with or att ached to body
on hot and cold water supply connections.
iv. Supply Connections: NPS 1/2.
v. Shower Head:
1. Standard: ASME A112.18.1/CSA B125.1.
2. Type: Ball joint with arm and flange.
3. Shower Head Material: Metallic with chrome-plated finish, manual
proof.
4. Spray Pattern: Fixed.
5. Integral Volume Control: Required.
6. Shower-Arm, Flow-Control Fitting: As indicated on c onstruction
documents.
7. Temperature Indicator: Not required.
c. Grout:
i. Standard: ASTM C 1107/C 1107M, Grade B, post-harden ing and volume-
adjusting, dry, hydraulic-cement grout.
ii. Characteristics: Non-shrink; recommended for interi or and exterior
applications.
iii. Design Mix: 5000-psi, 28-day compressive strength.
iv. Packaging: Premixed and factory packaged.
Execution
1. Installation
a. Assemble shower components according to manufacturers' written instructions.
b. Install water-supply piping with stop on each supply to each shower faucet.
i. Exception: Use ball, gate, or globe valves if suppl y stops are not specified
with shower. Comply with valve requirements specifi ed in General-Duty
Valves for Plumbing Piping.
ii. Install stops in locations where they can be easily reached for operation.
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c. Install shower flow-control fittings with specified maximum flow rates in shower
arms.
d. Set shower receptors in leveling bed of cement grout.
e. Install wall flanges or escutcheons at piping wall penetrations in exposed, finished
locations. Use deep-pattern escutcheons if required to conceal protruding fittings.
Comply with escutcheons requirements specified in E scutcheons for Plumbing
Piping.
2. Connections
a. Connect fixtures with water supplies, stops, and ri sers, and with traps, soil, waste,
and vent piping. Use size fittings required to match fixtures.
b. Comply with water piping requirements specified in Domestic Water Piping.
c. Comply with traps and soil and waste piping require ments specified in Sanitary
Waste and Vent Piping.
3. Adjusting
a. Operate and adjust showers and controls. Replace da maged and malfunctioning
showers, fittings, and controls.
b. Adjust water pressure at faucets to produce proper flow.
4. Cleaning and Protection
a. After completing installation of showers, inspect and repair damaged finishes.
b. Clean showers, faucets, and other fittings with man ufacturers' recommended
cleaning methods and materials.
c. Provide protective covering for installed fixtures and fittings.
d. Do not allow use of showers for temporary facilitie s unless approved in writing
by Owner.
Water Fountains (Indoor Pressure Water Coolers)

1. Products
a. Available Manufacturers: Subject to compliance with requirements,
manufacturers offering products that may be incorporated into the Work include,
but are not limited to, the following:
i. Elkay Manufacturing Co.
ii. Halsey Taylor.
iii. Haws Corporation.
iv. Larco Inc.
v. Tri Palm International, LLC; Oasis Brand.
vi. Tri Palm International, LLC; Sunroc Brand.
b. Standards
i. Comply with NSF 61.
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ii. Comply with ASHRAE 34, "Designation and Safety Clas sification of
Refrigerants," for water coolers. Provide HFC 134a (tetrafluoroethane)
refrigerant unless otherwise indicated.
c. Cabinet: All stainless steel.
d. Bubbler: One, with adjustable stream regulator, located on deck.
e. Control: Push button.
f. Drain: Grid with NPS 1-1/4 tailpiece.
g. Supply: NPS 3/8with shutoff valve.
h. Waste Fitting: ASME A112.18.2/CSA B125.2, NPS 1-1/4brass P-trap.
i. Filter: One or more water filters complying with NS F 42 and NSF 53 for cyst and
lead reduction to below EPA standards, with capacit y sized for unit peak flow
rate.
j. Cooling System: Electric, with precooler, hermetically sealed compressor, cooling
coil, air-cooled condensing unit, corrosion-resista nt tubing, refrigerant, corrosion-
resistant-metal storage tank, and adjustable thermostat.
i. Electrical Components, Devices, and Accessories: Li sted and labeled as
defined in NFPA 70, by a qualified testing agency, and marked for
intended location and application.
k. Capacities and Characteristics:
i. Cooled Water: 8 gph.
ii. Electrical Characteristics:
1. Motor Horsepower: 1/6.
2. Volts: 120-V ac.
3. Phase: Single.
4. Hertz: 60.
Execution
1. Examination
a. Examine roughing-in for water-supply and sanitary d rainage and vent piping
systems to verify actual locations of piping connections before fixture installation.
b. Examine walls and floors for suitable conditions where fixtures will be installed.
c. Proceed with installation only after unsatisfactory conditions have been corrected.
2. Installation
a. Install fixtures level and plumb according to rough ing-in drawings. For fixtures
indicated for children, install at height required by authorities having jurisdiction.
b. Install off-the-floor carrier supports, affixed to building substrate, for wall
mounted fixtures.
c. Install mounting frames, affixed to building constr uction, and attach recessed,
pressure water coolers to mounting frames.
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d. Install water-supply piping with shutoff valve on s upply to each fixture to be
connected to domestic-water distribution piping. Us e ball, gate, or globe valve.
Install valves in locations where they can be easil y reached for operation. Valves
are specified in General-Duty Valves for Plumbing Piping.
e. Install trap and waste piping on drain outlet of ea ch fixture to be connected to
sanitary drainage system.
f. Install wall flanges or escutcheons at piping wall penetrations in exposed, finished
locations. Use deep-pattern escutcheons where requi red to conceal protruding
fittings. Comply with escutcheon requirements speci fied in Escutcheons for
Plumbing Piping.
g. Seal joints between fixtures and walls using sanita ry-type, one-part, mildew
resistant, silicone sealant. Match sealant color to fixture color. Comply with
sealant requirements specified in Joint Sealants.
3. Connections
a. Connect fixtures with water supplies, stops, and ri sers, and with traps, soil, waste,
and vent piping. Use size fittings required to match fixtures.
b. Comply with water piping requirements specified in Domestic Water Piping.
c. Install ball or gate shutoff valve on water supply to each fixture. Install valve
upstream from filter for water cooler. Comply with valve requirements specified
in General-Duty Valves for Plumbing Piping.
d. Comply with soil and waste piping requirements spec ified in Sanitary Waste and
Vent Piping.
4. Adjusting
a. Adjust fixture flow regulators for proper flow and stream height.
b. Adjust pressure water-cooler temperature settings.
5. Cleaning
a. After installing fixture, inspect unit. Remove pain t splatters and other spots, dirt,
and debris. Repair damaged finish to match original finish.
b. Clean fixtures, on completion of installation, acco rding to manufacturer's written
instructions.
c. Provide protective covering for installed fixtures.
d. Do not allow use of fixtures for temporary faciliti es unless approved in writing by
Owner.

Interior Lighting
Summary
1. Section Includes:
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a. This Section specifies the interior light fixtures for buildings and structures (in
part with lighting fixture drawings, schedules, and basis of design cut sheets).
b. Provide all labor, materials, and equipment as nece ssary to complete all work as
indicated on the drawings, and as specified herein.
c. The Contractor shall furnish and install all light fixtures, as shown on the
drawing. Light fixtures shall conform to the types and manufacturers as specified
on the drawings, schedules, basis of design cut sheets, and herein.
d. The Contractor shall furnish all lamps and necessar y hangers, supports, wiring,
etc., for installation of light fixtures.
e. Lighting fixture categories:
i. Interior lighting fixtures, lamps, and ballasts
ii. Interior solid-state luminaires that use LED technology.
iii. Emergency lighting units.
iv. Exit signs.
v. Lighting fixture supports.
2. Definitions
a. BF: Ballast factor.
b. CCT: Correlated color temperature.
c. CRI: Color-rendering index.
d. HID: High-intensity discharge.
e. LER: Luminaire efficacy rating.
f. Lumen: Measured output of lamp and luminaire, or both.
g. Luminaire: Complete lighting fixture, including ballast housing if provided.
h. LED: Light emitting diode
i. Luminaire efficiency: luminaire delivered lumens di vided by initial lamp lumens,
expressed in a percentage.
j. System input wattage: Total draw, expressed in watt s, of a luminaire system
comprised of the luminaire (see definition) any add itional auxiliary electrical
equipment that may require additional power to operate.
k. Approved Equal: Lighting fixture substitution diffe ring from the prime specified
catalog number, but in full compliance with lightin g fixture drawings and
specifications. Approved Equal status shall be dete rmined by the Lighting
Designer/Architect/Electrical Engineer.
l. IP: International protection or Ingress protection rating.
3. Quality Assurance
a. Luminaire Photometric Data Testing Laboratory Quali fications: Provided by
manufacturers' laboratories that are accredited und er the National Volunteer
Laboratory Accreditation Program for Energy Efficient Lighting Products.
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b. Electrical Components, Devices, and Accessories: Li sted and labeled as defined
in NFPA 70, by a qualified testing agency, and mark ed for intended location and
application.
c. Comply with NFPA 70.
d. FM Global Compliance: Lighting fixtures for hazardo us locations shall be listed
and labeled for indicated class and division of hazard by FM Global.
e. Contractor shall patch all holes, cracks, and poten tial light leaks so that sheet rock
ceilings have a seamless and smooth transition from ceiling to fixture trim and/or
housing.
f. Contractor shall replace blemished, damaged, or uns atisfactory fixtures as direct
by the Owner’s representative.
g. Fixture manufacturer(s) shall coordinate conduit en try locations with installing
contractor.
4. Warranty
a. Special Warranty for Emergency Lighting Batteries: Manufacturer's standard
form in which manufacturer of battery-powered emerg ency lighting unit agrees to
repair or replace components of rechargeable batter ies that fail in materials or
workmanship within specified warranty period.
i. Warranty Period for Emergency Lighting Unit Batteri es: 10 years from
date of Substantial Completion. Full warranty shall apply for first year,
and prorated warranty for the remaining nine years.
b. Warranty on LED luminaires and lamps: Manufacturer to provide 5 year
minimum warranty, with extended warranty option.
Products
1. General Requirements for Lighting Fixtures and Components
a. Recessed Fixtures: Comply with NEMA LE 4 for ceilin g compatibility for
recessed fixtures.
b. Comply with UL 1598
c. Metal Parts: Free of burrs and sharp corners and edges.
d. Sheet Metal Components: Steel unless otherwise indi cated. Form and support to
prevent warping and sagging.
e. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage
under operating conditions, and designed to permit re-lamping without use of
tools. Designed to prevent doors, frames, lenses, d iffusers, and other components
from falling accidentally during re-lamping and whe n secured in operating
position.
f. Diffusers and Globes:
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i. Acrylic Lighting Diffusers: 100 percent virgin acry lic plastic. High
resistance to yellowing and other changes due to ag ing, exposure to heat,
and UV radiation.
1. Lens Thickness: At least 0.125 inch minimum unless otherwise
indicated.
2. UV stabilized.
ii. Glass: Annealed crystal glass unless otherwise indicated.
g. Factory-Applied Labels: Comply with UL 1598. Include recommended lamps and
ballasts. Labels shall be located where they will b e readily visible to service
personnel, but not seen from normal viewing angles when lamps are in place.
i. Label shall include the following lamp and ballast characteristics:
1. "USE ONLY" and include specific lamp type.
2. Lamp diameter code (T-4, T-5, T-8, T-12, etc.), tub e configuration
(twin, quad, triple, etc.), base type, and nominal wattage for
fluorescent and compact fluorescent luminaires.
3. Lamp type, wattage, bulb type (ED17, BD56, etc.) an d coating
(clear or coated) for HID luminaires.
4. Start type (preheat, rapid start, instant start, et c.) for fluorescent
and compact fluorescent luminaires.
5. ANSI ballast type (M98, M57, etc.) for HID luminaires.
6. CCT and CRI for all luminaires.
h. Air-Handling Fluorescent Fixtures: For use with ple num ceiling for air return and
heat extraction and for attaching an air-diffuser-b oot assembly specified in other
sections for "Diffusers, Registers, and Grilles."
i. Air-Supply Units: Slots in one or both side trims j oin with air-diffuser-
boot assemblies.
ii. Heat-Removal Units: Air path leads through lamp cavity.
iii. Combination Heat-Removal and Air-Supply Unit: Heat is removed
through lamp cavity at both ends of the fixture doo r with air supply same
as for air supply units.
iv. Dampers: Operable from outside fixture for control of return-air volume.
v. Static Fixture: Air-supply slots are blanked off, a nd fixture appearance
matches active units.
2. General Requirements for Electronic Ballasts:
a. Comply with UL 935 and with ANSI C82.11.
b. Designed for type and quantity of lamps served.
c. Ballasts shall be designed for full light output un less another BF, dimmer, or bi-
level control is indicated.
d. Sound Rating: Class A.
e. Total Harmonic Distortion Rating: Less than 10 percent.
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f. Transient Voltage Protection: IEEE C62.41.1 and IEE E C62.41.2, Category A or
better.
g. Operating Frequency: 42 kHz or higher.
h. Lamp Current Crest Factor: 1.7 or less.
i. BF: 0.88 or higher.
j. Power Factor: 0.95 or higher.
k. Parallel Lamp Circuits: Multiple lamp ballasts shal l comply with ANSI C82.11
and shall be connected to maintain full light outpu t on surviving lamps if one or
more lamps fail.
3. Luminaires controlled by occupancy sensors shall have programmed-start ballasts.
a. Electronic Programmed-Start Ballasts for T8 Lamps: Comply with ANSI C82.11
and the following:
i. Lamp end-of-life detection and shutdown circuit for T5 diameter lamps.
ii. Automatic lamp starting after lamp replacement.
b. Single Ballasts for Multiple Lighting Fixtures: Fac tory wired with ballast
arrangements and bundled extension wiring to suit f inal installation conditions
without modification or rewiring in the field.
c. Ballasts for Low-Temperature Environments:
i. Temperatures 0 Deg F and Higher: Electronic type ra ted for 0 degrees F
starting and operating temperature with indicated lamp types.
d. Temperatures Minus 20 Deg F and Higher: Electromagn etic type designed for use
with indicated lamp types.
e. Ballasts for Dimmer-Controlled Lighting Fixtures: Electronic type.
i. Dimming Range: 100 to 5 percent of rated lamp lumens.
ii. Ballast Input Watts: Can be reduced to 20 percent of normal.
iii. Compatibility: Certified by manufacturer for use wi th specific dimming
control system and lamp type indicated.
f. Control: Coordinate wiring from ballast to control device to ensure that the
ballast, controller, and connecting wiring are compatible.
g. Ballasts for Bi-Level Controlled Lighting Fixtures: Electronic type.
i. Operating Modes: Ballast circuit and leads provide for remote control of
the light output of the associated lamp between hig h- and low-level and
off.
1. High-Level Operation: 100 percent of rated lamp lumens.
2. Low-Level Operation: 30 percent of rated lamp lumens.
ii. Ballast shall provide equal current to each lamp in each operating mode.
iii. Compatibility: Certified by manufacturer for use wi th specific bi-level
control system and lamp type indicated.
4. Ballasts for Compact Fluorescent Lamps
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a. Description: Electronic-programmed rapid-start type, complying with UL 935 and
with ANSI C 82.11, designed for type and quantity o f lamps indicated. Ballast
shall be designed for full light output unless dimm er or bi-level control is
indicated:
i. Lamp end-of-life detection and shutdown circuit.
ii. Automatic lamp starting after lamp replacement.
iii. Sound Rating: Class A.
iv. Total Harmonic Distortion Rating: Less than 20 percent.
v. Transient Voltage Protection: IEEE C62.41.1 and IEE E C62.41.2,
Category A or better.
vi. Operating Frequency: 20 kHz or higher.
vii. Lamp Current Crest Factor: 1.7 or less.
viii. BF: 0.95 or higher unless otherwise indicated.
ix. Power Factor: 0.95 or higher.
x. Interference: Comply with 47 CFR 18, Ch. 1, Subpart C, for limitations on
electromagnetic and radio-frequency interference fo r non-consumer
equipment.
5. Ballasts for Hid Lamps
a. Electronic Ballast for Metal-Halide Lamps: Include the following features unless
otherwise indicated:
i. Minimum Starting Temperature: Minus 20 deg F for single-lamp ballasts.
ii. Rated Ambient Operating Temperature: 130 deg F.
iii. Lamp end-of-life detection and shutdown circuit.
iv. Sound Rating: Class A.
v. Total Harmonic Distortion Rating: Less than 20 percent.
vi. Transient Voltage Protection: IEEE C62.41.1 and IEE E C62.41.2,
Category A or better.
vii. Lamp Current Crest Factor: 1.5 or less.
viii. Power Factor: 0.90 or higher.
ix. Interference: Comply with 47 CFR 18, Ch. 1, Subpart C, for limitations on
electromagnetic and radio-frequency interference fo r non-consumer
equipment.
x. Protection: Class P thermal cutout.
6. Power Supplies (Drivers) for LED Lamps
a. Electronic power supply/driver for LED luminaires a nd lamps: Include the
following features unless otherwise indicated:
i. Driver shall be constant current type.
ii. 0-10v dimming
iii. UL Class 2 designed for use with any 12v or 24v UL class 2 devices
iv. Operating Ambient Temperature -40 to 150 deg F.
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v. Sound Rating: Class A
vi. DC control voltage shall have maximum peak to peak ripple of 10% VDC.
Short-term transient voltage of control devices must not exceed 14 volts.
b. LED power supply/driver manufacturer shall state co mpatibility with submitted
lighting control system, and areas where intended o peration and lifetime may be
impacted.
7. Quartz Lamp Light Controller
a. General Requirements for Controllers: Factory insta lled by lighting fixture
manufacturer. Comply with UL 1598.
b. Standby (Quartz Restrike): Automatically switches q uartz lamp on when a HID
lamp in the fixture is initially energized and duri ng the HID lamp restrike period
after brief power outages.
c. Connections: Designed for a single branch -circuit connection.
d. Switching Off: Automatically switches quartz lamp o ff when HID lamp reaches
approximately 60 percent light output.
8. Exit Signs
a. General Requirements for Exit Signs: Comply with UL 924; for sign colors,
visibility, luminance, and lettering size, comply w ith authorities having
jurisdiction.
b. Internally Lighted Signs:
i. Lamps for AC Operation: LEDs, 50,000 hours minimum rated lamp life.
9. Emergency Lighting Units
a. General Requirements for Emergency Lighting Units: Self-contained units
complying with UL 924.
i. Battery: Sealed, maintenance-free, lead-acid type.
ii. Charger: Fully automatic, solid-state type with sealed transfer relay.
iii. Operation: Relay automatically turns lamp on when p ower-supply circuit
voltage drops to 80 percent of nominal voltage or b elow. Lamp
automatically disconnects from battery when voltage approaches deep-
discharge level. When normal voltage is restored, r elay disconnects lamps
from battery, and battery is automatically recharge d and floated on
charger.
iv. Test Push Button: Push-to-test type, in unit housin g, simulates loss of
normal power and demonstrates unit operability.
v. LED Indicator Light: Indicates normal power on. Nor mal glow indicates
trickle charge; bright glow indicates charging at end of discharge cycle.
vi. Remote Test: Switch in hand-held remote device aime d in direction of
tested unit initiates coded infrared signal. Signal reception by factory-
installed infrared receiver in tested unit triggers simulation of loss of its
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normal supply, providing visual confirmation of eit her proper or failed
emergency response.
vii. Integral Self-Test: Factory-installed electronic de vice automatically
initiates code-required test of unit emergency oper ation at required
intervals. Test failure is annunciated by an integr al audible alarm and a
flashing red LED.
10. Fluorescent Lamps
a. T8 rapid-start lamps, rated 32 W maximum, nominal l ength of 48 inches, 2800
initial lumens (minimum), CRI 75 (minimum), color t emperature 3500 K, and
average rated life 20,000 hours unless otherwise indicated.
b. T8 rapid-start lamps, rated 17 W maximum, nominal l ength of 24 inches, 1300
initial lumens (minimum), CRI 75 (minimum), color t emperature 3500 K, and
average rated life of 20,000 hours unless otherwise indicated.
c. T5 rapid-start lamps, rated 28 W maximum, nominal l ength of 45.2 inches, 2900
initial lumens (minimum), CRI 85 (minimum), color t emperature 3500 K, and
average rated life of 20,000 hours unless otherwise indicated.
d. T5HO rapid-start, high-output lamps, rated 54 W max imum, nominal length of
45.2 inches, 5000 initial lumens (minimum), CRI 85 (minimum), color
temperature 3500 K, and average rated life of 20,00 0 hours unless otherwise
indicated.
e. Compact Fluorescent Lamps: 4-Pin, CRI 80 (minimum), color temperature 3500
K, average rated life of 10,000 hours at three hour s operation per start, and
suitable for use with dimming ballasts unless otherwise indicated:
i. 13 W: T4, double or triple tube, rated 900 initial lumens (minimum).
ii. 18 W: T4, double or triple tube, rated 1200 initial lumens (minimum).
iii. 26 W: T4, double or triple tube, rated 1800 initial lumens (minimum).
iv. 32 W: T4, triple tube, rated 2400 initial lumens (minimum).
v. 42 W: T4, triple tube, rated 3200 initial lumens (minimum).
vi. 57 W: T4, triple tube, rated 4300 initial lumens (minimum).
vii. 70 W: T4, triple tube, rated 5200 initial lumens (minimum).
11. Hid Lamps
a. Metal-Halide Lamps: ANSI C78.43, with minimum CRI 6 5, and color
temperature 4000 K.
b. Pulse-Start, Metal-Halide Lamps: Minimum CRI 65, & color temperature 400 K.
c. Low-Pressure Sodium Lamps: ANSI 78.41, CRI 0, & color temperature 1800 K.
12. Lighting Fixture Support Components
a. Comply with requirements in other sections for chan nel- and angle-iron supports
and nonmetallic channel and angle supports.
b. B. Single-Stem Hangers: 1/2-inch steel tubing with swivel ball fittings and ceiling
c. canopy. Finish same as fixture.
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d. Twin-Stem Hangers: Two, 1/2-inch steel tubes with s ingle canopy designed to
mount a single fixture. Finish same as fixture. Wir es: ASTM A 641/A 641M,
Class 3, soft temper, zinc-coated steel, 12 gage.
e. Wires for Humid Spaces: ASTM A 580/A 580M, Composit ion 302 or 304,
annealed stainless steel, 12 gage.
f. Rod Hangers: 3/16-inch minimum diameter, cadmium-plated, threaded steel rod.
g. Hook Hangers: Integrated assembly matched to fixtur e and line voltage and
equipped with threaded attachment, cord, and locking-type plug.
13. LED Lamps
a. LED modules shall be field serviceable from below in non-accessible ceilings.
LED ’s shall be RoHS compliant, 85 CRI (minimum), with a maximum of 2.5
step McAdam ellipse color consistency. LED data shall be tested in compliance
with IESNA LM-70, LM-80 and TM-21 protocol. Lamp life shall be 50,000 hours
(minimum) at L70. Intended LED current (mA) and driver shall be fully
compatible, as stated so by both manufacturers.
Execution
1. Installation
a. Lighting Fixtures
i. Read all installation instructions provided by ligh ting fixture manufacturer
prior to install.
ii. Provide rough-in for pour-in place concrete ceiling s and recessed fixtures
as needed.
iii. Provide ceiling-cut outs in sheetrock, as instructe d by fixture
manufacturer.
iv. Set level, plumb, and square with ceilings and wall s unless otherwise
indicated. Center continuous run fixtures within cove or ceiling opening.
v. Install lamps in each luminaire.
vi. Install trim, or any overlap flange pieces to conce al unfinished ceiling
surfaces.
vii. Patch and paint sheetrock to conceal holes or light leaks between fixture
trim/edge and ceiling. Take out lamp and trim finish prior to patching.
b. Lamps, lenses, louvers, and other optical assemblie s shall be wiped clean of dust
no more than 14 days prior to opening. Temporary Lighting: If it is necessary, and
approved by Architect, to use permanent luminaires for temporary lighting, install
and energize the minimum number of luminaires neces sary. When construction is
sufficiently complete, remove the temporary luminai res, disassemble, clean
thoroughly, install new lamps, and reinstall.
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c. Remote Mounting of Ballasts: Distance between the b allast and fixture shall not
exceed that recommended by ballast manufacturer. Ve rify, with ballast
manufacturers, maximum distance between ballast and luminaire.
d. Lay-in Ceiling Lighting Fixtures Supports: Use grid as a support element.
i. Install ceiling support system rods or wires, indep endent of the ceiling
suspension devices, for each fixture. Locate not mo re than 6 inches from
lighting fixture corners.
ii. Support Clips: Fasten to lighting fixtures and to ceiling grid members at or
near each fixture corner with clips that are UL listed for the application.
iii. Fixtures of Sizes Less Than Ceiling Grid: Install a s indicated on reflected
ceiling plans or center in acoustical panel, and su pport fixtures
independently with at least two 3/4-inch metal chan nels spanning and
secured to ceiling tees.
iv. Install at least one independent support rod or wir e from structure to a tab
on lighting fixture. Wire or rod shall have breakin g strength of the weight
of fixture at a safety factor of 3.
e. Suspended Lighting Fixture Support:
i. Pendants and Rods: Where longer than 48 inches, brace to limit swinging.
ii. Stem-Mounted, Single-Unit Fixtures: Suspend with twin-stem hangers.
iii. Continuous Rows: Use tubing or stem for wiring at o ne point and tubing
or rod for suspension for each unit length of fixtu re chassis, including one
at each end.
iv. Do not use grid as support for pendant luminaires. Connect support wires
or rods to building structure.
v. Prior to order, confirm and coordinate fixture moun ting height, and
dimensions/length of required support.
f. Air-Handling Lighting Fixtures: Install with damper s closed and ready for
adjustment.
g. Connect wiring according to requirements in other sections.
h. Contractor to coordinate all junction boxes, conduit and feeds with lighting fixture
locations.
2. Identification
a. Install labels with panel and circuit numbers on co ncealed junction and outlet
boxes. Comply with requirements for identification specified in other sections.
3. Field Quality Control
a. Test for Emergency Lighting: Interrupt power supply to demonstrate proper
operation. Verify transfer from normal power to battery and retransfer to normal.
b. Prepare a written report of tests, inspections, obs ervations, and verifications
indicating and interpreting results. If adjustments are made to lighting system,
retest to demonstrate compliance with standards.
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4. Startup Service
a. Burn-in all lamps that require specific aging perio d to operate properly, prior to
occupancy by Owner. Burn-in fluorescent and compact fluorescent lamps
intended to be dimmed, for at least 100 hours at full voltage.
5. Adjusting
a. Under the direction of the Lighting Designer, adjus t, trim, and lock all luminaires
having adjustable components during on-site aiming. Provide a minimum of three
(3) visits to Project, with the lighting designer, during other-than-normal
occupancy hours, and in the absence of daylight for initial aiming.
b. Occupancy Adjustments: When requested within 12 mon ths of date of Substantial
Completion, provide on-site assistance in adjusting aimable luminaires to suit
actual occupied conditions. Provide up to two visit s to Project during other-than
normal occupancy hours for this purpose. Some of th is work may be required
after dark.
i. Adjust aimable luminaires in the presence of Architect.
c. All tools, lifts, and necessary equipment to access and adjust luminaires shall be
provided by the Installing Contractor during initia l aiming and occupancy
adjustments.

Restroom (Family)
• 60-75 SF
• Slip-Resistant Epoxy flooring with EBC base
• ACT ceiling
• Tile on walls: running bond throughout
• Same restroom fixtures and accessories as described in Locker Room requirements
• Should contain Baby Changing Station
Restroom (Men’s Standard)
• Size dependent on facility
• Slip-Resistant Epoxy flooring with EBC base
• ACT ceiling
• Tile on walls: running bond throughout
• Same restroom fixtures and accessories as described in Locker Room requirements
• Should contain Baby Changing Station
Restroom (Women’s Standard)
• Size dependent on facility
• Slip-Resistant Epoxy flooring with EBC base
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• ACT ceiling
• Tile on walls: running bond throughout
• Same restroom fixtures and accessories as described in Locker Room requirements
• Should contain Baby Changing Station
• Please DO NOT INCLUDE Sanitary Napkins Dispensers in any locker room or restroom.

Restroom Accessories

Quality Assurance

1. Provide each type of products of one manufacturer. Provide locks with same keying for
all accessory units in the project.
2. Stamped names or labels on exposed faces of units not permitted.

Products

1. Manufacturers
a. Where a manufacturer's product is specified as a Basis of Design, equal products
as manufactured by BOBRICK, BRADLEY, AJW, AMERICAN SPECIALTIES,
may be used provided the product meets the requirements of the specifications,
unless otherwise indicated.
2. Items
a. Toilet Paper Dispenser: Single jumbo roll; stainless steel
i. Basis of Design: BOBRICK B-2890
b. Combination Towel Dispenser/Waste Receptacle: Recessed, stainless steel;
seamless wall flanges, continuous piano hinges, tumbler lock.
i. Basis of Design: BOBRICK B-3803 Trim Line
c. Soap Dispenser: Surface mounted on wall with concealed mounting, stainless
steel housing; welded 18 gage; Stainless steel 304 satin finish.
i. Basis of Design: Product: BOBRICK B-26617 Trim Line Series.
d. Towel Dispenser: Recessed, stainless steel; seamless wall flanges, continuous
piano hinges, tumbler lock.
i. Basis of Design: BOBRICK B-35903 Trim Line
e. Grab Bars: Stainless steel, nonslip grasping surface finish.
i. Standard Duty Grab Bars
1. Push/Pull Point Load: 250 pound-force minimum.
2. Dimensions: 1-1/4 inch (32 mm) outside diameter, minimum 0.05
inch wall thickness, concealed flange mounting, 1-1/2 inch
clearance between wall and inside of grab bar.
3. Length and Configuration: As indicated on drawings.
4. Products: B-5806 Series as manufactured by BOBRICK.
5. Style and Length
a. As indicated; where not indicated provide 42” long
horizontal and 18vertical bars.
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b. Provide both horizontal and vertical bars.
f. Sanitary Napkin Disposal Unit: Stainless steel, surface-mounted, self-closing
door, locking bottom panel with full-length stainless steel piano-type hinge,
removable receptacle.
i. Product: Model 4781-15 manufactured by BRADLEY.
g. Infant Changing Table
i. Description: Surface mount, fold down stainless steel cover. Concave
molded polyethylene changing surface with safety strap. Folds up flat
against wall when not in use. Provide with integral sanitary liner holder.
1. Sanitary Liners: Provide 2 cases (approximately 2,800) disposable
liners.
ii. Manufacturer Koala Bear Kare Horizontal Baby Changing Station by
Koala Corporation, Brocar Products or Four D, Inc.
h. Mop Strip
i. Description: Stainless steel, satin finish back plate with three spring
activated rubber cam mop holders.
ii. Location: Provide at each janitors sink. Coordinate height with Architect.
iii. Product: Bradley Model 9953.
i. Mirrors - Framed Type: BOBRICK B-290 Series.
i. Frame: Stainless steel angle, theft resistant concealed fasteners.
ii. Glass: Float 1/4" thick with full silver coating, copper coating and organic
coating. Warranted by manufacturer 10 years against silver spoilage.
Sizes: As indicated or scheduled on the drawings.
j. Towel and Clothes Hooks: Rockwood Model RM828; US32D finish. Equal type
by Mockett or Peter Pepper.
k. Shower Hooks: BOBRICK Model 204-1; stainless steel.
l. Shower Curtain Rod: BOBRICK Series B-6047
i. Description: Type 304, 18 gauge stainless steel.
ii. Diameter: 1-1/4".
iii. Length: Field verify.
iv. Provide with mounting flanges and escutcheons.
m. Shower/Drying Seat: BOBRICK Model B-5181.
i. Description: Folding type; reversible.
ii. Frame: Stainless steel tubing, type 304, 1-1/4 ” diameter; 16 gauge.
iii. Seat: Solid phenolic; color as selected by Architect.
3. Schedule of Accessories
a. Location, quantity and mounting height of accessories as indicated on
architectural drawings.
b. Keyed Units: Key all similar types of units alike. Provide two keys per unit.

Installation

1. Install in accordance with manufacturer's instructions using fasteners which are
appropriate for substrate and recommended by manufacturer of unit. Install units and
plumb and level, firmly anchored in positions indicated.
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2. Provide concealed fasteners wherever possible of types required for substrate conditions
encountered.
a. Metal Stud and Gypsum Board: Screws or bolts anchored to 16 gage (minimum)
metal plate blocking or wood blocking located within stud space.
b. Concrete Masonry Units: Integral fasteners (i.e. expansion anchors, etc.).
c. Metal Lath and Plaster and Studs: Toggle bolts.
3. Lead, plastic or fiber plugs are not acceptable.
4. Grab Bars: Coordinate grab bar locations as to right hand or left hand installations with
field conditions.
a. Install to withstand a downward load of at least 250 lbf, when tested according to
ASTM F446.
5. Upon completion of installation, adjust each accessory unit for proper operation and
clean exposed surfaces. Turn over keys to designated Owner's personnel.

Storage Room
• Size dependent on facility
• Should contain shelving and storage rack system
• SC flooring with CRB base
• EST ceiling
Doors and windows
• Main entrance should have push button automatic opening for ADA.
Electrical Room
• Typically 60-80 SF
• SC flooring with CRB base
• EST ceiling
Mechanical Room
• Typically 80-100 SF
• SC flooring with CRB base
• EST ceiling
Video Equipment
• Video Projector
o WUXGA 1920 x 1200 pixel resolution. 5,200 Lumens br ight. 10,000:1 contrast
ratio
o Light Source: Laser diodes (laser class 1) 20,000 hours to ½ brightness.
o Single Chip DLP, imaging technology
o Provide with manual projector lens coordinated with projection screen and throw
distance
o Provide with HDMI, DVI input options
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o Provide with compatible HD Base T (digital link) co nnection that is compatible
with the specified XTP matrix switch output.
o Provide appropriate mounting hardware and surge protector
o Acceptable Product:
 Panasonic PT-RZ570 with Chief RPMA324 and SurgeX SA -82, or
approved equal
• Flat panel display 65” High Definition Display
o Aspect Ratio 16:93. Contrast Ratio 5,000,000:14.
o Provide with HDMI connectivity
o Provide with digital and analog tuner
o Provide with Wall Mount
o Provide with surge protector8.
o Acceptable Product:
 NEC E655, with SurgeX SA-82, and Chief XTM1U, or approved equal
• Motor Operated Projection Screen
o Type: Motor operated, remote controlled, recessed ceiling mounted.
o Screen: Flame retardant and mildew resistant, mat w hite with black masking
borders. Vertical seams permitted at minimum 6' on center. HDTV 16:9 format.
 Provide extra drop length of dimension indicated to comply with the
following requirements for fabric color and location of drop length:
• Color: Black
• Location: At top of screen
• Provide drop length as required for bottom of scree n to be set 3 ’
above floor. Coordinate each screen with ceiling/s creen mounting
height
o Doors: Independently motorized. Field finished to match ceiling.
o Motor: 3-wire quick reversal type; ball bearing wit h automatic overload cut-off
and integral interlocking gears.
 Power: 115V, 60 Hz, 3.5 amp.
 Controls: Key operated 3-position switch ("UP", "OFF", "DOWN").
 Provide with pre-set but accessible limit switches to automatically stop
screen fabric in the up and down position. Provide positive stop action.
o Case: Extruded aluminum back, top and front with stamped steel end caps.
o Mounting Brackets: Provide ceiling mount type brack ets of quantity as required
by manufacturer.
o Manufacturer: Signature Series V Motorized Screen w ith M1300 Viewing
Surface by DRAPER or equal by DA-LITE SCREEN COMPAN Y,
BRETFORD/KNOX MANUFACTURING

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Audio Visual Systems
Audio Visual Systems – Gymnasium
Digital, Addressable Fire Alarm System
Site Clearing (Landscape)
Earth Moving (Landscape)
Splash Pads
Splash Pad Protective Surfacing
Playground Surfacing
Ornamental Fencing and Gates
Chain Link Fencing and Gates
Turf and Grasses
Concrete Paving
Plants
Irrigation
Generators
Mirrors
Roller Window Shades
Evacuation Maps
Gender Neutral Restrooms
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Fire Extinguishers and Cabinets

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Quality Assurance
1. Provide fire extinguishers complying with Fire Prot ection Association (NFPA) Pamphlet
No. 10.
2. Provide only new portable fire extinguishers fully loaded, tested and approved by
Underwriter's Laboratories (UL), and ready for use.
Products
1. Acceptable Manufacturers
a. Portable Fire Extinguishers
i. AMEREX CORP.
ii. ANSUL INC.
iii. BUCKEYE FIRE EQUIPMENT COMPANY
iv. WALTER KIDDE, THE FIRE EXTINGUISHER CO.
v. J. L. INDUSTRIES
vi. LARSEN ’S MANUFACTURING COMPANY
vii. POTTER-ROEMER
viii. WATROUS
b. Fire Extinguisher Cabinets
i. J.L. INDUSTRIES
ii. LARSEN ’S MANUFACTURING COMPANY
iii. POTTER-ROEMER
iv. WATROUS
v. THE WILLIAMS BROTHERS CORP.
c. Where a specific manufacturer's product is specifie d herein it is to establish a
level of quality. Products by the other manufacture rs listed are acceptable
providing they meet these specifications.
2. Fire Extinguishers
a. Multipurpose Dry-Chemical Type: Fabricate in accord ance with NFPA No.10,
10A, and 10L and UL Standards, except hose, gauge f ace cover, and horn cone
parts shall be metal. No plastic or nylon valves, t rigger/handle, casing, or gauge
will be acceptable. Fire extinguishers, unless indi cated otherwise, shall be 10 Ib.
multi-purpose dry chemical type for use on A, B, an d C fires (4A-60BC), with
hose and horn.
i. Provide this type throughout facility, unless noted otherwise.
b. Wet Chemical Type: Fabricate in accordance with NFP A No.10, 10A, and 10L,
UL Standards, and State Codes, except hose, gauge f ace cover, and horn cone
parts shall be metal. No plastic or nylon valves, t rigger/handle, casing, or gauge
will be acceptable. Fire extinguishers shall be 6 l iter potassium acetate wet
chemical type for use on Class K fires.
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i. Provide wet chemical extinguishers in kitchen area and where noted.
c. Size: 21-1/2” high x 8-1/2” wide x 5” deep.
3. Fire Extinguisher Cabinets
a. Provide steel construction.
b. Basis of Design: Drawings and specifications are ba sed on LARSEN
Architectural Line with full glass door. LARSEN cat alog numbers are listed to
establish a standard of quality and mounting type. Equal products may be
provided from the listed acceptable manufacturers. Provide the following wall
mounting types where a specific type of cabinet is indicated on the drawings.
i. Recessed - Steel: 2409-R, Flat Trim.
ii. Surface Mount - Steel: 2409-SM.
iii. Semi-Recessed - Steel: 2409-6R.
iv. Doors
1. Gymnasium: Solid
2. All Other Areas: Full glass
c. Coordinate final model size with fire extinguisher.
d. Finish: Baked enamel, color as selected by Architect in collaboration with DPR.
e. Mounting Brackets: Provide manufacturer's standard plated finish, heavy duty
mounting brackets for surface mounted fire extinguishers. Provide proper size and
type for capacity of extinguishers indicated.
f. Fire Rated Cabinets: Listed and labeled to meet req uirements of ASTM E814 for
fire resistance rating of wall where it is installed.
i. Construct fire rated cabinets with double walls fab ricated from 0.0478
inch thick, cold rolled steel sheet lined with mini mum 5/8 inch thick, fire
barrier material.
g. Identification: Lettering complying with authoritie s having jurisdiction for letter
style, size, spacing, and location. Locate the word s "FIRE EXTINGUISHER"
vertically on cabinet door.
i. Identify bracket-mounted fire extinguishers with the words "FIRE
ii. EXTINGUISHER" in red letter decals applied to mounting surface.
4. Cabinet Fabrication
a. Provide standard steel box with trim, frame, door a nd hardware to suit cabinet
type, trim style and door indicated. Weld all joint s and grind smooth; miter and
weld door frames. Fabricate trim in one piece with corners mitered, welded and
ground smooth. Open miters are not acceptable.
Installation
1. Install fire extinguishers and fire extinguisher ca binets where indicated or as directed by
Architect in accordance with manufacturer's recomme ndations. Mount at heights
indicated, when not indicated as directed by Architect.
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2. Securely anchor brackets and cabinets to substrate construction with toggle bolts or
expansion anchors. Lead, wood or plastic plugs and fasteners are not acceptable.
3. Fire extinguishers are to be fully charged and read y for use when building is turned over
to the Owner. Extinguishers shall be certified as f ully charged by an approved fire
extinguisher service company and shall be tagged or labeled as such.
Adjusting, Cleaning, and Protection
1. Adjust cabinet doors that do not swing or operate freely.
2. Refinish or replace cabinets and doors damaged during installation.
3. Provide final protection and maintain conditions th at ensure that cabinets and doors are
without damage or deterioration at the time of Substantial Completion.

Projection Screens

General
1. Work Included:
a. Provide motor operated, above ceiling mount front p rojection screen complete
with all controls, mounting brackets and hardware.
2. Product Delivery, Storage, and Handling
a. Deliver items in manufacturer's original protective packaging.
b. Store items in original packaging to prevent soiling and physical damage.
c. Handle so as to prevent damage to finished surface.
Products (Projection Screens)
1. Motor Operated Projection Screen
a. Type: Motor operated, remote controlled, recessed ceiling mounted.
b. Screen: Flame retardant and mildew resistant, mat w hite with black masking
borders. Vertical seams permitted at minimum 6' on center. HDTV 16:9 format.
i. Provide extra drop length of dimension indicated to comply with the
following requirements for fabric color and location of drop length:
1. Color: Black.
2. Location: At top of screen.
3. Provide drop length as required for bottom of scree n to be set 3 ’
above floor. Coordinate each screen with ceiling/sc reen mounting
height
c. Sizes: As indicated on schedule contained herein.
d. Doors: Independently motorized. Field finished to match ceiling.
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e. Motor: 3-wire quick reversal type; ball bearing wit h automatic overload cutoff
and integral interlocking gears.
i. Power: 115V, 60 Hz, 3.5 amp.
ii. Controls: Key operated 3-position switch ("UP", "OFF", "DOWN").
iii. Provide with pre-set but accessible limit switches to automatically stop
screen fabric in the up and down position. Provide positive stop action.
f. Case: Extruded aluminum back, top and front with stamped steel end caps.
g. Mounting Brackets: Provide ceiling mount type brack ets of quantity as required
by manufacturer.
h. Manufacturer: Signature Series V Motorized Screen w ith M1300 Viewing
Surface by DRAPER or equal by DA-LITE SCREEN COMPAN Y,
BRETFORD/KNOX MANUFACTURING.
Execution
1. Installation
a. A. Install screens in neat, plumb, true alignment i n locations indicated on
drawings and as detailed. Comply with written insta llation instructions of screen
manufacturer.
b. Coordinate above ceiling mount with ceiling grid layout.
Television Mounting Brackets

General
1. Work Included:
a. Provide flat screen television wall mount and ceili ng mount type brackets
complete with all accessories.
2. Product Delivery, Storage, and Handling
a. Deliver items in manufacturer's original protective packaging.
b. Store items in original packaging to prevent physical damage.
c. Handle so as to prevent damage to finished surface.
Products
1. Manufacturers
a. Subject to compliance with the specified requiremen ts, products manufactured by
BRETFORD MANUFACTURING, LUCASEY, OMNI MOUNT, PEERLE SS
INDUSTRIES, INC. or PREMIER MOUNTS is acceptable.
2. Mounting Brackets
a. Wall Mount Type: Fixed height, tilting.
i. Television Size Range: 37 ” and larger.
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ii. Double bracket style with universal mounting arms.
iii. Load Capacity: 160 pounds.
iv. Tilt mechanism: Steel rectangular tilting frame wit h 2 steel angles spaced
at 16 inches.
1. Equip mechanism with mating bracket to accept plate of monitor
bracket.
2. Finish: Matt black, powder coat.
3. Tilt Adjustment Capability: 10 degrees.
b. Ceiling Mount Type: Unit consists of support colum n anchored to ceiling and
adjustable, tilting, rotating mechanism with display attachment bracket.
i. Components
1. Support column: Extruded aluminum tubular section o r steel pipe
with matt black powder coat finish. Column anchored at ceiling
with steel plate.
2. Tilt mechanism: Steel rectangular frame with matt b lack powder
coat finish attached to column and equipped with ma ting brackets
to accept keystone plates of monitor brackets.
ii. Television Size Range: 37 ” and larger.
iii. Adjustable ceiling mount with extension range of 37 ” to 60 ”. Provide
with universal mounting bracket.
iv. Tilt: 25 degrees.
v. Rotation: 360 degrees.
vi. Maximum Load Capacity: 66 pounds.
c. Provide all hardware for assembly and attachment of the bracket to various
substrates indicated.
d. Coordinate mounting of ceiling units with required overhead mounting steel and
brackets.
Execution
1. Examination and Preparation
a. Examine areas and substrates to receive mounting brackets.
b. Do not proceed with installation until substrates h ave been properly prepared and
deviations from the manufacturer's recommended tole rances are corrected.
Prepare surfaces using the methods recommended by t he manufacturer for
achieving the best result for the substrate under the project conditions.
c. Commencement of installation constitutes acceptance of conditions.
2. Installation
a. In accordance with manufacturer's instructions.
b. Verify that wood blocking has been provided in stud /gypsum board walls.
Blocking to be located at mounting hardware.
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c. Coordinate placement of miscellaneous steel above c eiling for connection to
building framing members.
d. Clean-up: Remove all cartons, debris, scraps, etc. and leave spaces clean and have
brackets ready to use.
3. Protection
a. Protect installed products until completion of project.
b. Touch-up, repair or replace damaged products before Contract Completion.

Flagpoles
• Suggested Manufacturers:
o The Baartol Company, Inc.: www.baartol.com
o Pole-Tech Company, Inc.: www.poletech.com
• Pole Design: Cone tapered
o Pole: Stainless Steel; ASTM 3212 TP04 grade
o Mounting: Wall mounted type, 30 degrees inclusive angle outrigger
o Outside Butt Diameter: 4 inches
o Outside Tip Diameter: 1-3/4 inches
o Nominal Wall Thickness: 0.125 inches
o Halyard: Interior Type
• Performance Requirements:
o Flagpole with Flag Flying: Resistant without permanent deformation to 95
miles/hour wind velocity; non-resonant safety design factor of 2.5Cybex Leg
Press
• Accessories:
o Finial Ball: Aluminum, 6 inch diameter
o Truck Assembly: Stainless steel, revolving, stainless steel ball bearings, non-
fouling

• Flags:
o United States of America and District of Columbia design, 48 x 72 inch size,
weather and UV-resistant fabric, brass grommets, hemmed edges
• Operators:
o Motor: NEMA, MG 1
o Wiring Terminations: Provide terminal lugs to match branch circuit conductor
quantities, sizes, and materials indicated. Enclose terminal lugs in terminal box
sized to NFPA 70.
o Disconnect Switch: Factory mount disconnect switch in control panel
• Mounting Components:
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o Wall Support Assembly: Stainless steel; round: one-piece assembly, back-plate
for through bolting with galvanized steel anchor bolts and cover
o Lightning Ground Rod: 18 inch long copper rod, ¾ inch diameter
o Lighting Ground Cable: Copper No. 6 AWG, soft drawn
IT Server Room
• Typically 100 SF
• Should be 10’ x 10’ per OCTO
• Storage racks per OCTO requirements
• SC flooring with CRB base
• Should have separate air conditioning to keep room cool
Janitor’s Closet
• Typically 65-70 SF
• Epoxy flooring with EBC base
• EST ceiling
• Mop sink

Elevators

• Please use one of the following Elevator Companies: Quality Elevator Company,
Delaware Elevator Company, Elevator Control Service, and Minnesota Elevator, Inc.
DGS is able to repair and maintain the elevators much more efficiently. We will also be
able to keep items in stock and use the parts on various elevators.
• Please do not use the following elevator companies: Otis Elevator, KONE Elevator
Company, Schindler Elevator and ThyssenKrupp Elevators as they are proprietary, have
given DGS problems and seem to be overly expensive and difficult to maintain.

Keying
• Best System’s Cormax by Stanley Security
• Keying should be on H Keyway; Biting Codes provided by DGS Locksmith Melvin
Bates.

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Purpose Users Activities

-Typically contains at least one staff
member and computer

Space requirements

Spatial relationships

Finishes Building system requirements Furniture & Equipment
-Carpet mats needed if
flooring is exposed concrete
Mechanical:

Plumbing:

Electrical & lightning:

Technology:
-Drinking Fountain (Halsey
Taylor Bi-Level HAC Cooler
with Hydroboost Bottle Filler,
Model HTHB-HAC8BLWF &
HTHB-HACDBLWF)

Doors & windows Special considerations

- Should contain signage stating
name of facility (previously
approved by DPR
Communications)
-Should contain Dedication
Plaque (previously approved by
DPR Communications), 18”x 24”
Dark Walnut Wood Plaque,
Brushed Silver Face, Laser
Engraved Black Text. Dedicated
plaque should be approved by
DPR Communications before
being ordered.
-Should contain DPR CAPRA
Banner
- Should contain Framed Fire
Evacuation Plan

Lobby & Reception
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Purpose Users Activities

-Typically contains at least one staff
member and computer

Space requirements
-Typically 125-150 SF
Spatial relationships

Finishes Building system requirements Furniture & Equipment
Mechanical:

Plumbing:

Electrical & lightning:

Technology:

Doors & windows Special considerations
-Should have a window facing
the main public entrance

Staff office
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Outdoor spaces
DPR creates exterior open space that encourages int eraction with the environment, social
interaction, passive recreation, and physical activities.
Tennis court
Basketball Court
Playground
Outdoor pool
Skate Park
Spray Park
Outdoor Fitness
Dog Park
Walking path / Track
Include Dropbox Information

Bicycle Storage and Shower Rooms
Bicycle storage must be within 100 feet (30 meters) walking distance of any main entrance.
Exterior Lighting
General
1. Summary
a. Section Includes:
i. Exterior luminaires with lamps and ballasts.
ii. Luminaire-mounted photoelectric relays.
iii. Poles and accessories.
b. Definitions
i. CCT: Correlated color temperature.
ii. CRI: Color-rendering index.
iii. HID: High-intensity discharge.
iv. LER: Luminaire efficacy rating.
v. Luminaire: Complete lighting fixture, including bal last housing if
provided.
vi. Pole: Luminaire support structure, including tower used for large area
illumination.
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vii. Standard: Same definition as "Pole" above.
c. Structural Analysis Criteria for Pole Selection
i. Dead Load: Weight of luminaire and its horizontal and vertical supports,
lowering devices, and supporting structure, applied as stated in AASHTO
LTS-4-M.
ii. Live Load: Single load of 500 lbf, distributed as s tated in AASHTO LTS-
4-M.
iii. Ice Load: Load of 3 lbf/sq. ft., applied as stated in AASHTO LTS-4-M Ice
Load Map.
iv. Wind Load: Pressure of wind on pole and luminaire a nd banners and
banner arms, calculated and applied as stated in AASHTO LTS-4-M.
1. Basic wind speed for calculating wind load for pole s exceeding
49.2 feet in height is 100 mph.
a. Wind Importance Factor: 1.0.
b. Minimum Design Life: 50 years.
c. Velocity Conversion Factors: 1.0.
2. Basic wind speed for calculating wind load for pole s 50 feet high
or less is 90 mph.
a. Wind Importance Factor: 1.0.
b. Minimum Design Life: 25 years.
c. Velocity Conversion Factors: 1.0.
d. Quality Assurance
i. Luminaire Photometric Data Testing Laboratory Quali fications: Provided
by manufacturers' laboratories that are accredited under the National
Volunteer Laboratory Accreditation Program for Ener gy Efficient
Lighting Products.
ii. Electrical Components, Devices, and Accessories: Li sted and labeled as
defined in NFPA 70, by a qualified testing agency, and marked for
intended location and application.
iii. Comply with IEEE C2, "National Electrical Safety Code."
iv. Comply with NFPA 70.
v. Contractor shall patch all holes, cracks, and poten tial light leaks so that
sheet rock ceilings have a seamless and smooth tran sition from ceiling to
fixture trim and/or housing.
vi. Contractor shall replace blemished, damaged, or uns atisfactory fixtures as
direct by the Owner ’s representative.
vii. Fixture manufacturer(s) shall coordinate conduit en try locations with
installing contractor.
e. Delivery, Storage, and Handling
i. Package aluminum poles for shipping according to ASTM B 660.
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ii. Store poles on decay-resistant-treated skids at lea st 12 inches above grade
and vegetation. Support poles to prevent distortion and arrange to provide
free air circulation.
iii. Retain factory-applied pole wrappings on metal pole s until right before
pole installation. For poles with nonmetallic finis hes, handle with web
fabric straps.
f. Warranty
i. Special Warranty: Manufacturer's standard form in w hich manufacturer
agrees to repair or replace products that fail in m aterials or workmanship;
that corrode; or that fade, stain, perforate, erode , or chalk due to effects of
weather or solar radiation within specified warrant y period. Manufacturer
may exclude lightning damage, hail damage, vandalis m, abuse, or
unauthorized repairs or alterations from special warranty coverage.
1. Warranty Period for Luminaires: Five years from dat e of
Substantial Completion.
2. Warranty Period for Metal Corrosion: Five years fro m date of
Substantial Completion.
3. Warranty Period for Color Retention: Five years fro m date of
Substantial Completion.
4. Warranty Period for Poles: Repair or replace lighti ng poles and
standards that fail in finish, materials, and workm anship within
manufacturer's standard warranty period, but not le ss than three
years from date of Substantial Completion.
ii. Warranty on LED luminaires and lamps: Manufacturer to provide 5 year
minimum warranty, with extended warranty option.
Products
1. Manufacturers
a. Products: Subject to compliance with requirements, provide one of the products
indicated on Drawings.
2. General Requirements for Luminaires
a. Luminaires shall comply with UL 1598 and be listed and labeled for installation
in wet locations by an NRTL acceptable to authorities having jurisdiction.
i. LER Tests Incandescent Fixtures.
ii. LER Tests Fluorescent Fixtures.
iii. LER Tests HID Fixtures..
b. Lateral Light Distribution Patterns: Comply with IE SNA RP-8 for parameters of
lateral light distribution patterns indicated for luminaires.
c. Metal Parts: Free of burrs and sharp corners and edges.
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d. Sheet Metal Components: Corrosion-resistant aluminu m unless otherwise
indicated. Form and support to prevent warping and sagging.
e. Housings: Rigidly formed, weather- and light-tight enclosures that will not warp,
sag, or deform in use. Provide filter/breather for enclosed luminaires.
f. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage
under operating conditions, and designed to permit relamping without use of
tools. Designed to prevent doors, frames, lenses, d iffusers, and other components
from falling accidentally during relamping and when secured in operating
position. Doors shall be removable for cleaning or replacing lenses. Designed to
disconnect ballast when door opens.
g. Exposed Hardware Material: Stainless steel.
h. Plastic Parts: High resistance to yellowing and oth er changes due to aging,
exposure to heat, and UV radiation.
i. Light Shields: Metal baffles, factory installed.
j. Reflecting surfaces shall have minimum reflectance as follows unless otherwise
indicated:
i. White Surfaces: 85 percent.
ii. Specular Surfaces: 83 percent.
iii. Diffusing Specular Surfaces: 75 percent.
k. Lenses and Refractors Gaskets: Use heat- and aging- resistant resilient gaskets to
seal and cushion lenses and refractors in luminaire doors.
l. Factory-Applied Finish for Steel Luminaires: Comply with NAAMM's "Metal
Finishes Manual for Architectural and Metal Product s" for recommendations for
applying and designating finishes.
i. Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent
Cleaning," to remove dirt, oil, grease, and other c ontaminants that could
impair paint bond. Grind welds and polish surfaces to a smooth, even
finish. Remove mill scale and rust, if present, fro m uncoated steel,
complying with SSPC-SP 5/NACE No. 1, "White Metal B last Cleaning,"
or SSPC-SP 8, "Pickling."
ii. Exterior Surfaces: Manufacturer's standard finish c onsisting of one or
more coats of primer and two finish coats of high-g loss, high-build
polyurethane enamel.
1. Color: As selected by Architect from manufacturer's full range.
m. Factory-Applied Labels: Comply with UL 1598. Include recommended lamps and
ballasts. Labels shall be located where they will b e readily visible to service
personnel, but not seen from normal viewing angles when lamps are in place.
i. Label shall include the following lamp and ballast characteristics:
1. "USES ONLY" and include specific lamp type.
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2. Lamp diameter code (T-4, T-5, T-8, T-12), tube conf iguration
(twin, quad, triple), base type, and nominal wattag e for fluorescent
and compact fluorescent luminaires.
3. Lamp type, wattage, bulb type (ED17, BD56, etc.) an d coating
(clear or coated) for HID luminaires.
4. Start type (preheat, rapid start, instant start) fo r fluorescent and
compact fluorescent luminaires.
5. ANSI ballast type (M98, M57, etc.) for HID luminaires.
6. CCT and CRI for all luminaires.
3. Luminaire-Mounted Photoelectric Relays
a. Comply with UL 773 or UL 773A.
b. Contact Relays: Factory mounted, single throw, desi gned to fail in the on
position, and factory set to turn light unit on at 1.5 to 3 fc and off at 4.5 to 10 fc
with 15-second minimum time delay Relay shall have directional lens in front of
photocell to prevent artificial light sources from causing false turnoff.
i. Relay with locking-type receptacle shall comply with ANSI C136.10.
ii. Adjustable window slide for adjusting on-off set points.
4. LED Lamps
a. LED modules shall be field serviceable from below in non-accessible ceilings.
LED’s shall be RoHS compliant, 85 CRI (minimum), with a maximum of 2.5 step
McAdam ellipse color consistency. LED data shall be tested in compliance with
IESNA LM-70, LM-80 and TM-21 protocol. Lamp life shall be 50,000 hours
(minimum) at L70. Intended LED current (mA) and driver shall be fully
compatible, as stated so by both manufacturers.
5. Power Supplies (Drivers) for LED Lamps
a. Electronic power supply/driver for LED luminaires and lamps: Include the
following features unless otherwise indicated:
i. Driver shall be constant current type.
ii. 0-10v dimming
iii. UL Class 2 designed for use with any 12v or 24v UL class 2 devices
iv. Operating Ambient Temperature -40 to 150 deg F.
v. Sound Rating: Class A
vi. DC control voltage shall have maximum peak to peak ripple of 10% VDC.
Short-term transient voltage of control devices must not exceed 14 volts.
b. LED power supply/driver manufacturer shall state compatibility with submitted
lighting control system, and areas where intended operation and lifetime may be
impacted.
6. General Requirements for Poles and Support Components
a. Structural Characteristics: Comply with AASHTO LTS-4-M.
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b. Luminaire Attachment Provisions: Comply with luminaire manufacturers'
mounting requirements. Use stainless-steel fasteners and mounting bolts unless
otherwise indicated.
c. Mountings, Fasteners, and Appurtenances: Corrosion-resistant items compatible
with support components.
i. Materials: Shall not cause galvanic action at contact points.
ii. Anchor Bolts, Leveling Nuts, Bolt Caps, and Washers: Hot-dip galvanized
after fabrication unless otherwise indicated.
iii. Anchor-Bolt Template: Plywood or steel.
d. Handhole: Oval-shaped, with minimum clear opening of 2-1/2 by 5 inches, with
cover secured by stainless-steel captive screws.
e. Concrete Pole Foundations: Cast in place, with anchor bolts to match pole-base
flange.
f. Power-Installed Screw Foundations: Factory fabricated by pole manufacturer,
with structural steel complying with ASTM A 36/A 36M and hot-dip galvanized
according to ASTM A 123/A 123M; and with top-plate and mounting bolts to
match pole base flange and strength required to support pole, luminaire, and
accessories.
g. Breakaway Supports: Frangible breakaway supports, tested by an independent
testing agency acceptable to authorities having jurisdiction, according to
AASHTO LTS-4-M.
7. Steel Poles
a. Poles: Comply with ASTM A 500, Grade B, carbon steel with a minimum yield
of 46,000 psig; one-piece construction up to 40 feet in height with access
handhole in pole wall.
i. Shape: Round, tapered.
ii. Mounting Provisions: Butt flange for bolted mounting on foundation or
breakaway support.
b. Steel Mast Arms: Single-arm type, continuously welded to pole attachment plate.
Material and finish same as pole.
c. Brackets for Luminaires: Detachable, cantilever, without underbrace.
i. Adapter fitting welded to pole, allowing the bracket to be bolted to the
pole mounted adapter, then bolted together with stainless-steel bolts.
ii. Cross Section: Tapered oval, with straight tubular end section to
accommodate luminaire.
iii. Match pole material and finish.
d. Pole-Top Tenons: Fabricated to support luminaire or luminaires and brackets
indicated, and securely fastened to pole top.
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e. Steps: Fixed steel, with nonslip treads, positioned for 15-inch vertical spacing,
alternating on opposite sides of pole; first step at elevation 10 feet above finished
grade.
f. Grounding and Bonding Lugs: Welded 1/2-inch threaded lug, complying with
requirements in other sections, listed for attaching grounding and bonding
conductors of type and size listed in that Section, and accessible through
handhole.
g. Cable Support Grip: Wire-mesh type with rotating attachment eye, sized for
diameter of cable and rated for a minimum load equal to weight of supported
cable times a 5.0 safety factor.
h. Platform for Lamp and Ballast Servicing: Factory fabricated of steel with finish
matching that of pole.
i. Factory-Painted Finish: Comply with NAAMM's "Metal Finishes Manual for
Architectural and Metal Products" for recommendations for applying and
designating finishes.
i. Surface Preparation: Clean surfaces to comply with SSPC-SP 1, "Solvent
Cleaning," to remove dirt, oil, grease, and other contaminants that could
impair paint bond. Grind welds and polish surfaces to a smooth, even
finish. Remove mill scale and rust, if present, from uncoated steel,
complying with SSPC-SP 5/NACE No. 1, "White Metal Blast Cleaning,"
or with SSPC-SP 8, "Pickling."
ii. Interior Surfaces of Pole: One coat of bituminous paint, or otherwise treat
for equal corrosion protection.
iii. Exterior Surfaces: Manufacturer's standard finish consisting of one or
more coats of primer and two finish coats of high-gloss, high-build
polyurethane enamel.
1. Color: As selected by Architect from manufacturer's full range.
8. Pole Accessories
a. Duplex Receptacle: 120 V, 20 A in a weatherproof assembly complying with
requirements in other sections for ground-fault circuit-interrupter type.
i. Recessed, 12 inches above finished grade.
ii. Nonmetallic polycarbonate plastic or reinforced fiberglass, weatherproof
in use, cover, that when mounted results in NEMA 250, Type 4X
enclosure.
iii. With cord opening.
iv. With lockable hasp and latch that complies with OSHA lockout and tag-
out requirements.
b. Minimum 1800-W transformer, protected by replaceable fuses, mounted behind
access cover.
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c. Base Covers: Manufacturers' standard metal units, arranged to cover pole's
mounting bolts and nuts. Finish same as pole.
d. Transformer Type Base: Same material and color as pole. Coordinate dimensions
to suit pole's base flange and accept indicated accessories.
Execution
1. Luminaire Installation
a. Install lamps in each luminaire.
b. Fasten luminaire to indicated structural supports.
i. Use fastening methods and materials selected to resist seismic forces
defined for the application and approved by manufacturer.
c. Adjust luminaires that require field adjustment or aiming Include adjustment of
photoelectric device to prevent false operation of relay by artificial light sources,
favoring a north orientation.
2. Pole Installation
a. Alignment: Align pole foundations and poles for optimum directional alignment
of luminaires and their mounting provisions on the pole.
b. Clearances: Maintain the following minimum horizontal distances of poles from
surface and underground features unless otherwise indicated on Drawings:
i. Fire Hydrants and Storm Drainage Piping: 60 inches.
ii. Water, Gas, Electric, Communication, and Sewer Lines: 10 feet.
iii. Trees: 15 feet from tree trunk.
c. Concrete Pole Foundations: Set anchor bolts according to anchor-bolt templates
furnished by pole manufacturer. Concrete materials, installation, and finishing
requirements are specified in other sections.
d. Raise and set poles using web fabric slings (not chain or cable).
3. Bollard Luminaire Installation
a. Align units for optimum directional alignment of light distribution.
b. Install on concrete base with top 4 inches above finished grade or surface at
bollard location. Cast conduit into base, and shape base to match shape of bollard
base. Finish by troweling and rubbing smooth. Concrete materials, installation,
and finishing are specified in other sections.
4. Corrosion Prevention
a. Steel Conduits: Comply with Requirements in other sections. In concrete
foundations, wrap conduit with 0.010-inch-thick, pipe-wrapping plastic tape
applied with a 50 percent overlap.
5. Grounding
a. Ground metal poles and support structures according to requirements in other
sections.
i. Install grounding electrode for each pole unless otherwise indicated.
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ii. Install grounding conductor pigtail in the base for connecting luminaire to
grounding system.
6. Field Quality Control
a. Inspect each installed fixture for damage. Replace damaged fixtures and
components.
b. Illumination Observations: Verify normal operation of lighting units after
installing luminaires and energizing circuits with normal power source.
i. Verify operation of photoelectric controls.
c. Illumination Tests:
i. Measure light intensities at night. Use photometers with calibration
referenced to NIST standards. Comply with the following IESNA testing
guide(s):
1. IESNA LM-5, "Photometric Measurements of Area and Sports
Lighting Installations."
2. IESNA LM-50, "Photometric Measurements of Roadway Lighting
Installations."
3. IESNA LM-52, "Photometric Measurements of Roadway Sign
Installations."
4. IESNA LM-64, "Photometric Measurements of Parking Areas."
5. IESNA LM-72, "Directional Positioning of Photometric Data."
d. Prepare a written report of tests, inspections, observations, and verifications
indicating and interpreting results. If adjustments are made to lighting system,
retest to demonstrate compliance with standards.
Landscaping
DPR creates exterior open space that encourages int eraction with the environment, social
interaction, passive recreation, and physical activities.
Soils

We used to use a 50/50 or 70/30 topsoil to compost mix but we found that the compost just
disappears every year and we have to buy a lot more . Lately we've been ordering 100% sifted
topsoil (no backfill and completely free of trash and debris). Some places call it garden soil. And
we add a few bags of compost. We're shooting for 90/10 garden top soil to compost. Let me
know if you need more detail specs.
Seeding and Sodding
Materials
A. Lawn seed: Fresh, clean, and new crop seed mixture.
1. Submit seed vendor's certification for required gra ss seed mixture, indicating percentage
by weight, and percentages of purity, germination, and weed seed for each grass species.
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2. Seed shall be mixed by an approved method.
3. The seeding varieties must conform to the Virginia Crop Improvement Association
(VCIA) for 2005-06 turf grass mixtures in the Virgi nia Sod Certification Program. All
seed must be certified and meet minimum quality standards prescribed by the VCIA.
4. Composed of the following varieties, mixed to the s pecified proportions by weight and
tested to minimum percentages of purity and germina tion. To be free of Poa annua, bent
grass, and noxious weed seed free.
Blend: 80% Tall Fescue - Category 1
20% Kentucky Blue grass - Category 1
RATE: Tall Fescue - 220 lbs per acre
Kentucky Bluegrass - 40 lbs per acre
We used to use a 50/50 or 70/30 topsoil to compost mix but we found that the
compost just disappears every year and we have to b uy a lot more. Lately we've been
ordering 100% sifted topsoil (no backfill and compl etely free of trash and debris). Some
places call it garden soil. And we add a few bags of compost. We're shooting for 90/10
garden top soil to compost. Let me know if you need more detail specs.
Security
• Color mini-dome cameras (locations TBD by DGS PSD)
• CCTV Client viewing stations
• Card Reader Doors
• Glass Break Detectors
• 360 Degree Motion Detectors
• Burglar Alarm Sirens
• Rs2 E-Burg License
• DMP XR550 Burglar Alarm Panel
• Camera Power Supply (Altronix ALTV1224C)
• Milestone Husky Network Video Recorder “NVR” M50-Series 16 Channels (to include
equipment rack, monitor, rack rails, rack mounted UPS and rack mount KM)
• Control Panel Site (EP-1502 Controller, NCL8-SPW Enclosure, LIN-PS Power Supply)
• All exit doors (besides main entrance) should have panic bars that activate alarm to
prevent theft and access in and out of facility other than main entrance.
Signage
• Each room should have occupancy limits (posted on exterior of the room)
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• Each room should have signage indicating the name of the room (posted on exterior of
room). If a sign is placed on glass, please provide a second sign on the other side of glass
to hide glue or other adhesives.
• Signage should be placed on the latch side of door
• Signage should be 1/8” thick, precision cut brushed aluminum, laminated onto black PVC
backer with DF tape and silicon to wall.
• Signage lettering should be 1” high, raised; Text should be 5/8”
• Center of door signage should be mounted 4’-6” from FFE and 10” from side of door to
center of raised lettering
General
• Each new facility should be “generator ready”
• All windows should have film or shades to reduce glare
• Rooftops should include solar panels OR be “solar ready”
Lighting
• As few different fixtures as possible for ease of maintenance
• LED, Motion-Sensored
Systems
TBD
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Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit B
Project Schedule

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Activity ID Activity Name Original
Duration
Start Finish T otal Float
UPSHUR RECREATION CENTER - Updated schedule till DD:10Feb25UPSHUR RECREATION CENTER - Updated schedule till DD:10Feb2566522-Jul-24 A23-Mar-27 0
ContractContract 20 22-Jul-24 A01-Feb-25 A
A1000 NTP 0 22-Jul-24 A
A1010 Baseline Schedule 20 22-Jul-24 A01-Feb-25 A
Design PhaseDesign Phase 31722-Jul-24 A27-Oct-25 38
Surveys + Ass es sme ntsSurveys + Ass es sme nts 18729-Jul-24 A21-Apr-25 92
A1020 Civil Survey 44 29-Jul-24 A27-Sep-24 A
Archeological Phase IAArcheological Phase IA 18729-Jul-24 A21-Apr-25 92
DESI1010 Phase IA Work Plan 39 29-Jul-24 A27-Sep-24 A
DESI1120 DCOP Review - Work Plan 29 30-Sep-24 A20-Dec-24 A
DESI1170 Phase IA Survey 5 23-Dec-24 A27-Dec-24 A
DESI1180 Phase IA Report 15 30-Dec-24 A05-Feb-25 A
DESI1220 DCOP Review - Draft Report 50 06-Feb-25 A04-Apr-25 92
DESI1310 Phase IA Report - Final 10 07-Apr-25 21-Apr-25 92
Geotech + SWM SurveysGeotech + SWM Surveys 39 29-Jul-24 A13-Dec-24 A
DESI1020 Geotech Borings + Report 39 29-Jul-24 A13-Dec-24 A
DESI1030 SWM Infiltration Borings + Report 39 29-Jul-24 A20-Sep-24 A
Environmental SurveysEnvironmental Surveys 39 29-Jul-24 A15-Oct-24 A
DESI1040 Phase I ESA Survey + Report 39 29-Jul-24 A03-Oct-24 A
DESI1050 Hazardous Materials Survey 39 29-Jul-24 A15-Oct-24 A
Feasibility Study (3 options)Feasibility Study (3 options) 54 22-Jul-24 A04-Oct-24 A
DESI1000 Programming + Prelim T es t Fits 20 22-Jul-24 A16-Aug-24 A
DESI1060 DGS-DPR Review - Program 5 19-Aug-24 A23-Aug-24 A
DESI1070 Feasibility Report - Budgeting Set 5 19-Aug-24 A23-Aug-24 A
DESI1080 LEED + Integrated Design Meeting 5 19-Aug-24 A23-Aug-24 A
DESI1090 Preliminary Budget - Feasibility Report & Feasibility Report - Submission12 26-Aug-24 A11-Sep-24 A
Feasibility Study - Submission + Review Period (3 options)Feasibility Study - Submission + Review Period (3 options) 17 12-Sep-24 A04-Oct-24 A
DESI1110 DGS-DPR Review - Feasibility Report 17 12-Sep-24 A04-Oct-24 A
DESI1100 Community Presentation 01 - Draft Concepts 1117-Sep-24 A20-Sep-24 A
Concept Design (1 option)Concept Design (1 option) 19 07-Oct-24 A22-Nov-24 A
DESI1130 Concept Design - Budgeting Set 5 07-Oct-24 A11-Oct-24 A
DESI1140 Budgeting and Submission - Concept Design 4 15-Oct-24 A18-Oct-24 A
Concept Design - Submission + Review Period (1 option)Concept Design - Submission + Review Period (1 option) 10 21-Oct-24 A22-Nov-24 A
DESI1150 Community Presentation 02 - Final Concept 5 21-Oct-24 A20-Nov-24 A
DESI1160 DGS-DPR Review + Approval - Concept Design 10 21-Oct-24 A22-Nov-24 A
Schematic DesignSchematic Design 33 18-Nov-24 A24-Jan-25 A
DESI1190 Design Progress 12 18-Nov-24 A06-Dec-24 A
DESI1200 LEED + Integrated Design Meeting 4 09-Dec-24 A11-Dec-24 A
DESI1210 Budgeting and Submission - Schematic Design 1109-Dec-24 A20-Dec-24 A
Schematic Design - Review PeriodSchematic Design - Review Period 10 09-Dec-24 A24-Jan-25 A
DESI1230 Community Presentation 03 10 09-Dec-24 A22-Jan-25 A
DESI1240 DGS-DPR Review + Approval - Schematic Design 10 23-Dec-24 A24-Jan-25 A
Design DevelopmentDesign Development 62 20-Jan-25 A24-Mar-25 0
DESI1250 Design Progress 18 20-Jan-25 A06-Mar-25 0
DESI1260 LEED + Integrated Design Meeting 5 29-Jan-25 A31-Jan-25 A
DESI1270 Design Development Submission 2 06-Mar-25 10-Mar-25 0
Design Development - Submission + Review PeriodDesign Development - Submission + Review Period 10 10-Mar-25 24-Mar-25 0
Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J
2024 2025 2026 2027
UPSHUR RECREATION CENTER - Updated schedule till DD:10Feb25
Contract
NTP
Baseline Schedule
Design Phase
Surveys + Assessments
Civil Survey
Archeological Phase IA
Phase IA Work Plan
DCOP Review - Work Plan
Phase IA Survey
Phase IA Report
DCOP Review - Draft Report
Phase IA Report - Final
Geotech + SWM Surveys
Geotech Borings + Report
SWM Infiltration Borings + Report
Environmental Surveys
Phase I ESA Survey + Report
Hazardous Materials Survey
Feasibility Study (3 options)
Programming + Prelim T est Fits
DGS-DPR Review - Program
Feasibility Report - Budgeting Set
LEED + Integrated Design Meeting
Preliminary Budget - Feasibility Report & Feasibility Report - Submission
Feasibility Study - Submission + Review Period (3 options)
DGS-DPR Review - Feasibility Report
Community Presentation 01 - Draft Concepts
Concept Design (1 option)
Concept Design - Budgeting Set
Budgeting and Submission - Concept Design
Concept Design - Submission + Review Period (1 option)
Community Presentation 02 - Final Concept
DGS-DPR Review + Approval - Concept Design
Schematic Design
Design Progress
LEED + Integrated Design Meeting
Budgeting and Submission - Schematic Design
Schematic Design - Review Period
Community Presentation 03
DGS-DPR Review + Approval - Schematic Design
Design Development
Design Progress
LEED + Integrated Design Meeting
Design Development Submission
Design Development - Submission + Review Period

UPSHUR RECREATION CENTER - Updated schedule till DD:10Feb25
All Activity Report
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary
Page 1 of 4 TASK filter: All Activities
© Oracle Corporation
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Activity ID Activity Name Original
Duration
Start Finish T otal Float
DESI1280 Community Presentation 04 10 10-Mar-25 24-Mar-25 0
DESI1290 DGS-DPR Review + Approval - Design Development 10 10-Mar-25 24-Mar-25 0
Permit DocumentsPermit Documents 50 24-Mar-25 04-Jun-25 109
DESI1300 Design Progress 30 24-Mar-25 06-May-25 0
DESI1320 LEED + Integrated Design Meeting 5 31-Mar-25 07-Apr-25 30
DESI1330 Budgeting and Submission - Permit Documents 10 06-May-2520-May-25 0
Permit Documents - Submission + Review PeriodPermit Documents - Submission + Review Period 10 20-May-2504-Jun-25 109
DESI1340 Community Presentation 05 10 20-May-2504-Jun-25 109
DESI1350 DGS-DPR Review + Approval - Permit Documents 10 20-May-2504-Jun-25 109
IFC DocumentsIFC Documents 28 16-Sep-2527-Oct-25 38
DESI1360 Design-Build Final Coordination & IFC Documents - Submission 28 16-Sep-2527-Oct-25 38
AHJ ApprovalsAHJ Approvals 21604-Nov-24 A16-Sep-25 0
CF A - Concept ReviewCF A - Concept Review 17 04-Nov-24 A27-Nov-24 A
PERMT1010 CF A Concept Application Prep & CF A Concept Submission 4 04-Nov-24 A07-Nov-24 A
PERMT1030 CF A Concept Consent Calendar Approval 13 08-Nov-24 A27-Nov-24 A
DCOP - Subdivision ApplicationDCOP - Subdivision Application 47 10-Feb-25 17-Apr-25 9
PERMT1000 Subdivision Plat Submission 10 10-Feb-25 24-Feb-25 9
PERMT1020 Subdivision Review + Approval 37 25-Feb-25 17-Apr-25 9
CF A - Design ReviewCF A - Design Review 23 06-Mar-25 08-Apr-25 29
PERMT1060 CF A Design Application Prep & CF A Design Submission 10 06-Mar-25 20-Mar-25 29
PERMT1160 CF A Design Consent Calendar Approval 13 20-Mar-25 08-Apr-25 29
GBAC - GBA Design Rev iewGBAC - GBA Design Rev iew 50 06-Mar-25 16-May-25 2
PERMT1070 GBAC Design Application Prep & GBAC Design Submission 10 06-Mar-25 20-Mar-25 2
PERMT1170 GBAC Hearing 20 20-Mar-25 18-Apr-25 2
PERMT1230 GBAC Approval Letter 20 18-Apr-25 16-May-25 2
EISF - Design ReviewEISF - Design Review 16405-Feb-25 A19-Aug-25 9
PERMT1040 EISF Application Prep and Submission 10 05-Feb-25 A21-Feb-25 47
PERMT1050 EISF Prescreen Review 40 18-Apr-25 13-Jun-25 9
PERMT1240 EISF Agency Reviews 30 16-Jun-25 29-Jul-25 9
PERMT1270 EISF Approval Letter 15 30-Jul-25 19-Aug-25 9
DDOT - T ree Protection PlanDDOT - T ree Protection Plan 38 10-Mar-25 02-May-25 83
PERMT1080 TPP Application Prep & Submission 10 10-Mar-25 24-Mar-25 83
PERMT1180 TPP Review + Approval 28 24-Mar-25 02-May-25 83
DC Water - Civil Rev iewDC Water - Civil Rev iew 12010-Mar-25 29-Aug-25 1
PERMT1090 DC Water Application Prep & Submission 10 10-Mar-25 24-Mar-25 1
PERMT1190 DC Water Revi ew + Approvals (3 comment periods) 11024-Mar-25 29-Aug-25 1
DOEE - SWM + ESC ReviewDOEE - SWM + ESC Review 12010-Mar-25 29-Aug-25 1
PERMT1100 DOEE Application Prep & Submission` 10 10-Mar-25 24-Mar-25 1
PERMT1200 DOEE Review + Approvals (3 comment periods) 11024-Mar-25 29-Aug-25 1
DDOT - Public SpaceDDOT - Public Space 10110-Mar-25 04-Aug-25 20
PERMT1110 DDOT Application Prep & Submission 10 10-Mar-25 24-Mar-25 20
PERMT1210 DDOT Review + Approvals (2 comment periods) 91 24-Mar-25 04-Aug-25 20
DOB - Building Permit ReviewDOB - Building Permit Review 15620-Jan-25 A16-Sep-25 0
PERMT1120 DOB Application Prep + DGS Coord 20 20-Jan-25 A31-Jan-25 A
PERMT1220 DOB Application Payment 19 03-Feb-25 A07-Feb-25 A
PERMT1250 DOB Upload to ProjectDox 1 19-May-2520-May-25 0
PERMT1260 DOB Prescreen Review (2 comment periods) 19 20-May-2517-Jun-25 0
PERMT1280 DOB Agency Reviews (3 comment periods) 52 17-Jun-25 02-Sep-25 0
PERMT1290 DOB Release of Permit 10 02-Sep-2516-Sep-25 0
Utility Raze + Upgrade ReviewsUtility Raze + Upgrade Reviews 80 10-Mar-25 03-Jul-25 41
PERMT1130 Pepco Review + Approval 80 10-Mar-25 03-Jul-25 41
PERMT1140 Verizon Review + Approval 80 10-Mar-25 03-Jul-25 41
PERMT1150 Washington G as Raze Review + Approval 80 10-Mar-25 03-Jul-25 41
Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J
2024 2025 2026 2027
Community Presentation 04
DGS-DPR Review + Approval - Design Development
Permit Documents
Design Progress
LEED + Integrated Design Meeting
Budgeting and Submission - Permit Documents
Permit Documents - Submission + Review Period
Community Presentation 05
DGS-DPR Review + Approval - Permit Documents
IFC Documents
Design-Build Final Coordination & IFC Documents - Submission
AHJ Approvals
CF A - Concept Review
CF A Concept Application Prep & CF A Concept Submission
CF A Concept Consent Calendar Approval
DCOP - Subdivision Application
Subdivision Plat Submission
Subdivision Review + Approval
CF A - Design Review
CF A Design Application Prep & CF A Design Submission
CF A Design Consent Calendar Approval
GBAC - GBA Design Review
GBAC Design Application Prep & GBAC Design Submission
GBAC Hearing
GBAC Approval Letter
EISF - Design Review
EISF Application Prep and Submission
EISF Prescreen Review
EISF Agency Reviews
EISF Approval Letter
DDOT - T ree Protection Plan
TPP Application Prep & Submission
TPP Review + Approval
DC Water - Civil Rev iew
DC Water Application Prep & Submission
DC Water Revi ew + Approvals (3 comment periods)
DOEE - SWM + ESC Review
DOEE Application Prep & Submission`
DOEE Review + Approvals (3 comment periods)
DDOT - Public Space
DDOT Application Prep & Submission
DDOT Review + Approvals (2 comment periods)
DOB - Building Permit Review
DOB Application Prep + DGS Coord
DOB Application Payment
DOB Upload to ProjectDox
DOB Prescreen Review (2 comment periods)
DOB Agency Reviews (3 comment periods)
DOB Release of Permit
Utility Raze + Upgrade Reviews
Pepco Review + Approval
Verizon Review + Approval
Washington G as Raze Review + Approval
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary
Page 2 of 4 TASK filter: All Activities
© Oracle Corporation
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Activity ID Activity Name Original
Duration
Start Finish T otal Float
GMPGMP 10110-Mar-25 04-Aug-25 5
GMP1000 Subcontractor Bidding 25 10-Mar-25 14-Apr-25 5
GMP1010 GMP Development and Submission 15 14-Apr-25 06-May-25 5
GMP1020 GMP Review + Approval by Council 90 06-May-2504-Aug-25 7
PreconstructionPreconstruction 50 04-Aug-2515-Oct-25 40
GMP1030 Release of Subcontractors per GMP Approval 25 04-Aug-2509-Sep-25 5
GMP1040 Submittals 30 02-Sep-2515-Oct-25 40
GMP1050 Shop Drawings 30 02-Sep-2515-Oct-25 40
ConstructionConstruction 37616-Sep-2523-Mar-27 0
MobilizationMobilization 25 16-Sep-2522-Oct-25 35
MOB1000 Mobolization and site preparation 5 16-Sep-2523-Sep-25 0
MOB1020 T ree Protection 10 23-Sep-2507-Oct-25 0
MOB1030 Fencing / Construction Entrance 10 23-Sep-2507-Oct-25 0
MOB1010 Site Survey 5 23-Sep-2528-Sep-25 75
MOB1040 Erosion control 10 07-Oct-25 22-Oct-25 0
Demolition and Earth WorkDemolition and Earth Work 28322-Oct-25 11-Dec-26 68
DEM1000 Building and Site Demolition 20 22-Oct-25 20-Nov-25 0
DEM1010 Excavation and Earth Work 15 20-Nov-2512-Dec-25 0
Site WorksSite Works 22005-Dec-2523-Oct-26 31
SIT1000 Utilities 20 05-Dec-2506-Jan-26 31
SIT1010 Pool Zero Entry And Splash Pad Construction 20 12-Dec-2513-Jan-26 46
SIT1030 Restoration and Back Fill for Utility Work 20 06-Jan-26 04-Feb-26 31
SIT1040 Pool and Splash Pad Plumbing Conccections 20 13-Jan-26 11-Feb-26 46
SIT1020 Grading 20 04-Feb-26 05-Mar-26 31
SIT1060 Pool Deck and Patio Concrete 20 05-Mar-26 02-Apr-26 31
SIT1050 Basketball Court 20 02-Apr-26 01-May-26 31
SIT1080 ADA Sidewalks and Plaza 20 09-Apr-26 08-May-26 46
SIT1070 Exterior Lighting for Basketball Court 20 01-May-2601-Jun-26 31
SIT1090 Exterior Improvements 20 01-Jun-26 30-Jun-26 31
SIT1100 Hardscape & Exterior Finishes 30 30-Jun-26 12-Aug-26 31
SIT1120 Landscape 20 12-Aug-2610-Sep-26 31
SIT1110 Misc. Works 30 10-Sep-2623-Oct-26 31
Building ConstructionBuilding Construction 24812-Dec-2511-Dec-26 68
Building StructureBuilding Structure 80 12-Dec-2509-Apr-26 0
STRUC1000 Concrete Foundation 20 12-Dec-2513-Jan-26 0
STRUC1010 Structural Streel 20 13-Jan-26 11-Feb-26 0
STRUC1020 Below Grade MEP 20 11-Feb-26 12-Mar-26 0
STRUC1030 Concrete Slab - Form, Rebar , Pour 20 12-Mar-26 09-Apr-26 0
Building EnvelopeBuilding Envelope 10511-Feb-26 15-Jul-26 171
ENVL1000 Roofing 20 11-Feb-26 12-Mar-26 236
ENVL1010 Green Roof 20 12-Mar-26 09-Apr-26 236
ENVL1020 Exterior CFMF Wal l Fr ami ng 15 09-Apr-26 01-May-26 0
ENVL1030 Sheathing 15 17-Apr-26 08-May-26 0
ENVL1040 Water pr oofi ng 15 24-Apr-26 15-May-26 101
ENVL1050 Window Installations 15 01-May-2622-May-26 101
ENVL1060 Masonry and Exterior Cladding 20 22-May-2623-Jun-26 101
ENVL1070 Storefront Installation 15 23-Jun-26 15-Jul-26 101
BLDG InteriorsBLDG Interiors 16809-Apr-26 11-Dec-26 9
INT1000 Layout 5 09-Apr-26 17-Apr-26 15
INT1010 Interior Wal l Fr ami ng 15 08-May-2601-Jun-26 0
INT1020 MEP In-Wall Rough-in 20 22-May-2623-Jun-26 0
INT1030 MEP Wall Closing Inspections 3 23-Jun-26 26-Jun-26 0
Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J
2024 2025 2026 2027
GMP
Subcontractor Bidding
GMP Development and Submission
GMP Review + Approval by Council
Preconstruction
Release of Subcontractors per GMP Approval
Submittals
Shop Drawings
Construction
Mobilization
Mobolization and site preparation
T ree Protection
Fencing / Construction Entrance
Site Survey
Erosion control
Demolition and Earth Work
Building and Site Demolition
Excavation and Earth Work
Site Works
Utilities
Pool Zero Entry And Splash Pad Construction
Restoration and Back Fill for Utility Work
Pool and Splash Pad Plumbing Conccections
Grading
Pool Deck and Patio Concrete
Basketball Court
ADA Sidewalks and Plaza
Exterior Lighting for Basketball Court
Exterior Improvements
Hardscape & Exterior Finishes
Landscape
Misc. Works
Building Construction
Building Structure
Concrete Foundation
Structural Streel
Below Grade MEP
Concrete Slab - Form, Rebar , Pour
Building Envelope
Roofing
Green Roof
Exterior CFMF Wal l Fr ami ng
Sheathing
Water pr oofi ng
Window Installations
Masonry and Exterior Cladding
Storefront Installation
BLDG Interiors
Layout
Interior Wal l Fr ami ng
MEP In-Wall Rough-in
MEP Wall Closing Inspections
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary
Page 3 of 4 TASK filter: All Activities
© Oracle Corporation
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Activity ID Activity Name Original
Duration
Start Finish T otal Float
INT1040 MEP Ceiling Rough-ins and Equipment installation 20 23-Jun-26 22-Jul-26 0
INT1050 Gypsum Wall and Insulati on 20 26-Jun-26 27-Jul-26 0
INT1060 MEP Ceiling Rough-in Inspections 3 22-Jul-26 27-Jul-26 0
INT1070 Door Frames Installation 15 27-Jul-26 17-Aug-26 30
INT1080 Ceiling Grides and Ceiling Framings 20 27-Jul-26 24-Aug-26 0
INT1090 Bathrooms T ilings 15 27-Jul-26 17-Aug-26 55
INT1100 Finishing Wal ls: T ape, Mud, Sand 15 17-Aug-2608-Sep-26 30
INT1110 Plumbing Fixtures 20 17-Aug-2615-Sep-26 55
INT1120 Lighting and Mech Air Devices 20 24-Aug-2622-Sep-26 0
INT1130 Prime Paint 15 08-Sep-2629-Sep-26 30
INT1140 Ceiling MEP Closing Inspections 5 22-Sep-2629-Sep-26 0
INT1150 Ceiling Instllation 20 29-Sep-2628-Oct-26 0
INT1160 Flooring 15 14-Oct-26 04-Nov-26 0
INT1170 Doors and Hardware 5 21-Oct-26 28-Oct-26 28
INT1180 Casework 10 28-Oct-26 12-Nov-26 18
INT1210 Furniture Installation 3 04-Nov-2609-Nov-26 25
INT1190 Final Paint 10 12-Nov-2627-Nov-26 0
INT1200 MEP T rimouts 5 27-Nov-2604-Dec-26 0
INT1220 Final Cleaning 5 04-Dec-2611-Dec-26 9
Inspections and CFOInspections and CFO 18 04-Dec-2631-Dec-26 1
INSP1000 MEP Final Inspections 3 04-Dec-2609-Dec-26 0
INSP1010 Mech T est and Balanci ng 5 04-Dec-2611-Dec-26 3
INSP1020 Final Inspections 5 09-Dec-2616-Dec-26 0
INSP1030 Punch Walk 5 11-Dec-2618-Dec-26 9
INSP1040 Substantial Completion and Certification of Occupancy 10 16-Dec-2631-Dec-26 0
CompletionCompletion 63 18-Dec-2623-Mar-27 0
COMP1000 Punchlist Work and Compeltion 20 18-Dec-2620-Jan-27 9
COMP1010 Close-out 21 31-Dec-2602-Feb-27 0
COMP1020 Final Completion 5 20-Jan-27 27-Jan-27 38
COMP1030 Administrative Completion 34 02-Feb-27 23-Mar-27 0
Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J
2024 2025 2026 2027
MEP Ceiling Rough-ins and Equipment installation
Gypsum Wall and Insulati on
MEP Ceiling Rough-in Inspections
Door Frames Installation
Ceiling Grides and Ceiling Framings
Bathrooms T ilings
Finishing Wal ls: T ape, Mud, Sand
Plumbing Fixtures
Lighting and Mech Air Devices
Prime Paint
Ceiling MEP Closing Inspections
Ceiling Instllation
Flooring
Doors and Hardware
Casework
Furniture Installation
Final Paint
MEP T rimouts
Final Cleaning
Inspections and CFO
MEP Final Inspections
Mech T est and Balanci ng
Final Inspections
Punch Walk
Substantial Completion and Certification of Occupancy
Completion
Punchlist Work and Compeltion
Close-out
Final Completion
Administrative Completion
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary
Page 4 of 4 TASK filter: All Activities
© Oracle Corporation
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit C
Deliverable List

Design and Preconstruction Phase Deliverables

Design and preconstruction deliverables shall include, but not be limited to:

a) Project Schedule.
b) List of Long Lead Items that could adversely impact the Project’s schedule and
recommendations for purchase.
c) Concept Cost Estimate and Concept Designs.
d) Schematic Cost Estimate and Schematic Design.
e) Design Development Cost Estimate and Design Development.
f) Permit Set of Construction Documents Cost Estimate and Permit Set of
Construction Documents.
g) Permit Set of Construction Documents, including DOB plan review responses.
h) Issued for Construction Documents.
i) Life Safety Floor Plans.List of subcontractors from which the Design -Builder
intends to solicit bids and bidding procedure.
j) Trade bid tabulations, including all subcontractor proposals.
k) Report outlining Value Engineering strategies.
l) GMP Proposal.
m) Construction Phase Baseline Schedule.
n) Statement of constructability within ten (10) days of the conclusion of the
Design and Preconstruction Phase, executed by both the Design-Builder and
the Project Architect/Engineer.
o) Insurance Certificates.
p) Payment and Performance Bonds.

Construction Deliverables

Construction deliverables shall include, but not be limited to:

a) Contingency Balance Update.
b) Hazardous Material Abatement Subcontractor Insurance Certificates.
c) Hazardous Material Abatement Records.
d) Construction Document Packages.
e) Progress Meeting Minutes.
f) Project Schedule Updates.
g) Project Progress Reports.
h) Cost Variance Report.
i) OSHA Safety Plan.
j) Closeout documents (Product Manuals, Warranties, etc.).
k) Quality Control Plan.
l) Quality Control Inspection Reports.
m) Corrective Action Plan if applicable.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

n) ProjectTeam submissions.
o) Invoices and Acceptable Application for Payment with Release of Liens and
Claims (Attachment Q).
p) Insurance Certificates.
q) Performance and Payment Bonds.
r) Certificate of Substantial Completion executed by the Design-Builder’s
Architect/Engineer and submitted to the Department for review, concurrence
and approval.
s) Documents that may be required by Contracting Officer from time to time.

Close-Out Deliverables

Close-out deliverables shall include those outlined in Attachment U (DGS Turnover
Manual) including, but not limited to the below items. If there is a conflict between
Attachment U and the deliverable list below, Attachment U shall prevail.

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) LEED – Preliminary Construction Review.
i) All applicable inspection certificates/permits (boiler, elevator, emergency
evacuation plans, health inspection, etc.).
Final Maintenance and Operations Plan.

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit D
Preliminary SBE Subcontracting Plan

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE Subcontracting Plan
FAQs & Checklist
This Checklist and FAQs are being provided to assist you in com pleting the SBE Subcontracting Plan. You
must submit the Subcontracting Plan for all construction and no n-construction contracts for government-
assisted projects and for any application for a Class A Operato r, 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 in structions 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 contract s 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 th e 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 goa l 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 sh ould 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 contr act 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 T he 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
















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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.
















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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:
¡ F o r agency solicitations – submit to the agency with bid/proposal.
¡ F o r agency options & extensions – submit to the agency before an option or extension is
exercised.
¡ F o r 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.
















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
SBE SUBCONTRACT
NG
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 fo
r 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 ENTER
PRISE)

If the Beneficiary is a Certified Business Enterprise, select a
ll that apply and provide the following information:
I am a CBE that
WILL
perform 100% of the contracting effort with my own organizatio
n 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 organizatio
n 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 wil
l 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 C
BE Certification Number of the CBE Prime.
¾

K
-./01 /34534

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#
















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

SBE SUBCONTRACTNG PLAN | Revised October 2023
BENEFICIARY ATTESTATION

I declare, certify, verify, attest, and state under penalty of perjury that the information provided above is
true and correct to the best of my knowledge and belief. Pursua n t t o D . C . O f f i c i a l C o d e § 2 2 - 2 4 0 2 , I
understand that a person convicted of perjury shall be fined no t more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fra udulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant t o D.C. Official Code § 2-218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, o r Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Busines s Enterprise Development and Assistance
Amendment Act of 2005, as amended, (D.C. Law 20-108) (the “Act” ), shall be subject to penalties as
outlined in the Act.

PRINT NAME: ____________________________ SIGNATURE: ____________________________
JOB TITLE: ____________________________ DATE: ____________________________

Section 2. SBE/CBE SUBCONTRACTORS (FOR EACH TIER):

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.)
___________________ _________________ ____ $ __$ 5,______________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____

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Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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
_______ _________________ ____ ________________
__

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.)

















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____

















Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD

Agency: ________
Prime Contractor: ________
Contract Number: ________
Date SBE Subcontracting Plan Accepted: ________
Date agency contract signed: ________

Anticipated Start Date of Contract: ________
Anticipated End Date of Contract: ________

Total Dollar Amount of Contract: $________

*Design-Build must include total contract amount for both
design and build phase of the project.

35% of the Total Contract Amount: $________

35% of the Applicable Performance Period: $________

50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)

Total Amount of All SBE/CBE Subcontracts: $________
(include every tier)

(ضif applies)
Base Period Contract – Option/Extension Period: ________
Multi-year Contract
First Year (Period) 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 its
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 its 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.gov within five (5) days of signing:

FOR AGENCY CONTRACT the SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.gov within 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

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Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit E
Service Contract Act

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 1/11
"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2015-4281
Daniel W. Simms Division of | Revision No.: 32
Director Wage Determinations| Date Of Last Revision: 12/23/2024
_______________________________________|____________________________________________

Note: Contracts subject to the Service Contract Act are generally required to
pay at least the applicable minimum wage rate required under Executive Order
14026 or Executive Order 13658.

_____________________________________________________________________________________
|If the contract is entered into on or |Executive Order 14026 generally applies to |
|after January 30, 2022, or the |the contract. |
|contract is renewed or extended (e.g., |The contractor must pay all covered workers |
|an option is exercised) on or after |at least $17.75 per hour (or the applicable |
|January 30, 2022: |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 or |Executive Order 13658 generally applies to |
|between January 1, 2015 and January 29,|the contract. |
|2022, and the contract is not renewed |The contractor must pay all covered workers |
|or extended on or after January 30, |at least $13.30 per hour (or the applicable |
|2022: |wage rate listed on this wage determination,|
| |if it is higher) for all hours spent |
| |performing on the contract in 2025. |
_____________________________________________________________________________________

The applicable Executive Order minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections under the Executive Orders
is available at www.dol.gov/whd/govcontracts.
____________________________________________________________________________________
States: District of Columbia, Maryland, Virginia
Area: District of Columbia Statewide
Maryland Counties of Calvert, Charles, Prince George's
Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church, Fauquier,
Loudoun, Manassas, Manassas Park, Prince William, Stafford
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 21.35
01012 - Accounting Clerk II 23.96
01013 - Accounting Clerk III 26.80
01020 - Administrative Assistant 38.79
01035 - Court Reporter 28.71
01041 - Customer Service Representative I 17.17***
01042 - Customer Service Representative II 18.74
01043 - Customer Service Representative III 21.03
01051 - Data Entry Operator I 18.16
01052 - Data Entry Operator II 19.81
01060 - Dispatcher, Motor Vehicle 24.53
01070 - Document Preparation Clerk 19.93
01090 - Duplicating Machine Operator 19.93
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 2/11
01111 - General Clerk I 18.31
01112 - General Clerk II 19.98
01113 - General Clerk III 22.42
01120 - Housing Referral Assistant 26.61
01141 - Messenger Courier 21.58
01191 - Order Clerk I 18.41
01192 - Order Clerk II 20.09
01261 - Personnel Assistant (Employment) I 21.50
01262 - Personnel Assistant (Employment) II 24.05
01263 - Personnel Assistant (Employment) III 26.82
01270 - Production Control Clerk 26.81
01290 - Rental Clerk 20.61
01300 - Scheduler, Maintenance 21.33
01311 - Secretary I 21.33
01312 - Secretary II 23.86
01313 - Secretary III 26.61
01320 - Service Order Dispatcher 21.93
01410 - Supply Technician 38.79
01420 - Survey Worker 22.08
01460 - Switchboard Operator/Receptionist 18.14
01531 - Travel Clerk I 22.65
01532 - Travel Clerk II 24.70
01533 - Travel Clerk III 26.66
01611 - Word Processor I 18.97
01612 - Word Processor II 21.29
01613 - Word Processor III 23.81
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 28.60
05010 - Automotive Electrician 27.46
05040 - Automotive Glass Installer 25.87
05070 - Automotive Worker 25.87
05110 - Mobile Equipment Servicer 22.24
05130 - Motor Equipment Metal Mechanic 28.91
05160 - Motor Equipment Metal Worker 25.87
05190 - Motor Vehicle Mechanic 28.91
05220 - Motor Vehicle Mechanic Helper 20.35
05250 - Motor Vehicle Upholstery Worker 24.14
05280 - Motor Vehicle Wrecker 25.87
05310 - Painter, Automotive 27.46
05340 - Radiator Repair Specialist 25.87
05370 - Tire Repairer 19.20
05400 - Transmission Repair Specialist 28.91
07000 - Food Preparation And Service Occupations
07010 - Baker 17.68***
07041 - Cook I 20.22
07042 - Cook II 23.51
07070 - Dishwasher 16.96***
07130 - Food Service Worker 17.01***
07210 - Meat Cutter 21.58
07260 - Waiter/Waitress 17.08***
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 26.83
09040 - Furniture Handler 14.06***
09080 - Furniture Refinisher 22.55
09090 - Furniture Refinisher Helper 16.71***
09110 - Furniture Repairer, Minor 19.82
09130 - Upholsterer 19.86
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 16.85***
11060 - Elevator Operator 17.46***
11090 - Gardener 24.79
11122 - Housekeeping Aide 17.74***
11150 - Janitor 17.74***
11210 - Laborer, Grounds Maintenance 18.88
11240 - Maid or Houseman 16.96***
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 3/11
11260 - Pruner 18.02
11270 - Tractor Operator 22.69
11330 - Trail Maintenance Worker 18.88
11360 - Window Cleaner 18.59
12000 - Health Occupations
12010 - Ambulance Driver 24.09
12011 - Breath Alcohol Technician 28.19
12012 - Certified Occupational Therapist Assistant 38.30
12015 - Certified Physical Therapist Assistant 36.32
12020 - Dental Assistant 23.78
12025 - Dental Hygienist 51.13
12030 - EKG Technician 41.73
12035 - Electroneurodiagnostic Technologist 41.73
12040 - Emergency Medical Technician 24.09
12071 - Licensed Practical Nurse I 25.20
12072 - Licensed Practical Nurse II 28.19
12073 - Licensed Practical Nurse III 31.44
12100 - Medical Assistant 22.39
12130 - Medical Laboratory Technician 31.94
12160 - Medical Record Clerk 25.58
12190 - Medical Record Technician 28.61
12195 - Medical Transcriptionist 20.72
12210 - Nuclear Medicine Technologist 46.61
12221 - Nursing Assistant I 14.54***
12222 - Nursing Assistant II 16.35***
12223 - Nursing Assistant III 17.84
12224 - Nursing Assistant IV 20.04
12235 - Optical Dispenser 26.69
12236 - Optical Technician 23.50
12250 - Pharmacy Technician 21.46
12280 - Phlebotomist 22.95
12305 - Radiologic Technologist 40.40
12311 - Registered Nurse I 31.84
12312 - Registered Nurse II 38.95
12313 - Registered Nurse II, Specialist 38.95
12314 - Registered Nurse III 47.12
12315 - Registered Nurse III, Anesthetist 47.12
12316 - Registered Nurse IV 56.48
12317 - Scheduler (Drug and Alcohol Testing) 34.93
12320 - Substance Abuse Treatment Counselor 29.01
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 24.30
13012 - Exhibits Specialist II 30.10
13013 - Exhibits Specialist III 36.82
13041 - Illustrator I 24.49
13042 - Illustrator II 30.33
13043 - Illustrator III 37.10
13047 - Librarian 42.46
13050 - Library Aide/Clerk 19.29
13054 - Library Information Technology Systems 38.33
Administrator
13058 - Library Technician 24.01
13061 - Media Specialist I 27.67
13062 - Media Specialist II 30.94
13063 - Media Specialist III 34.50
13071 - Photographer I 22.33
13072 - Photographer II 25.16
13073 - Photographer III 31.50
13074 - Photographer IV 38.14
13075 - Photographer V 45.78
13090 - Technical Order Library Clerk 24.23
13110 - Video Teleconference Technician 30.84
14000 - Information Technology Occupations
14041 - Computer Operator I 27.25
14042 - Computer Operator II 30.48
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 4/11
14043 - Computer Operator III 33.99
14044 - Computer Operator IV 37.76
14045 - Computer Operator V 41.82
14071 - Computer Programmer I (see 1)
14072 - Computer Programmer II (see 1)
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 27.25
14160 - Personal Computer Support Technician 37.76
14170 - System Support Specialist 41.82
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 40.86
15020 - Aircrew Training Devices Instructor (Rated) 49.42
15030 - Air Crew Training Devices Instructor (Pilot) 59.24
15050 - Computer Based Training Specialist / Instructor 40.86
15060 - Educational Technologist 46.24
15070 - Flight Instructor (Pilot) 59.24
15080 - Graphic Artist 38.51
15085 - Maintenance Test Pilot, Fixed, Jet/Prop 59.24
15086 - Maintenance Test Pilot, Rotary Wing 59.24
15088 - Non-Maintenance Test/Co-Pilot 59.24
15090 - Technical Instructor 32.56
15095 - Technical Instructor/Course Developer 39.83
15110 - Test Proctor 26.28
15120 - Tutor 26.28
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 19.59
16030 - Counter Attendant 19.59
16040 - Dry Cleaner 22.40
16070 - Finisher, Flatwork, Machine 19.59
16090 - Presser, Hand 19.59
16110 - Presser, Machine, Drycleaning 19.59
16130 - Presser, Machine, Shirts 19.59
16160 - Presser, Machine, Wearing Apparel, Laundry 19.59
16190 - Sewing Machine Operator 23.34
16220 - Tailor 24.28
16250 - Washer, Machine 20.53
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 31.46
19040 - Tool And Die Maker 38.21
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 23.78
21030 - Material Coordinator 26.81
21040 - Material Expediter 26.81
21050 - Material Handling Laborer 18.44
21071 - Order Filler 17.70***
21080 - Production Line Worker (Food Processing) 23.78
21110 - Shipping Packer 19.99
21130 - Shipping/Receiving Clerk 19.99
21140 - Store Worker I 18.66
21150 - Stock Clerk 22.41
21210 - Tools And Parts Attendant 23.78
21410 - Warehouse Specialist 23.78
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 45.12
23019 - Aircraft Logs and Records Technician 35.77
23021 - Aircraft Mechanic I 42.85
23022 - Aircraft Mechanic II 45.12
23023 - Aircraft Mechanic III 47.32
23040 - Aircraft Mechanic Helper 30.16
23050 - Aircraft, Painter 40.69
23060 - Aircraft Servicer 35.77
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 5/11
23070 - Aircraft Survival Flight Equipment Technician 40.69
23080 - Aircraft Worker 38.32
23091 - Aircrew Life Support Equipment (ALSE) Mechanic 38.32
I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic 42.85
II
23110 - Appliance Mechanic 25.28
23120 - Bicycle Repairer 19.30
23125 - Cable Splicer 40.48
23130 - Carpenter, Maintenance 28.16
23140 - Carpet Layer 22.54
23160 - Electrician, Maintenance 33.41
23181 - Electronics Technician Maintenance I 35.18
23182 - Electronics Technician Maintenance II 37.35
23183 - Electronics Technician Maintenance III 39.32
23260 - Fabric Worker 27.66
23290 - Fire Alarm System Mechanic 29.84
23310 - Fire Extinguisher Repairer 25.49
23311 - Fuel Distribution System Mechanic 37.07
23312 - Fuel Distribution System Operator 28.53
23370 - General Maintenance Worker 24.26
23380 - Ground Support Equipment Mechanic 42.85
23381 - Ground Support Equipment Servicer 35.77
23382 - Ground Support Equipment Worker 38.32
23391 - Gunsmith I 25.49
23392 - Gunsmith II 29.64
23393 - Gunsmith III 33.13
23410 - Heating, Ventilation And Air-Conditioning 31.79
Mechanic
23411 - Heating, Ventilation And Air Contidioning 33.49
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 30.95
23440 - Heavy Equipment Operator 28.45
23460 - Instrument Mechanic 35.15
23465 - Laboratory/Shelter Mechanic 31.46
23470 - Laborer 18.44
23510 - Locksmith 32.72
23530 - Machinery Maintenance Mechanic 31.20
23550 - Machinist, Maintenance 31.20
23580 - Maintenance Trades Helper 18.43
23591 - Metrology Technician I 35.15
23592 - Metrology Technician II 37.03
23593 - Metrology Technician III 38.83
23640 - Millwright 29.89
23710 - Office Appliance Repairer 22.96
23760 - Painter, Maintenance 23.35
23790 - Pipefitter, Maintenance 33.08
23810 - Plumber, Maintenance 31.42
23820 - Pneudraulic Systems Mechanic 33.13
23850 - Rigger 34.16
23870 - Scale Mechanic 29.64
23890 - Sheet-Metal Worker, Maintenance 30.59
23910 - Small Engine Mechanic 23.01
23931 - Telecommunications Mechanic I 37.06
23932 - Telecommunications Mechanic II 39.03
23950 - Telephone Lineman 43.07
23960 - Welder, Combination, Maintenance 28.60
23965 - Well Driller 29.56
23970 - Woodcraft Worker 33.13
23980 - Woodworker 25.49
24000 - Personal Needs Occupations
24550 - Case Manager 21.35
24570 - Child Care Attendant 17.20***
24580 - Child Care Center Clerk 21.46
24610 - Chore Aide 16.90***
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 6/11
24620 - Family Readiness And Support Services 21.35
Coordinator
24630 - Homemaker 21.35
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 40.12
25040 - Sewage Plant Operator 29.55
25070 - Stationary Engineer 40.12
25190 - Ventilation Equipment Tender 28.25
25210 - Water Treatment Plant Operator 29.55
27000 - Protective Service Occupations
27004 - Alarm Monitor 27.39
27007 - Baggage Inspector 19.39
27008 - Corrections Officer 31.85
27010 - Court Security Officer 30.66
27030 - Detection Dog Handler 21.69
27040 - Detention Officer 31.85
27070 - Firefighter 31.96
27101 - Guard I 19.39
27102 - Guard II 21.69
27131 - Police Officer I 33.39
27132 - Police Officer II 37.10
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 20.27
28042 - Carnival Equipment Repairer 22.16
28043 - Carnival Worker 15.65***
28210 - Gate Attendant/Gate Tender 21.04
28310 - Lifeguard 15.38***
28350 - Park Attendant (Aide) 23.53
28510 - Recreation Aide/Health Facility Attendant 17.18***
28515 - Recreation Specialist 29.16
28630 - Sports Official 18.75
28690 - Swimming Pool Operator 25.76
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 35.06
29020 - Hatch Tender 35.06
29030 - Line Handler 35.06
29041 - Stevedore I 32.73
29042 - Stevedore II 37.23
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 51.58
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 35.56
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 39.17
30021 - Archeological Technician I 22.95
30022 - Archeological Technician II 25.67
30023 - Archeological Technician III 31.79
30030 - Cartographic Technician 31.79
30040 - Civil Engineering Technician 37.80
30051 - Cryogenic Technician I 35.21
30052 - Cryogenic Technician II 38.90
30061 - Drafter/CAD Operator I 22.95
30062 - Drafter/CAD Operator II 25.67
30063 - Drafter/CAD Operator III 28.61
30064 - Drafter/CAD Operator IV 35.21
30081 - Engineering Technician I 22.92
30082 - Engineering Technician II 25.72
30083 - Engineering Technician III 28.79
30084 - Engineering Technician IV 35.64
30085 - Engineering Technician V 43.61
30086 - Engineering Technician VI 52.76
30090 - Environmental Technician 31.79
30095 - Evidence Control Specialist 31.79
30210 - Laboratory Technician 28.21
30221 - Latent Fingerprint Technician I 37.63
30222 - Latent Fingerprint Technician II 41.56
30240 - Mathematical Technician 38.51
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:18 PM SAM.gov
https://sam.gov/wage-determination/2015-4281/32 7/11
30361 - Paralegal/Legal Assistant I 25.58
30362 - Paralegal/Legal Assistant II 31.69
30363 - Paralegal/Legal Assistant III 38.77
30364 - Paralegal/Legal Assistant IV 46.90
30375 - Petroleum Supply Specialist 38.90
30390 - Photo-Optics Technician 31.79
30395 - Radiation Control Technician 38.90
30461 - Technical Writer I 31.47
30462 - Technical Writer II 38.50
30463 - Technical Writer III 46.57
30491 - Unexploded Ordnance (UXO) Technician I 32.78
30492 - Unexploded Ordnance (UXO) Technician II 39.66
30493 - Unexploded Ordnance (UXO) Technician III 47.53
30494 - Unexploded (UXO) Safety Escort 32.78
30495 - Unexploded (UXO) Sweep Personnel 32.78
30501 - Weather Forecaster I 35.21
30502 - Weather Forecaster II 42.82
30620 - Weather Observer, Combined Upper Air Or (see 2) 28.61
Surface Programs
30621 - Weather Observer, Senior (see 2) 31.79
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot 39.66
31020 - Bus Aide 18.33
31030 - Bus Driver 26.31
31043 - Driver Courier 20.84
31260 - Parking and Lot Attendant 16.85***
31290 - Shuttle Bus Driver 19.93
31310 - Taxi Driver 17.71***
31361 - Truckdriver, Light 22.77
31362 - Truckdriver, Medium 24.71
31363 - Truckdriver, Heavy 27.88
31364 - Truckdriver, Tractor-Trailer 27.88
99000 - Miscellaneous Occupations
99020 - Cabin Safety Specialist 19.33
99030 - Cashier 15.83***
99050 - Desk Clerk 16.90***
99095 - Embalmer 34.10
99130 - Flight Follower 32.78
99251 - Laboratory Animal Caretaker I 18.47
99252 - Laboratory Animal Caretaker II 20.18
99260 - Marketing Analyst 38.33
99310 - Mortician 34.10
99410 - Pest Controller 21.91
99510 - Photofinishing Worker 22.57
99710 - Recycling Laborer 22.98
99711 - Recycling Specialist 28.16
99730 - Refuse Collector 20.95
99810 - Sales Clerk 16.89***
99820 - School Crossing Guard 18.75
99830 - Survey Party Chief 31.00
99831 - Surveying Aide 19.26
99832 - Surveying Technician 29.45
99840 - Vending Machine Attendant 17.03***
99841 - Vending Machine Repairer 21.64
99842 - Vending Machine Repairer Helper 17.03***
***Workers in this classification may be entitled to a higher minimum wage under
Executive Order 14026 ($17.75 per hour) or 13658 ($13.30 per hour). 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 and 13658 are not
currently being enforced as to contracts or contract-like instruments entered into
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with the federal government in connection with seasonal recreational services or
seasonal recreational equipment rental for the general public on federal lands. The
minimum wage requirements of Executive Order 14026 also 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 Service Contract 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 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 the victim of, domestic violence, sexual assault, or
stalking. Additional information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or
$929.07 per month

HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per
week, or $854.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA-
covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal
Contractors. A contractor may not receive credit toward its SCA obligations for any
paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin
Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth
National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of
the named holidays another day off with pay in accordance with a plan communicated
to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual
employed in a bona fide executive, administrative, or professional capacity, as
defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer
Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or
at least $684 per week if paid on a salary or fee basis) likely qualify as exempt
computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage
determination may not include wage rates for all occupations within those job
families. In such instances, a conformance will be necessary if there are nonexempt
employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not
determinative of whether an employee is an exempt computer professional. To be
exempt, computer employees who satisfy the compensation requirements must also have
a primary duty that consists of:
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(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
Any computer employee who meets the applicable compensation requirements and the
above duties test qualifies as an exempt computer professional under both section
13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance
Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not
apply to any exempt computer employee regardless of which of these two exemptions is
utilized.
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
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adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of ""wash and wear""
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 CFR
4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are
included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
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notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the
contractor.
6) Each affected employee shall be furnished by the contractor with a written copy
of such determination or it shall be posted as a part of the wage determination (See
29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the ""Service Contract Act Directory of
Occupations"" should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit F
Key Personnel

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Key Personnel

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
30
OWNER
Government of the District of Columbia
Department of General Services
ENVELOPE
CONSULTANT
WSP
Paul Totten
POOL
Counsilman
Hunsaker
Jeff Nodorft
HISTORIC
EHT
GEOTECH,
HAZMAT
ECS
Dan Spielvogel
LEED
Triman
Dan Triman
DESIGN
ARCHITECT
ISTUDIO
Rick Schneider, FAIA, LEED AP (Principal in Charge)
Daniel Blair , AIA (Project Manager)
Tanja Werner, AIA, LEED (Project Architect)
Sara AlKhatib (Staff Architect
DGS Project Manager
STRUCTURAL
Silman
XXX
STRUCTURAL
BEI
Nimo Khadka
MEP/F, Net Zero
Engenium
Calvin Douglass
MacKenzie Hoover
KEY PERSONNEL
ORGANIZATIONAL CHART
DC DPR
+ Key Stakeholders
CIVIL, Utilities +
Landscape
AMT
James Gapinski
Mary Marcinko
RESUMES
Please refer to the following resumes for key participants of the team.
GENERAL CONTRACTOR
KADCON
Raed Kolaghassi – Project Director / Preconstruction Manager
Bill Murrey - Project Manager
Robert Wilson - Assistant Project Manager
Karl Windahl - Site Superintendent
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Team Level of Effort
Id Team Member Staff Role
Key Personnel
Concept
SDDDCDCAClose-outLevel of Effort
Experience with
Bennett group
A KADCON 
Raed Kolaghassi Project Dir / Precon Manager  5% 5% 5% 10% 10% 7% 
Bill Murrey Project Manager  10% 25% 25% 35% 40% 10% 24% 
Robert Wilson Asst Project Manager  35% 35% 25% 25% 5% 5% 22% 
Karl Windahl Field Superintendent  15% 25% 100% 28% 
B ISTUDIO Architects 
Rick Schneider, FAIA Principal in Charge  25% 20% 10% 10% 5% 1% 12% 
Daniel Blair Project Manager  40% 20% 20% 20% 10% 5% 19% 
Tanja Werner Project Architect  60% 80% 60% 60% 20% 56% 
Sara AlKhatib Project Architect 5% 5% 80% 100% 60% 5% 43% 
Hamza Hamdeh Staff Architect 40% 40% 80% 100% 25% 1% 48% 
C n/a 
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D AMT, LLC 
James Gapinski Civil Engineer  10% 20% 30% 30% 10% 5% 18% 
Mary Marcinko Landscape Architect 10% 20% 30% 30% 10% 2% 17% 
Aaron Wenger, PE Dry Utilities 10% 5% 2% 2% 2% 4% 
Daniel Schriever, PLS Survey 7% 2% 2% 
E BEI Structural Engineers, Inc. 
Nimo Khadka, PE Project Principal - QC Review  10% 10% 20% 20% 10% 2% 12% 
Jim Welch Project Manager 20% 30% 40% 40% 40% 6% 29% 
Luis Rios, PE Structural Engineer 20% 40% 50% 60% 60% 46% 
Stephanie Su CADD Technician / Admin 30% 50% 60% 80% 20% 48% 
F Engenium Group 
Calvin Douglass Principal MEP Engineer/NZE Design  3% 2% 2% 1% 1% 2% 2% 
MacKenzie Hoover Lead Mechanical Engineer  10% 20% 50% 20% 10% 5% 19% 
Vince Garcia Lead Electrical Engineer  5% 15% 40% 15% 7% 2% 14% 
Staff Engineer Jr MEP Designer 2% 5% 60% 20% 5% 18% 
G WSP USA Buildings Inc. 
Paul Totten Lead Envelope Consultant  10% 10% 10% 10% 10% 
Amanda Stacy Project Manager 15% 15% 15% 15% 15% 
H ECS Capitol Services, PLLC 
Dan Speilvogel Environmental Project Manager  30% 25% 28% 
I Educational Systems Planning 
Derek Davis IT/AV + Security Designer 3% 15% 20% 30% 10% 1% 13% 
J EHT Traceries, Inc. 
Eric Griffitts Historian 10% 15% 13% 
% of time devoted to the project
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Working Together
Raed Kolaghassi
Project Dir / Precon ManagerBill MurreyProject ManagerRobert WilsonAsst Project ManagerKarl WindahlField SuperintendentRick Schneider, FAIAPrincipal in ChargeDaniel BlairProject ManagerTanja WernerProject ArchitectSara AlKhatibProject ArchitectJames GapinskiCivil EngineerMary MarcinkoLandscape ArchitectNimo Khadka, PEProject Principal - QC ReviewJim WelchProject ManagerCalvin DouglassPrincipal MEP Engineer/NZE DesignMacKenzie HooverLead Mechanical EngineerVince GarciaLead Electrical EngineerPaul TottenLead Envelope Consultant#REF!#REF!Derek DavisIT/AV + Security Designer
Raed Kolaghassi
Project Dir / Precon Manager
Bill Murrey
Project Manager
Robert Wilson
Asst Project Manager
Karl Windahl
Field Superintendent
Rick Schneider, FAIA
Principal in Charge
Daniel Blair
Project Manager
Tanja Werner
Project Architect
Sara AlKhatib
Project Architect
James Gapinski
Civil Engineer
Mary Marcinko
Landscape Architect
Nimo Khadka, PE
Project Principal - QC Review
Jim Welch
Project Manager
Calvin Douglass
Principal MEP Engineer/NZE Design
MacKenzie Hoover
Lead Mechanical Engineer
Vince Garcia
Lead Electrical Engineer
Paul Totten
Lead Envelope Consultant
#REF!
#REF!
Derek Davis
IT/AV + Security Designer
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Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Current Workload of Key Personnel
Staff Member / Role Current Project Project Location Current Phase
Est. Design Completion
DateProject Status Design Complete
KADCON
Raed Kolaghassi Embassy of Malta Rehabilitation Washington, DC Construction Dec-23
- Turkey Thicket Recreation Center Washington, DC Construction Dec-23
Duke Ellington Park Washington, DC Design / Build Oct-24
Sherwood Park Washington, DC Construction Jan-24
Johnson & Garrison Schools Washington, DC Design / Build Aug-24
Alexandria High School Alexandria, VA Construction Apr-24
DC Housing Authority Washington, DC Construction Jun-24
Bill Murrey Turkey Thicket Recreation Center Washington, DC Construction Dec-23
Duke Ellington Park Washington, DC Design / Build Oct-24
Sherwood Park Washington, DC Construction Jan-24
Robert Wilson Duke Ellington Park Washington, DC Design / Build Oct-24
- Sherwood Park Washington, DC Construction Jan-24
Alexandria High School Alexandria, VA Construction Apr-24
Karl Windahl Embassy of Malta Rehabilitation Washington, DC Construction Dec-23
ISTUDIO Architects
Rick Schneider, FAIA Oxon Run Fitness Washington DC CD Feb 2024
Blair Men's Shelter Washington DC CD Nov 2024
Howard U Nursing Demo Washington DC CA Oct 2024
HSEMA UCC TI Washington DC Permit Jun 2024
- Coolidge HS Dining Hall Washington DC CD Aug 2024
Daniel Blair Blair Men's Shelter Washington DC CA Nov 2024
- Howard U Nursing Demo Washington DC CA Oct 2024
Coolidge HS Dining Hall Washington DC CD Aug 2024
Tanja Werner DC FEMS MPD Training Academy Washington DC CA Jan 2023
Coolidge HS Dining Hall Washington DC CD Aug 2024
Sara AlKhatib Coolidge HS Dining Hall Washington DC CD Aug 2024
AMT, LLC
James Gapinski, PE, LEED AP DC DGS W Street OSSE Bus Depot Washington, DC Construction Dec 2023
DC DGS FEMS/OSSE DC Village Washington, DC Construction Apr 2024
DC DGS 4D Tower Washington, DC Construction Apr 2024
Mary Marcinko, RLA, ISA DC DGS FEMS/OSSE DC Village Washington, DC Construction Apr 2024
DDOT DC PLUG Washington, DC Design Varies by task
Daniel Schriever, RLS DDOT Benning Road Plats Washington, DC Survey/Design Dec 2023
DDOT Cleveland Park Survey Washington, DC Survey/Design Dec 2023
Aaron Wenger, PE DC DGS Anacostia & Congress Heights Rec Centers Washington, DC Design Sep 2024
DC DGS Adams Education Campus Washington, DC Design Jan 2026
BEI Structural Engineers, Inc.
Nimo Khadka, PE Hyattsville Canvas Apartments Hyattsville, MD CA Jun 2024
- DCPS Coolidge HS Cafeteria Addition Washington, DC DD Aug 2024
VA Medical Center Clarksburg, WV CD Jan 2024
Ometeo Restaurant Tysons Corner, VA CA Nov 2023
Loudoun County Solid Waste - Site Structures Loudoun County, VA CD Jun 2024
Jim Welch St. Katharine Drexel Parish Hall Haymarket, VA CA Nov 2023
- Smoketown Station - Block 4 Woodbridge, VA CA Jan 2024
Glenstone Gallery Potomac, MD CA Dec 2023
DCPS Coolidge HS Cafeteria Addition Washington, DC DD Dec 2024
Ometeo Restaurant Tysons Corner, VA CA Nov 2023
Engenium Group
Chris Wilson, PE, LEED AP, GGP, CPD Tubman Elementary School Washington DC Concept Aug. 2027
Barry Farm Redevelopment Washington DC CD Jun. 2025
Stead Park Recreation Center Washington, DC CA Jan 2024
Coolidge High School Cafeteria Renovation Washington DC CDs Aug 2024
Hanyan Shen, PE, CPD, LEED AP Congress Heights Residential Washington DC CD Aug. 2024
Grew Management Capital Improvements Washington, DC CD Jun. 2025
Tubman Elementary School Washington DC Concept Aug. 2027
MacArthur Boulevard School Modernization Washington, DC CA Dec. 2023
Vince Garcia, PE, LEED AP JO Wilson Elementary School Washington DC Concept Mar. 2025
Harvard Hall Multifamily Washington, DC CA Jan. 2024
Barry Farm Redevelopment Washington, DC CD Jun. 2025
1901 L Street Washington, DC CA Jan. 2024
Banneker & Lucy C. Moore Boiler Replacement Washington, DC CD Jul. 2025
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Raed Kolaghassi
Project Director:
The project director oversees the completion of the project management
plan and will set deadlines for the design based on the specified deadlines in the
RFP and manage the design team to achieve those deadlines. The project direc-
tor will work with estimating team throughout the entire process to ensure that
the design is remaining within the prescribed budget. The director will also moni-
tor and supervise the completion of all preconstruction services and subsequent
issuance of the GMP. And once the notice to proceed is issued, the project di-
rector will oversee the progress of construction through continues monitoring of
the costs, time schedules and quality.

Relevant Experience
Raed brings over 25 years of architectural design, project management,
and construction experience to the project. Over the years, Raed worked directly
in project management overseeing numerous historic restoration projects, com-
mercial and retail projects in the Washington metropolitan area. He has also tak-
en a lead position on multiple design -build projects and fast -track projects in the
US and abroad in the hospitality and commercial construction sectors on pro-
jects ranging in cost from 5 to 200 million. Raed rejoins KADCON bringing with
him vast knowledge in both the design and construction industry. His experience
in design management extends from commercial, hospitality, mixed -use, master
planning to educational projects, and in construction project management, his
experience has been in numerous historic restoration projects, commercial, and
retail.
Past Projects
Radisson Blue Hotel : Project was for the design of $115,000,000 mixed use devel-
opment of two towers sitting on a podium and consisting of 220 -room hotel. 70
serviced apartments in one tower and an office building in the other tower.
Dharan International School :A new K -12 School consisting of elementary, middle, and
high school, all sharing a campus that also houses athletic fields, an administration build-
ing, a cafeteria building and a state of the art library and education center.
3333 M Street Eagle Building: A new urban infill project consisting of four under-
ground levels and two above grade levels of retail and offices. The project includ-
ed the shoring and preservation of a historic façade.
Alexandria City Hall: A historic building with exterior and interior renovation, that
included Masonry Repointing, Repairs to the steeple, repairing the damaged
roof, replacement of copper gutters and downspouts, and structural system re-
pairs.
Alexandria High School (T.C. Williams): new football field and adjacent track
along with numerous support facilities and site work around the site. The scope
of work in-clouded the addition of new parking area, miscellaneous site work and
support facilities such as bathrooms, storage, kitchen, and press box. The work
also included new utility upgrades for electric, sanitary and sewer connections.
Potomac Falls High School: The project included expansion to the existing building
that included The site grading, utility work, foundation and exterior wall construc-
tion, interior and exterior finishes, security systems, communication.
Education
The Catholic University of America,
Master of Architecture
The Catholic University of America,
Bachelors of Arts

Years Experience
28 years

Past Jobs
KADCON
Executive Vice President
2K Architects Planners Engineers
Project Director
Test International
Architect

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Bill Murray
Project Manager
The Construction Project Manager’s primary responsibilities include
but are not limited to oversee and direct construction from conception to
completion. Developing the project schedule along with estimates and/or
budgets. Coordinating with the Superintendent all onsite and offsite
constructions, along with monitoring the daily construction workers and
subcontractors. Identifying special tools, materials, equipment and tracking all
product lead times. Coordinating compliance with building and safety
regulations to manage and mitigate risk.

Relevant Experience
Bill brings over 30 years of experience in the design, construction, and devel-
opment of high-end, commercial buildings. Over the course of the last 20
years his focus has been involved in $1-$550,000,000.00 base buildings,
hospitals, stadium renovations, retail, and interior fit-ups of any size. While
Maryland, DC and Virginia have been his primary project focus areas, He has
successfully managed retail projects throughout the United States. He has full
understanding of the development process from conceptual design and site
selection to complete build out and turn over for tenant occupancy.

Past Projects
Mark O. Hatfield Clinical Research Center :
Completed major addition 550,000,000 base building project with tie in to
existing hospital
Potomac Place Tower:
Completed 400-unit renovation. The work included a total interior gut and
reconfiguration of rooms as well as all mechanical, electrical, and plumbing.
The work was completed in two phases 200 units at a time while the others
remained fully functional.
Fairfax City Hall:
Exterior and Interior restoration of Fairfax City Town Hall. Restoration includ-
ed masonry re-pointing, repairs to the steeple, as well as repairing damaged
roof slate, Structure upgrade, interior finishes.
Potomac Falls High School: The project included expansion to the existing
building that included The site grading, utility work, foundation and exterior
wall construction, interior and exterior finishes, security systems, communica-
tion.

Certifications
OSHA 10 Training Certificate
First Aid and CPR with AED Certificate
Baltimore Carpenters Union Journeyman
Carpenter

Years Experience
30 Years

Past Jobs
KADCON
Construction Project Manager
Spectrum Inc.
Senior Project Manager
The Dietze Construction Group
Construction Project Manager
Balfour Beatty
Construction Project Manager
Kellogg Brown and Root Services
Construction Project Manager

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Robert Wilson
Assistant Project Manager
The Assistant Project Manager’s primary responsibilities include but
are not limited to assisting the project manager oversee and direct
construction from conception to completion. Assisting in developing the
project schedule along with estimates and/or budgets. Coordinating with the
Superintendent all onsite and offsite constructions, along with monitoring the
daily construction workers and subcontractors. Coordinating compliance with
building and safety regulations to manage and mitigate risk. The Assistant
Project Manager also can manage smaller projects alone and helps with
project close outs.

Relevant Experience
With his multidisciplinary background in both Architectural Design, as
well as Construction Project Management, Robert brings a diversified view of
the projects he works on. His specialized education in Urban design provides
him a strong toolset in how to tackle many of the dense sites throughout the
DC metropolitan area. He is also familiar with the design process on the
architectural side of the project, which makes him efficient at communicating
with the Architects on a project.

Alexandria High School Field Renovation: Assistant Project Manager
Coordinated the closeout of this project: a multiphase renovation of
the Alexandria High School sports field. Work included resodding the main
field, as well as resurfacing the track. A concessions stand and bathroom
were constructed, with landscaping
surrounding the area.

UDC Van Ness Tennis Court Repairs: Project Coordinator
Coordinated the repairs of the UDC Van Ness Tennis Courts, a 6
court tennis complex with post-tension cable construction. The repairs
encompassed chipping out and repatching select locations of cracks along
the edges of the court, as well as resurfacing along cracks on the court
surface and repainting the outer sides of the court to prevent moisture
penetration into the concrete.

Education
University of Maryland College Park
Bachelors of Science in Architecture
Minor in Construction Project Management

Years Experience
1 Year

Past Jobs
KADCON
Assistant Project Manager
Kalkreuth Roofing and Sheetmetal
Productions Intern

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Karl Windahl
Superintendent
The Project Superintendent is the on-site representative for the De-
sign-Builder. The Project Superintendent is in charge of all construction ac-
tivities taking place on-site. Primary responsibilities include but are not
limited to site safety, subcontractor coordination, quality control and sched-
uling. The Project Superintendent must maintain a safe project site at all
times. The Project Superintendent must also coordinate and schedule the
subcontractors in a way that focuses on the critical path to meet various inter-
mediate milestones. The project
superintendent will put three-week look-ahead schedules together on a
weekly basis to communicate the scheduling and coordination efforts.
These will be presented to the client at the weekly progress meetings.
The Project Superintendent will also review all work put in place. Any work
that the does not meet the plans and specifications will be identified and
tracked in the Rework Items Log.

Past Projects
Robert J. DiPietro Community Center, Laurel, Md.
Local community center with indoor/outdoor recreation facilities and indoor
pool.
Central Parke at Colonial Charles, Waldorf, Md.
Subdivision community center with all amenities including indoor and outdoor
pools.
Villages at Steeplechase, La Plata, Md.
Subdivision community center with all amenities including outdoor pool and
nature preserve.
County Center, Prince William, Va.
Subdivision community center with all amenities including outdoor pool.
Nature preserve included hiking trails with wildlife viewing stations
including information of local species and plants. Several bridges over
streams. Nature education center for children.
Fairfax City Hall:
Exterior and Interior restoration of Fairfax City Town Hall. Restoration includ-
ed masonry re-pointing, repairs to the steeple, as well as repairing damaged
roof slate, Structure upgrade, interior finishes.
Certifications
OSHA 30 Training Certificate

Years Experience
35 Years

Past Jobs
KADCON Corporation
Superintendent
Added Dimensions
Superintendent

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
31
Education
Bachelor of Architecture
Virginia Tech, 1991
Master of Architecture
Virginia Tech, 1998
Registrations
DC #ARC5863
MD #15571
VA #0401015305
NY #038495-1
Organizations
American Institute of
Architects
AIA Committee on the
Environment (COTE)
American Planning
Institute
US Green Building
Council
Committee of 100 for the
Federal City
Association for Learning
Environments
Years Experience
32
Current Workload
Over Next Two Years
FY2024 - 65%
FY2025 - 25%
Experience on
Similar Projects
Exceeds
Prof. Experience
>10 yrs
Exceeds
Experience on
Projects of >value
Exceeds
Rick Harlan Schneider FAIA, APA, LEED AP
Design Principal
Mr Schneider is an expert in the design of 21st century parks and recreation
projects. He has over 30 years of experience in planning, presentation, and
approvals for public projects in Washington DC. He has worked on a number of
community-based projects with the DC Department of Parks and Recreation,
MNCPPC, Takoma Park Recreation Department, and the National Park Service.
Mr Schneider began ISTUDIO architects with a dedication to developing a smarter,
“greener” built environment. He is recognized for leadership in sustainability and
community resilience and gives regular presentations on topics from the design of
urban infrastructure to low impact development and equitable design.
Recreation + Community Projects
Marvin Gaye Trail + Recreation Center - Washington, DC - DGS/DPR
Scale: 7,200 sf | 5 ½ acre site | 1 ½ mi trail Budget: $14.0M
Design Principal - New LEED Gold recreation center with fi elds and 2-mile trail.
Program includes fi tness room, teaching kitchen, computer center, seniors room,
and indoor/outdoor restrooms. Passive/Net Zero Energy strategies included
natural ventilation and daylighting. Sitework includes design for resilience on a
tight urban site in the 100-year fl ood plain with archaeological sites. The approvals
process required coordination of DC Water, Pepco, FEMA, US Commission of Fine
Arts, DC Historic Preservation Offi ce, and Dept of Energy and the Environment at
multiple sites. POC: Ella Faulkner, DPR p. 202-286-1533
Arboretum Community Center - Washington, DC - DGS/DPR
Scale: 8,200 sf | 2 ½ acre site Budget: $8.5M
Design Principal for the fi rst mass timber project for DGS and DPR. LEED
Gold target recreation center incl. sitework, playgrounds, Smart Stormwater
Management, and Historic Preservation Offi ce + federal Commission of Fine Arts
rvw. Biophilic design is intertwined with strategies like daylighting, passive design,
natural ventilation, solar power, stormwater management, and CLT framing in the
Gymnasium to deliver a high-performance building that has 30% smaller carbon
footprint.
Hardy Recreation Center, Washington, DC, DGS/DPR
Scale: 5.2 acre site Budget: $5.5M
Design Principal for planning and design of park upgrades. Including grading and
sitework for new irrigated soccer fi eld, fi eld house enclosure, splash pad, natural-
themed playgrounds, picnic areas, walking path, and public space upgrades. Park
pavilion is designed to channel stormwater for use in the community gardens.
Includes SWM and coordination with DOEE as well as HPO, CFA, and DDOT.
Van Ness Elementary School Expansion - Washington, DC - DGS/DCPS
Scale: 10,700 sf | Budget:$8.4M | Addition + Renov | Design-Build
Design Principal - Multi-phase design-build renovation/addition with Early
Childhood Education + 2nd - 5th grade programs, green roof + Outdoor classroom.
Work includes a modern 3-classroom addition, adaptive reuse of a healthcare
clinic into 4-classroom Annex, and preservation of the historic recreational Lincoln
fi eld house (c. 1934). Sitework includes plans for SWM, GAR, and playgrounds on
a complicated urban site. Multiple approvals included HPO, CFA, Archaeology, DC
Water, DOEE, DDOT + DCRA.
Powell Elementary School, DGS/DCPS
Project Architect for 90,000sf LEED-S Gold renovation + addition ($46M) includes
rehab of existing historic school, new construction, and sitework for playgrounds
+ outdoor classrooms. Approvals included CFA, HPO, DOEE, and Zoning. Passive/
NZE strategies included natural ventilation and daylighting.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
32
Education
Master of Architecture,
The Ohio State University
B.A. Political Science with
Pre-Med focus, The Ohio
State University
Registrations
DC #ARC102039
OH #ARC1917872
Organizations
AIA|DC CKLDP
2020 Chair
2019 Communications
2018 Scholar
Years Experience
23
Current Workload
Over Next Two Years
FY2024 - 75%
FY2025 - 35%
Experience on
Similar Projects
Exceeds
Prof. Experience
>7 yrs
Exceeds
Experience on
Projects of >value
Exceeds
Daniel Blair AIA, NCARB
PROJECT MANAGER
Mr. Blair is an expert in public facility design who knows DC DGS and
DCPS. He is a seasoned Project Manager always looking for ways to drive
the deployment, execution and efficiency of projects. He delivers over
20 years of creative problem solving in design, construction, scheduling,
and fi nancial and contract management. He focuses on building team-
oriented environments where qualities of integrity, commitment, fl exibility,
and solution-oriented approaches can be applied to the benefi t of his
customers. Cory has years of experience managing the rehabilitation of
ageing facilities for reuse with the DC Department of General Services and
the Federal Overseas Building Operations among others.
Recreation + Community Projects
Arboretum Community Center - Washington, DC - DGS/DPR
Scale: 8,200 sf | 2 ½ acre site Budget: $8.5M
Project Manager for the fi rst mass timber project for DGS and DPR. LEED
Gold target recreation center incl. sitework, playgrounds, Smart Stormwater
Management, and Historic Preservation Offi ce + federal Commission of
Fine Arts rvw. Biophilic design is intertwined with strategies like daylighting,
passive design, natural ventilation, solar power, stormwater management,
and CLT framing in the Gymnasium to deliver a high-performance building
that has 30% smaller carbon footprint.
Chevy Chase Community Center - Washington, DC - DGS/DPR
48,000 gsf LEED Silver Design Target modernization project. The program
for the new facility included a half gym, auditorium/community theater,
fi tness center, fencing studio, ballet studio, demonstration kitchen, childcare
center, meeting rooms, senior room, tech lounge, community organization
offi ces, rooftop community garden, and solar PV garden. Sr Project Architect
Van Ness Elementary School - Washington, DC - DGS/DCPS
$8.4M multi-phase renovation/addition with Early Childhood Education
and K-12 programs. Work includes a modern classroom addition, building
rehab, and preservation of a c. 1934 historic brick fi eldhouse. Sitework
includes plans for SWM, GAR, and playgrounds on a tight urban site. Multiple
approvals include HPO, CFA, Archaeology, and DCRA. Sr Project Architect
Truesdell Education Campus - Washington, DC - DGS/DCPS
Planning and design of an $1.5M elevator + stair addition connecting to a
c. 1908 historic school. Work included coordinating approvals with CFA and
the DC HPO. Sr Project Architect
Emery House Shelter, Washington, DC, DGS/DHS
Scale: 24,000 sf | Budget:$7.3M | Renovation | Design-Bid-Build
Project Manager for the rehabilitation of an existing historic shelter to meet
the DHS men’s shelter program needs. Scope of work includes upgrades to
fi nishes, mechanical systems, electrical, plumbing, and ADA routes/public
space. Building envelope, roof replacement, and rehabilitation of historic
features were coordinated along with a change in contractors better suited
to the project. Approvals include CFA, DOEE, Zoning, and coordination with
DC Historic Preservation Offi ce.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Education
Master of Architecture,
Southern California
Institute of Architecture
B.A. Environmental
Science, Minor -
Architecture, The University
of Virginia
Study Abroad Program, The
Univeristy of Queensland,
Brisbane, Australia
Summer Study in painting,
Parson’s School of Design
Years Experience
14
Current Workload Over
Next Two Years
FY2024 - 50%
FY2025 - 25%
Experience on
Similar Projects
Exceeds
Prof. Experience
>5 yrs
Exceeds
Experience on
Projects of >value
Exceeds
Tanja Werner
PROJECT ARCHITECT
Ms. Werner is a skilled project architect well-versed in the design and
coordination of city schools and other public projects. She has worked with
DGS, DCPS, and DC Public Charter Schools on facilities throughout the city -
including projects over 40,000 sf, phased occupancy, tight sites, and LEED.
Ms. Werner is well-versed in the multi-layered approvals process required for
successful projects. Her role is to work closely with DGS/DCPS and coordinate
the project to assure the team develops well-coordinated documents and
specifi cations, while maintaining the project schedule.
Recreation + Community Projects
Arboretum Community Center - Washington, DC - DGS/DPR
Scale: 8,200 sf | 2 ½ acre site Budget: $8.5M
Project Architect for the fi rst mass timber project for DGS and DPR. LEED
Gold target recreation center incl. sitework, playgrounds, Smart Stormwater
Management, and Historic Preservation Offi ce + federal Commission of
Fine Arts rvw. Biophilic design is intertwined with strategies like daylighting,
passive design, natural ventilation, solar power, stormwater management, and
CLT framing in the Gymnasium to deliver a high-performance building that has
30% smaller carbon footprint.
Coolidge High School Expansion - Washington, DC - DGS/DCPS
Scale: 15,000 sf | Budget:$8.4M | Addition + Renov | Design-Build
Project Architect for multi-phase renovation/addition with Dining Hall and
Music programs. Work includes a modern Instrumental/Choir addition,
building rehab for a Cafeteria/Dining Room, and preservation of a c. 1937
historic brick high school. Sitework includes plans for SWM, GAR, and
comunity garden on a tight urban site. Multiple approvals include HPO, CFA,
Archaeology, and DCRA.
Van Ness Elementary School - Washington, DC - DGS/DCPS
Scale: 10,700 sf | Budget:$8.4M | Addition + Renov | Design-Build
Project Architect for Multi-phase design-build renovation/addition with Early
Childhood Education + 2nd - 5th grade programs, green roof + Outdoor
classroom. Work includes a modern 3-classroom addition, adaptive reuse of
a healthcare clinic into 4-classroom Annex, and preservation of the historic
recreational Lincoln fi eld house (c. 1934). Sitework includes plans for SWM,
GAR, and playgrounds on a complicated urban site. Multiple approvals
included HPO, CFA, Archaeology, DC Water, DOEE, DDOT + DCRA. POC: Megan
Andargie, DGS PM p. 443-520-2988
Hyde Addison Elementary DGS/DCPS
Project Designer for 30,000 sf addition and renovation to a historic school in
Northwest DC. Work included architecture and design for coordination with
HPO and CFA for approvals.
DC Prep Benning Street DGS/DCPCS
Project Designer for 36,000 sf addition and existing school renovation,
including base building and interior design. Work included coordination of
fi nishes, fi xtures, signage/graphics. Drawings, renderings and construction
administration through CD and CA. Coordination of approvals with CFA, HPO
as well as LEED-S Gold documentation.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
34
Sara Alkhatib
PROJECT ARCHITECT
Ms. Alkhatib has developed as a project architect through her experience on
multiple public projects in the Washington DC area. She has worked on a number of
school and recreation projects for DC DGS, DCPS, MCPS, and DC DPR. In her role as
project architect for base building Ms Alkhatib is a key team member for generating
design ideas and executing all levels of project documentation. She has worked
closely with our team of engineers and sub-consultants to problem-solve during
design for proper bidding and approvals. Her role will be to work with the project
designer and project architect for interiors to coordinate the A/E team to develop
the project through design and permits and into construction.
Relevant Experience
Arboretum Community Center - Washington, DC - DGS/DPR
Scale: 8,200 sf | 2 ½ acre site Budget: $8.5M
Project Architect for the fi rst mass timber project for DGS and DPR. LEED
Gold target recreation center incl. sitework, playgrounds, Smart Stormwater
Management, and Historic Preservation Offi ce + federal Commission of Fine Arts
rvw. Biophilic design is intertwined with strategies like daylighting, passive design,
natural ventilation, solar power, stormwater management, and CLT framing in the
Gymnasium to deliver a high-performance building that has 30% smaller carbon
footprint.
Van Ness Elementary School Expansion - Washington, DC - DGS/DCPS
Scale: 10,700 sf | Budget:$8.4M | Addition + Renov | Design-Build
Project Architect for Multi-phase design-build renovation/addition with Early
Childhood Education + 2nd - 5th grade programs, green roof + Outdoor classroom.
Work includes a modern 3-classroom addition, adaptive reuse of a healthcare
clinic into 4-classroom Annex, and preservation of the historic recreational Lincoln
fi eld house (c. 1934). Sitework includes plans for SWM, GAR, and playgrounds on
a complicated urban site. Multiple approvals included HPO, CFA, Archaeology, DC
Water, DOEE, DDOT + DCRA.
Montgomery County Public Schools - Montgomery County, MD
Staff/Project Architect for multiple k-12 school renovation projects including:
- Blake High School, Colesville, MD - renovation of suite for art classes and pottery
inlduing kilns and storage.
- Germantown Elementary School, Germantown, MD - renovation of existing
classrooms to include special needs, storage, and restroom.
Work included design, permitting, contractor bidding, construction administration,
and post-occupancy evaluation.
DC Homeland Security Headquarters, DGS/HSEMA
Scale: 42,289 sf | Budget:$17M | Programming + Renovation | Design-Bid-Build
Staff Architect for the programming and design of secure emergency operations
center with SCIF rooms, mayoral suite, and press room. Programming included
coordination across multiple agencies including FEMS, MPD, FEMA, and the Offi ce
of the Mayor. Infrastructure planning of secure and redundant tele/data/power
includes generator, grounding, and xray/electromagnetic security system. Interiors
were designed to promote wellness in a high stress environment. LEED-CI Gold
DC Unifi ed Communications Center, DGS/HSEMA
Scale: 23,000 sf | Budget: $7.1M | Renovtion | Design-Bid-Build
Staff Architect for the planning and design of secure communications center and
offi ce and space. Infrastructure planning of secure and redundant tele/data/power
includes generator, grounding, and xray/electromagnetic security system. Interiors
were designed to promote wellness in a high stress environment.
Education
Bachelor of Architecture,
Islamic Center of Gaza,
Palestine
Masters of Architecture,
Virginia Tech, 2020
Registrations
Organizations
WAAC AIAS
MEPI Leadership
Program, Portland State
University
Years Experience
5
Current Workload
Over Next Two Years
FY 2024 - 45%
FY 2025 - 33%
Experience on
Similar Projects
Meets
Prof. Experience
>5 yrs
Meets
Experience on
Projects of >value
Exceeds
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
3
Education
BS, 1995, Civil
Engineering, Virginia
Polytechnic Institute and
State University
Registrations
Professional Engineer:
DC #PE904969
LEED Accredited
Professional
Years Experience
27
Current Workload
Over Next Two Years
FY2024 - 65%
FY2025 - 45%
JAMES GAPINSKI, PE, LEED AP
Civil Engineer
Mr. Gapinski has 27 years of experience in civil engineering and site design with over
16 years’ experience working exclusively on new construction and renovation projects
throughout the District of Columbia. His project experience includes multiple K-12
schools, higher education, residential developments, mixed use/retail, and public
and private school facilities. His expertise includes civil design for roads, parking
lots, storm sewers, sanitary sewers, potable water systems, drainage, stormwater
management, sustainable design, and erosion and sediment control facilities. He
also serves as a liaison between clients and government agencies relative to permit
preparation/acquisition including DC Water, DC Watershed Protection Branch of
the DOEE, the DOB Permits office, and DDOT, and has practical working knowledge
of their procedures and practices. Mr. Gapinski is LEED certified and has served on
multiple LEED rated projects.
Relevant Experience
Arboretum Community Center Renovation and New Building -
Washington, DC - DC DGS
QA/QC for civil engineering services for the redevelopment of the Arboretum
Community Center for DC DPR/DGS including renovation of the existing community
center and construction of a new community center building, green house, fitness
area, stormwater management (green roof, bioretention, and permeable pavement),
site grading, erosion and sediment control, playground surface and grading design
in vicinity of critical tree root zones, upgraded and new wet utilities (domestic water,
fire suppression service, external fire department connection, sanitary sewer,
storm sewer). The design includes an amphitheater with integrated bioretentions
and a functional and aesthetically intriguing stormwater management feature. The
playgrounds and walkways were designed to be ADA-compliant throughout.
Palisades Community Center Play Area Renovation - Washington, DC -
DC DGS
QA/QC 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. Design 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. Services
included coordination with DDOE, DC Water, DDOT, and DPR/DGS for reviews and
approvals.
Emery Recreation Center & Play Area Renovation - Washington, DC - DC
DGS
QA/QC Manager and Civil Engineer of Record for preparation of design and
construction documents for this play area renovation project. 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. Services included landscape architecture, civil
engineering, surveying, site layout, grading, water, drainage connections, erosion/
sediment control, and stormwater management. Services included coordination
with DDOE, DC Water, DDOT, and DPR/DGS for reviews and approvals.
Eastern Market Metro Park, Phases I and II - Washington, DC - DC DGS
QA/QC Manager and Civil Engineer of Record for a Design-Build Contract project
that included the overall upgrade of the existing park to a new state of the art EMMP
park. The six (6) parcels park area consists of surface improvements including:
playground equipment areas; manicured lawn green lawn space; shade structures;
splash pad play area; water fountains, benches; archaeological coordination;
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4
national park service coordination; WMATA coordination; tree preservation; street scape improvements; raised
sidewalk design; traffic calming bump-outs; traffic control sequence plans; DDOT Tops permitting; DOB building
permit coordination; and phased construction permits. The project included design, geotechnical coordination,
land surveying, site development layout, grading plans, water/sewer design, drainage connections, ADA
accessibility, SWM design, Erosion and Sediment Control permits with DOEE. Coordination with DDOT was
necessary because the entire project was considered Public Space.
Fort Greble Recreation Center and Playground - Washington, DC - DC DGS
Provided stormwater management engineering and quality control assistance associated with site improvements
to the Fort Greble Park. The renovation included new play equipment, picnic shelters, synthetic turf surface,
spray park, exercise equipment, and community gardens.
Fort Davis Recreation Center Park Improvements - Washington, DC - DC DGS
QA/QC Manager and Civil Engineer of Record for 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. Civil design included site grading, utilities, storm drainage, stormwater, and sediment
control. Services included coordination with DDOE, DC Water, DDOT, and DPR/DGS for reviews and approvals.
Hardy Recreation Center and Dog Park - Washington, DC - DC DGS
Civil Engineer of Record for civil engineering design improvements at the Hardy Recreation Center. This project
includes an addition to the existing recreation center along with a new playground, splash pad, and renovation to
the existing ball field and walk pathways
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
5
Education
MPS, 2023, Real Estate,
Georgetown University
BS, 2011, Civil
Engineering, University of
Rhode Island
Registrations
Professional Engineer:
DC #PE920329
Years Experience
12
Current Workload
Over Next Two Years
FY2024 - 65%
FY2025 - 55%
JOSEPH SANDOR, PE
Civil Engineer
Mr. Sandor has 12 years of experience in civil engineering and site design for new
construction and renovation projects in the District of Columbia. With both public
and private development experience, his expertise includes site development
design encompassing grading, erosion and sediment control, drainage studies,
utilities, storm and sanitary sewers, water systems, and zoning consultation. In
addition to civil engineering design, he has consulted clients on zoning, rezoning,
and variances, and served as an intermediary between clients and government
agencies relative to permits and design.
Relevant Experience
Hardy Recreation Center and Fields - Washington, DC - DC DGS
Project Manager/Civil Engineer for redevelopment of Hardy Recreation Center
that involved layout and drainage design for natural turf athletic field, french drain
design and calculations for detention storage, stormwater management design
including bioretentions, playground grading and drainage design in areas of critical
root zones for mature trees, pipe sizing calculations for storm drainage, site grading
for ADA compliance, grading and water supply design for a community garden.
erosion and sediment control plans, and associated construction administration
(submittals, RFIs, site visits).
Arboretum Community Center Renovation and New Building -
Washington, DC - DC DGS
Civil Engineer for civil engineering services for the redevelopment of the Arboretum
Community Center for DC DPR/DGS including renovation of the existing community
center and construction of a new community center building, green house, fitness
area, stormwater management (green roof, bioretention, and permeable pavement),
site grading, erosion and sediment control, playground surface and grading design
in vicinity of critical tree root zones, upgraded and new wet utilities. The design
includes an amphitheater with integrated tiered bioretentions and a functional
and aesthetically intriguing stormwater management feature. The playgrounds and
walkways were designed to be ADA-compliant throughout.
Petworth Playground Renovation - Washington, DC - DC DGS
Civil Project Manager for civil engineering services associated with the renovation
of the existing Petworth Playground. The new playground equipment / layout
incorporates a nature inspired theme and improves sight lines between the
2-5-year-old and 5-12-year-old playground areas. The project also includes a new
splash pad with nature inspired theme, renovation of the grassy lawn area, and
basketball court amenities. Site furnishings include seating, picnic tables, lighting,
updated wooden stage, and shade canopies. Services included civil engineering,
ADA upgrades, landscape architecture, topographic survey, utility coordination,
stormwater management, dry utility engineering, and construction phase services.
Oxon Run Park Outdoor Fitness Center - Washington, DC - DC DGS
Civil Engineer for the construction of a new outdoor fitness center. AMT’s services
included civil engineering, stormwater management design, landscape architecture,
and surveying services for site improvements including turf field services, athletic
courts, walking path, water fountain, hose bib, standard DPR signage and site
furnishings, and a perimeter security fence with solar lighting.
Van Ness Tennis Courts Renovation - Washington, DC - University of the
District of Columbia
Project Engineer for civil engineering services associated with the renovation of
five (5) tennis courts at University of District of Columbia, Van Ness campus,
including grading and erosion and sediment control, horizontal layout, surface
design, recreational elements, and fencing.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
6
Education
BLA, 2008, Landscape
Architecture, University of
Maryland
Registrations
Registered Landscape
Architect: MD
ISA Certified Arborist
Years Experience
23
Current Workload
Over Next Two Years
FY2024 - 55%
FY2025 - 40%
MARY MARCINKO, RLA
Landscape Architect
Ms. Marcinko is a landscape designer and arborist with 23 years of experience
including site assessment and analysis, urban planning and landscape design
for recreation facilities, athletic fields, parks, green roofs, garden beds, schools,
children’s learning gardens, urban plazas, public courtyards, demonstration
gardens, streetscapes, community planning, green infrastructure, and building
related landscape design. Ms. Marcinko specializes in recreational facilities and
K-12 school campuses in the District. She has participated in community outreach
meetings, prepared planning studies, design and construction documents, and
routinely coordinates with District of Columbia agencies such as DOB, DOEE,
DCHPO, DDOT, and UFA regarding permitting.
Relevant Experience
Petworth Recreation Center Site Renovation - Washington, DC - DC DGS
Landscape Architect for the renovation of the recreation center and associated
site and stormwater improvements for the 1-acre site. The project included new
playground and splash pad, teen play area, basketball court, site furnishings, shade
canopies, walkways, ADA upgrades, multiple stormwater management facilities,
and site landscaping.
Woody Ward (formerly Benning Park) Recreation Center Renovation -
Washington, DC - DC DGS
Landscape Architect for the renovation of the community center and associated site
and stormwater improvements. The project included extensive interior renovations,
including IT and mechanical systems. Landscape and site improvements included
parking lot and baseball field renovation, parking lot landscaping, front plaza / ADA
improvements, ADA upgrades, and bioretention planting.
Arboretum Community Center Renovation and New Building -
Washington, DC - DC DGS
Landscape Architect responsible for landscape design services for the
redevelopment of the Arboretum Community Center for DC DPR/DGS, including
renovation of the existing community center and construction of a new community
center building, green house, gardens, overall project landscaping, stormwater
management systems, biofiltration areas, main entrance upgrades, fencing,
site furnishings, amenities, signage, and coordination of arborist services / tree
protection measures. Prepared presentation materials for the Commission of Fine
Arts and National Capital Planning Commission.
Palisades Community Center Play Area Renovation - Washington, DC -
DC DGS
Landscape Architect for the Palisades Community Center Play Area renovation,
including a Native-American themed play area, basketball courts, ADA access,
spray park, community gardens, skate park, exercise equipment, and picnic shelter.
The project was one of the first to open under the Play DC playground improvement
initiative. AMT coordinated arborist services for large mature trees, developed
landscape plans, and provided construction administration for this extremely fast-
tracked project.
Hardy Recreation Center - Washington, DC - DC DGS
Landscape Architect for the addition and renovation of the Hardy Recreation Center
including a new playground, splash pad, athletic field and walkways / fitness trail.
The approximately 230,000 SF park renovation included green infrastructure,
extensive playgrounds, community garden area, site furnishings, plaza, pollinator
gardens, new walkways, and protection of mature trees.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

James C. Welch
Project Manager

Mr. Welch has over thirty-five year s of professional experience in the
engineering and construction field. Prio r to joining BEI Mr. Welch worked fo r
several major DC Metro area engineering and architectural firms.

Mr. Welch possesses a strong backg round in residential and commercial
architecture with design prefabrication/construction experience. Mr. Welch has
successfully managed and designed proj ects on a wide variety of building
types, including:

 Multi-family communities  Commercial Offices
 Government buildings  Institutional Facilities
 Educational Facilities  Retail Centers
 Mid-rise Residential Buildings  Parking Garages

In addition, Mr. Welch is the Vice President of Cold Formed Steel Engineering
Division of BEI. With more than 22 years of experience, BEI is one of the very
few structural engineeri ng firms in the Mid- Atlantic region that specializes in
producing structural cold-formed steel (light gage) engineering shop drawings.

Education
Bachelor of Architecture
First Professional Degree

Virginia Polytechnic
Institute and State
University

Organizations
 American Concrete
Institute (ACI)
 American Institute of
Steel Construction (AISC)
 Structural Engineers
Association of
Metropolitan Washington
(SEA-MW)

Years of Experience
42

Current Workload
Over Next Two Years
FY2024 - 40%
FY2025 - 20%

Experience on
Similar Projects
Meets
Prof. Experience >5 yrs
Exceeds
Experience on
Projects of >value
Meets
Relevant Project Experience

 Upshur Park Community Garden, Washington DC
BEI provided design and construction support for a unique community garden
built on the side of a hill for DC DGS and DPR. Work included design of retaining
walls to provided ADA ramps and terraced garden plots. A green roof pavilion is
designed with steel flagpole construction.

 Arboretum Community Center, Washington DC
BEI provided design and co nstruction support for the first Mass Timbe r
recreation center in Washington DC for DC DGS and DPR. Work included design
of solar PV array on the roof of th e mass timber gym and Structural re-
strengthening and renovation of existing community center building,
approximately 1,400 SF and construction of a new recreation center,
approximately 6,900 SF, to include a 1/2 gym, community room and other
amenities.

 Hardy Recreation Center Pavilion – DC - Department of General Services
Design of exterior concrete ramps and stairs and design and coordination o f
foundation for a custom shade structure for DC DGS and DPR

 Temple Rodef Shalom, Washington DC
BEI provided a signed and sealed engineering shop drawing submittal package
for framing for the exterior walls of the renovation and addition. Walls with
parapets, window and door openings, so ffit framing and infill at some eave
overhangs.

 Potomac Falls High School, Potomac Falls, VA
Exterior cold-formed steel framing at the shed roof, canopy and end wall soffit
framing with rafters. BEI prepared a structural cold form submittal package with
layout plans, details, wall sections and calculations.

 Goddard School, North Bethesda, MD
As the light gage specialty engine er, BEI provided a signed and sealed
engineering shop drawing submittal pa ckage for exterior cold-formed steel
framing with layout plans, details, wall sections and calculations.

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Nimo Khadka, PE
Principal Engineer

Mr. Khadka is President and Principal-in-Charge of engineering and design at BEI
Structural Engineers, Inc. He has numerous years of experience in the design and
investigation of various structural and foundation systems, including wood,
concrete, steel, and masonry.

Mr. Khadka has risen with the responsibilities of Project Engineer, Senior
Engineer, Project Manager, and Principal, and now oversees BEI’s entire
engineering activities.

His experience as Principal and Owner has provided him with a keen appreciation
of the necessity to deliver economical designs. This combination of experience
has led Mr. Khadka to be sought by numerous architects, contractors, and
developers who apprecia te his understanding of their needs. In addition, Mr.
Khadka’s expertise keeps him involved with numerous prominent attorneys for
expert witness testimony and litigation assistance.

Education
Bachelor of Science in Civil
Engineering University of
Westminster, London

Registrations
VA / Professional Engineer / 1997
DC / Professional Engineer / 1997
MD / Professional Engineer / 1998
NJ / Professional Engineer / 1999
DE / Professional Engineer / 2000
PA / Professional Engineer / 2009
NY / Professional Engineer / 2009

Organizations
 ACI
 AISC
 Structural Engineers
Association of
Metropolitan Washington
(SEA-MW)
 ASCE
 NCEES

Years of Experience
35

Current Workload
Over Next Two Years
FY2024 - 40%
FY2025 - 20%

Experience on Similar Projects
Meets
Prof. Experience >5 yrs
Exceeds
Experience on Projects of
>value
Meets
Relevant Project Experience

 Upshur Park Community Garden, Washington DC
BEI provided design and construction support for a unique community garden
built on the side of a hill for DC DGS and DPR. Work included design of retaining
walls to provided ADA ramps and terraced garden plots. A green roof pavilion is
designed with steel flagpole construction.

 Arboretum Community Center, Washington DC
BEI provided design and co nstruction support for the first Mass Timbe r
recreation center in Washington DC for DC DGS and DPR. Work included design
of solar PV array on the roof of th e mass timber gym and Structural re-
strengthening and renovation of existing community center building,
approximately 1,400 SF and construction of a new recreation center,
approximately 6,900 SF, to include a 1/2 gym, community room and other
amenities.

 Hardy Recreation Center Pavilion – DC - Department of General Services
Design of exterior concrete ramps and stairs and design and coordination o f
foundation for a custom shade structure for DC DGS and DPR

 Tubman Elementary Outdoor Classroom – DC Department of General Services
A centrally located courtyard designed to include a curriculum garden, outdoor
classroom, and a teaching kitchen. Structural scope involved concrete ramps,
raised garden beds, kitchen space, storage shed and a lightweight steel framed
shade structure with a butterfly roof.

 Emery House Shelter – DC Department of Human Services ("DHS")
The Project includes interior and exterior renovations of a 35,605 SF facility,
along with site and utility upgrades. Structural work included, but not limited to:
 With ISTUDIO and Chiaramonte Construction
 Re-design and coordination of wood framed portico structure
 Large opening on the first floor for reception area – involved shoring design
and installation of steel frame structure
 Design of support/infill of abandoned basement vault structure
 Design of building canopy structure
 Assessment of existing roof structure and installation of new skylights

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
3
Education
M.A.E., Architectural
Engineering,
Pennsylvania State
University
B.A.E., Architectural
Engineering,
Pennsylvania State
University
Registrations
Professional Engineer:
MD (#45564)
LEED Accredited
Professional (LEED AP)
Years Experience
With Engenium: 8
In Industry: 13
Current Workload
Over Next Two Years
FY2024 - 30%
FY2025 - 20%
CALVIN (CAL) DOUGLASS, PE, LEED AP
Partner | Principal-in-Charge
Calvin Douglass is a professional engineer working in the greater Baltimore/
Washington region since 2010. As a Partner and Managing Engineer, Cal serves a
portfolio of clients, manages the Baltimore office, and works with other members
of Engenium Group’s leadership team to develop operations and processes to
achieve strategic initiatives. Calvin’s drive to connect with clients, understand their
needs, and exceed their expectations has played a major role in securing a high
percentage of repeat clientele and establishing Engenium Group’s presence in the
greater Baltimore Area.
Relevant Experience
DGS Kennedy Recreation Center | Washington, DC
Engenium Group is providing mechanical, electrical, and plumbing services to
support the renovation of the 17,000 SF one-story John F Kennedy Recreation
Center. The recreation campus includes the center, baseball field, tennis court,
basketball courts, spray park, playgrounds, and a walking trail. The project is being
designed to achieve LEED Silver certification.
DGS Kingsman Park & Field Upgrades | Washington, DC
Engenium Group is providing mechanical, electrical, and plumbing services to
support the upgrades at the Kingsman Park and Field, which consists of a new
spray park with small play area, and outdoor restrooms for the Department of
Parks and Recreation.
DGS Chevy Chase Community Center | Washington, DC
Modernization of the 32,527 SF community center. The existing building was
demolished down to the structural framing and the new center designed to fit
within the footprint of the existing building. The project implemented the CMAR
delivery method and was designed to achieve LEED Silver certification. MEP
scope included a new HVAC system to serve the community center, new interior
and site lighting, and utility connections for electric service, domestic water, fire
suppression, and natural gas.
DGS JO Wilson Elementary School | Washington, DC
Engenium Group is providing mechanical, electrical, and plumbing engineering
servicecs for the modernization of the 93,000 SF elementary school, consisting of
a combination of renovation as well as construction of a new addition. The project
is being designed to acheive LEED for Schools - Gold principals, Net Zero, and
WELL Gold building certification.
DGS Stead Park Recreation Center | Washington, DC
Engenium Group is providing electrical and plumbing services to support the
$11.25 million addition and renovation of Stead Park Recreation Center in
Washington, DC. The project includes a 15,000 SF addition to the modernized
1,750 SF historic carriage house to provide recreational and community
programming. The project is the first Net Zero community center in D.C.
DGS Wilson Aquatic Center Boiler | Washington, DC
Two (2) existing cast-iron sectional boilers were replaced by (2) new gas-fired
condensing boilers with a combined fuel input of 3,000 cubic feet per hour. The
scope of work included new boiler controls, primary heating water pumps, flues
and flue terminations as well as the extension of power from existing boiler
circuits to the new boilers. The nominal heat output efficiency of the plant
increased from near 80% at project start to over 92% at substantial completion.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
3
Education
B.S., Mechanical
Engineering, Virginia
Polytechnica Institute &
State University
Registrations
Professional Engineer
LEED AP
Years Experience
With Engenium: 6
In Industry: 8
Current Workload
Over Next Two Years
FY2024 - 30%
FY2025 - 20%
Mackenzie Hoover, PE, LEED AP
Senior Mechanical Engineer | Lead Mechanical & Plumbing Engineer
Mackenzie is a Senior Mechanical Engineer with over six years of experience
in the industry. His portfolio includes a variety of projects and market sectors,
ranging from small commercial interior-fit out projects, to large multi-family
renovation projects. His work is focused on mechanical and plumbing design,
with an emphasis on sustainability and finding the right solution for each
project. In addition to project work, he contributes to improving office efficiency
by standardizing design calculations, reccating Revit/AutoCAD familities, and
streamlining Engenium’s processess and procedures.
Relevant Experience
DGS Kennedy Recreation Center | Washington, DC
Engenium Group is providing mechanical, electrical, and plumbing services to
support the renovation of the 17,000 SF one-story John F Kennedy Recreation
Center. The recreation campus includes the center, baseball field, tennis court,
basketball courts, spray park, playgrounds, and a walking trail. The project is being
designed to achieve LEED Silver certification.
DGS John Lewis Elementary School | Washington, DC
New 95,000 SF elementary school for DCPS, designed to achieve NetZero and
LEED Gold Certification. Plumbing and fire protection design includes energy
efficient air-cooled heat pump water heaters, water efficient plumbing fixtures and
variable speed domestic booster pump.
DGS Chevy Chase Community Center | Washington, DC
Modernization of the 32,527 SF community center. The existing building was
demolished down to the structural framing and the new center designed to fit
within the footprint of the existing building. The project implemented the CMAR
delivery method and was designed to achieve LEED Silver certification. MEP
scope included a new HVAC system to serve the community center, new interior
and site lighting, and utility connections for electric service, domestic water, fire
suppression, and natural gas.
DGS Benjamin Banneker High School | Washington, DC
Design of a new 174,000 SF high school for District of Columbia Public Schools.
The school is designed to achieve NetZero and LEED Gold Certification. Plumbing
and fire protection design includes energy efficient condensing water heating
plant, water efficient plumbing fixtures, and fire pump.
DGS JO Wilson Elementary School | Washington, DC
Engenium Group is providing mechanical, electrical, and plumbing engineering
servicecs for the modernization of the 93,000 SF elementary school, consisting of
a combination of renovation as well as construction of a new addition. The project
is being designed to acheive LEED for Schools - Gold principals, Net Zero, and
WELL Gold building certification.
DGS Stead Park Recreation Center | Washington, DC
Engenium Group is providing electrical and plumbing services to support the
$11.25 million addition and renovation of Stead Park Recreation Center in
Washington, DC. The project includes a 15,000 SF addition to the modernized
1,750 SF historic carriage house to provide recreational and community
programming. The project is the first Net Zero community center in D.C.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
44
Education
University of Wisconsin,
Platteville - 1994
Bachelor of Science
Mechanical Engineering
University of Dubuque -
2000
Master of Business
Administration
Registrations
AL, AK, CA, CO, FL, GA,
MI, MD, MN, NH, NC, OH,
SC, TN, VA, WV, WI
Organizations
LEED AP BD+C
Accredited Professional
Years Experience
28
Current Workload
Over Next Two Years
FY2024– 60%
FY2025 – 20%
JEFFREY J. NODORFT, P.E.
Aquatics Consultant
Jeff Nodorft is an award-winning design principal with a wealth of experience in
the planning and design of aquatic facilities. Licensed in 17 states, Jeff has com-
pleted hundreds of swimming pool projects in his professional career. As a LEED
Accredited Professional, Jeff manages the entire project, from the initial concept
design, design management and project leadership throughout the construction
administration process. Jeff’s engineering responsibilities also include the design
of all swimming pool mechanical systems. Jeff’s expertise and understanding of
the aquatic industry provides practical, cost-effective, and effi cient designs, along
with a unique understanding of aquatic programs and their requirements.
Relevant Experience
Hearst Park - Washington, DC
District of Columbia Department of General Services
Design of an outdoor six lane, 25-meter length pool lap pool and an ADA compliant
wading pool with zero-entry area.
Kenilworth - Parkside Recreation Center - Washington, DC
District of Columbia Department of General Services
Design of a 6,400 sq. ft. multi-purpose pool which features a six lane, 25-yard lap
pool with recreation features such as water basketball goals, fl oatables, a zero-
depth pool entry with water spray features, and a sizable learn-to-swim and water
exercise area.
Joy Evans Therapeutic Recreation Center - Washington, DC
District of Columbia Departments of General Services
Design a new recreational facility to include an indoor therapeutic pool of
approximately 1500 sq. ft. with a zero-depth entry, moderate and deep water,
and therapy bars; an indoor spa of approximately 150 sq. ft.; and an outdoor
sprayground of approximately 1,000 sq. ft.
Wharf Development - Washington, DC
Elevated swimming pool approximately 600 sq. ft. on Level 2 within the amenity
area of the planned development. Project is currently in construction.
Hagan-Stone Park Aquatic Center - Pleasant Garden, NC
Guilford County, NC
The new pool replaces a previous aquatic facility at the park increasing the
occupancy load from 60 to 350 patrons. The zero-beach entry pool offers
a gradual slope giving patrons with wheelchairs and walkers access to the
water. This allows the facility to meet needs of the ongoing summer camp for
children with disabilities. New amenities include a 5,250 sq. ft. leisure pool
complete with a waterslide, six lane, 25-yard lap pool, and various children’s
play features.
Holding Park Pool - Wake Forest - NC
Town of Wake Forest NC
New aquatic facility comprised of three bodies of water, including a 3,500 sq.
ft. competition pool, a 780 sq. ft. plunge pool, and a 1,525 sq. ft.
Warwick Pool - Alexandria, VA
City of Alexandria, VA
Design of a new outdoor 4,200 sq. ft. leisure pool with zero depth entry, 25-yard
lap pool, and spray features.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
50
Triman LEED Consulting
Education
B.S. in Civil Engineering,
University of Maryland
Certifi cations
LEED Accredited
Professional (LEED
AP+), US Green Building
Council, 2007
Certifi ed Sustainable
Building Advisor (CSBA),
Sustainable Building
Advisor Institute, 2007
Memberships
Lean Construction
Institute
Years Experience
16
LEED Experience
11 years
Current Workload
Over Next Two Years
FY2021 - 60%
FY2022 - 40%
Daniel L. Triman, LEED AP+, CSBA
LEED Certifi cation Consultant
Mr. Triman is an independent contractor and consultant who has worked with
ISTUDIOs since 2015. He is responsible for overseeing the LEED certifi cation
process. Providing LEED Consulting services for over 10 years, Mr. Triman’s
experience includes certifi cations for over 50 LEED projects to date. He also
authored the majority of the content for the Sustainable Business Network of
Washington’s (SBNOW) Green Business Certifi cation Guide.
Relevant Experience
Rise Academy at the Ruth Rales Campus, Washington
LEED consultant for one of the fi rst LEED Platinum public charter schools in
Washington, DC. Project received LEED Schools Platinum in 2009.
The Blairs Residential Campus, Silver Spring, The Tower Companies
LEED consultant for one of the 1st multiple buildings on a campus LEED EB
GOLD certifi ed projects in the world.
The Blair Towns, Silver Spring, The Tower Companies
LEED consultant for the fi rst LEED EB Platinum building for Multi-Family
Residential in the world.
The National Museum of the American Indian, Washington, Smithsonian
LEED consultant for the fi rst building on the National Mall to achieve LEED
certifi cation. The museum achieved LEED EB v2.0 Silver and was the fi rst
Smithsonian Museum to achieve LEED certi fi cation of any kind.
The Yards development, Washington, Forest City
LEED consultant for one of the 1st ever LEED ND certi fi ed projects in the
world (under the Pilot program). Project achieved LEED ND Gold Stage 2.
LEED Schools Consulting
Studio 27 Architecture (2019-2020)
Skanska USA (2018-2020)
Eagle Academy Public Charter School (2015-2020)
LEED NC Consulting
Indigo Engineering Group (2008-2020)
Cox Graae + Spack, (2014-2020)
The Bernstein Companies (2014-2020)
MCN Build (2012-2020)
Shinberg.Levinas (2011-2020)
TMG Construction (2018-2020)
Blue Skye Construction (2019-2020)
The National Museum of the American Indian, Washington, Smithsonian
LEED consultant for the fi rst building on the National Mall to achieve LEED
certifi cation. The museum achieved LEED EB v2.0 Silver and was the fi rst
Smithsonian Museum to achieve LEED certi fi cation of any kind.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
72
Education
MA in History, Oklahoma
State University, 1995
BA in History, The College
of New Jersey, 1993
Certifi cations
Meets professional
qualifi cations prescribed
by the Secretary of the
Interior (36 CFR 61 -
Appendix A)
Memberships
DC Preservation
League, Association
for Preservation
Technology, Society of
Architectural Historians,
DC DOCOMOMO,
National Trust for
Historic Preservation
Member, Lambda Alpha
International Land
Economics Society
Years Experience
26
Current Workload
Over Next Two Years
FY2024 - 65%
FY2025 - 50%
Eric F. Griffi tts
Historic Resources PM + Lead Historian-Archaeology
Mr. Griffi tts will serve as Project Manager and Lead Historian for archaeological
investigations. Mr. Griffi tts meets the National Park Service requirements (36 CFR
61) as an Architectural Historian and Historian. He provides research, documen-
tation, and consultation services on a wide array of preservation issues including
cultural resources management, preservation planning, architectural surveys, and
preservation designations. He works collaboratively with architects, archaeolo-
gists, developers, engineers, property owners, nonprofi ts, government agencies
and community groups. Mr. Griffi tts has managed archaeological projects conduct-
ed in Virginia, Maryland, and the District of Columbia and has prepared historic
context documents for archaeological reports. Recently, he has managed multiple
archaeological projects at schools and parks located throughout the District.
Recreation + Civic Experience
Arboretum Recreation Center - Washington, DC - DGS/DPR
Project Manager and Architectural Historian | Project description: Project Manager
and Architectural Historian for Design and Build activities at the Arboretum Recreation
Center in Northeast, Washington, D.C. Prepared a Determination of Eligibility (DOE)
of the exiting recreation building constructed in 1968. Also prepared a historic
context for Phase 1A archaeological investigation for modernization improvements
to the Capital Hill Montessori School in Washington, D.C. Oversaw the archaeology
component for the project, conducted historical research, and prepared the historic
context for the archaeology report. Also attended management meetings involving
project coordination. 2019.
Hardy Recreation Center - Washington, DC - DGS/DPR
Project Manager and Lead Historian | Project description: Project Manager and
Historian for a Phase IA archaeological investigation of the Hardy Recreation Center
in Washington, D.C. Oversaw the archaeological investigation and conducted
research and develop a historic context for the study. Also attended management
meetings involving project coordination and facilitated the development of the
management summary presented to the District of Columbia Historic Preservation
Offi ce. 2019
Congress Heights Recreation Center - Washington, DC - DGS/DPR
Project Manager and Lead Historian | Project description: Oversaw completion of
project scope on schedule and budget and coordinated project activities. Oversaw
efforts to develop a conduct research and develop a historic context for the study.
Also attended management meetings involving project coordination and facilitated
the development of the management summary presented to the District of Columbia
Historic Preservation Offi ce. 2020
Fort Lincoln Recreation Center - Washington, DC - DGS/DPR
Project Manager and Lead Historian| Project description: Project Manager for the
Phase IA archaeological investigation as part of facility improvements for the Fort
Lincoln Recreation Center in Washington, D.C. Oversaw efforts to develop a conduct
research and develop a historic context forthe study. Also attended management
meetings involving project coordination and facilitated the development of the
archaeological management summary presented to the District of Columbia
Historic Preservation Offi ce. 2020
Edgewood Recreation Center - Washington, DC - DGS/DPR
Project Manager and Lead Historian | Project description: Project Manager and
Historian for a Phase IA archaeological investigation. Oversaw completion of project
scope on schedule and budget and coordinated project activities. Conducted
historical research and prepared historic contexts for draft and fi nal archaeological
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
3
Education
Masters of Engineering,
2010, Geotechnical
Engineering, Rensselaer
Polytechnic Institute,
Troy, NY
Bachelor of Science,
2010, Civil Engineering,
Rensselaer Polytechnic
Institute, Troy, NY
Registrations
Professional Engineer:
NY# 093359, DC#
909054
Organizations
ECS Mid-Atlantic, LLC
Years Experience
13
Current Workload
Over Next Two Years
FY2023 - 25%
FY2024 - 25%
DANIEL SPIELVOGEL
Senior Geotechnical Engineer
Mr. Spielvogel is an Associate Principal and the Geotechnical Department
Manager for ECS Mid-Atlantic, LLC. He is responsible for performing and managing
geotechnical and construction observation and materials testing projects. Mr.
Spielvogel provides geotechnical consultation for projects, including subsurface
explorations, foundation analysis (deep and shallow), dewatering design, underslab
drainage design and pavement design. He also serves as the project engineer for
all geotechnical services performed.
Relevant Experience
Edgewood Recreation Center - Washington, DC - Macris Hendricks &
Glascock
The project required overseeing the subsurface exploration and geotechnical
engineering services related to the project that consists of several new stormwater
management areas (proposed to be infiltration facilities). As part of the exploration,
ECS performed a series of soil borings and in-situ infiltration testing to explore the
potential for use of these facilities. Additionally, completed laboratory testing on
a series of samples obtained during the exploration and provided an engineering
analysis and report prepared for the project.
Kenilworth Recreation Center - Washington, DC - Bell Architects, PC
The project site included a proposed gym and pool where ECS oversaw the
subsurface exploration and geotechnical engineering services. The exploration
included traditional soil borings for the proposed school building, parking areas,
recreational fields and stormwater management facilities (bioretention facilities). In
addition to the traditional geotechnical borings, a series of in-situ infiltration tests
were performed in the area of the proposed stormwater management facilities. ECS
completed a series of laboratory testing and analyses that was included in a report
and used by the project team during the design and budgeting phases.
St. Elizabeth’s Sports and Entertainment Complex, Washington, DC -
Rossetti
The ESA is a new 125,000 square foot sports arena facility containing a basketball
court and stadium acting as the practice facility for the Washington Wizards and
a new facility for the Washington Mystics. As the Senior Project Engineer, Mr.
Spielvogel oversaw the geotechnical services including a subsurface exploration
and prepared a geotechnical engineering analysis, laboratory testing program,
underslab drainage design, and the preparation of a geotechnical engineering
report. Additionally, Mr. Spielvogel acted as the project engineer and oversaw
the construction observation and material testing services, third party inspection
services, building envelope inspection services, and fireproofing testing services.
Fort DuPont Ice Arena - Washington, DC - Quinn Evans Architects
This extensive project included the construction of a new ice arena and the
installation of several new stormwater management areas (proposed to be
infiltration facilities). Mr. Spielvogel was responsible for overseeing the subsurface
exploration and geotechnical engineering services related to the project. As part of
the exploration, we performed a series of soil borings and in-situ infiltration testing
to explore the potential for use of these facilities. Completed laboratory testing on
a series of samples obtained during the exploration and provided the results as
geotechnical recommendations.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
47
Education
B.S., Applied Science,
Civil Engineering,
University of Waterloo,
Waterloo, ON
Registrations
VA 0402036930
MD 35012
DC PE906854 (Civil)
PA PE080390
GA PE037534
MA 53580
NY 099173
FL 91527
Organizations
USGBC
NIBS
ASHRAE
Years Experience
25
Current Workload
Over Next Two Years
FY2024 - 70%
FY2025 - 70%
PAUL TOTTEN, PE, LEED AP
Building Enclosure Consultant
Mr. Totten has worked throughout the United States on a wide range of building
enclosure and building science problems and on numerous building enclosure
commissioning projects, providing viable alternatives and solutions to many
types of projects. He uses his extensive experience in forensic evaluation and
building science to develop higher performance solutions for clients on existing
building retrofi ts, and in evaluating new designs. He works closely with clients to
understand their project needs, and then works through the effi cient and best
paths to lead to an appropriate outcome.
Schools & Recreation Centers
Marvin Gaye Recreation Center- Washington, DC – ISTUDIO Architects
Scale: 8,500 sf
The Marvin Gaye Recreation Center, located on the corner of Banks Place NE and
61 Street NE in Washington, DC, is an 8,500 SF recreation center near the Capitol
Heights metro station. The south facade incorporates a perforated metal screen to
control the solar gains in an effort to achieve a LEED Gold rating.
Our role with the team was to provide one design review for building enclosure
systems and to evaluate durability, and detailing of interfaces. WSP also
examined heat, air, and moisture transfer considerations for the building
enclosure systems and materials.
Powell Elementary School – Washington, DC – ISTUDIO Architects
Scale: 81,000 sf
WSP provided building enclosure consulting services to IStudio for this addition
and renovation in Washington, DC including design review work. We also provided
some site visits to review key interfaces, including guidance to the contractor or
means for corrections for work that was not aligned.
KIPP DC, Washington, DC – STUDIOS Architecture
Scale: 126,500 sf
WSP provided building enclosure consulting services during the design phase
and provided building enclosure consulting services for KIPP DC during the
construction phase with Whiting-Turner as the contractor.
MacFarland School, Washington, DC - STUDIOS Architecture
Scale: 130,000 sf
WSP provided building enclosure consulting and commissioning services for the
revitalization of MacFarland Middle School in Washington, DC. The current school
building is a 130,000 sf three-story structure clad in brick masonry with punched
window openings.
Jeff erson School, Washington, DC - STUDIOS Architecture
Scale: 115,000 sf
Our consulting scope includes review of interior plaster walls at and adjacent to
the auditorium noting any concerns with observed damage, completing a forensic
investigation and water infi ltration testing, and preparing a memo summarizing
the fi ndings and recommending the approach for plaster repairs. In addition,
we consulted on masonry repairs and all other building enclosure upgrades and
systems being replaced, including roofi ng.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit G1
Davis Bacon Wage Determination

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 1/9
"General Decision Number: DC20250002 02/21/2025
Superseded General Decision Number: DC20240002
State: District of Columbia
Construction Type: Building
County: District of Columbia Statewide.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or 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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 2/9
2 01/24/2025
3 02/14/2025
4 02/21/2025
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 40.77 20.17+a
Includes the application of all insulating materials,
protective coverings, coatings and finishes to all types of
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.
----------------------------------------------------------------
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.
----------------------------------------------------------------
ASBE0024-014 10/01/2024
Rates Fringes
FIRESTOPPER......................$ 30.21 10.43+a
Includes the application of materials or devices within or
around penetrations and openings in all rated wall or floor
assemblies, in order to prevent the pasage of fire, smoke
of other gases. The application includes all components
involved in creating the rated barrier at perimeter slab
edges and exterior cavities, the head of gypsum board or
concrete walls, joints between rated wall or floor
components, sealing of penetrating items and blank openings.
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.
----------------------------------------------------------------
BRDC0001-002 04/28/2024
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 3/9
Rates Fringes
BRICKLAYER.......................$ 37.50 14.38
----------------------------------------------------------------
CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
----------------------------------------------------------------
CARP0219-001 05/01/2024
Rates Fringes
MILLWRIGHT.......................$ 38.61 16.89
----------------------------------------------------------------
CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
----------------------------------------------------------------
ELEC0026-016 06/05/2023
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 53.00 21.35
----------------------------------------------------------------
ELEC0026-017 09/02/2024
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 32.60 12.92
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or wherever
the fire alarm system is installed in conduit. All HVAC
control work.
----------------------------------------------------------------
ELEV0010-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 57.16 38.435+a+b
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 4/9
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.
----------------------------------------------------------------
IRON0005-005 06/01/2024
Rates Fringes
IRONWORKER, STRUCTURAL AND
ORNAMENTAL.......................$ 37.86 25.86
----------------------------------------------------------------
IRON0005-012 05/01/2024
Rates Fringes
IRONWORKER, REINFORCING..........$ 31.88 23.78
----------------------------------------------------------------
* LABO0011-009 06/01/2024
Rates Fringes
LABORER: Skilled................$ 29.66 8.29
FOOTNOTE: Potmen, power tool operator, small machine
operator, signalmen, laser beam operator, waterproofer
(excluding roofing), open caisson, test pit, underpinning,
pier hole and ditches, laggers and all work associated with
lagging that is not expressly stated, strippers, operator
of hand derricks, vibrator operators, pipe layers, or tile
layers, operators of jackhammers, paving breakers, spaders
or any machine that does the same general type of work,
carpenter tenders, scaffold builders, operators of
towmasters, scootcretes, buggymobiles and other machines of
similar character, operators of tampers and rammers and
other machines that do the same general type of work,
whether powered by air, electric or gasoline, builders of
trestle scaffolds over one tier high and sand blasters,
power and chain saw operators used in clearing, installers
of well points, wagon drill operators, acetylene burners
and licensed powdermen, stake jumper,demolition.
----------------------------------------------------------------
MARB0002-004 04/28/2024
Rates Fringes
MARBLE/STONE MASON...............$ 44.30 20.92
INCLUDING pointing, caulking and cleaning of All types of
masonry, brick, stone and cement EXCEPT pointing, caulking,
cleaning of existing masonry, brick, stone and cement
(restoration work)
----------------------------------------------------------------
MARB0003-006 04/28/2024
Rates Fringes
TERRAZZO WORKER/SETTER...........$ 33.41 13.94
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 5/9
----------------------------------------------------------------
MARB0003-007 04/28/2024
Rates Fringes
TERRAZZO FINISHER................$ 28.09 12.29
----------------------------------------------------------------
MARB0003-008 04/28/2024
Rates Fringes
TILE SETTER......................$ 33.41 13.94
----------------------------------------------------------------
MARB0003-009 04/28/2024
Rates Fringes
TILE FINISHER....................$ 28.09 12.29
----------------------------------------------------------------
PAIN0051-014 06/01/2023
Rates Fringes
GLAZIER
Glazing Contracts $2
million and under...........$ 30.52 13.85
Glazing Contracts over $2
million.....................$ 34.76 13.85
----------------------------------------------------------------
PAIN0051-015 06/01/2023
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher............$ 27.46 11.56
----------------------------------------------------------------
PLAS0891-005 07/01/2023
Rates Fringes
PLASTERER (Including
Fireproofing)....................$ 31.83 8.96
----------------------------------------------------------------
PLAS0891-006 02/01/2024
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 30.25 13.60
----------------------------------------------------------------
PLUM0005-010 08/01/2024
Rates Fringes
PLUMBER..........................$ 51.25 22.46+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.
----------------------------------------------------------------
PLUM0602-008 08/01/2024
Rates Fringes
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 6/9
PIPEFITTER, Includes 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.
----------------------------------------------------------------
ROOF0030-016 07/01/2024
Rates Fringes
ROOFER...........................$ 34.76 14.91
----------------------------------------------------------------
SFDC0669-002 01/01/2025
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 42.32 26.39
----------------------------------------------------------------
SHEE0100-015 11/01/2023
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 47.92 22.72+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day
----------------------------------------------------------------
* SUDC2009-003 05/19/2009
Rates Fringes
LABORER: Common or General......$ 13.04 ** 2.80

LABORER: Mason Tender -
Cement/Concrete..................$ 15.40 ** 2.85

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.................$ 11.67 **

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...........................$ 18.88
----------------------------------------------------------------
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 7/9
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
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.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 8/9
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
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:
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
4/7/25, 1:28 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/4 9/9
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
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"

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Exhibit G2
T
itle 29 Code of Federal Regulation (CFR) part 5.5
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
122
29 CFR Subtitle A (7–1–24 Edition) §§ 5.3–5.4
Wages. The term ‘‘wages’’ means the
basic hourly rate of pay; any contribu-
tion irrevocably made by a contractor
or subcontractor to a trustee or to a
third person pursuant to a bona fide
fringe benefit fund, plan, or program;
and the rate of costs to the contractor
or subcontractor which may be reason-
ably anticipated in providing bona fide
fringe benefits to laborers and mechan-
ics pursuant to an enforceable commit-
ment to carry out a financially respon-
sible plan or program, which was com-
municated in writing to the laborers
and mechanics affected. The fringe
benefits enumerated in the Davis-
Bacon Act include medical or hospital
care, pensions on retirement or death,
compensation for injuries or illness re-
sulting from occupational activity, or
insurance to provide any of the fore-
going; unemployment benefits; life in-
surance, disability insurance, sickness
insurance, or accident insurance; vaca-
tion or holiday pay; defraying costs of
apprenticeship or other similar pro-
grams; or other bona fide fringe bene-
fits. Fringe benefits do not include ben-
efits required by other Federal, State,
or local law.
Wage determination. The term ‘‘wage
determination’’ includes the original
decision and any subsequent decisions
revising, modifying, superseding, cor-
recting, or otherwise changing the pro-
visions of the original decision. The ap-
plication of the wage determination
must be in accordance with the provi-
sions of § 1.6 of this subtitle.
[88 FR 57731, Aug. 23, 2023]
§§ 5.3–5.4 [Reserved]
§ 5.5 Contract provisions and related
matters.
(a) Required contract clauses. The
Agency head will cause or require the
contracting officer to require the con-
tracting officer to insert in full, or (for
contracts covered by the Federal Ac-
quisition Regulation (48 CFR chapter
1)) by reference, in any contract in ex-
cess of $2,000 which is entered into for
the actual construction, alteration
and/or repair, including painting and
decorating, of a public building or pub-
lic work, or building or work financed
in whole or in part from Federal funds
or in accordance with guarantees of a
Federal agency or financed from funds
obtained by pledge of any contract of a
Federal agency to make a loan, grant
or annual contribution (except where a
different meaning is expressly indi-
cated), and which is subject to the
labor standards provisions of any of the
laws referenced by § 5.1, the following
clauses (or any modifications thereof
to meet the particular needs of the
agency, Provided, That such modifica-
tions are first approved by the Depart-
ment of Labor):
(1) Minimum wages—(i) Wage rates and
fringe benefits. All laborers and mechan-
ics employed or working upon the site
of the work (or otherwise working in
construction or development of the
project under a development statute),
will be paid unconditionally and not
less often than once a week, and with-
out subsequent deduction or rebate on
any account (except such payroll de-
ductions as are permitted by regula-
tions issued by the Secretary of Labor
under the Copeland Act (29 CFR part
3)), the full amount of basic hourly
wages and bona fide fringe benefits (or
cash equivalents thereof) due at time
of payment computed at rates not less
than those contained in the wage de-
termination of the Secretary of Labor
which is attached hereto and made a
part hereof, regardless of any contrac-
tual relationship which may be alleged
to exist between the contractor and
such laborers and mechanics. As pro-
vided in paragraphs (d) and (e) of this
section, the appropriate wage deter-
minations are effective by operation of
law even if they have not been at-
tached to the contract. Contributions
made or costs reasonably anticipated
for bona fide fringe benefits under the
Davis-Bacon Act (40 U.S.C. 3141(2)(B))
on behalf of laborers or mechanics are
considered wages paid to such laborers
or mechanics, subject to the provisions
of paragraph (a)(1)(v) of this section;
also, regular contributions made or
costs incurred for more than a weekly
period (but not less often than quar-
terly) under plans, funds, or programs
which cover the particular weekly pe-
riod, are deemed to be constructively
made or incurred during such weekly
period. Such laborers and mechanics
must be paid the appropriate wage rate
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Office of the Secretary of Labor § 5.5
and fringe benefits on the wage deter-
mination for the classification(s) of
work actually performed, without re-
gard to skill, except as provided in
paragraph (a)(4) of this section. Labor-
ers or mechanics performing work in
more than one classification may be
compensated at the rate specified for
each classification for the time actu-
ally worked therein: Provided, That the
employer’s payroll records accurately
set forth the time spent in each classi-
fication in which work is performed.
The wage determination (including any
additional classifications and wage
rates conformed under paragraph
(a)(1)(iii) of this section) and the Davis-
Bacon poster (WH–1321) must be posted
at all times by the contractor and its
subcontractors at the site of the work
in a prominent and accessible place
where it can be easily seen by the
workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe ben-
efit rates that have been determined to
be prevailing under the procedures set
forth in 29 CFR part 1, a wage deter-
mination may contain, pursuant to
§ 1.3(f), wage and fringe benefit rates for
classifications of laborers and mechan-
ics for which conformance requests are
regularly submitted pursuant to para-
graph (a)(1)(iii) of this section, pro-
vided that:
(1) The work performed by the classi-
fication is not performed by a classi-
fication in the wage determination for
which a prevailing wage rate has been
determined;
(2) The classification is used in the
area by the construction industry; and
(3) The wage rate for the classifica-
tion bears a reasonable relationship to
the prevailing wage rates contained in
the wage determination.
(B) The Administrator will establish
wage rates for such classifications in
accordance with paragraph
(a)(1)(iii)(A)(3) of this section. Work
performed in such a classification must
be paid at no less than the wage and
fringe benefit rate listed on the wage
determination for such classification.
(iii) Conformance. (A) The contracting
officer must require that any class of
laborers or mechanics, including help-
ers, which is not listed in the wage de-
termination and which is to be em-
ployed under the contract be classified
in conformance with the wage deter-
mination. Conformance of an addi-
tional classification and wage rate and
fringe benefits is appropriate only
when the following criteria have been
met:
(1) The work to be performed by the
classification requested is not per-
formed by a classification in the wage
determination; and
(2) The classification is used in the
area by the construction industry; and
(3) The proposed wage rate, including
any bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage determina-
tion.
(B) The conformance process may not
be used to split, subdivide, or otherwise
avoid application of classifications list-
ed in the wage determination.
(C) If the contractor and the laborers
and mechanics to be employed in the
classification (if known), or their rep-
resentatives, and the contracting offi-
cer agree on the classification and
wage rate (including the amount des-
ignated for fringe benefits where appro-
priate), a report of the action taken
will be sent by the contracting officer
by email to DBAconformance@dol.gov.
The Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classifica-
tion action within 30 days of receipt
and so advise the contracting officer or
will notify the contracting officer
within the 30–day period that addi-
tional time is necessary.
(D) In the event the contractor, the
laborers or mechanics to be employed
in the classification or their represent-
atives, and the contracting officer do
not agree on the proposed classifica-
tion and wage rate (including the
amount designated for fringe benefits,
where appropriate), the contracting of-
ficer will, by email to
DBAconformance@dol.gov, refer the
questions, including the views of all in-
terested parties and the recommenda-
tion of the contracting officer, to the
Administrator for determination. The
Administrator, or an authorized rep-
resentative, will issue a determination
within 30 days of receipt and so advise
the contracting officer or will notify
the contracting officer within the 30–
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29 CFR Subtitle A (7–1–24 Edition) § 5.5
day period that additional time is nec-
essary.
(E) The contracting officer must
promptly notify the contractor of the
action taken by the Wage and Hour Di-
vision under paragraphs (a)(1)(iii)(C)
and (D) of this section. The contractor
must furnish a written copy of such de-
termination to each affected worker or
it must be posted as a part of the wage
determination. The wage rate (includ-
ing fringe benefits where appropriate)
determined pursuant to paragraph
(a)(1)(iii)(C) or (D) of this section must
be paid to all workers performing work
in the classification under this con-
tract from the first day on which work
is performed in the classification.
(iv) Fringe benefits not expressed as an
hourly rate. Whenever the minimum
wage rate prescribed in the contract
for a class of laborers or mechanics in-
cludes a fringe benefit which is not ex-
pressed as an hourly rate, the con-
tractor may either pay the benefit as
stated in the wage determination or
may pay another bona fide fringe ben-
efit or an hourly cash equivalent there-
of.
(v) Unfunded plans. If the contractor
does not make payments to a trustee
or other third person, the contractor
may consider as part of the wages of
any laborer or mechanic the amount of
any costs reasonably anticipated in
providing bona fide fringe benefits
under a plan or program, Provided,
That the Secretary of Labor has found,
upon the written request of the con-
tractor, in accordance with the criteria
set forth in § 5.28, that the applicable
standards of the Davis-Bacon Act have
been met. The Secretary of Labor may
require the contractor to set aside in a
separate account assets for the meet-
ing of obligations under the plan or
program.
(vi) Interest. In the event of a failure
to pay all or part of the wages required
by the contract, the contractor will be
required to pay interest on any under-
payment of wages.
(2) Withholding—(i) Withholding re-
quirements. The [write in name of Fed-
eral agency or the recipient of Federal
assistance] may, upon its own action,
or must, upon written request of an au-
thorized representative of the Depart-
ment of Labor, withhold or cause to be
withheld from the contractor so much
of the accrued payments or advances as
may be considered necessary to satisfy
the liabilities of the prime contractor
or any subcontractor for the full
amount of wages and monetary relief,
including interest, required by the
clauses set forth in paragraph (a) of
this section for violations of this con-
tract, or to satisfy any such liabilities
required by any other Federal con-
tract, or federally assisted contract
subject to Davis-Bacon labor stand-
ards, that is held by the same prime
contractor (as defined in § 5.2). The nec-
essary funds may be withheld from the
contractor under this contract, any
other Federal contract with the same
prime contractor, or any other feder-
ally assisted contract that is subject to
Davis-Bacon labor standards require-
ments and is held by the same prime
contractor, regardless of whether the
other contract was awarded or assisted
by the same agency, and such funds
may be used to satisfy the contractor
liability for which the funds were with-
held. In the event of a contractor’s fail-
ure to pay any laborer or mechanic, in-
cluding any apprentice or helper work-
ing on the site of the work (or other-
wise working in construction or devel-
opment of the project under a develop-
ment statute) all or part of the wages
required by the contract, or upon the
contractor’s failure to submit the re-
quired records as discussed in para-
graph (a)(3)(iv) of this section, the
[Agency] may on its own initiative and
after written notice to the contractor,
sponsor, applicant, owner, or other en-
tity, as the case may be, take such ac-
tion as may be necessary to cause the
suspension of any further payment, ad-
vance, or guarantee of funds until such
violations have ceased.
(ii) Priority to withheld funds. The De-
partment has priority to funds with-
held or to be withheld in accordance
with paragraph (a)(2)(i) or (b)(3)(i) of
this section, or both, over claims to
those funds by:
(A) A contractor’s surety(ies), includ-
ing without limitation performance
bond sureties and payment bond sure-
ties;
(B) A contracting agency for its re-
procurement costs;
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Office of the Secretary of Labor § 5.5
(C) A trustee(s) (either a court-ap-
pointed trustee or a U.S. trustee, or
both) in bankruptcy of a contractor, or
a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the
Prompt Payment Act, 31 U.S.C. 3901–
3907.
(3) Records and certified payrolls —(i)
Basic record requirements —(A) Length of
record retention. All regular payrolls
and other basic records must be main-
tained by the contractor and any sub-
contractor during the course of the
work and preserved for all laborers and
mechanics working at the site of the
work (or otherwise working in con-
struction or development of the project
under a development statute) for a pe-
riod of at least 3 years after all the
work on the prime contract is com-
pleted.
(B) Information required. Such records
must contain the name; Social Secu-
rity number; last known address, tele-
phone number, and email address of
each such worker; each worker’s cor-
rect classification(s) of work actually
performed; hourly rates of wages paid
(including rates of contributions or
costs anticipated for bona fide fringe
benefits or cash equivalents thereof of
the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act);
daily and weekly number of hours ac-
tually worked in total and on each cov-
ered contract; deductions made; and
actual wages paid.
(C) Additional records relating to fringe
benefits. Whenever the Secretary of
Labor has found under paragraph
(a)(1)(v) of this section that the wages
of any laborer or mechanic include the
amount of any costs reasonably antici-
pated in providing benefits under a
plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the
contractor must maintain records
which show that the commitment to
provide such benefits is enforceable,
that the plan or program is financially
responsible, and that the plan or pro-
gram has been communicated in writ-
ing to the laborers or mechanics af-
fected, and records which show the
costs anticipated or the actual cost in-
curred in providing such benefits.
(D) Additional records relating to ap-
prenticeship. Contractors with appren-
tices working under approved programs
must maintain written evidence of the
registration of apprenticeship pro-
grams, the registration of the appren-
tices, and the ratios and wage rates
prescribed in the applicable programs.
(ii) Certified payroll requirements —(A)
Frequency and method of submission. The
contractor or subcontractor must sub-
mit weekly, for each week in which
any DBA- or Related Acts-covered
work is performed, certified payrolls to
the [write in name of appropriate Fed-
eral agency] if the agency is a party to
the contract, but if the agency is not
such a party, the contractor will sub-
mit the certified payrolls to the appli-
cant, sponsor, owner, or other entity,
as the case may be, that maintains
such records, for transmission to the
[write in name of agency]. The prime
contractor is responsible for the sub-
mission of all certified payrolls by all
subcontractors. A contracting agency
or prime contractor may permit or re-
quire contractors to submit certified
payrolls through an electronic system,
as long as the electronic system re-
quires a legally valid electronic signa-
ture; the system allows the contractor,
the contracting agency, and the De-
partment of Labor to access the cer-
tified payrolls upon request for at least
3 years after the work on the prime
contract has been completed; and the
contracting agency or prime con-
tractor permits other methods of sub-
mission in situations where the con-
tractor is unable or limited in its abil-
ity to use or access the electronic sys-
tem.
(B) Information required. The certified
payrolls submitted must set out accu-
rately and completely all of the infor-
mation required to be maintained
under paragraph (a)(3)(i)(B) of this sec-
tion, except that full Social Security
numbers and last known addresses,
telephone numbers, and email address-
es must not be included on weekly
transmittals. Instead, the certified
payrolls need only include an individ-
ually identifying number for each
worker (e.g., the last four digits of the
worker’s Social Security number). The
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29 CFR Subtitle A (7–1–24 Edition) § 5.5
required weekly certified payroll infor-
mation may be submitted using Op-
tional Form WH–347 or in any other
format desired. Optional Form WH–347
is available for this purpose from the
Wage and Hour Division website at
https://www.dol.gov/sites/dolgov/files/
WHD/legacy/files/wh347/.pdf or its suc-
cessor website. It is not a violation of
this section for a prime contractor to
require a subcontractor to provide full
Social Security numbers and last
known addresses, telephone numbers,
and email addresses to the prime con-
tractor for its own records, without
weekly submission by the subcon-
tractor to the sponsoring government
agency (or the applicant, sponsor,
owner, or other entity, as the case may
be, that maintains such records).
(C) Statement of Compliance. Each cer-
tified payroll submitted must be ac-
companied by a ‘‘Statement of Compli-
ance,’’ signed by the contractor or sub-
contractor, or the contractor’s or sub-
contractor’s agent who pays or super-
vises the payment of the persons work-
ing on the contract, and must certify
the following:
(1) That the certified payroll for the
payroll period contains the informa-
tion required to be provided under
paragraph (a)(3)(ii) of this section, the
appropriate information and basic
records are being maintained under
paragraph (a)(3)(i) of this section, and
such information and records are cor-
rect and complete;
(2) That each laborer or mechanic
(including each helper and apprentice)
working on the contract during the
payroll period has been paid the full
weekly wages earned, without rebate,
either directly or indirectly, and that
no deductions have been made either
directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in 29 CFR part
3; and
(3) That each laborer or mechanic has
been paid not less than the applicable
wage rates and fringe benefits or cash
equivalents for the classification(s) of
work actually performed, as specified
in the applicable wage determination
incorporated into the contract.
(D) Use of Optional Form WH–347. The
weekly submission of a properly exe-
cuted certification set forth on the re-
verse side of Optional Form WH–347
will satisfy the requirement for sub-
mission of the ‘‘Statement of Compli-
ance’’ required by paragraph
(a)(3)(ii)(C) of this section.
(E) Signature. The signature by the
contractor, subcontractor, or the con-
tractor’s or subcontractor’s agent must
be an original handwritten signature or
a legally valid electronic signature.
(F) Falsification. The falsification of
any of the above certifications may
subject the contractor or subcon-
tractor to civil or criminal prosecution
under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(G) Length of certified payroll reten-
tion. The contractor or subcontractor
must preserve all certified payrolls
during the course of the work and for a
period of 3 years after all the work on
the prime contract is completed.
(iii) Contracts, subcontracts, and re-
lated documents. The contractor or sub-
contractor must maintain this con-
tract or subcontract and related docu-
ments including, without limitation,
bids, proposals, amendments, modifica-
tions, and extensions. The contractor
or subcontractor must preserve these
contracts, subcontracts, and related
documents during the course of the
work and for a period of 3 years after
all the work on the prime contract is
completed.
(iv) Required disclosures and access —
(A) Required record disclosures and access
to workers. The contractor or subcon-
tractor must make the records re-
quired under paragraphs (a)(3)(i)
through (iii) of this section, and any
other documents that the [write the
name of the agency] or the Department
of Labor deems necessary to determine
compliance with the labor standards
provisions of any of the applicable stat-
utes referenced by § 5.1, available for
inspection, copying, or transcription
by authorized representatives of the
[write the name of the agency] or the
Department of Labor, and must permit
such representatives to interview
workers during working hours on the
job.
(B) Sanctions for non-compliance with
records and worker access requirements. If
the contractor or subcontractor fails to
submit the required records or to make
them available, or refuses to permit
worker interviews during working
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Office of the Secretary of Labor § 5.5
hours on the job, the Federal agency
may, after written notice to the con-
tractor, sponsor, applicant, owner, or
other entity, as the case may be, that
maintains such records or that em-
ploys such workers, take such action
as may be necessary to cause the sus-
pension of any further payment, ad-
vance, or guarantee of funds. Further-
more, failure to submit the required
records upon request or to make such
records available, or to permit worker
interviews during working hours on the
job, may be grounds for debarment ac-
tion pursuant to § 5.12. In addition, any
contractor or other person that fails to
submit the required records or make
those records available to WHD within
the time WHD requests that the
records be produced will be precluded
from introducing as evidence in an ad-
ministrative proceeding under 29 CFR
part 6 any of the required records that
were not provided or made available to
WHD. WHD will take into consider-
ation a reasonable request from the
contractor or person for an extension
of the time for submission of records.
WHD will determine the reasonableness
of the request and may consider,
among other things, the location of the
records and the volume of production.
(C) Required information disclosures.
Contractors and subcontractors must
maintain the full Social Security num-
ber and last known address, telephone
number, and email address of each cov-
ered worker, and must provide them
upon request to the [write in name of
appropriate Federal agency] if the
agency is a party to the contract, or to
the Wage and Hour Division of the De-
partment of Labor. If the Federal agen-
cy is not such a party to the contract,
the contractor, subcontractor, or both,
must, upon request, provide the full
Social Security number and last known
address, telephone number, and email
address of each covered worker to the
applicant, sponsor, owner, or other en-
tity, as the case may be, that main-
tains such records, for transmission to
the [write in name of agency], the con-
tractor, or the Wage and Hour Division
of the Department of Labor for pur-
poses of an investigation or other com-
pliance action.
(4) Apprentices and equal employment
opportunity—(i) Apprentices—(A) Rate of
pay. Apprentices will be permitted to
work at less than the predetermined
rate for the work they perform when
they are employed pursuant to and in-
dividually registered in a bona fide ap-
prenticeship program registered with
the U.S. Department of Labor, Employ-
ment and Training Administration, Of-
fice of Apprenticeship (OA), or with a
State Apprenticeship Agency recog-
nized by the OA. A person who is not
individually registered in the program,
but who has been certified by the OA or
a State Apprenticeship Agency (where
appropriate) to be eligible for proba-
tionary employment as an apprentice,
will be permitted to work at less than
the predetermined rate for the work
they perform in the first 90 days of pro-
bationary employment as an appren-
tice in such a program. In the event
the OA or a State Apprenticeship
Agency recognized by the OA with-
draws approval of an apprenticeship
program, the contractor will no longer
be permitted to use apprentices at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(B) Fringe benefits. Apprentices must
be paid fringe benefits in accordance
with the provisions of the apprentice-
ship program. If the apprenticeship
program does not specify fringe bene-
fits, apprentices must be paid the full
amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator de-
termines that a different practice pre-
vails for the applicable apprentice clas-
sification, fringe benefits must be paid
in accordance with that determination.
(C) Apprenticeship ratio. The allowable
ratio of apprentices to journeyworkers
on the job site in any craft classifica-
tion must not be greater than the ratio
permitted to the contractor as to the
entire work force under the registered
program or the ratio applicable to the
locality of the project pursuant to
paragraph (a)(4)(i)(D) of this section.
Any worker listed on a payroll at an
apprentice wage rate, who is not reg-
istered or otherwise employed as stated
in paragraph (a)(4)(i)(A) of this section,
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29 CFR Subtitle A (7–1–24 Edition) § 5.5
must be paid not less than the applica-
ble wage rate on the wage determina-
tion for the classification of work actu-
ally performed. In addition, any ap-
prentice performing work on the job
site in excess of the ratio permitted
under this section must be paid not
less than the applicable wage rate on
the wage determination for the work
actually performed.
(D) Reciprocity of ratios and wage
rates. Where a contractor is performing
construction on a project in a locality
other than the locality in which its
program is registered, the ratios and
wage rates (expressed in percentages of
the journeyworker’s hourly rate) appli-
cable within the locality in which the
construction is being performed must
be observed. If there is no applicable
ratio or wage rate for the locality of
the project, the ratio and wage rate
specified in the contractor’s registered
program must be observed.
(ii) Equal employment opportunity. The
use of apprentices and journeyworkers
under this part must be in conformity
with the equal employment oppor-
tunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act re-
quirements. The contractor shall com-
ply with the requirements of 29 CFR
part 3, which are incorporated by ref-
erence in this contract.
(6) Subcontracts. The contractor or
subcontractor must insert in any sub-
contracts the clauses contained in
paragraphs (a)(1) through (11) of this
section, along with the applicable wage
determination(s) and such other
clauses or contract modifications as
the [write in the name of the Federal
agency] may by appropriate instruc-
tions require, and a clause requiring
the subcontractors to include these
clauses and wage determination(s) in
any lower tier subcontracts. The prime
contractor is responsible for the com-
pliance by any subcontractor or lower
tier subcontractor with all the con-
tract clauses in this section. In the
event of any violations of these
clauses, the prime contractor and any
subcontractor(s) responsible will be lia-
ble for any unpaid wages and monetary
relief, including interest from the date
of the underpayment or loss, due to
any workers of lower-tier subcontrac-
tors, and may be subject to debarment,
as appropriate.
(7) Contract termination: debarment. A
breach of the contract clauses in 29
CFR 5.5 may be grounds for termi-
nation of the contract, and for debar-
ment as a contractor and a subcon-
tractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts
1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards.
Disputes arising out of the labor stand-
ards provisions of this contract shall
not be subject to the general disputes
clause of this contract. Such disputes
shall be resolved in accordance with
the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of
this clause include disputes between
the contractor (or any of its sub-
contractors) and the contracting agen-
cy, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility. (i) By
entering into this contract, the con-
tractor certifies that neither it nor any
person or firm who has an interest in
the contractor’s firm is a person or
firm ineligible to be awarded Govern-
ment contracts by virtue of 40 U.S.C.
3144(b) or § 5.12(a).
(ii) No part of this contract shall be
subcontracted to any person or firm in-
eligible for award of a Government
contract by virtue of 40 U.S.C. 3144(b)
or § 5.12(a).
(iii) The penalty for making false
statements is prescribed in the U.S.
Code, Title 18 Crimes and Criminal
Procedure, 18 U.S.C. 1001.
(11) Anti-retaliation. It is unlawful for
any person to discharge, demote, in-
timidate, threaten, restrain, coerce,
blacklist, harass, or in any other man-
ner discriminate against, or to cause
any person to discharge, demote, in-
timidate, threaten, restrain, coerce,
blacklist, harass, or in any other man-
ner discriminate against, any worker
or job applicant for:
(i) Notifying any contractor of any
conduct which the worker reasonably
believes constitutes a violation of the
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Office of the Secretary of Labor § 5.5
DBA, Related Acts, this part, or 29 CFR
part 1 or 3;
(ii) Filing any complaint, initiating
or causing to be initiated any pro-
ceeding, or otherwise asserting or seek-
ing to assert on behalf of themselves or
others any right or protection under
the DBA, Related Acts, this part, or 29
CFR part 1 or 3;
(iii) Cooperating in any investigation
or other compliance action, or testi-
fying in any proceeding under the DBA,
Related Acts, this part, or 29 CFR part
1 or 3; or
(iv) Informing any other person
about their rights under the DBA, Re-
lated Acts, this part, or 29 CFR part 1
or 3.
(b) Contract Work Hours and Safety
Standards Act (CWHSSA). The Agency
Head must cause or require the con-
tracting officer to insert the following
clauses set forth in paragraphs (b)(1)
through (5) of this section in full, or
(for contracts covered by the Federal
Acquisition Regulation) by reference,
in any contract in an amount in excess
of $100,000 and subject to the overtime
provisions of the Contract Work Hours
and Safety Standards Act. These
clauses must be inserted in addition to
the clauses required by paragraph (a) of
this section or 29 CFR 4.6. As used in
this paragraph (b), the terms ‘‘laborers
and mechanics’’ include watchpersons
and guards.
(1) Overtime requirements. No con-
tractor or subcontractor contracting
for any part of the conract work which
may require or involve the employ-
ment of laborers or mechanics shall re-
quire or permit any such laborer or me-
chanic in any workweek in which he or
she is employed on such work to work
in excess of forty hours in such work-
week unless such laborer or mechanic
receives compensation at a rate not
less than one and one-half times the
basic rate of pay for all hours worked
in excess of forty hours in such work-
week.
(2) Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in
paragraph (b)(1) of this section the con-
tractor and any subcontractor respon-
sible therefor shall be liable for the un-
paid wages and interest from the date
of the underpayment. In addition, such
contractor and subcontractor shall be
liable to the United States (in the case
of work done under contract for the
District of Columbia or a territory, to
such District or to such territory), for
liquidated damages. Such liquidated
damages shall be computed with re-
spect to each individual laborer or me-
chanic, including watchpersons and
guards, employed in violation of the
clause set forth in paragraph (b)(1) of
this section, in the sum of $32 for each
calendar day on which such individual
was required or permitted to work in
excess of the standard workweek of
forty hours without payment of the
overtime wages required by the clause
set forth in paragraph (b)(1).
(3) Withholding for unpaid wages and
liquidated damages —(i) Withholding
process. The [write in the name of the
Federal agency or the recipient of Fed-
eral assistance] may, upon its own ac-
tion, or must, upon written request of
an authorized representative of the De-
partment of Labor, withhold or cause
to be withheld from the contractor so
much of the accrued payments or ad-
vances as may be considered necessary
to satisfy the liabilities of the prime
contractor or any subcontractor for
any unpaid wages; monetary relief, in-
cluding interest; and liquidated dam-
ages required by the clauses set forth
in this paragraph (b) on this contract,
any other Federal contract with the
same prime contractor, or any other
federally assisted contract subject to
the Contract Work Hours and Safety
Standards Act that is held by the same
prime contractor (as defined in § 5.2).
The necessary funds may be withheld
from the contractor under this con-
tract, any other Federal contract with
the same prime contractor, or any
other federally assisted contract that
is subject to the Contract Work Hours
and Safety Standards Act and is held
by the same prime contractor, regard-
less of whether the other contract was
awarded or assisted by the same agen-
cy, and such funds may be used to sat-
isfy the contractor liability for which
the funds were withheld.
(ii) Priority to withheld funds. The De-
partment has priority to funds with-
held or to be withheld in accordance
with paragraph (a)(2)(i) or (b)(3)(i) of
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29 CFR Subtitle A (7–1–24 Edition) § 5.5
this section, or both, over claims to
those funds by:
(A) A contractor’s surety(ies), includ-
ing without limitation performance
bond sureties and payment bond sure-
ties;
(B) A contracting agency for its re-
procurement costs;
(C) A trustee(s) (either a court-ap-
pointed trustee or a U.S. trustee, or
both) in bankruptcy of a contractor, or
a contractor’s bankruptcy estate;
(D) A contractor’s assignee(s);
(E) A contractor’s successor(s); or
(F) A claim asserted under the
Prompt Payment Act, 31 U.S.C. 3901–
3907.
(4) Subcontracts. The contractor or
subcontractor must insert in any sub-
contracts the clauses set forth in para-
graphs (b)(1) through (5) of this section
and a clause requiring the subcontrac-
tors to include these clauses in any
lower tier subcontracts. The prime con-
tractor is responsible for compliance
by any subcontractor or lower tier sub-
contractor with the clauses set forth in
paragraphs (b)(1) through (5). In the
event of any violations of these
clauses, the prime contractor and any
subcontractor(s) responsible will be lia-
ble for any unpaid wages and monetary
relief, including interest from the date
of the underpayment or loss, due to
any workers of lower-tier subcontrac-
tors, and associated liquidated dam-
ages and may be subject to debarment,
as appropriate.
(5) Anti-retaliation. It is unlawful for
any person to discharge, demote, in-
timidate, threaten, restrain, coerce,
blacklist, harass, or in any other man-
ner discriminate against, or to cause
any person to discharge, demote, in-
timidate, threaten, restrain, coerce,
blacklist, harass, or in any other man-
ner discriminate against, any worker
or job applicant for:
(i) Notifying any contractor of any
conduct which the worker reasonably
believes constitutes a violation of the
Contract Work Hours and Safety
Standards Act (CWHSSA) or its imple-
menting regulations in this part;
(ii) Filing any complaint, initiating
or causing to be initiated any pro-
ceeding, or otherwise asserting or seek-
ing to assert on behalf of themselves or
others any right or protection under
CWHSSA or this part;
(iii) Cooperating in any investigation
or other compliance action, or testi-
fying in any proceeding under CWHSSA
or this part; or
(iv) Informing any other person
about their rights under CWHSSA or
this part.
(c) CWHSSA required records clause. In
addition to the clauses contained in
paragraph (b) of this section, in any
contract subject only to the Contract
Work Hours and Safety Standards Act
and not to any of the other laws ref-
erenced by § 5.1, the Agency Head must
cause or require the contracting officer
to insert a clause requiring that the
contractor or subcontractor must
maintain regular payrolls and other
basic records during the course of the
work and must preserve them for a pe-
riod of 3 years after all the work on the
prime contract is completed for all la-
borers and mechanics, including guards
and watchpersons, working on the con-
tract. Such records must contain the
name; last known address, telephone
number, and email address; and social
security number of each such worker;
each worker’s correct classification(s)
of work actually performed; hourly
rates of wages paid; daily and weekly
number of hours actually worked; de-
ductions made; and actual wages paid.
Further, the Agency Head must cause
or require the contracting officer to in-
sert in any such contract a clause pro-
viding that the records to be main-
tained under this paragraph must be
made available by the contractor or
subcontractor for inspection, copying,
or transcription by authorized rep-
resentatives of the (write the name of
agency) and the Department of Labor,
and the contractor or subcontractor
will permit such representatives to
interview workers during working
hours on the job.
(d) Incorporation of contract clauses
and wage determinations by reference. Al-
though agencies are required to insert
the contract clauses set forth in this
section, along with appropriate wage
determinations, in full into covered
contracts, and contractors and sub-
contractors are required to insert them
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131
Office of the Secretary of Labor § 5.6
in any lower-tier subcontracts, the in-
corporation by reference of the re-
quired contract clauses and appro-
priate wage determinations will be
given the same force and effect as if
they were inserted in full text.
(e) Incorporation by operation of law.
The contract clauses set forth in this
section (or their equivalent under the
Federal Acquisition Regulation), along
with the correct wage determinations,
will be considered to be a part of every
prime contract required by the applica-
ble statutes referenced by § 5.1 to in-
clude such clauses, and will be effective
by operation of law, whether or not
they are included or incorporated by
reference into such contract, unless the
Administrator grants a variance, toler-
ance, or exemption from the applica-
tion of this paragraph. Where the
clauses and applicable wage determina-
tions are effective by operation of law
under this paragraph, the prime con-
tractor must be compensated for any
resulting increase in wages in accord-
ance with applicable law.
(The information collection, recordkeeping,
and reporting requirements contained in the
following paragraphs of this section were ap-
proved by the Office of Management and
Budget:
Paragraph OMB
Control No.
(a)(1)(ii)(B) ..................................................... 1235–0023
(a)(1)(ii)(C) ..................................................... 1235–0023
(a)(1)(iv) ......................................................... 1235–0023
(a)(3)(i) ........................................................... 1235–0023
(a)(3)(ii)(A) ..................................................... 1235–0023
1235–0008
(c) ................................................................... 1235–0023
[48 FR 19540, Apr. 29, 1983, as amended at 51
FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4,
1990; 57 FR 28776, June 26, 1992; 58 FR 58955,
Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR
69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008;
81 FR 43450, July 1, 2016; 82 FR 2225, 2226, Jan.
9, 2017; 83 FR 12, Jan 2, 2018; 84 FR 218, Jan.
23, 2019; 87 FR 2334, Jan. 14, 2022; 88 FR 2215,
Jan. 13, 2023; 88 FR 57734, Aug. 23, 2023; 89 FR
1815, Jan. 11, 2024]
§ 5.6 Enforcement.
(a) Agency responsibilities. (1)(i) The
Federal agency has the initial responsi-
bility to ascertain whether the clauses
required by § 5.5 and the appropriate
wage determination(s) have been incor-
porated into the contracts subject to
the labor standards provisions of the
laws referenced by § 5.1. Additionally, a
Federal agency that provides Federal
financial assistance that is subject to
the labor standards provisions of the
Act must promulgate the necessary
regulations or procedures to require
the recipient or sub-recipient of the
Federal assistance to insert in its con-
tracts the provisions of § 5.5. No pay-
ment, advance, grant, loan, or guar-
antee of funds will be approved by the
Federal agency unless it ensures that
the clauses required by § 5.5 and the ap-
propriate wage determination(s) are in-
corporated into such contracts. Fur-
thermore, no payment, advance, grant,
loan, or guarantee of funds will be ap-
proved by the Federal agency after the
beginning of construction unless there
is on file with the Federal agency a
certification by the contractor that the
contractor and its subcontractors have
complied with the provisions of § 5.5 or
unless there is on file with the Federal
agency a certification by the con-
tractor that there is a substantial dis-
pute with respect to the required provi-
sions.
(ii) If a contract subject to the labor
standards provisions of the applicable
statutes referenced by § 5.1 is entered
into without the incorporation of the
clauses required by § 5.5, the agency
must, upon the request of the Adminis-
trator or upon its own initiative, either
terminate and resolicit the contract
with the required contract clauses, or
incorporate the required clauses into
the contract (or ensure they are so in-
corporated) through supplemental
agreement, change order, or any and
all authority that may be needed.
Where an agency has not entered di-
rectly into such a contract but instead
has provided Federal financial assist-
ance, the agency must ensure that the
recipient or sub-recipient of the Fed-
eral assistance similarly incorporates
the clauses required into its contracts.
The method of incorporation of the
correct wage determination, and ad-
justment in contract price, where ap-
propriate, should be in accordance with
applicable law. Additionally, the fol-
lowing requirements apply:
(A) Unless the Administrator directs
otherwise, the incorporation of the
clauses required by § 5.5 must be retro-
active to the date of contract award or
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Exhibit H

Design
-
Builder’s Designated Representatives

Chairman

KADCON

Corporation

1053

31
st

Street

NW

Washington
,

DC

20007

Phone
:

202
-
944
-
9400

Email
:

rkadissi
@
kadcon
.
com

R
i
a
d

K
a
d
i
s
s
i
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Exhibit I
Department’s Designated Representatives and Contracting Officers

Eric Njonjo
Acting Chief Procurement Officer
Contracts and Procurement Division
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019

Suzi Tabot
Contracting Officer
Contracts and Procurement Division
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019

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Exhibit J1

Standard Contract Provisions, General Provisions (Construction Contracts)

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Standard Contract Provisions - Page 1 of 24

District of Columbia Department of General Services
Standard Contract Provisions

GENERAL PROVISIONS
(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 Contracting Officer shall be promptly notifi ed in writing of any error, discrepancy or
omission, apparent or otherwise.

2. Applicable Federal, State, and Municipal C ode requirements have priority over: the
Contract form, General Provisions, Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.

3. The Contract form, Standard Contract Prov isions, General Provisions and Labor
Provisions have priority over: Change Or ders, Addenda, Contract drawings, Special
Provisions and Specifications.

4. Change Orders have priority over: Addenda, Contract drawings and Specifications.

5. Addenda have priority over: Contract drawin gs, Special Provisions and Specifications. A
later dated Addendum has priority over earlier dated Addenda.

6. Special Provisions have priority over: Contract drawings and other specifications.

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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.
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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.

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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
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prescribed shall constitute waiver of all right to compensation related to the suspension of
work by the Contractor.

4. No contract 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 excluded under any other term of condition of this contract.

C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK :

1. The Contracting Officer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to satisfactorily
complete the project. Such changes in quantities and alterations shall not invalidate the
contract nor 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 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 work. If a basis cannot
be agreed upon, then an adjustment will be made either for or against the Contractor 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 work to be
performed under the contract, the altered work 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 work 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 work
performed.

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
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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
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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.

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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
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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
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(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.

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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
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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.
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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.
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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
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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
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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

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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 orde r 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 performance would have been so suspe nded, delayed or interrupted by any other
cause, 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

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2. Unless the claim, in an amount stated, is asse rted in writing as soon as practicable after
the termination 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 Offi cer’s Safety Representative a fter submission of the above
program to develop a mutual understanding relative to the administration of the overall safety
program.

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
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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;
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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
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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.

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Exhibit J2
Standard Contract Provisions, General Provisions (A&E)
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District of Columbia District of General Services Released October 2018 Standard Contract Provisions General Provisions (Architectural & Engineering Services Contract)
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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
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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
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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
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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
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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
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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.
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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.
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Exhibit K

Form of Lien Waivers

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

_____________________________________________________________________________________________
2000 14TH STREET, NW, 5TH 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 a ll claims, right to liens, and stop work
notices upon said premises or the im provements thereon under the statu tes 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 accor dance with the C ontract 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: _______________

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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]

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
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 compens ation, 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: _______________

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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]

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Exhibit L
Form of GMP Amendment

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GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD AGREEMENT
UPSHUR RECREATION CENTER MODERNIZATION
THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is entered
into by and between the DISTRICT OF COLUMBIA GOVERNMENT, acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department”) and [DESIGN-BUILDER],
(the “Design-Builder”) pursuant to the Agreement, dated _, between the District
of Columbia government, by and through the Department and the Design-Builder, for the
modernization of the UPSHUR RECREATION CENTER MODERNIZATION and to establish
a Guaranteed Maximum Price and Contract Time for the Work as set forth below.

ARTICLE I GUARANTEED MAXIMUM PRICE

Section 1.1 Guaranteed Maximum Price. Subject to additions and deductions which may
be made only in accordance with the Agreement, the Design-Builder represents, warrants and
guarantees to the Department that the total maximum cost to be paid by the Department for Design
Builder’s complete performance under the Agreement, including, but not limited to, Final
Completion of all Work, all services of Design-Builder under the Agreement, and all fees,
compensation and reimbursements to Design-Builder, shall not exceed the total amount of
[INSERT AMOUNT] Dollars ($[INSERT AMOUNT]) ("Guaranteed Maximum Price"). Costs
which would cause the Guaranteed Maximum Price (as may be adjusted pursuant to the Contract
Documents) to be exceeded shall be paid by the Design-Builder without reimbursement by the
Department.

Section 1.2 Guaranteed Maximum Price Components. The Guaranteed Maximum
Price is comprised of the maximum amount payable by the Department for:

1.2.1 the Cost of the Work for full and complete performance of the Work in strict
accordance with the Contract Documents;
1.2.2 a Pre-Construction Fee for the Design-Builder, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.3 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.4 a Maximum Cost of General Conditions, , as defined in the Agreement, in the amount
of [INSERT AMOUNT];
1.2.5 a Design Fee in the amount of [INSERT AMOUNT]; and
1.2.6 The Guaranteed Maximum Price is further broken down into line items and categories
on Exhibits attached hereto.

Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in accordance
with the Contract Documents listed and attached to this Amendment and marked Exhibits
through , as follows:
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1.3.1 Exhibit__: A list of drawings, specifications, addenda, general, supplementary, and
other conditions on which the Guaranteed Maximum Price is based.

1.3.2 Exhibit__: A list of unit prices and allowance items and a statement of their basis.

1.3.3 Exhibit__: Assumptions and clarifications made in preparing the GMP Proposal,
noting in particular any exclusions. The assumptions and clarifications shall take precedence over
the drawings and specifications. The Design -Builder shall prepare a separate memorandum that
highlights any differences between the then approved drawings and the modifications made in the
assumptions and clarifications. Such memorandum shall specifically address any changes in the
Project aesthetics, functionality or performance.

1.3.4 Exhibit__: The proposed GMP, including a statement of the detailed cost estimate
organized by trade categories, allowances, contingency, and other items and the fees that comprise
the GMP.
1.3.5 Exhibit__: An update to the Project’s schedule to which the Design-Builder will
agree to be bound. This update shall be prepared in the same level of detail and in the same manner
as the Baseline Schedule.

1.3.6 Exhibit__: A subcontracting plan setting forth the names and estimated dollar
volume of the work that will be perform by LSBDEs, as certified by the Department of Small and
Local Business Development (DSLBD), upon which the GMP is based.

Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the Department
acknowledge that the Drawings and Specifications are not complete and, as of the date hereof, that
such Drawings and Specifications have reached the level of approximately % complete permit
set documents. The Design-Builder, however, has been actively involved in the design process
and hereby represents that it has a sufficient understanding of the Project to agree to a Guaranteed
Maximum Price to Fully Complete the Project. The Design Builder hereby acknowledges that the
GMP Basis Documents provides sufficient detail and information to provide a firm Guaranteed
Maximum Price and that the Guaranteed Maximum Price proposed therein is intended to represent
the Design-Builder’s offer to Fully Complete the Project. The Design-Builder and the Department
agree to work together to complete the Drawings and Specifications as provided in this Agreement,
consistent with the Guaranteed Maximum Price premises and assumptions and Project Schedule.

Section 1.5 Design Intent; Inferable Work. Design-Builder agrees that the Guaranteed
Maximum Price is based on the current state of the design, which represents approximately [ ]
percent complete permit set documents. The GMP Basis Documents will include various
clarifications and assumptions that are intended to further define the scope of Work that will be
required to complete design. The Design-Builder has included within the Guaranteed Maximum
Price sufficient amounts to cover aspects of the Work that are not shown on the GMP Basis
Documents. If the Department does not approve any such scope increase, the Design-Builder
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shall cause the Architect to develop a design that is consistent with the original design intent
and shall complete the Work for an amount that does not exceed the GMP.

Section 1.6 Cost Overruns. Subject to additions or deductions which may be made in
accordance with the Agreement, the Design-Builder shall be solely liable and responsible for and
shall pay any and all costs, fees and other expenditures in excess of the Guaranteed Maximum
Price for and/or relating to the Work, without entitlement to reimbursement from the Department.
Design-Builder shall not be entitled to any fee, payment, compensation or reimbursement under
this Agreement or relating to the Work or Project other than as expressly provided in the
Agreement.

Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit Price
Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted in the
Guaranteed Maximum Price ("Allowance Items"). The only Allowance Items shall be those
specifically identified as such in the Schedule of Values and in the Guaranteed Maximum Price.
The Allowance Amounts represent all Costs of the Work of the Allowance Items, including,
without limitation, costs of materials, labor, handling, transportation, loading and unloading and
installation, as determined by Design-Builder.
ARTICLE 2

INTENT, INTERPRETATION AND CORRELATION

Section 2.1 Intent of the Agreement . The intent of the Agreement is for the Design-
Builder to perform and supply, and the Department hereby engages Design-Builder to and Design
Builder hereby agrees to perform and supply, the Work, including all necessary design services,
scheduling, procurement, supervision, construction, and construction management services and
supply all necessary labor, materials, equipment and related work and services necessary to fully
complete the Work and obtain the intended results of the Contract Documents, including, but not
limited to the requirements of the Project Schedule and the Guaranteed Maximum Price
requirements set forth in Article 1 above. The enumeration of particular items in the Specifications
and/or Drawings shall not be construed to exclude other items. The Contract Documents are
complementary, and what is required by any one of the Contract Documents (including either a
Drawing or Specification) as being necessary to produce the intended results shall be binding and
required as a part of the Work as if required by all Contract Documents.
Section 2.2 Design -Builder’s Compliance with Contract Documents. Design -Builder
agrees, accepts and assumes that the Department's decision will require implementation of the most
stringent requirements among any conflicting provisions of the Contract Documents as being part of
the Work. The Design-Builder agrees to be bound by all decisions by the Department to implement
the most stringent of any conflicting requirements within the Contract Documents. Any failure by
Design-Builder to seek such clarifications shall in no way limit the Department's ability to require
implementation, including replacement of installed Work at a later date at Design Builder's sole
expense, to achieve compliance with the more stringent requirements. Without limiting the generality
of the foregoing, the Design-Builder hereby agrees as follows:
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2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any option herein conferred, shall
not be construed as a waiver or relinquishment of the Department's right thereafter to require
compliance with such provision of this Agreement, or as being a waiver of the Department's right
thereafter to exercise such option, and such provision or option will remain in full force and effect.

2.2.2 If there is any inconsistency in the Drawings or any conflict between the Drawings
and Specifications, Design-Builder shall provide the better quality or greater quantity of Work or
materials, as applicable, unless the Department directs otherwise in writing.

2.2.3 Design-Builder shall be responsible for dividing the Work among the appropriate
Subcontractors and Vendors. No claim will be entertained by the Department based upon the
organization or arrangement of the Specifications and/or the Drawings into areas, sections,
subsections or trade disciplines.

2.2.4 Detail drawings shall take precedence over scale drawings, and figured dimensions on
the Drawings shall govern the setting out of the Work.

2.2.5 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to the
Effective Date.

2.2.6 Technical words, abbreviations and acronyms in the Contract Documents shall be used
and interpreted in accordance with customary usage in the construction industry.

2.2.7 Whenever consent, permission or approval is required from any party pursuant to the
provisions of the Contract Documents, such consent, permission or approval shall, unless expressly
provided otherwise in this Agreement, be given or obtained, as applicable, in writing.

ARTICLE 3 [INTENTIONALLY OMITTED]
ARTICLE 4 OTHER PROVISIONS
Section 4.1 Design-Builder’s Responsibilities. The Design-Builder also expressly
acknowledges that this Project and the Work will proceed on a "fast-track" method of construction,
i.e., construction will commence without final Drawings and Specifications in place. More
specifically, while Drawings and Specifications are complete for certain portions of Work, the
design process will continue for other portions during construction based on the Guaranteed
Maximum Price premises and assumptions. The Design-Builder has been, and will continue to be,
an active participant in the design process. Given such participation, the Design-Builder represents
that it is familiar with the scope and quality of those aspects of the Project that have not yet been
fully designed, and has taken such scope and quality matters into consideration in preparing each
component of the Guaranteed Maximum Price. The Design-Builder agrees to work with the
Department in managing the construction and design work to complete the design process. The
Design-Builder shall manage the Project, including coordinating redesign or Value Engineering
necessary or advisable for certain aspects of the Project at any stage of the design process in order
to bring the cost of such Work within or below, but not in excess of, the respective allowances or
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the budgeted or allocated amounts for other items contained in the Guaranteed Maximum
Price. Once the Drawings and Specifications are complete, it is recognized by the Design-Builder
and the Department that the scope of the Guaranteed Maximum Price may include Work not
expressly indicated on the Contract Documents, but which is reasonably inferable from the
Contract Documents, and such Work shall be performed without any increase in the Guaranteed
Maximum Price or extension of Contract Time, except if and to the extent otherwise expressly
provided in this Agreement.
ARTICLE 5 MISCELLANEOUS PROVISIONS

Section 5.1 Prior Agreement Unaffected. Except as expressly agreed to herein, all of the
terms, conditions, representations and warranties set forth in the Agreement shall remain
unaffected and in full force and affect.

Section 5.2 Integrated Agreement. This Amendment and any attachment hereto set forth
the entire agreement and understanding of the parties regarding the transactions contemplated
hereby and supersede all prior oral and written agreements, arrangements and understandings
relating to the subject matter hereof. There are no oral or written agreements or understandings,
representations or warranties among the parties other than those set forth herein.

Section 5.3 Counterparts. This Amendment may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which shall be considered one and the
same instrument.

Section 5.4 Construction. This Agreement shall be construed fairly as to all parties and
not in favor of or against any party, regardless of which party prepared the Agreement.

IN WITNESS WHEREOF, each of the parties to this Amendment to Agreement (DCAM-
22-CS-RFP-0005) has caused it to be executed by its duly authorized representative on the dates
set forth below.

DISTRICT OF COLUMBIA GOVERNMENT, by and through its DEPARTMENT OF
GENERAL SERVICES

By:

Name:

Title:

Date:
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[DESIGN
-
BUILDER]

By:

Name:

Its:

Date:

Riad Kadissi
KADCON Corporation
Chairman
04/23/2025
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Exhibit M
Reserved

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Exhibit N
FF&E and Close-Out Deliverable – (FF&E will be provided at the time of
GMP)

Close-out & FF&E.

A detailed list of FF&E requirements will be developed during the
design & preconstruction phase.

Punchlist. Promptly after the Project reaches Substantial Completion,
the Design-Builder shall cause the Architect to develop a punchlist.
Once the punchlist is prepared, the Design-Builder shall inspect the
work along with representatives from the Department. The punchlist
shall be revised to reflect additional work items that are discovered
during such inspection. The Design-Builder shall correct all punchlist
items no later than thirty (30) days after Substantial Completion is
achieved.

Warranties & Manuals. Subsequent to Substantial Completion and no
later than fifteen (15) days following Substantial Completion, the
Design-Builder shall prepare and submit the following documentation:
(i) a complete set of product manuals (O&M), training videos,
warranties, etc.; (ii) attic stock; (iii) an equipment schedule; (iv) a
proposed schedule of maintenance for the renovated building; (v)
environmental, health and safety documents for the renovated
building; and (vi) all applicable inspection certificates/permits (boiler,
elevator, emergency evacuation plans, health inspection, etc.) for the
new building. No later than thirty (30) days following Substantial
Completion, the Design-Builder shall prepare and submit: (i.) a
complete set of its Project files; and (ii.) a set of record drawings.

The Design-Builder shall prepare an “as-built” plan of the site
including all the modifications performed during construction, within 30
days of completion. The Design-Builder shall also submit warranty
information on all design requirements within 30 days of completion.

Support for Initial Heating & Cooling Season. The Design-Builder
and its mechanical Subcontractor shall provide support to the Client
Agency and the Department during system start-up and in initial
operation for the first heating and cooling season after Substantial
Completion is achieved.

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Training. The Design-Builder shall provide training to Client Agency
staff on all of the building systems. The Design-Builder shall be required
to schedule such training sessions and shall use commercially
reasonable efforts to ensure all such training occurs prior to Final
Completion Date.

The Design-Builder shall assist Client Agency in relocating FF&E and
other items as necessary within the renovated building, as well as for
cleaning and other move-in services as directed by the Department. The
GMP shall include an allowance and scope of work for these activities.
This allowance is in addition to cleaning services that would otherwise be
required by the Design-Builder, including, but not limited to, the
obligation to deliver a broom clean building at the end of construction.

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Exhibit O

Subcontractor Performance Evaluation Form

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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-23-CS-RFP-0029
DESIGN-BUILD SERVICES
FOR
UPSHUR RECREATION CENTER MODERNIZATION
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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.
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Exhibit P

At-Risk Portion of Design-Build Fee

Award Fee Determination. The Design-Builder shall be entitled to the At-Risk Portion as
follows:

a) If a GMP is agreed upon by the Design- Builder and the Department within twelve
(12) months after issuance of the NTP and the GMP is less than the Project Budget, the
Design-Builder shall earn twenty-five percent (25%) of the At- Risk Portion (i.e. 10% of
the Design-Build Fee).

b) The Design-Builder shall be eligible to earn up to twenty-five percent (25%) of the Award
Fee Pool based on the overall level of quality of the Project as delivered (such amount, the
“Quality Incentive Amount”). Entitlement to this portion of the Award Fee Pool shall be
determined by an award fee committee (the “Award Fee Evaluation Committee”), which will
be appointed by the Design-Builder and the Department within sixty (60) days after award.
The Award Fee Evaluation Committee shall consist of the following people:
i. DGS Capital Construction Division (CCD) Deputy Director or their
designee
ii. DPR Chief of Facilities or their designee
iii. DGS CCD representative
iv. DPR Facilities representative
Panelist shall not be an individual who has day- to-day interactions or involvement on the
Project. Panelist shall not be an individual who is presently involved in an active project with
the Design-Builder. Upon Substantial Completion, the Award Fee Evalua tion Committee
shall inspect the Project and assess, for each of the areas of the Project listed below, the
overall appearance, functionality and level of quality found in the Work. In making this
determination, the Award Fee Evaluation Committee shall average their individual scores
into a single score based upon the following scale:
i. 0 points – the Design -Builder failed to meet the minimum
requirements of the Project and/or quality.
ii. 1 point – the Design -Builder marginally met the minimum
requirements of the Project and/or quality with major deficiencies
iii. 2 points – The Design -Builder marginally met the minimum
requirements of the Project and/or quality with minor deficiencies
iv. 3 points – The Design-Builder met the requirements of the Project
and/or quality with minimal deficiencies
v. 4 points – The Design-Builder met some requirements and/or quality
and exceeded others. There were no deficiencies.
vi. 5 points – The Design -Builder exceeded most, if not all, the
requirements of the Project and/or quality with no deficiencies.
If the Award Fee Evaluation Committee’s average score is 4 points or greater, then the
Design-Builder shall be entitled to the full award fee. If the average score is less than 4, then
the average score shall be divided by four (4) and then multiplied by t he award fee. That
shall be the amount of the award fee that shall be given to the Design- Builder. Example 1:
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The average score is 3.5 and the award fee is $200,000. The Design-Builder shall be entitled
to $175,000. Example 2: The average score is 4.1 and the award fee is $200,000. The Design-
Builder shall be entitled to $200,000. At a minimum, the Award Fee Evaluation Committee
shall evaluate the following for their scoring:

i. Main entrance to building, both exterior and interior
ii. Playground, if included
iii. Playing fields, if included
iv. Gymnasium
v. Façade, not including windows
vi. Windows (exterior), including any framing
vii. Public space that was part of the Design-Builder’s scope
viii. Discovery Commons area(s)
ix. Workout Room
x. Multipurpose Room
xi. Locker Rooms
xii. Level of completeness of punch list
xiii. Historic elements, if included
xiv. Plantings and landscaping
xv. Interior finishes in hallways
xvi. Interior finishes in classrooms
xvii. Interior finishes in offices
Prior to being eligible for the Quality Incentive walk, all quality control and quality assurance
related deficiencies documented by the District shall be resolved and accepted as resolved
by the District.

c) If the Design-Builder achieves Substantial Completion of the Project as stated in Section
1.5 on time the Design-Builder shall be entitled to receive twenty five percent (25%) of the
At Risk Portion (i.e. 10% of the Design-Build Fee). Entitlement to this portion of the Award
Fee Pool shall be based on the final outcome of the Project and the Project has been
successfully turned over to the District. For the avoidance of doubt, the Design-Builder shall
not be entitled to earn such portion of the Award Fe e Pool even if the failure to deliver on -
time was caused by DPR, the Department, delays resulting from the permitting or zoning
process, or an event of Force Majeure.

d) If the Design-Builder achieves Final Completion of the Project as stated in Section 1.5,
the Design -Build Fee and the final amount due to the Design- Builder (inclusive of the
Preconstruction Fee, the Design Fee, the earned portions of the Award Fee, the Base Design-
Build Fee and the Cost of General Conditions) is less than one hundred three percent (103%)
or the GMP as originally established, the Design-Builder shall earn twenty -five percent
(25%) of the At-Risk Portion (i.e. 10% of the Design-Build Fee). Entitlement to this portion
of the Award Fee Pool shall be based on the final outcome of the Project. For the avoidance
of doubt, the Design-Builder shall not be entitled to earn such portion of the Award Fee Pool
even if the failure to deliver within the (103%) cost goal was caused by DPR, the Department,
delays resulting from the permitting or zoning process, or an event of Force Majeure.

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Exhibit Q
Living Wage Act

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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.
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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;

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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.
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Exhibit R
Building Information Modeling (BIM)

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An Authoritative Source of Innovative Solutions for the Built Environment
National BIM Guide for Owners
National Institute of
BUILDING SCIENCES
January 2017
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Disclaimer:

When using this Guide to develop contracts between stakeholders regarding the use of BIM to plan,
design, construct, and operate buildings, the information herein should not be considered a
substitute for legal, business, insurance or financial advice. Each stakeholder or party to a contract
is strongly encouraged to seek the advice of attorneys, and business, insurance, and financial
counselors and advisers, as each stakeholder deems appropriate, when drafting, reviewing, and
negotiating all contracts and clauses including, but not limited to, all terms and conditions, contract
and project management requirements, intellectual property rights, and the electronic storage and
transfer of documents and data.

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NATIONAL BIM GUIDE FOR OWNERS
FOREWORD ......................................................................................................................................... v
EXECUTIVE SUMMARY ....................................................................................................................... vi
1. INTRODUCTION ............................................................................................................................... 1
1.1 PURPOSE ........................................................................................................................................... 1
1.2 SCOPE ................................................................................................................................................ 1
1.3 USE .................................................................................................................................................... 1
2. PROCESS .......................................................................................................................................... 3
2.1 DEFINE BIM REQUIREMENTS ............................................................................................................ 4
2.1.1 BIM Uses and Requirements ...................................................................................................... 4
2.1.2 Project Delivery Method ............................................................................................................ 4
2.1.3 Intellectual Property. ................................................................................................................. 5
2.1.4 Final Turnover Requirements .................................................................................................... 6
2.2 TEAM ROLES AND RESPONSIBILITIES ................................................................................................ 6
2.2.1 Owner’s BIM Representative(s) ................................................................................................. 6
2.2.2 Project BIM Manager Role ......................................................................................................... 7
2.2.3 Discipline/Trade BIM Leads ....................................................................................................... 7
2.2.4 Collaboration .............................................................................................................................. 7
2.3 BIM PROJECT EXECUTION PLANNING ............................................................................................... 8
2.3.1 File Sharing Requirements ......................................................................................................... 8
2.3.2 Data Security .............................................................................................................................. 9
2.4 MANAGING PROJECT REQUIREMENTS AND DELIVERABLES ............................................................ 9
2.4.1 Quality Planning ......................................................................................................................... 9
2.4.2 Quality Assurance .................................................................................................................... 10
2.4.3 Quality Control ......................................................................................................................... 10
3. INFRASTRUCTURE AND STANDARDS ............................................................................................. 12
3.1 TECHNOLOGY INFRASTRUCTURE .................................................................................................... 12
3.2 STANDARDS ..................................................................................................................................... 12
3.2.1 Categories of Standards ........................................................................................................... 12
3.2.2 Standards in this Guide ............................................................................................................ 13
3.2.3 Open Standards Format for Supporting Information .............................................................. 14
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3.3 SPACE AND GRAPHICAL STANDARDS .............................................................................................. 15
3.3.1 Owner‐Specified Guidelines and Standards ............................................................................ 15
3.3.2 Drawing .................................................................................................................................... 15
3.3.3 Sheet Layout ............................................................................................................................ 15
3.3.4 Areas/Rooms/Spaces ............................................................................................................... 15
3.3.5 Digital Documentation and Archiving ...................................................................................... 15
3.4 FILE STRUCTURE ............................................................................................................................. 16
3.4.1 Owner‐Specified Requirements ............................................................................................... 16
3.4.2 Folder Naming .......................................................................................................................... 16
3.4.3 File Naming .............................................................................................................................. 16
3.4.4 Component Naming Conventions ............................................................................................ 17
3.4.5 Submittal Package .................................................................................................................... 17
3.4.6 File Sharing ............................................................................................................................... 17
3.4.7 Data Transmittal Requirements ............................................................................................... 17
3.5 MODEL STRUCTURES ...................................................................................................................... 17
3.6 MODEL REQUIREMENTS ................................................................................................................. 18
3.6.1 Modeling Responsibility ........................................................................................................... 18
3.6.2 Modeling Process ..................................................................................................................... 19
4. EXECUTION .................................................................................................................................... 23
4.1 BIM Project Execution Plan (PxP) .................................................................................................... 23
4.1.1 Development of the BIM PxP ................................................................................................... 23
4.2 BIM Uses ......................................................................................................................................... 24
4.2.1 BIM Use Definition ................................................................................................................... 24
4.2.2 Essential BIM Uses ................................................................................................................... 25
4.2.3 Enhanced BIM Uses ................................................................................................................. 25
4.2.4 Owner‐Related BIM Uses ......................................................................................................... 27
4.3 Model Deliverables ......................................................................................................................... 27
5. GLOSSARY ..................................................................................................................................... 30
6. REFERENCE DOCUMENTS .............................................................................................................. 33
7. CITATIONS ..................................................................................................................................... 36

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Acknowledgements
The National Institute of Building Sciences would like to extend sincere thanks to the following agencies and
individuals for their support, input, and generous sharing of BIM knowledge and existing information:
State of Wisconsin
 Bill Napier, Project Manager, Wisconsin Department of Administration
 Jerry Walters, Executive Director of CESA 11
 Wendy von Below, Wisconsin Department of Administration
 Aden Sayers, Architectural Program and Policy Analyst
 Kevin Connolly, AIA, Connolly Architects

U.S. Army Corps of Engineers
 Jason Fairchild, CAD/BIM Community of Practice Leader
 Steve Hutsell, Chief, Geospatial Section, Seattle District
 Brandon Tobias, AIA, Architect
 Van Woods, BIM Program Manager

U.S. Department of Defense—Defense Health Agency
 John Becker, Director, Facilities Division
 Russell Manning, PhD, Chief, Operations & Life Cycle Integration

U.S. Department of Veterans Affairs
 Renee Tietjen, AIA, LEED‐AP, Senior Architect, VA BIM Program Manager, Construction & Facilities
Management

U.S. General Services Administration
 Ilana Hellmann, PE, BIM Program Expert, Program Management Branch
 Charles Matta, FAIA, Director, Center for Building Information Programs, Public Buildings Service
 Horatio McDowney, IT Applications Project Specialist, Center for Building Information Systems

Corresponding Members
 Paul Audsley, Assoc. AIA, Principal/Director of Digital Practice, NBBJ
 Brian Halma, Business Strategy Manager, Americas , RICS
 Ayse Polat, AIA, NY Main VDC Field Operations BIM Manager, Turner Construction
 Alan Muse BSc (Hons) MSc ,FRICS, Global Director of Built Environment Professional Groups, RICS
 Dennis R. Shelden, AIA, PhD, Associate Professor, School of Architecture, and Director, Digital Building
Laboratory, Georgia Institute of Technology

We also would like to thank the American Institute of Architects (AIA); American Society of Heating,
Refrigerating and Air‐Conditioning Engineers (ASHRAE); and Building Owners and Managers Association
International (BOMA) for their support in completing this project, as well as the U.S. Department of Defense –
Defense Health Agency for financial support.
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National BIM Guide for Owners Project Team
 Dan Chancey, RPA, Chair
Senior Vice President, Asset Management, Cushman & Wakefield, Commercial Advisors

 Ernie Conrad, PE, BOMA Fellow
Representing BOMA International

 Carrie Sturts Dossick, PhD, PE
Associate Professor and Executive Director, Center for Education and Research in Construction,
University of Washington

 Craig R. Dubler, PhD, DBIA
Manager, Facility Asset Management, Penn State University

 Johnny Fortune, CDT, LEED AP
BIM/IT Director, Bullock Tice Associates

 M. Dennis Knight, PE, FASHRAE
Founder & CEO, Whole Building Systems, LLC
Representing ASHRAE

 John I. Messner, PhD
Charles and Elinor Matts Professor of Architectural Engineering, Director, Computer Integrated
Construction Research Program, Penn State University

National Institute of Building Sciences
 Henry L. Green, Hon. AIA
President

 Dominique Fernandez

 Earle Kennett
Consultant/Team Leader

 Stephanie Stubbs, Assoc. AIA, PMP
Project Manager
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FOREWORD

Recent SmartMarket Reports by McGraw Hill Construction (now Dodge Data & Analytics) indicate the
business value of Building Information Modeling (BIM) is increasing. The Business Value of BIM in
North America: Multi‐Year Trend Analysis and User Ratings (2007‐2012) showed BIM adoption
increasing from 17% in 2007 to 71% in 2012, with 62% of respondents among the industry perceiving a
positive return on their investment in BIM. The Business Value of BIM for Owners (2014) identified
68% of U.S. Owners surveyed as either requiring or encouraging BIM for their projects.
The National Institute of Building Sciences is proud to introduce the National Building Information
Modeling Guide for Owners (NBGO), intended to outline for the building Owner how to develop and
implement requirements for BIM application in internal policies and procedures as well as in contracts
to plan, design, construct, and operate buildings.
As BIM adoption in the U.S. continues to rise, the Owner stands to benefit most, by implementing BIM
as a tool to maximize a building’s value throughout its lifecycle. BIM potentially facilitates better‐
informed Owner decision‐making, design‐intent communication, project coordination across various
phases, enhanced project delivery schedule and budget management, post‐construction asset and
facility management, building automation and control, and many other benefits, including increased
property resale values of the building, as well as leasing revenues.
We authored the NBGO to assist Owners in working with the other members of the building team to
maximize the potential of BIM on their projects. We would welcome your comments and feedback as
you put the NBGO to work for you.

Sincerely,

Henry L. Green, Hon. AIA
President
National Institute of Building Sciences
January 1, 2017

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EXECUTIVE SUMMARY

The intended audience for this Guide is the building Owner. The Guide defines an approach to creating
and fulfilling Building Information Modeling (BIM) requirements for a typical project from the Owner’s
standpoint.
Merely requiring BIM on a project does not equate to success if the Owner’s goals for the project are
not clearly set and BIM requirements do not correlate to achieving those goals. BIM must be well
planned and properly executed; not just BIM, but “BIM DONE RIGHT,”1 aligning the right amount and
types of resources to achieve the right results.
This Guide builds on the premise that BIM, in and of itself, is not the end but rather the means to a
number of potentially valuable project delivery outcomes for the Owner. It offers a toolset addressing
three broad areas the Owner should understand in order to direct the Project Team to BIM DONE
RIGHT: process, infrastructure and standards, and execution.
The Process for using BIM effectively on a project begins with defining BIM requirements in the
Owner's contracts with service providers (to plan, design, construct, and operate the building) and with
other stakeholders based on the project delivery method (design‐bid‐build, design‐build, IPD, etc.).
Early on, a successful BIM process includes identifying the roles and responsibilities of key project
stakeholders with respect to information modeling as well as creating a BIM Project Execution Plan
(PxP), an outcome‐driven BIM roadmap that details how the project will be completed. Process also
includes managing the project for compliance with the PxP and contract requirements, including the
project deliverables.
Infrastructure and standards acknowledges the high degree of human collaboration and software
interoperability needed for successful project information modeling , particularly as the project moves
from phase to phase. To achieve the necessary level of interactivity, the Owner must require all
members of the Project BIM Team to adhere to a framework of standards and structures from the
project’s onset.
Execution encompasses creating a Project Execution Plan (PxP), a master plan for how information
modeling will be done and managed, at the inception of a project. The PxP documents the Owner’s and
the Project BIM Team’s mutual agreement on how, by whom, when, why, to what level, and for what
project outcomes (called “BIM Uses”) information modeling will be used.

While the Guide highlights the essential requirements for BIM, it also offers options for Owners who
wish to go beyond minimum requirements. And finally, while the guide uses the term “building”
generically, in keeping with the terminology of “Building Information Modeling,” it is intended to apply
to information modeling for the built environment; i.e., site elements and facilities as well as buildings.

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1. INTRODUCTION

1.1 PURPOSE
The purpose of the National Building Information Modeling Guide for Owners (NBGO) is to outline for
the building Owner how to develop and implement requirements for the application of Building
Information Modeling (BIM) for internal policies and procedures, and explain how to include these
requirements in contracts to plan, design, construct and operate buildings. This Guide uses the term
“building” generically, in keeping with the terminology of “Building Information Modeling.” It is
intended to apply to information modeling for the built environment: site elements and facilities as
well as buildings.

1.2 SCOPE
This Guide establishes recommendations for processes, standards, and deliverables for a BIM‐enabled
project that can be continually shared and agreed upon by the Owner and the rest of the Project BIM
Team, which can include planners, constructors, facilities managers, and subcontractors, as well as
designers.

1.3 USE
The recommendations in this Guide should be used by the Owner to create specific project
requirements for BIM based on the project’s unique and individual needs that can then be followed
and implemented by the Project BIM Team to enhance facility value.

Many aspects of the building industry are discovering increased value in BIM. Owners, architects, engineers,
contractors, subcontractors, and facility managers all have collective and individual interests for the project and
their business continuity, respectively. BIM has the capacity to be used within each phase of a project – from
conceptual, through final design, construction, and on to operations – with a variety of applications ranging
from Clash Detection, Quantity Takeoff, Scheduling, FM operations, and many others. While each application or
‘use’ of BIM offers value in itself and any project participant engaging in these various ‘uses’ could state they are
‘doing BIM’; the efforts won’t likely yield optimal results without proper planning, coordination, and execution.
It is the project team’s activities in concert with the Owner’s requirements that provide the greatest potential
lifecycle value. This is “BIM Done Right”* and helping Owners achieve this for their projects is the goal of this
Guide.
‐‐Johnny Fortune
BIM/IT Director, Bullock Tice Associates

* Tice, John, Bullock Tice Associates BIM DONE RIGHT, a BIM‐enabled, client‐focused delivery approach and strategy (2015).
http://www.bulltice.com/
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2. PROCESS
At the project’s inception, the Owner establishes the intent and general requirements for the building.
Collectively, these are known as the Owner’s Project Requirements (OPR), and are defined by the
National BIM Standard – United States® (NBIMS‐US™) Version 32 (V3) as the ‘Owner's written
documentation of the functional requirements of the "facility" and the expectations of how it will be
used and operated. They include project and design goals, budgets, limitations, schedules.’ These
requirements are transferred into the building’s “basis of design,” (BOD), used by the building’s design
team to define the approach and parameters for designing the building to meet the Owner’s
requirements. The data developed during design is then transferred by the design team into
construction documents, which become the record of all the building’s physical elements. As each
building element’s construction is completed, it is either accepted through traditional design team
construction contract administration practices and/or commissioned by an independent
Commissioning Authority that the final construction meets the OPR and that the functional
performance of the element has been verified.
As the project moves from phase to phase, the information contained within the BIM grows in both
quantity and specificity. The nature of BIM technology and the interoperability (ability to be
exchanged and used) of the data contained within the BIM allow different Owners to use the BIM in
multiple ways, depending on their specific needs. In addition to design and construction, BIM
applications can include asset management, building automation and control, interdisciplinary
coordination, scheduling, cost estimating, and integrated construction specifications.
Models generated during planning, design, construction, and operations continue to serve as
information resources used to keep the building operating at optimal efficiency. When well planned
and executed, the use of BIM may reduce the building life‐cycle cost. Using BIM in concert with
planning and team building, with its shared and continually updated information, also helps the team
minimize conflicts, cuts down on repetition and duplication of tasks, and helps to optimize planning,
design, construction, and operations.
The process for enabling BIM to be used effectively on a project should follow these steps:
1. Define minimum BIM requirements in the Owner's contracts with service providers (planning,
design, construction, operations, etc.) and other stakeholders based on the project delivery
method (design‐bid‐build, design‐build, IPD, etc.).
2. Identify the roles and responsibilities of key project stakeholders with respect to information
modeling.
3. Collaboratively create a BIM Project Execution Plan (PxP) with key project stakeholders.
4. Manage the project for compliance with the PxP and contract requirements, including Model
and Data Deliverables, through periodic reviews.

Where the model(s) is to be used for design/documentation and then for construction, the BIM PxP
should address model exchange procedures, i.e., how the model(s) can migrate between project
phases effectively with minimum effort. First, the Project BIM Team members need to coordinate the
BIM Uses they seek to leverage when they determine the model exchange procedures. For example,
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model coordination would require a high degree of geometric accuracy for the design model. Once
BIM Uses are identified, the team should decide who is developing which models, and when these
models are exchanged. The BIM PxP should be used to organize responsibilities and modeling
requirements.

2.1 DEFINE BIM REQUIREMENTS
BIM requirements are defined by the Owner’s overall goals, business practices, and corporate culture
and are shaped by the OPR. They are developed on a project‐by‐project basis, as the Project BIM Team
selects BIM Uses to achieve these requirements. The Owner should provide any resources, such as
feasibility studies and/or access to stakeholder interviews, for the BIM Project BIM Team to define
Owner‐related goals. Once the Owner’s project BIM goals are defined, the Project BIM Team should
also ensure that these BIM goals can be met with current technology practices and required team
competencies. The project BIM goals should lead to the choice of BIM Uses and additional BIM
requirements.
2.1.1 BIM Uses and Requirements
The Owner should at a minimum require the five Essential BIM Uses described in Section 4.2.2: Existing
Conditions, Design Authoring, Design Review, three‐dimensional (3D) Coordination, and Record
Modeling. Project conditions may justify other Enhanced BIM Uses, as described in Section 4.2.3, or
Owner‐Related Uses, as described in Section 4.2.4. The Project BIM Team should develop the
recommended BIM Uses for the project by leveraging resources provided in the National BIM
Standard– United States® (NBIMS‐US™) Version 3 (V3) along with other resources. NBIMS‐US™ ,
developed by the National Institute of Building Sciences buildingSMART alliance®, contains core
consensus‐approved standards regarding the exchange of information and standard practices for
implementing BIM on a project.
Once BIM Uses are defined, the Level of Development (LOD) requirements should be determined.
There are Default LOD, Template LOD, and Custom LOD (see Section 3.6.4). An Owner can adopt a
Default LOD that references established LOD requirements, such as the United States Army Corps of
Engineers (USACE) Minimum Modeling Matrix (M3).3 The Owner also can use existing templates to
develop LOD requirements, such as the American Institute of Architects (AIA) G‐202 Building
Information Modeling Protocol.4 It also is possible for Owners to develop a custom LOD matrix for
their organization, but if they do so, they should adhere to the LOD spec definitions. Any of these
three forms of LOD specification provides a means for Owners to develop contract requirements for
models and data requirements.

2.1.2 Project Delivery Method
The choice of project delivery method for the project affects the way in which the BIM is developed
and how information is exchanged. A design‐build (DB) project may only have one Project BIM
Manager, while a design‐bid‐build (D‐B‐B) project should have one BIM Manager for design and
another one for construction. Similarly, the Owner should understand that the project delivery method
will affect the level of responsibility that the Owner assumes for information management and
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exchange between project phases. For example, in D‐B‐B, the Owner may be responsible for
information exchange between design stakeholders and construction stakeholders. The project
contracts should define responsibilities for the design and construction contracting entities, and,
therefore, the Level of Development (LOD) and division of responsibilities. Information exchange
across contracting parties also should be clearly defined and closely managed.

2.1.3 Intellectual Property.
Project deliverables should be clearly and completely defined in the Owner/designer and
Owner/contractor agreements, especially if the PxP is developed after contracts have been executed.
The intellectual property rights of the Owner should be clearly defined and validated in the PxP. The
Owner should, at a minimum, have the right to use the project data defined as project deliverables in
the BIM PxP. Project data should include the:
 Model files (BIM, CAD)
 Drawing files (CAD, electronic sheets such as PDFs, and/or plot files)
 Electronic manuals
 Tabular/textual information derived from BIM (e.g., spreadsheets)
 Reference files necessary to supplement other project data
Publicly funded projects are subject to the governing authority’s acquisition requirements. Federally
funded projects are governed per Federal Acquisition Regulation (FAR) Part 27, Patents, Data, and
Copyrights.5 Any exceptions to ownership rights should be clearly noted in the project contract(s),
documented in the BIM PxP, and approved by the Project BIM Team. Ownership of project data is
conveyed to the Owner at the time of project closeout. Owner reuse rights should be defined in the
Owner/stakeholder contracts. The Project BIM Team should review this guide, the BIM PxP, and the
project contract(s) to determine governing requirements and permissions and/or limitations for
ownership, conveyance, and/or reuse of data. The project contract conditions and terms take
precedence over this guide, and, as with all contract documents, it is advisable to seek the advice of
legal counsel.
Commentary:

When using this Guide to develop contracts between stakeholders regarding the use of BIM to plan,
design, construct and operate buildings, the information herein should not be considered a
substitute for legal, business, insurance or financial advice. Contracts may have important legal,
business, insurance and financial consequences. Each stakeholder or party to a contract is strongly
encouraged to seek the advice of attorneys, and business, insurance, and financial counselors and
advisers, as each stakeholder deems appropriate, when drafting, reviewing, and negotiating all
contracts and clauses including, but not limited to, all terms and conditions, contract and project
management requirements, intellectual property rights, and the electronic storage and transfer of
documents and data.
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2.1.4 Final Turnover Requirements
The Owner should consider the final deliverable requirements for project data. Owners should review
their current information needs for operations and maintenance, and establish data requirements that
support those needs. The Owner also should consider how BIM can support future facilities
management and operations, and develop requirements that support future needs as well. At a
minimum, major equipment should be described by facility attributes such as make, model,
manufacturer, and serial number. Additional attributes include warranty information, parts lists,
maintenance schedules, and manufacturer contact information.

2.2 TEAM ROLES AND RESPONSIBILITIES
2.2.1 Owner’s BIM Representative(s)
Especially for larger and more complex projects, the Owner should designate an Owner’s BIM
Representative. The Owner’s BIM Representative should have a clear understanding of BIM and the
OPR. The Owner's BIM Representative should, at a minimum:
 Represent the Owner’s requirements and be able to effectively communicate them to other
stakeholders.
 Serve as the primary liaison between the Owner and the Project BIM Manager(s) for all BIM‐
related issues.
 Have oversight of BIM requirements in all project phases, from planning through the
construction of the project, and at least the beginning of the operations phase.
 Receive, review, and approve BIM deliverables.

Figure 1. BIM Role and Responsibility Chart
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2.2.2 Project BIM Manager Role
The project should have a designated Project BIM Manager. The Project BIM Manager role may be
fulfilled by more than one person; for example, many projects have a lead design BIM Manager and a
lead construction BIM Manager (see Figure 1). The Project BIM Manager should have sufficient BIM
education and experience for the size and complexity of the project, as well as the relevant proficiency
in the proposed BIM authoring and coordination software selected for use on the project. In the
absence of an Owner’s BIM Representative, the Project BIM Manager should serve as the main point of
contact with the Project BIM Team for all BIM‐related issues.
During each phase of a project, the Project BIM Manager at a minimum should:
 Lead the process of creating and updating the BIM PxP in accordance with the OPR.
 Verify compliance of the PxP deliverables.
 Coordinate all updates for individual models, specialized models, and databases.
 Administer Project Quality Management and Data Security Management.
 Develop, coordinate, publish, and verify necessary configurations required for integration of
project data.
 Facilitate distribution of project data.
 Compile project data for review and coordination.
 Facilitate design review.
 Meet with relevant project stakeholders for review of turnover documents.
 Deliver model(s) and Facility Data to Owner for use in operations.

2.2.3 Discipline/Trade BIM Leads
Each discipline/trade should assign an individual to the role of BIM lead for the duration of the project.
These individuals should have the relevant BIM experience required by the complexity of the project.
The discipline/trade BIM lead maintains a continuous interface with the Project BIM Manager.
The responsibilities of the discipline/trade BIM leads for their respective discipline/trade include:
 Act as the lead BIM contact for the discipline/trade.
 Develop and manage exchange of models.
 Maintain and manage integrity of the model.
 Assume additional roles and responsibilities as defined to support the PxP and other
contractual requirements.
2.2.4 Collaboration
The Project BIM Team should not rely on information exchange as the sole means of project
communication; information exchange is not collaboration. The Project BIM Team should schedule
regular BIM coordination meetings during which team members meet to discuss design and
construction issues, using the model as a shared resource. The frequency of such interactions depends
on the project's goals, BIM Uses, and Project BIM Team members’ capabilities.
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Through the BIM project planning process, the Project BIM Team should agree on how and in what
ways the Project BIM Team members will collaborate using the BIM. All project stakeholders involved
with modeling should develop and agree to a project‐specific BIM PxP. This plan should include the
requirements for information exchange among the parties, as well as for expected interactions with
the model.

2.3 BIM PROJECT EXECUTION PLANNING
The BIM Project Execution Plan (PxP) is the central document for BIM implementation. This plan should
be authored by the Project BIM Team collectively, and onboarding processes should be developed for
Project BIM Team members who join the project after the initial plan has been developed. The steps of
BIM PxP include:

Figure 2. BIM Project Execution Planning Procedure6

The BIM PxP should contain all content necessary to document the process of implementing BIM on a
project. Specific BIM PxP content requirements can be found in Section 4.1 of this document.
Specifically, the team should develop plans and protocols to meet the OPR, including, as a minimum,
file sharing and data security.
2.3.1 File Sharing Requirements
The file sharing requirements will vary depending on the project’s BIM Uses. At a minimum, the PxP
should include a description of the:
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 File system(s) the team will use to exchange, merge, and visualize models
 Schedule for or frequency of model updates and clash detection checks
 Tools and process to be used for clash detection checking
 Process to be used to generate drawings from coordinated models
2.3.2 Data Security
Owners should apply their existing data security standards to BIM protocols. The Owner should
consider the security risks in terms of the protection of data. The Owner may wish to consider
including data restrictions procedures, such as check‐out and check‐in, as well as stipulating the degree
of access control for project participants. The Owner should require the Project BIM Team to complete
a Data Security Protocol that complies with data security requirements as defined below.
2.3.2.1 Data Security Protocol (DSP). As part of the PxP, the Project BIM Team should develop and
submit a Data Security Protocol (DSP) to the Owner that outlines security protocols to be implemented
for the project. The DSP should be approved by the Owner prior to commencing work. At a minimum,
the DSP should address:
 User access rights and permissions, outlining the various roles and degrees of access to the
data. Roles should correlate to those defined in this guide and the BIM PxP. The DSP also should
identify any additional user access required.
 Data protection, documenting how the data will be protected from:
o Accidental loss
o File Corruption (malware, viruses)
o Misuse/negligence
o Unauthorized conveyance
o Deliberate attack (internal or external)
 Data process and handling protocol procedures for:
o Exchange: How and with what frequency data will be exchanged. The DSP should align
with other requirements in the BIM PxP and provide more detail specific to data exchange.
o Maintenance: Describe the maintenance plan for all data sources, transmission devices,
and storage devices used for the project.
o Backup: Describe in detail the backup scheme implemented by the Project BIM Team,
including frequency and retention of backups.
o Archiving: Describe the storage, retrieval, and retention system to be used by the Project
BIM Team.

2.4 MANAGING PROJECT REQUIREMENTS AND DELIVERABLES
2.4.1 Quality Planning
The entire Project BIM Team is responsible for quality control. However, the team should specify roles
and responsibilities for model management and quality management for the project. The BIM PxP
includes the management strategies for implementing BIM Uses and requirements. Quality
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management processes should be used to ensure BIM is created for downstream uses of the model
data.
The quality standards for the modeling activities should be discussed in detail at the early stages of the
project. The following items should be developed by the Project BIM Team prior to the start of the
modeling activities:
 A clearly defined Quality Assurance (QA) and Quality Control (QC) section within the BIM PxP
 A detailed QA approach for monitoring the modeling process
 A detailed QC approach to test the final deliverables for compliance with the quality standards
Each QA and QC activity should identify a Project BIM Team member specifically responsible for
performing the task. The QA and QC approaches may also be incorporated into project contracts to
ensure compliance.
2.4.2 Quality Assurance
Quality assurance procedures should be defined to ensure that the Project BIM Team members are
performing the modeling process defined within the BIM PxP. The QA activities should also be
consistent with the contract. Minimum QA activities should include:
 Definition and validation of testing or prototyping process to verify the model meets the
minimum modeling requirements
 Validation of resource availability and capabilities to perform modeling activities
 Review of the information exchange definitions to assure that the deliverables are clearly
defined and unambiguous
Additional QA activities may include:
 Periodic reviews of the modeling procedures to ensure that the activities being performed are
consistent with the initial plan
 Documentation of the final modeling process for future reference by Project BIM Team
members
2.4.3 Quality Control
Quality control tests should be defined to verify that the project deliverables comply with the project
requirements. The Project BIM Manager should verify that all required deliverables are submitted and
appropriately distributed as defined within the BIM PxP and any additional contractual agreements.
The following QC activities should be performed on all project data delivered to the Owner:
 Verification of the file or data exchange metadata as defined within the BIM PxP to include (as
appropriate for the data exchange types):
o Date of submission
o File type (if file)
o File name (if file)
o Database access instructions (if there is database content)
o General description of content
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o Data schema (organization) of the file, including version, date created, and date modified
by buildingSMART International (as appropriate)
o Description of the data exchange standard (if an open standard)
 Validation of the proper file type, naming convention, and appropriate software version
 Validation of final submitted model files (content) against the information exchange standard:
o Manual validation of a specified sample of elements to verify that the information is
properly structured and accurate. The sample size may vary based upon the level of
criticality of the information element. The sampling procedure should be defined within
the BIM PxP
o Visual model inspection to review general model content
o Inspection of the coordinate system to ensure that all model files have a common
coordinate system
 Validation that model clashes have been resolved per the owners predefined minimum
requirements and the criteria established within the BIM PxP.
The tests should be performed within an agreed‐upon time before or after project milestones, as
specified by the contract.

Additional QC activities may include:
 Checks: All Project BIM Team members should check the modeling content that they receive
from other team members or the Owner to verify that the exchanges contain valid field entries
and the proper information elements. Project BIM Team members should report any unusual
information content.
 Project Data Submission Log: The Project BIM Team should develop and use a Project Data
Submission Log, which includes model/modeling compliance issues and corrective actions. The
Project BIM Manager should review the Project Data Submission Log, participate in
collaborative team resolution, and provide direction when needed.

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3. INFRASTRUCTURE AND STANDARDS

3.1 TECHNOLOGY INFRASTRUCTURE
For the purposes of this Guide, infrastructure is defined as the entire technology system used for a BIM
project. It broadly encompasses BIM as the digital representation of the physical and functional
characteristics of the built environment. The use of the term platform in this section applies to all
project‐relevant computing platforms (hardware and software), including but not limited to
computers, servers, network devices, backup systems, and file‐sharing systems, be they resident on a
local network or web/cloud based. Computing platforms are part of an Owner’s and other project
stakeholders’ technology infrastructure, along with networks and physical workspaces.
Computing platform generally and broadly applies to the computer hardware and operating systems
(OS) on which computer programs or software are designed to run. The Owner should consider current
hardware and OS, and software‐specific application capabilities that exist within his/her own
organization and the organization of other project stakeholders—as well as future hardware and OS
capabilities that are preferred or can be anticipated. Infrastructure requirements should be considered
for all project phases, from planning concept through what will be available during the facility
management and operations phase of the project. For each project phase, the Owner should consider
how information is created, stored, exchanged, secured, backed up or archived, and delivered, and
whether each should be localized, cloud‐ or web‐based, or a hybrid.
The Owner should require that any BIM‐related work products be:
 Compatible with the Owner's computer platform requirements
 Capable of supporting current and legacy file formats
 Agnostic (i.e., designed to be compatible across most common OS, hardware or software
systems), adaptable, and scalable with respect to potential future computing
 Able to support open, consensus standards to maximize future compatibility
Additionally, the Owner should consider requiring the Project BIM Team to use specific technology
infrastructure to support the Owner’s overarching business and project goals.
All technology infrastructure used for a project should be documented in the BIM PxP.

3.2 STANDARDS
3.2.1 Categories of Standards
The Owner should consider three broad categories of BIM standards: Organizational (internal)
Standards, Primary Standards, and Reference Standards. Organizational Standards and Primary
Standards for BIM (or appropriate portions of them) should be cited in the Owner's contract language
with other stakeholders as the minimum acceptable standards when BIM is used and BIM deliverables
are required. Merely citing the standard by name in a contract will not ensure that any use of BIM on a
project or BIM deliverable required will meet an Owner's current and future needs.
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3.2.2 Standards in this Guide
The following standards should be used when applying this guide. Where the Owner already has
Organizational Standards and OPRs or other agency‐specific requirements that reference these
standards or modify them, those standards should be used in conjunction with the guidance provided
here. For dated references, only the edition cited applies. For undated references, the latest edition
(including any amendments) applies.
The National BIM Standard– United States® (NBIMS‐US™) Version 3 (V3), developed by the National
Institute of Building Sciences buildingSMART alliance®, contains core consensus‐approved standards
regarding the exchange of information and standard practices for implementing BIM on a project. In
addition to NBIMS‐US™ V3, the buildingSMART International has developed multiple open information
exchange standards. All information exchanges that require an open, standard format should comply
with the information exchange standards approved within NBIMS‐US™ V3 or approved by
buildingSMART International. The current approved information exchange standards include:
 Construction to Operations Building information exchange (COBie) (NBIMS‐US™ V3)
 Design to Spatial Program Validation (SPV) (NBIMS‐US™ V3)
 Design to Quantity Takeoff for Cost Estimating (NBIMS‐US™ V3)
 Design to Building Energy Analysis (BEA) (NBIMS‐US® V3)
 Building Programming information exchange (BPie) (NBIMS‐US™ V3)
 Electrical System information exchange (Sparkie) (NBIMS‐US™ V3)
 Heating, Ventilation and Air Conditioning information exchange (HVACie) (NBIMS‐US™ V3)
 Water System information exchange (WSie) (NBIMS‐US™ V3)
 IFC 2x3 Coordination View (NBIMS‐US™ V3) (http://www.buildingsmart‐
tech.org/downloads/view‐definitions/coordination‐view/sub‐
schema/CoordinationView_V20_EntityList_IFC2x3_Version16_Final.pdf)
These standards are available at no cost on the NBIM‐US™ V3 website,
https://www.nationalbimstandard.org [login required]
Commentary:
Standards, as used in this guideline, are documents created to establish minimum levels of quality or
achievement that are acceptable. Mandatory standards are those that have been formally adopted by a
code agency or government entity (authority) such as municipalities, state or federal agencies, or
departments. Voluntary standards are those non‐mandatory standards used by Owners and other
organizations and industries to set minimally acceptable standards of quality and achievement.

BIM is not a mandatory requirement in the United States. However, numerous countries around the world
are beginning to write BIM requirements into their local and federal codes and statutes.

This section addresses the standards that Owners should reference when requiring BIM. These
requirements include, but are not limited to, the Owner’s internal policies, procedures, and requirements
(Organizational Standards), as well as Primary and Referenced Standards. The Owner should include these
standards in the OPR.
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Approved by buildingSMART International but not yet included in NBIMS‐US™ V3 are:
 IFC4 Reference View (buildingSMART International)
www.buildingsmart‐tech.org/specifications/ifc‐view‐definition/ifc4‐reference‐view7
 IFC4 Design Transfer View (buildingSMART International)
http://www.buildingsmart‐tech.org/specifications/ifc‐view‐definition/ifc4‐design‐transfer‐
view8

The NBIMS‐US™ V3 also outlines a standard procedure for the development and documentation of a
BIM PxP. (See NBIMS‐US™ V3, Section 5.3: BIM Project Execution Planning Guide.) The Project BIM
Team should follow this standard planning approach and document format.

NBIMS‐US™ V3 also outlines by reference common information classifications defined within the
OmniClass tables. When applicable, these information classification tables should be used to maintain
standard information terminology and classifications.

In addition to NBIMS‐US™‐V3, there are other important standards that should be considered,
including ISO 16739:2013,9 which outlines the data schema for the Industry Foundation Classes, an
open data schema for storing information regarding a building project. The United States National CAD
Standard® (NCS) Version 6 (V6) should also be used to ensure that the final design documentation
complies with standards.
These standards sometimes can cover similar subject areas. While areas of overlap or conflict should
be identified in the BIM PxP, it is possible for inconsistencies between the documents to come to light
during the project. In these instances, the Project BIM Manager should be notified immediately. In
response, the Project BIM Manager should determine, in consultation with the Owner and other
stakeholders, which document will take precedence or whether amendments are required.
Where an OPR is unique and its Organization Standards differ or are more stringent than the minimum
requirements established by referencing the NBIMS‐US™, the NBIMS‐US™ and its referenced standards
should be formally extended, modified, and supplemented by clear and specific language in the
Owner's contracts with other stakeholders.

3.2.3 Open Standards Format for Supporting Information
To ensure the life‐cycle use of building information, information supporting common industry
deliverables should be provided in open standards, along with their native file formats where
applicable. The formats used should be specified in the BIM PxP and should include the following
standards as appropriate:
 Industry Foundation Class (IFC), Model View Definition (MVD) formats. Three most commonly
used model views are: Coordination View, COBie, and GSA Design to Spatial Program
Validation10.
 Additional open standard formats, such as gbXML11.
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For those contract deliverables whose open standard formats have not yet been finalized, the
deliverable should be provided in a mutually agreed upon format that allows the reuse of building
information outside the context of the proprietary BIM software.

3.3 SPACE AND GRAPHICAL STANDARDS
3.3.1 Owner‐Specified Guidelines and Standards
The Owner should specify any additional guidelines and standards for drawings and spaces. Rooms and
spaces should adhere to the format as defined therein.12
3.3.2 Drawing
The United States National CAD Standard® (NCS) should be incorporated by reference. Graphical
output from BIM should comply with the NCS per the clarifications outlined in its BIM Implementation
Section. Sheet sets should be organized and numbered per the NCS. All annotation symbol
requirements therein should be adhered to.
3.3.3 Sheet Layout
In addition to the sheet layout requirements in the NCS, all sheets should maintain a consistent size
and orientation throughout the set. Title block borders should maintain the same positioning on each
sheet to allow for overlay and appropriate printing of the extents of the sheet.
3.3.4 Areas/Rooms/Spaces
Identifying tags and schedules for areas, rooms, and spaces should comply with the NCS.
3.3.5 Digital Documentation and Archiving
Copies of all approved submittals and other documents normally provided in traditional paper‐based
formats should be provided Portable Document Format (PDF) format, or other open electronic
document format. Documents authored directly by the Project BIM Team should be transformed to
PDF to allow searching of the documents and selection of text within the document. Documents
authored by others, but used by the Project BIM Team (such as manufacturer product data sheets),
should be provided as PDFs made available by the manufacturer. If not available as PDFs from their
authors, the documents should be scanned to create PDF documents. PDFs should comply with the
following ISO Standards:
 ISO 19005‐3 (2012): Document management—Electronic document file format for long‐term
preservation—Part 3: Use of ISO 32000‐1 with support for embedded files (PDF/A‐3).13
 ISO 32000‐1 (2008): Document management—Portable document format—Part 1: PDF 1.7.14
Commentary:
This section identifies standards and requirements for graphical output and/or paper printing.
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PDFs of construction documents should comply with the Guideline for Construction PDF Documents15
available from the Construction PDF Coalition. Additionally, the Construction PDF Coalition provides a
web form for customizing the requirements on its website.

3.4 FILE STRUCTURE

Well‐run BIM PxP and project data have well‐defined project file naming and folder organization
standards. The folder structure should be defined in the PxP. The project file sharing system should
have the high level branches of the folder structure pre‐populated in the system at the beginning of
the project.

Since record documents will be distributed through the folder system, the project folder organization
should align with the division of responsibilities of the stakeholders. It is beneficial to establish a file
permission strategy on the shared folder system, where only appropriate organizations in the project
have write permissions within their assigned folders, and the remainder of the team has read‐only
permission. At the highest level, the folder system should be controlled by the project administration.

File naming conventions similarly are needed to establish coherency of project documentation and
simplify high level understanding of the file contents. The file naming system may identify a set of data
fields to be contained in the file name. A typical file standard will establish a clear order on file name
attributes with a reserved delimiter such as underscore (_) to identify the divisions between fields. The
NCS provides a proposed naming convention for files, including standard contract documents
https://www.nationalcadstandard.org/ncs6/
3.4.1 Owner‐Specified Requirements
The project should comply with any Owner‐specified platform requirements. The following sections are
provided as examples for Owners who do not have predefined requirements. Regardless of the
requirements used, the naming conventions should be consistent.
3.4.2 Folder Naming
Folder names should be numbered or alphabetized to control order. Folder names should be clear
indicators as to what the folder contains (e.g., a folder for Models could be named 07_ Models).
3.4.3 File Naming
File names should contain a discipline designator (such as “A” for Architectural) as defined in the NCS.
Custom naming schema should be clearly documented in the BIM PxP.
 Sheet file names (regardless of file format, such as PDF) should comply with NCS, unless
otherwise dictated or allowed by the Owner. At a minimum, they should include the sheet
number (e.g., A‐101.PDF)
 Model file names should contain discipline designator within the name, as outlined in the NCS
(e.g., A‐FP01.ext).
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3.4.4 Component Naming Conventions
The naming conventions used for the following should be documented in the BIM PxP: e.g.
Systems/Elements/Objects/Components/Parameters.
3.4.5 Submittal Package
All files should be organized and stored in an appropriately named folder as part of the submittal
package. The submittal package should contain the deliverables as outlined in this document, the BIM
PxP, and the project contract(s). The submittal package should also contain any support, source,
reference, and/or linked files necessary to maintain file integrity.
3.4.6 File Sharing
The Owner should require that the team use a model sharing system. If the Owner does not designate
a system, then the Project BIM Manager should provide a model sharing system for the sharing of
individual and merged models. The model sharing system should consider:
 Project BIM Team access, including real‐time access and synchronization of models
 Automated versioning of models
 Data security
 Maintenance and archiving of the previous model versions
 Permission‐based access for each team member to upload their models
3.4.7 Data Transmittal Requirements
At a minimum, all transmitted data should include the following printed on the media or included as
metadata as applicable per media type (i.e., CD/DVD would have printed labels, whereas model files
would include metadata):
 Project title
 Project location
 Contract number
 Designer(s) of record and/or contactor(s) (general or sub)
 Classifications for the data (i.e., sensitive, classified, etc.)
 Contents of the transmittal, including date created, date modified, version, etc.
 Author and/or responsible individual
 Recipient(s)
Any additional information required by the Owner or identified in the BIM PxP should be included.

3.5 MODEL STRUCTURE
Model structure defines the highest level of decomposition (breakdown into component parts) of the
digital model(s). Model structure should align with the Owner's Project Requirements (OPR) and
selected BIM Uses, as defined in NBIMS™‐V3 Section 5.9: The Uses of BIM.
If, for technological limitations or work share requirements, the model must be decomposed to a
structure below a single building, then each model should be clearly denoted as a portion of a building,
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and one composite model per building should be provided for each deliverable. Separate model files
(i.e., discipline‐specific or separated by level, etc.) are insufficient as a final deliverable. A holistic
composite model is necessary, even if the composite model is only used as a container for links and/or
references (i.e., a means of packaging all related files for delivery).
The model structure should be clearly defined in the BIM PxP.

3.6 MODEL REQUIREMENTS
The Owner should develop or adopt/adapt well‐defined contract requirements to ensure the project
model data requirements are met. The BIM Contract Requirements should address model
requirements such as modeling responsibility, the modeling process, minimum model contents, Facility
Data to be captured, and Level of Development (LOD). Because proper BIM planning at project
inception is imperative to success and demands thorough understanding, it is recommended that the
Owner procure the services of a specialized BIM consultant or identify one of the contracted parties to
assist in identifying and defining the model/modeling requirements.
Alternatively, the Owner could consider following the example of successful Owner implementation of
BIM requirements within NBIMS‐US™ V3, Section 5.8: Practical BIM Contract Requirements, which
outlines BIM Contract Requirements developed by the United States Army Corps of Engineers (USACE)
to “ensure consistent and usable BIM project deliverables and BIM process. These BIM Contract
Requirements consist of Contract Language, a Project Execution Plan (PxP) Template, and a Minimum
Modeling Matrix (M3).”16
If the USACE M3 is adapted for use, it should reflect the Owner’s particular requirements and
objectives, specifically in the Instructions (Tab 2), Phasing (Tab 3), and Model Element LOD/Grade
goals. Once the template is complete, the tables should be restricted to read‐only for the project
(unless project‐specific variations are specifically desired and permitted in the contract).
It should be understood that with any BIM Contract Requirements—developed or adopted and
adapted—there may be an information gap between what is required for the final BIM deliverables to
the Owner and what is required for each team member to perform their required and/or
recommended BIM Use. It is the responsibility of the individual members of the Project BIM Team to
provide the information necessary for the project’s selected BIM Uses.
Generally, BIM should include the necessary process and content to produce accurate construction
documents (e.g., plans, elevations, sections, schedules, and integrated specifications) and Record
Model project data (e.g., equipment, manufacturer, and model number).
3.6.1 Modeling Responsibility
Project stakeholders’ modeling responsibilities should be clearly defined within the BIM PxP. Each
model element should be assigned to a Model Element Author (MEA) and a corresponding LOD for the
element clearly defined; consequently, each MEA is required to provide the elements at the LOD
specified in the BIM PxP or a corresponding LOD worksheet. Each MEA is responsible for attaching any
data or metadata to the model elements as required by the contract, BIM PxP, or as needed to
facilitate the project’s selected BIM Uses.
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Model elements are most typically assigned to a MEA that also has the design or construction
responsibility of the element. For example, a structural engineer or modeler is typically the MEA for
structural slabs during the design phase. Models are typically divided by discipline or trade. As such, it
is important that not only the MEA is identified for any given element but also the model in which the
element is to reside. While there may be a duplication of some elements across multiple models, an
MEA and LOD worksheet identifies the source responsible for the information and, therefore, that
source is considered to be accurate and reliable.
3.6.2 Modeling Process
The project participants should fully implement industry‐ and software vendor‐identified best practices
and workflows for all aspects of modeling. These include, but are not limited to, using 3D geometry for
representing physical characteristics of project and facility components and elements, using relevant
object categories when possible, adding sufficient attribute information to elements, following proper
naming conventions for all levels and types of data and metadata, and setting up shared resources and
parameters to enable automatic display or extraction of model information to other formats (e.g.,
schedule or tabular formats).
Model elements should be used to produce representations shown in graphical legends and should
match the graphical representations shown in other views and drawings. Model elements requiring a
host or connection to some other component should be done within the same model whenever
possible (e.g., a door is not freestanding but requires a wall as its host, so both door and wall should
reside in the same model). Consideration should be given to how project phasing, display of content by
other discipline/trade models, and workflows or features associated with specific software will be
executed. The overall process utilized should be documented in the BIM PxP.
Modeling process requirements should not be overly prescriptive, but the general and minimum
expectations should be established and responsibilities clearly defined as part of the BIM PxP.
Generally, the modeling process and responsibilities should include:
 Use of a standardized classification system organized according to NBIMS‐US™ Section 2.5:
OmniClass Table 21 Elements
 Use of IFC‐compliant software (within one version of the latest certification available)
 Use of BIM software (within one release version of the latest available) that is capable of
meeting the OPR per project‐specific selected BIM Uses
 Use of the appropriate tool(s) within the BIM software selected to create or document the
building element being represented
 The model(s) should remain current and represent design intent. The Project BIM Team should
update the model(s) with any revisions as required to complete the work, or at a minimum, at
each project milestone.
The Project BIM Team should document the choice of platform in the BIM PXP.
While the modeling process and corresponding models may vary per project, the following graphic is
an example of typical model progression across project phases and could serve as an information flow
map for an Owner implementing BIM requirements.

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Figure 3. Lifecycle Model Requirements: A Sample Process

Project BIM Team members should use BIM application(s) and software(s) to develop and document
the project. Design professionals should create the Design Intent Model(s) and use them to produce
accurate construction documents. Construction professionals should use the Design Intent Model(s)
and the construction documents as a starting point for developing the Model(s). Similarly as the
Construction Model(s) are progressed during construction, they serve as the basis for Project Data
(which oftentimes includes tabular or textual‐based information). Also during construction, the various
Construction Model(s) combine to develop an As‐Built model that captures more‐detailed construction
conditions (e.g., trade‐specific fabrication models). As the project progresses, the As‐Built Model—
along with the continual stream of project correspondence and information back to the Design
professionals—facilitates the update of the Design Intent Model(s) into a Record Model. The
construction model typically has highly detailed components that are not always an efficient source of
information for operations and maintenance; hence the Record Model is developed from the Design
Intent Model to provide a lightweight model. In general, the Record Model, along with the As‐Built
Model and Project Data, provides facilities management personnel with varying degrees of information
in multiple formats to best support FM uses and activities.

3.6.3 Model Contents
Models and corresponding elements or sub‐elements should be modeled at full scale (1:1) using actual
(not nominal) dimensions. Models should include all content necessary to meet the requirements in
the BIM PxP. Further content may be specified in the BIM LOD. General considerations for model
content requirements include the following:
 Models should include all system components and connection points to utilities and/or
components, whether site or building related. These components should include all information
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parameters and annotations required to produce accurate drawings, details, schedules, and
sheets.
 All Furniture, Fixtures, & Equipment (FFE) should be properly identified by make, model
number, and building/department/room or space in which it resides.
 Clearance zones required for code compliance, access (such as needed for equipment, hatches,
and panels), safety, maintenance, gauge reading, and other operations should be modeled.
 Any required layer of the systems, for example, insulation, double layered systems, or
enclosures should be modeled.

3.6.4 Project Data
The Project BIM Team should develop Project Data for all elements that make up the model (e.g.
doors, air handlers, electrical panels, etc.). This Project Data should include all material definitions and
attributes that are necessary for the project planning, design, construction, and operations. All
elements should be assigned the proper classification and category. All life safety and fire protection
components and systems should be clearly identified as such. Minimum Project Data requirements
should be identified in the BIM PxP.

3.6.5 Level of Development (LOD)
The Owner should define the desired LOD for BIM content that enables the project’s specific
organizational and project goals. The Owner may elect to reference an LOD standard holistically for all
model content, or require a specific LOD per model or model element and by discipline, trade, and/or
phase. When implementing an LOD, the Owner can use the default LOD, a template LOD, or develop a
custom LOD. It should be understood that BIM cannot be successfully accomplished without some LOD
defined for each model deliverable, which is typically recorded in a spreadsheet or worksheet. In
general, the standard LOD definitions are defined in the BIMForum LOD Specification 2015, which is
available as part of NBIMS‐US™V3.17
Default LOD: If the Owner elects to reference an existing LOD without making modifications, use of the
USACE Minimum Modeling Matrix (M3) is recommended, as it defines a minimum LOD of elements for
a design model and a Record Model deliverable.
Template LOD: Several LOD templates are available to the Owner, but it is recommended that the
Owner use a nationally recognized form. The Owner may adapt the USACE M318, use the AIA G‐202 –
2013 document19, or implement the Penn State University Model Element Matrix20 or the PSU Project
Execution Planning Guide.21 Alternatively, the Owner may elect to use the worksheet provided with the
BIMForum LOD Specification 2015 Model Element Matrix.
Custom LOD: Owners may elect to develop his/her own LOD Matrices identifying LOD and model
element authors for models or model elements. Owners should adhere to the BIMForum LOD
Specification 2015 definitions to avoid confusion among the Project BIM Team members.
At a minimum, BIM content should be developed to an adequate level to support:
 Establishment and communication of design intent
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 Necessary content for construction documents
 Overall BIM requirements developed by the Owner
 Optional BIM requirements from this Guide chosen by the Owner
 Essential BIM Uses as identified in Section 4.2.2 of this document
 Enhanced BIM Uses that the Owner selects from Section 4.2.3 of this document
 Additional data and metadata necessary to achieve additional BIM Uses as documented in the
BIM PxP
In summary, diligence should be given during project planning to select appropriate BIM Uses and
develop a detailed BIM PxP, as these are the impetus for determining and assigning an adequate LOD.

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4. EXECUTION

4.1 BIM Project Execution Plan (PxP)
BIM Project Execution Planning is “a process performed by a Project BIM Team to design the execution
strategy for implementing BIM on the project. The final product of the execution planning process is a
documented BIM Project Execution Plan (PxP).”22 To maximize the effectiveness of BIM, the execution
plan should be designed in the early stages of a project and focus on the decisions required to define
the scope of BIM implementation on the project, identify process impacts of using BIM, define the
team characteristics needed to achieve the modeling, and quantify the value proposition for the
appropriate level of modeling at the various stages in the project life cycle.
4.1.1 Development of the BIM PxP
The BIM PxP, created early in the project, should be considered a living document that evolves
throughout the project. The BIM PxP should be developed and refined by the Project BIM Team to
document the collaborative process of how BIM will be executed throughout the project life cycle.
The initial version of the BIM PxP should be developed by the Project BIM Manager, assisted by the
Owner and the Project BIM Team (as referenced in NBIMS‐US™ V3, Section 5.4), to detail the BIM
requirements for the project. It should be submitted for approval to the Owner.
The BIM PxP should be refined by the entire Project BIM Team as design progresses. If a contractor is
not procured for preconstruction services, the design team and Owner should develop the
collaborative BIM PxP and coordinate with the contractor when the contractor is procured.
The BIM PxP should be reviewed and coordinated with the entire Project BIM Team prior to
construction and submitted to the Owner for final approval. The BIM PxP should be reviewed with
specialty contractors prior to execution of their contracts. Any revisions to the BIM PxP should be
submitted to the Owner for final approval.
The Project BIM Team should use the PxP template in the NBIMS‐US™ V3, Section 5.4: BIM PxP
Content, which identifies the minimum BIM requirements to develop an acceptable BIM PxP. The PxP
should specify how different versions of the model will be stored and retrieved as the project
progresses.

Commentary:
The BIM PxP should be developed to provide a master information/data management plan and assignment of roles
and responsibilities for model creation and data integration at project initiation. The team members and Owner
should jointly agree on how, when, why, to what level, and for which project outcomes BIM will be used.

In those projects where construction information is available during the design phase, the BIM PxP would address
both design and construction activities. The BIM PxP should be considered a living document and should be
continually developed and refined throughout the project development life cycle.
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4.2 BIM Uses
4.2.1 BIM Use Definition
A BIM Use is a method of applying Building Information Modeling during a facility's life cycle to achieve
one or more specific objectives. 23 The nature of BIM technology allows different Owners to use the
model in multiple ways, depending on their projects’ specific needs. As the project moves from phase
to phase, the information contained within the BIM grows in both quantity and specificity.

Figure 4. Minimum BIM Example

Commentary:
BIM Uses can be broadly categorized into authoring tools, auditing tools, and analytic tools. Some applications
are designed or written to address a single task. Other uses are written to perform multiple tasks and are often
referred to as “integrated software tools.” The BIM Uses listed below can be either single‐task applications or be
part of integrated software tools.

BIM Uses focused on single tasks should be interoperable with the other BIM Uses used on a project.
“Interoperability” is the ability of diverse systems and organizations to work together (inter‐operate).
Interoperability can be used in a technical systems engineering sense, or in a broader sense, including social,
political, and organizational factors that affect system‐to‐system performance.

Interoperable BIM Uses are software programs designed to use the inputs and outputs of other BIM
applications to perform the task and generate the output that the BIM Use being applied was designed to
perform. Interoperable software reduces the amount of time required to manually exchange information and
input it into single‐task software. It also minimizes the risk of data transfer errors often caused by manual
information exchange methods.
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BIM Uses are characterized in this Guide as Essential BIM Uses, Enhanced BIM Uses, and Owner‐
Related Uses of BIM. The brief definitions below have been extracted and enhanced from the BIM
Project Execution Planning Guide and the BIM Planning Guide for Facility Owners. BIM Uses should be
considered and aligned with project goals, selected based on added value to the Owner, and clearly
documented in the BIM PxP. This guide uses the term “building” generically, in keeping with the
terminology of “Building Information Modeling.” It is intended to apply to information modeling for
the built environment: site elements and facilities as well as buildings.
4.2.2 Essential BIM Uses
The following BIM Uses should be applied on all projects:
 Existing Conditions: A process in which the Project BIM Team develops a model (geometry and
information) of the existing conditions for a site, facilities on a site, or a specific area within a
facility. This model can be developed in multiple ways, depending on what is desired and what
is most efficient. Once the model is developed, it can be queried for information and can be
modified.

 Design Authoring: A process in which software is used to develop a BIM of the design. Design
authoring tools are a first step toward implementing BIM, and the key is integrating the
geometric representation of elements in the model with element properties. Construction
drawings should be produced from and remain consistent with the models.

 Design Review: A quality management process in which a model is used to allow stakeholders
to verify whether the design meets the OPR and to visualize criteria such as layout, sightlines,
lighting, security, ergonomics, acoustics, textures and colors, etc. Virtual mock‐up can be done
in high detail, even on a part of the building, such as the façade, to quickly analyze design
alternatives and solve design and constructability issues. If properly executed, these reviews
can resolve design issues.

 Coordination: A process in which model elements can be organized and coordinated, and clash
detection software can be used to identify conflicts between model elements within the BIM.

 Record Modeling: A process in which a model contains an accurate depiction of the physical
and functional conditions and environment of a facility and its assets at a point in time. With
the continuous updating and improvement of the Record Model and the capability to store
more information, the model contains a true depiction of space with a link to information, such
as serial codes, warranties, and maintenance history of all the components in the building.
Eventually, the Record Model also contains information linking pre‐build requirements to as‐
built conditions. This allows the Owner to monitor the project relative to the OPR.
4.2.3 Enhanced BIM Uses
 Cost Estimating: A process in which a model can be used to generate an accurate quantity take‐
off and cost estimate early in the design process and provide cost effects of additions and
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modifications, with the potential to save time and money and avoid budget overruns. This
process also allows designers to see the cost effects of design modifications in a timely
manner.24

 Phase and 4D Planning: A process in which a four‐dimensional (4D) model (a model with the
added dimension of time) is used to effectively plan the phased occupancy in a renovation, or
to show the construction sequence and space requirements for laydown areas and temporary
construction on a building site. 4D modeling is a powerful visualization and communication
tool that can give a Project BIM Team a better understanding of project milestones and
construction plans. (See also Construction Systems Design).

 Site Analysis – Development: A process in which BIM and GIS tools are used to evaluate
properties in a given area to determine the most optimal site location for a future project. The
site data collected is used to first select the site and then position the building based on the
OPR.

 Site Utilization – For Construction: (See Phase and 4D Planning).

 Digital Fabrication: A process that uses machine technology to prefabricate objects directly
from a model. The model is used as input into manufacturing and fabrication equipment for
production of components, systems, and assemblies.

 3D Location and Layout: A process that utilizes a model to lay out the building assemblies and
produce lift drawings, which are the two‐dimensional (2D)/three‐dimensional (3D) component
drawings used by forepersons during site construction.

 Engineering Analysis: The integrated and/or interoperable tools that allow the use of the
physical and material properties of project elements, assemblies, and systems within the model
for engineering analysis, simulation, and documentation. Examples include structural
engineering, energy analysis, daylighting, HVAC, plumbing, fire protection, life safety, and
electrical systems design and documentation.

 Sustainability Analysis: The integrated and/or interoperable tools that allow the use of the
physical and material properties of building elements, assemblies, and systems within the
model for developing sustainable design elements. Examples include documenting sustainable
features and attributes and documenting sustainable features for compliance with building
rating systems.

 Codes and Standards Compliance: A process in which validation software is used to check the
model parameters against applicable codes and standards. Code and standard validation is
currently in its infant stage of development within the United States and is not in widespread
use. However, as model checking tools continue to develop code and standard compliance
software with more codes and standards, validation should become more prevalent within the
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design industry. Examples may include building code compliance, energy code compliance,
accessibility compliance, etc.

 Construction Systems Design: A process to design and analyze the contemporary systems (e.g.
formwork, glazing, tie‐backs, etc.).

4.2.4 Owner‐Related BIM Uses
 Asset Management: A process in which project data is linked to a Record Model to aid in the
maintenance and operation of a facility and its assets. These assets, consisting of the physical
building, systems, surrounding environment, and equipment, must be maintained, upgraded,
and operated at an efficiency that will satisfy both the Owner and users in the most cost‐
effective manner.

 Disaster Planning and Management: A process in which emergency responders have access to
critical building information in the form of a model and information system. The BIM provides
critical building information to the responders to improve the efficiency of the response and
minimize the safety risks. The dynamic (real time) building information could be provided by
building automation systems (BAS), life safety (fire alarm and fire protection), and security
systems, while the static building information, such as geometry, floor plans, points of egress
and access, and equipment schematics, reside in a model. These systems are integrated and
made interoperable so that emergency responders can link to an overall system. The BIM—
coupled with the BAS, life safety, and security systems—clearly displays where the emergency
is located within the building, possible routes to the area, and any potentially hazardous
locations within the building.

 Space Management: A process in which BIM is used to effectively distribute, manage, and track
appropriate spaces and related resources within a facility. A model allows the facility
management team to analyze the existing use of the space and effectively apply transition
planning management towards any applicable changes. Maintenance scheduling is a process in
which the functionality of the building structure (walls, floors, roof, etc.). and equipment
serving the building (mechanical, electrical, plumbing, etc.) are maintained over the operational
life of a facility.

4.3 Model Deliverables
The project execution plan should clearly define the deliverables that are to be transmitted to the
owner at the completion of construction. These deliverables may include a design intent model in
both native and open standard format; a construction model; and operations and maintenance data
(see Figure 3). The model content for each of these deliverables should be clearly defined within the
contract documents for each responsible party, as well as in the BIM PxP. The following sections
provide a description of each deliverable.

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Design Intent Model: The Model(s) from the design team that captures the intended design. This
model is used for project BIM Use execution, digital design mock‐ups, decision support, and
coordination. The approved model is a contract document for submission to the Owner and for
construction handover.

Construction Model: The Model(s) based on criteria that relates the facility’s fabrication and
construction. These models are developed from the Design Intent Model during construction
coordination. The files are typically combined using a cross‐platform 3D model viewing software to
accommodate subcontractor file formats and a higher LOD. This new information is reviewed by the
design team for approval.

As‐Built Model: The Model(s) capturing conditions at the completion of construction. It should be
initially based upon the Design Intent Model and increasingly incorporates project information as
construction progresses.

Record Model: The Model(s) prepared for operations and maintenance. Typically the Design Intent
Model is used as a baseline and then is updated to incorporate all the changes during construction.
This is intended to be a “lightweight model” with enough detail to enable facilities management
operations without overly detailed elements. This model may also include laser scan data. The Record
Model will contain accurate attribute data on major equipment and systems for facilities management
documented in the BIM PxP. The Record Model typically is updated by the designer from information
provided by the contractor (e.g., digital mark‐ups, photography, and laser scans). It may be used
during commissioning or updated to reflect commissioning data.

Operations and Maintenance Data: This deliverable includes asset inventory with asset name,
classification, and location. Owners should consider operations and maintenance data deliverables to
include attributes such as make, model, and serial number of key components. Construction
Operations Building information exchange (COBie), is an example of facilities data exchange (as
referenced in NBIMS‐US™ V3, Section 4.2.)
The Project BIM Team should provide deliverables in compliance with the phases described in the BIM
PxP. At each phase, the Project BIM Team should provide a written report confirming that consistency
checks, as identified in the Quality Management section of the BIM PxP, have been completed. This
report should be discussed as part of the review process and should address any identified
interferences and constructability issues.
The Project BIM Team should provide the Owner with the following, as identified in the BIM PxP:
 Updated BIM PxP
 2‐D drawing deliverables printed directly from the model in PDF format. Documents are to be
stamped and signed in traditional practice to comply with the Owner Design and Construction
Standard and local permitting requests.
 Construction Model(s) per discipline
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 A 3‐D interactive review format of the model in the latest version of software, as required in
the BIM PxP. The file format for reviews can change between submittals.
 Construction Submittals. All construction submittals, requests for interpretation (RFIs), and
change order requests (CORs) should make use of the model for clear interpretations.
 Record model(s)
 A report generated from the model of all assets and attributes
 A report verifying the model/modeling compliance with Owner Project Data exchange
requirements
 A report verifying the accuracy of the delivered model elements and asset attributes
 An interference (clash detection) check report
 A list of all submitted files. The list should include a description, directory, and file name for
each file submitted. Identify files that have been produced from the submitted model and
Project Data.

The BIM PxP should define additional model deliverables for the project. Deliverable deadlines should
be aligned with project milestones, for example:
 Schematic Design
 Detailed Design
 Construction Documents
 Bid/Procure
 Contract
 Notice to Proceed
 Construction
 Substantial Completion
 Commissioning
 Final Inspection
 Occupancy/Operations and Maintenance
 10‐Month Warranty Review

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5. GLOSSARY
(Please note that references to “model” and any related requirements refer to individual models, such
as a particular discipline/trade model, as well as to composite or federated models.)

As‐Built Model: The model(s) capturing conditions at the completion of construction. It should be
initially based upon the Design Intent Model and increasingly incorporates information as construction
progresses.

Attributes: descriptors that represent the characteristics of elements (e.g., name, length, weight, price,
manufacturer, model, warranty information, etc.)

BIM Element Matrix: A structure that defines the elements to be modeled for each phase of the design
and construction process.

BIM Project Execution Plan (PxP): A plan that defines how BIM will be implemented throughout the
project life cycle.

BIM Use: A method of applying Building Information Modeling during a facility's life‐cycle to achieve
one or more specific objectives, as defined by Kreider, R., and Messner, J. I. The Uses of BIM (2013).
Pennsylvania State University, University Park, PA. http://bim.psu.edu

Building Information Model (BIM)/Model, as defined in the National BIM Standard – United States®
Version 3: The digital representation of physical and functional characteristics of a facility. As such it
serves as a shared knowledge resource for information about a facility, forming a reliable basis for
decisions during its life cycle from inception onwards.”

Construction Model: The model(s) based on criteria that relates the facility’s construction.

Construction Operations Building information exchange (COBie), as defined in the National BIM
Standard – United States® Version 3: The format for the exchange of information about building assets
such as equipment, products, materials, and spaces.

Data Security Protocol (DSP): A definition of the security requirements for data to be implemented for
the project and incorporated into the BIM PxP.

Design Intent Model: The model(s) from the design team that captures the intended design.
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Industry Foundation Class (IFC): The Industry Foundation Class (IFC) is a data standard (specification)
maintained by buildingSMART International and accepted as ISO Standard 16739. It is intended to
allow the exchange of building and construction industry data between software applications. It is a
platform neutral, open file format specification that is not controlled by a single vendor or group of
vendors.

Level of Development (LOD) (as defined the BimForum website, November 2015): The degree to which
the element’s geometry and attached information have been thought through—the degree to which
Project BIM Team members may rely on the information when using the model.

Model: See Building Information Model.

Model Element: A portion of the model(s) representing a major component, assembly, or construction
entity (part) which, in itself or in combination with other parts, fulfills a predominating function of a
construction entity.

Model Element Author (MEA): The party responsible for creating or updating any given model
element.

Model View Definition (MVD): An IFC View Definition, or Model View Definition, MVD, defines a
subset of the IFC schema that is needed to satisfy one or many exchange requirements of the building
industry. The method used and propagated by buildingSMART to define such Exchange Requirements
is the Information Delivery Manual, IDM (also ISO/DIS 29481). An IFC Model View Definition defines a
legal subset of the IFC Schema (being complete) and provides implementation guidance (or
implementation agreements) for the IFC concepts (classes, attributes, relationships, property sets,
quantity definitions, etc.) used within this subset.

OmniClass™: A classification system for the construction industry.

Owner: Person or entity that represents and controls financial interests of a property, building, or
development.

Owner’s Performance Requirements (OPR): The Owner's written documentation of the functional
requirements of the building and expectations of how it will be used and operated. They include
project and design goals, budgets, limitations, and schedules.

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Organizational Standards: Standards unique to every Owner and include the Owner's written policies,
procedures, and processes. The Owner is encouraged, when creating any Organizational Standards that will
be used as part of the contract language, PxPs, and OPRs, to document them in writing, especially when it
comes to expected outcomes and deliverables.

Primary Standards: Standards written typically by local, national, and international organizations and
industry groups by consent or consensus that establish minimum levels of performance and quality and are
used for comparative evaluation and verification of compliance. Primary Standards are often adopted by an
agency, organization, industry, or government body.

Project Data: Project data is the written and graphical information used to plan, design, construct and
operate the building. It should include Model files (BIM, CAD); drawing files (CAD, electronic sheets such as
PDFs, and/or plot files);electronic manuals; tabular/textual information derived from BIM (e.g.,
spreadsheets); and reference files necessary to supplement other project data.

Project Life Cycle: The full development of a building project from conception to demolition, including four
phases (Planning, Design, Construction, and Operations).

Project Quality Management: a subset of project management that includes the actions required to ensure
that the project will satisfy the needs for which it was undertaken. It consists of quality planning, quality
assurance, and quality control.

Project BIM Team: typical members include the Owner, architect, engineers, contractors, subcontractors,
and other stakeholders. The Project BIM Team members can vary by phase; stakeholders or participants
will be introduced to and leave the Project BIM Team as the project progresses through its life cycle.

Record Model: The model(s) prepared for Operations and Maintenance. Typically the Design Intent Model
is used as a baseline and then is updated to incorporate all the changes during construction. This is
intended to be a lightweight model with enough detail to enable facilities management operations without
overly detailed elements.

Reference Standards: Standards included by reference in Organizational Standards, Primary Standards, and
Contract Documents and carry the full force and effect of their requirements as if their entire text had been
replicated in full where referenced. Care should be taken when including Reference Standards in an
Organizational Standard, Primary Standard, or Contract Document to be specific whether compliance with
the entire Reference Standard is required or whether only compliance with certain portions of the
Reference Standard is required. Reference Standards not only reduce a primary document's size, but also
improve a primary document’s usefulness and effectiveness by relying on other standards‐development
organizations with better‐suited expertise on particular subjects.

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6. REFERENCE DOCUMENTS
 The American Institute of Architects, AIA Document G202 ™ – 2013, Project Building
Information Protocol Form (2013).
http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab099086.pdf

 buildingSMART International, IFC4 Design Transfer View. http://www.buildingsmart‐
tech.org/specifications/ifc‐view‐definition/ifc4‐design‐transfer‐view

 buildingSMART International, IFC4 Reference. www.buildingsmart‐tech.org/specifications/ifc‐
view‐definition/ifc4‐reference‐view

 Construction PDF Coalition, Guideline for Construction PDF Documents (August 2014).
http://cpcoalition.com/guidelines/

 Computer Integrated Construction Research Program. BIM Project Execution Planning Guide –
Version 2.1. Pennsylvania State University (2011). http://bim.psu.edu

 Green Building XML (gbXML) Schema Inc., gbXML Version 6.01 (2015) http://www.gbxml.org/

 International Property Measurement Coalition, International Property Measurement Standards
(2014), www.ipmsc.org

 International Standard Organization, ISO 16739:2013, Industry Foundation Classes (IFC) for data
sharing in the construction and facility management industries (2013).
http://www.iso.org/iso/catalogue_detail.htm?csnumber=51622

 International Standard Organization, ISO 19005‐3:Document management—Electronic
document file format for long‐term preservation—Part 3: Use of ISO 32000‐1 with support for
embedded files (PDF/A‐3) (2012).
http://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2019005‐
3:2012&source=google&adgroup=iso&gclid=CO7Zwc6X380CFYsmhgodTpIJrw

 International Standard Organization, ISO 32000‐1: Document management—Portable
document format—Part 1: PDF 1.7 (2008).
http://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2032000‐
1:2008&source=google&adgroup=iso&gclid=CKaGurKY380CFcNahgod0ScCNg
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National BIM Guide for Owners 01012017 34

 Kreider, R., and Messner, J. I. The Uses of BIM (2013). Pennsylvania State University, University
Park, PA. http://bim.psu.edu

 Levendowski, Brian, What Is Civil Information Modeling? Civil Information Modeling blog.
(2013). http://civilinformationmodeling.net/what‐is‐civil‐information‐modeling

 McGraw Hill Construction (Dodge Data & Analytics ) Business Value of BIM in North America
SmartMarket Report (2012). http://analyticsstore.construction.com/index.php/2012‐business‐
value‐of‐bim‐in‐north‐america‐smartmarket‐rep ort.htm

 McGraw Hill Construction (Dodge Data & Analytics), The Business Value of BIM for Owners
SmartMarket Report (2014).
http://analyticsstore.construction.com/index.php/smartmarketreports/BIMforOwnersSMR.htm
l?sourcekey=presrel

 National Institute of Building Sciences buildingSMART alliance®, National BIM Standard –
United States® Version 3 (2015). https://www.nationalbimstandard.org/

 National Institute of Building Sciences buildingSMART alliance®, United States National CAD
Standard® Version 6 (2014). https://www.nationalcadstandard.org/ncs6/

 Project Management Institute, A Guide to the Project Management Body of Knowledge
(PMBOK® Guide)—Fifth Edition (2013). www.pmi.org.

 Tice, John, Bullock Tice Associates (June 2016). http://www.bulltice.com/

 Tice, John, Bullock Tice Associates BIM DONE RIGHT, a BIM‐enabled, client‐focused delivery
approach and strategy (2015). http://www.bulltice.com/

 United States Army Corps of Engineers, CAD/BIM Technology Center (2016).
http://www.erdc.usace.army.mil/Media/Fact‐Sheets/Fact‐Sheet‐Article‐
View/Article/476676/cadbim‐technology‐center/

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

National BIM Guide for Owners 01012017 35

 United States Army Corps of Engineers, USACE Minimum Modeling Matrix (M3), (2013).
(Available as part of the National BIM Standard – United States® Version 3, Section 5.8:
Practical BIM Contract Requirements, U.S. Army Corps of Engineers BIM Contract Requirements
for Design Build Projects) https://www.nationalbimstandard.org

 United States Department of Defense Military Health System, MHS Minimum BIM
Requirements (MBR) – Standards (2014). https://home.facilities.health.mil/bim‐for‐the‐mhs

 United States Department of Veterans Affairs, VA BIM Guide (2010). va.gov/til/bim/BIMguide/

 United States General Services Administration, Federal Acquisition Regulation (FAR) Part 27,
Patents, Data, and Copyrights (June 2016). https://www.acquisition.gov/?q=/browse/far/27

 United States General Services Administration, GSA BIM Guide 02—Spatial Program Validation,
Version 2.0 (May 2015).
http://www.gsa.gov/portal/mediaId/227487/fileName/GSA_BIM_Guide_02_Version_20.action

 United States General Services Administration, 3D‐4D Building Information Modeling BIM Guide
series (2007‐2012). http://www.gsa.gov/portal/content/105075

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

National BIM Guide for Owners 01012017 36

7. CITATIONS

1 Tice, John, Bullock Tice Associates BIM DONE RIGHT, a BIM‐enabled, client‐focused delivery approach and
strategy (2015). http://www.bulltice.com/

2 National Institute of Building Sciences buildingSMART alliance®, National BIM Standard – United States®
Version 3 (2015). https://www.nationalbimstandard.org/

3 United States Army Corps of Engineers, USACE Minimum Modeling Matrix (M3) (2013). (Available as part of the
National BIM Standard – United States® Version 3, Section 5.8: Practical BIM Contract Requirements, U.S. Army
Corps of Engineers BIM Contract Requirements for Design Build Projects) https://www.nationalbimstandard.org

4 The American Institute of Architects, AIA Document G202™ – Building Information Protocol Form (2013).
http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab099086.pdf

5 United States General Services Administration, Federal Acquisition Regulation (FAR) Part 27, Patents, Data, and
Copyrights (June 2016). https://www.acquisition.gov/?q=/browse/far/27
6 Computer Integrated Construction Research Program. BIM Project Execution Planning Guide – Version 2.1.
Pennsylvania State University (2011). http://bim.psu.edu

7 buildingSMART International, IFC4 Reference (2015). www.buildingsmart‐tech.org/specifications/ifc‐view‐
definition/ifc4‐reference‐view

8 buildingSMART International, IFC4 Design Transfer View (2015). http://www.buildingsmart‐
tech.org/specifications/ifc‐view‐definition/ifc4‐design‐transfer‐view

9 International Standard Organization, ISO 16739:2013, Industry Foundation Classes (IFC) for data sharing in the
construction and facility management industries, (2013).
http://www.iso.org/iso/catalogue_detail.htm?csnumber=51622

10 United States General Services Administration, GSA BIM Guide 02—Spatial Program Validation, Version 2.0
(May 2015). http://www.gsa.gov/portal/mediaId/227487/fileName/GSA_BIM_Guide_02_Version_20.action

11 Green Building XML (gbXML) Schema Inc., gbXML Version 6.01 (2015). http://www.gbxml.org/

12 International Property Measurement Standards (www.ipmsc.org). Reference should made to building
measurement standards, such as IPMS, for consistency in the measurement of floor areas.
13 International Standard Organization, ISO 19005‐3: Document management—Electronic document file format
for long‐term preservation—Part 3: Use of ISO 32000‐1 with support for embedded files (PDF/A‐3) (2012).
http://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2019005‐
3:2012&source=google&adgroup=iso&gclid=CO7Zwc6X380CFYsmhgodTpIJrw

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

National BIM Guide for Owners 01012017 37

14 International Standard Organization, ISO 32000‐1: Document management—Portable document format—Part
1: PDF 1.7 (2008). http://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2032000‐
1:2008&source=google&adgroup=iso&gclid=CKaGurKY380CFcNahgod0ScCNg

15 Construction PDF Coalition, Guideline for Construction PDF Documents (August 2014.
http://cpcoalition.com/guidelines/

16 United States Army Corps of Engineers, USACE Minimum Modeling Matrix (M3) (2013). (Available as part of
the National BIM Standard – United States® Version 3, Section 5.8: Practical BIM Contract Requirements, U.S.
Army Corps of Engineers BIM Contract Requirements for Design Build Projects)
https://www.nationalbimstandard.org

17 National Institute of Building Sciences buildingSMART alliance ®, National BIM Standard – United States®
Version 3 (2015). https://www.nationalbimstandard.org/

18 United States Army Corps of Engineers, USACE Minimum Modeling Matrix (M3), (2013). (Available as part of
the National BIM Standard – United States® Version 3, Section 5.8: Practical BIM Contract Requirements, U.S.
Army Corps of Engineers BIM Contract Requirements for Design Build Projects)
https://www.nationalbimstandard.org

19 The American Institute of Architects, AIA Document G202™ – 2013, Project Building Information Protocol Form
(2013). http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab099086.pdf

20 National Institute of Building Sciences buildingSMART alliance ®, National BIM Standard – United States®
Version 3 (2015). https://www.nationalbimstandard.org/
21 Computer Integrated Construction Research Program. BIM Project Execution Planning Guide – Version 2.1.
Pennsylvania State University (2011). http://bim.psu.edu

22 Computer Integrated Construction Research Program. BIM Project Execution Planning Guide – Version 2.1.
Pennsylvania State University (2011). http://bim.psu.edu

23 Kreider, R., and Messner, J. I. The Uses of BIM (2013). Pennsylvania State University, University Park, PA.
http://bim.psu.edu

24 International Cost Measurement Standards (ICMS) (www.icms‐coalition.org/). ICMS may help to maximize the
benefits of any cost analysis by providing clarity in the categorization of costs.
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
National Institute of
BUILDING SCIENCES
1090 Vermont Avenue, NW
Suite 700
Washington, D.C. 20005
(202) 289-7800
www.nibs.org
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit S
Equal Employment Opportunity Policy

Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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 s
hall 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/proposa
l.

I, __________________________, the authorized representative of
________________________
(Name of Contractor/Business)
, hereinafter referred to as “the Contractor” certify that the
Contract
or
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 tha
t
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

Raed Kolaghassi KADCON Corporation
Raed Kolaghassi, Executive Vice President
DCAM-23-CS-RFP-0029
KADCON Corporation
11/22/2023
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT
______________________SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF ACTUAL OR PERCEIVED: RACE, COLOR,
RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITAL STATUS, PERSONAL APPEARANCE,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, FAMILIA L STATUS, FAMILY
RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, GENETIC INFORMATION,
DISABILITY, SOURCE OF INCOME, OR PLACE OF RESIDENCE OR BUSINESS.
______________________AGREES TO AFFIRMATIVE ACT ION TO ENSURE THAT APPLICANTS
ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT
REGARD TO THEIR ACTUAL OR PERCEIVED: RACE, COLOR, RELIGION, NATIONAL ORIGIN,
SEX, AGE, MARITAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, GENDER
IDENTITY OR EXPRESSION, FAMILIAL STATUS, FAMILY RESPONSIBILITIES,
MATRICULATION, POLITICAL AFFILIATION, GENETIC INFORMATION, DISABILITY, SOURCE
OF INCOME, OR PLACE OF RESIDENCE OR BUSINESS. THE AFFIRMATIVE ACTION SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (A) EMPLOYMENT, UPGRADING, OR
TRANSFER; (B) RECRUITMENT OR RECRUITMENT ADVERTISING; (C) DEMOTION, LAYOFF,
OR TERMINATION; (D) RATES OF PAY, OR OTHER FORMS OR COMPENSATION; AND (E)
SELECTION FOR TRAINING AND APPRENTICESHIP.
______________________AGREES TO POST IN CONSPICUOUS PLACES THE PROVISIONS
CONCERNING NON-DISCRIMINATION AND AFFIRMATIVE ACTION.
______________________SHALL STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE
CONSIDERATION FOR EMPLOYMENT PURSUANT TO SUBSECTION 1103.2 THROUGH 1103.10
OF MAYOR’S ORDER 85-85; “EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN
CONTRACTS.”
______________________AGREES TO PERMIT ACCESS TO ALL BOOKS PERTAINING TO ITS
EMPLOYMENT PRACTICES , AND TO REQUIRE EACH SUBCONTRACTOR TO PERMIT ACCESS
TO BOOKS AND RECORDS.
______________________AGREES TO COMPLY WITH ALL GUIDELINES FOR EQUAL
EMPLOYMENT OPPORTUNITY APPLICABLE IN THE DISTRICT OF COLUMBIA.
______________________SHALL INCLUDE IN EVERY SUBCONTRACT THE EQUAL
OPPORTUNITY CLAUSES, SUBSECTION 1103.2 THROUGH 1103.10 SO THAT SUCH
PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
_________________________________ __________________________
AUTHORIZED OFFICIAL AND TITLE DATE
________________________________ ___________________________
AUTHORIZED SIGNATURE NAME FIRM/ORGANIZATION
11/15/2023
KADCON Corporation
Raed Kolaghassi, Executive Vice President
KADCON Corporation
KADCON Corporation
KADCON Corporation
KADCON Corporation
KADCON Corporation
KADCON Corporation
KADCON Corporation
DocuSign Envelope ID: C335DDD7-BBD7-4CF8-825F-E730FCEAACDA
11/22/2023
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
ASSURANCE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND THE RULES IMPLEMENTING MAYORS
ORDER 85-85, 33 DCR 4952, (PUBLISHED AUGUST 15, 1986), “ON COMPLIANCE WITH EQUAL
OPPORTUNITY REQUIREMENTS IN DISTRICT GOVERNMENT CONTRACTS,” ARE HEREBY INCLUDED AS
PART OF THIS BID/PROPOSAL. THEREFORE, EACH BIDDER/OFFEROR SHALL INDICATE BELOW THEIR
WRITTEN COMMITMENT TO ASSURE COMPLIANCE WITH MAYOR’S ORDER 85-85 AND THE
IMPLEMENTING RULES. FAILURE TO COMPLY WITH THE SUBJECT MAYOR’S ORDER AND THE
IMPLEMENTING RULES SHALL RESULT IN REJECTION OF THE RESPECTIVE BID/PROPOSAL.
I, ______________________________________________, THE AUTHORIZED REPRESENTATIVE OF
___________________________________________, HEREINAFTER REFERRED TO AS “THE
CONTRACTOR,” CERTIFY THT THE CONTRATOR IS FULLY AWARE OF ALL OF THE PROVISIONS OF
MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND OF THE RULES IMPLEMENTING MAYOR’S
ORDER 85-85, 33 DCR 4952. I FURTHER CERTIFY AND ASSURE THAT THE CONTRACTOR WILL FULLY
COMPLY WITH ALL APPLICABLE PROVISIONS OF THE MAYOR’S ORDER AND IMPLEMENTING RULES IF
AWARDED THE D.C. GOVERNMENT REFERENCED BY THE CONTRACT NUMBER ENTERED BELOW.
FURTHER, THE CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE AWARD OF SAID
CONTRACT AND ITS CONTINUATION ARE SPECIFICALLY CONDITIONED UPON THE CONTRACTOR’S
COMPLIANCE WITH THE ABOVE-CITED ORDER AND RULES.
____________________________________________
CONTRACTOR
____________________________________________
NAME
____________________________________________
SIGNATURE
____________________________________________
TITLE
____________________________________________
CONTRACT NUMBER
____________________________________________
DATE
11/15/2023
DCAM-23-CS-RFP-0029
Executive Vice President
Raed Kolaghassi
KADCON Corporation
KADCON Corporation
Raed Kolaghassi
DocuSign Envelope ID: C335DDD7-BBD7-4CF8-825F-E730FCEAACDA
11/22/2023
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
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 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.
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 Multi-establishment Employer:
(1) Single-establishment Employer Report (2) Consolidated Report
(3) Headquarters Report
(4) Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) Special Report
1. Total number of reports being filed by this Company. _______________________
Section B – COMPANY IDENTIFICATION (To be answered by all employers) OFFICIAL 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? 2. Is the major business activity at this establishment the same
Yes No Did not report Report on combined as that reported last year? Yes No
last year basis No report last year Reported on combined
basis
OFFICIAL
USE
ONLY
2. 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.
3. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
Yes No
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891
Construction
X
X
X
5 4 1 6 9 7 0 4 0
20007
DC
USA
Washington
1053 31st Street NW
KADCON Corporation
1
DocuSign Envelope ID: C335DDD7-BBD7-4CF8-825F-E730FCEAACDA
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

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
4 4 1
4 4 2 1
3 1 1
3 3 3
2 2 2
1 1 1
17 13 4 1 1 5 1 2
17 14 4 10 3 2 1
Raed Kolaghassi Executive Vice President 11/22/2023
Raed Kolaghasi, Executive Vice President 1053 31st Street NW, Washington DC 20007 202-944-9400
1
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
CONTRACT COMPLIANCE DIVISION
SUBCONTRACT SUMMARY FORM
This SUMMARY form is to be completed by the PRIME contractor.
BID NO. CCB NUMBER:
_________of _________ pages
NOTE: the standard for minority subcontracting is 25% or the TOTAL
contract dollar amount to be subcontracted.
AMOUNT OF PRIME CONTRACT $______________________
AMOUNT OF ALL SUBCONTRACTS: $______________ equals
__________ % OF THE PRIME CONTRACT.
NAME OF PRIME CONTRACTOR:
TELEPHONE NO.
ADDRESS:
PROJECT NAME:
ADDRESS:
________ WARD NO:______
PROJECT DESCRIPTIONS:
SECTION II
LIST ALL SUBCONTRACTORS THAT WILL BE UTILIZED OH THE ABOVE PROJECT
1. NAME OF SUBCONTRACTOR
2. ADDRESS
3. CONTACT PERSON
4. MBOC CERT. NO.
5. PHONE NO.
1. IS THIS A MINORITY SUB?
_______YES _______NO
2. TRADE OR BUSINESS PRODUCT
THAT SUB WILL PROVIDE.
1. $ AMOUNT OF-SUBCONTRACT
equals (=)
2. ________ % (percent) OF TOTAL
PRIME CONTRACT.
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
TOTAL DOLLAR AMOUNT SUBCONTRACTED TO 'MINORITY BUSINESS ENTERPRISES $______________________________
PERCENT OF PRIME CONTRACT. _________________%
Upshur Recreation Center Modernization
4300 Arkansas Ave NW, Washington, DC
20011
DCAM-23-CS-RFP-0029
1053 31st Street NW
Washington, DC 20007
202-944-9400
KADCON Corporation
DocuSign Envelope ID: C335DDD7-BBD7-4CF8-825F-E730FCEAACDA
4
ISTUDIO Architects
1400 16th Street NW, Suit 130 Washington, DC 20036
Rick Harlan Schneider
202 758 2037
3,062,916.00
1,319,400.00
43
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
6
SOLICITATION NO:___________________________
PROJECTED GOALS AND TIMETABLES FOR FUTURE HIRING
MINORITY GROUP EMLOYES GOALS TIMETABLES
JOB
CATEGORIES
MALE
FEMALE
Black
Asian
American
Indian
Hispanic
Black
Asian
American
Indian
Hispanic
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and Clerical
Craftsman (Skilled)
Operative (Semi-
Skilled)
Laborers (Unskilled)
Service Workers
TOTAL
NAME OF AUTHORIZED OFFI
CIAL:
TITLE:
SIGNATURE:
FIRM NAME:
TELEHONE NO:
DATE:
INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL ISTITUTION”
_____ Yes _____ No
NAME:
ADDRESS:
TYPE OF ACCOUNT/S:
11/15/2023
DCAM-23-CS-RFP-0029
202-944-9400
KADCON Corporation
Executive Vice President
Raed Kolaghassi
DocuSign Envelope ID: C335DDD7-BBD7-4CF8-825F-E730FCEAACDA

0
0
0
0
0
0
0
0
0
0 0 0 0 0 0 0 0
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000
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0
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0
11/22/2023
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

Exhibit T
Campaign Finance Reform Act Self-Certification Form
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

V004/0
9
.
12
.20
2
4

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 Principals made a political contribution to any of
the

following
:

(
i
)

the

Mayor
,

(
ii
)

any

candidate

for

Mayor
,

(
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 Principals made a political contribution to any of
the

following
:

(
i
)

the

Attorney

General
,

(
ii
)

any

candidate

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).

KADCON Corporation
1053 31st Street NW
Washington DC 20007
54-1697040
Chairman
Riad Kadissi
rkadissi@kadcon.com
x
x
Docusign Envelope ID: 948A88E1-DBD8-4841-9E38-FAEE68B79055
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250

V004/0
9
.
12
.20
2
4

Since November 9, 2022, has the business entity or any of its Principals

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

Councilmember
,

or

(
iv
)

any

constituent
-
service

program

aff
iliated

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
.
34
a
?

[
yes
/
☐
no
]

If yes, please explain including any resolution.

Is

the

business

entity

currently

in

violation

of

D
.
C
.

Official

Code

§

1
-
1163
.
34
a
?

[
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
.
34
a
?

☐
[
yes
/
no
]

“Principal”
–

any senior officer of a business entity, including 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:

x
x
x
x
Riad Kadissi, Chairman
Docusign Envelope ID: 948A88E1-DBD8-4841-9E38-FAEE68B79055
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Docusign Envelope ID: 948A88E1-DBD8-4841-9E38-FAEE68B79055
Docusign Envelope ID: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Certificate Of Completion
Envelope Id: 25B2252B-9538-48EC-ADB8-FB81E3B48250
Status: Completed
Subject: Complete with Docusign: 6-Proposed Contract - DCAM-23-CS-RFP-0029 KADCON.pdf
Source Envelope:
Document Pages: 433
Signatures: 1
Envelope Originator:
Certificate Pages: 1
Initials: 0
Rahel Tessema
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
1053 31st St NW
Washington, DC 20007
rtessema@kadcon.com
IP Address: 96.95.2.222
Record Tracking
Status: Original
4/23/2025 4:18:20 PM
Holder: Rahel Tessema
rtessema@kadcon.com
Location: DocuSign
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Signature
Timestamp
Riad Kadissi
rkadissi@kadcon.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 96.95.2.222
Sent: 4/23/2025 4:20:40 PM
Viewed: 4/23/2025 4:24:12 PM
Signed: 4/23/2025 4:26:15 PM
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4/23/2025 4:24:12 PM
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