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MURIELBOWSERMAYOR
May22,2025
Honorable PhilMendelson.
Chairman
Councilofthe Districtof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuanttosection451oftheDistrictofColumbiaHomeRuleAct(D.C.OfficialCode§ 1-204.51)andsection202oftheProcurementPracticesReformActof2010(D.C.OfficialCode§2-352.02),enclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiais
ContractNo.DCAM-23-CS-RFP-0020withGilbaneBuildingCompany/Corenic,aJointVenture(“Gilbane”)inthenot-to-exceedamountof$10,498,293(includinganexistinglettercontractamountof$995,000).Thenot-to-exceedamountisanearlyreleaseoffundsfortheinitialphase
ofthemodernizationofDrewElementarySchool.
Aspartoftheinitialphaseoftheproject,Gilbanewillprovidedesignandpreconstructiondeliverables,includingfees,allowances,bonds,andinsurance,whiletheDistrictandGilbanefinalizethefullscopeandguaranteedmaximumpricefortheproject.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingthiscontract.In
ordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactErieNjonjo,ActingChiefProcurementOfficer,DGS,at(202)727-2800.
TookforwardtotheCouncil’sfavorableconsiderationofthiscontract.
Sincerely,
Muriel Bowser
1
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Early Start Agreement #1 – Design Build Contract with a Letter Contract)
(A) Contract Number: DCAM-23-CS-RFP-0020
Proposed Contractor: Gilbane Building Company/Corenic, a Joint Venture
Contract Amount (ESA #1): Not-to-Exceed (“NTE”) $10,498,293
Unit and Method of Compensation: Progress Payments on a monthly basis
Term of Contract: December 27, 2023 (date of execution of Letter Contract by
the Department) through July 15, 2028 (“Substantial
Completion Date”), with an administrative term date of
March 15, 2029.
Type of Contract: Cost plus fixed fee with a guaranteed maximum price
(“GMP”)
Source Selection Method: Competitive Request for Proposal
(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:
N/A
(C) The date on which the letter contract or emergency contract was executed:
The Notice to Proceed & Letter Contract (“Letter Contract”) was executed on December 27, 2023.
(D) The number of times the letter contract or emergency contract has been extended:
Twice.
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(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
The total value of the services provided to date is $995,000.00, which represents the initial Not -to-
Exceed 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 Gilbane Building Company/Corenic a Joint Venture ( the
“Contractor” or “Gilbane/Corenic JV”), to provide design -build services for the Drew Elementary
School Modernization (“Drew ES”), located at 5600 Eads Street, NE, Washington, DC 20019 (the
“Project”). The early start agreement amount will cover the fees, allowances, bonds, insurance, and
general conditions needed to deliver the design and preconstruction deliverables. 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 July 15, 2028.
The Project includes full design and construction services for Drew ES, which will be an
approximately 71,000-square-feet school facility. The Department of General Services (the
“Department” or “DGS”) seeks Council approval to execute the proposed Contract. If approved, the
Contract will establish an early start agreement in the not-to-exceed (“NTE”) amount of $10,498,293.
As the proposed Contract value is more than $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 July 6, 2023, the Department issued a Request for Proposals (“RFP”) to engage a highly qualified
design-builder (“Design-Builder”) for the modernization of Drew ES, located at 5600 Eads Street,
NE, Washington, DC 20019.
The RFP was posted on the Department’s website on July 6, 2023, and a pre- proposal conference
and a site walk were held on July 10, 2023. The proposal’s due date was August 7, 2023, and two (2)
addenda were issued to the RFP.
Addendum No. 1, issued on July 11, 2023:
1. Provided the sign-in sheet and business cards from the pre-proposal conference, and site visit
held on July 10, 2023, at Drew ES, located at 5600 Eads Street, NE, Washington, DC 20019.
Addendum No. 2, issued on July 18, 2023:
1. Provided questions and answers sheet about the RFP.
2. Incorporated Attachment M (Form of Contract) to the RFP.
3. Incorporated Attachment N (Form Notice to Proceed and Letter Contract) to the RFP.
3
Proposal Submissions:
On the P roposal due date, August 7, 2023, four (4) firms collectively, the “ Offerors” and each
individually, an (“Offeror”) submitted responsive proposals:
Technical Evaluation Process:
Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“TEP” or “Panel”).
A kick-off meeting was held with the Panel on August 23, 2023. The kick-off meeting established a
schedule for the evaluation of proposals and discussed in detail the roles and responsibilities of the
Panel. In addition, each Panel member completed the required Disclosure Agreement and
Confidentiality Agreement.
Consensus Meeting:
After the Panel members had completed their individual evaluations of the proposals, the Panel met
on September 8, 2023, to develop a consensus technical score and supporting written narrative for
each Offeror. In developing the consensus score, the Panel discussed the details of each proposal in
light of the evaluation factors and subfactors.
Contracting Officer’s Independent Evaluation:
The Department’s Contracting Officer carefully reviewed each of the proposals and independently
rated each Offeror. He further carefully reviewed the evaluation process followed by the Panel, their
notes and scoresheets, and their final consensus technical evaluation. Considering the Department’s
historical experience with the proposed Offerors and, to the extent necessary, reviewing the
underlying proposals, the Contracting Officer scored the Offerors differently. The C ontracting
Officer’s review of all the Offerors’ technical proposals revealed that the Offerors submitted sound
and strong proposals.
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.
Determination of a Fair and a Reasonable Price:
When the total points for all 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.
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Contract Award:
By the award memorandum executed on September 28, 2023, the Department awarded Contract No.
DCAM-23-CS-RFP-0020 to the Contractor, as such award would 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. I nclude the identity of the protestor, the grounds alleged in
the protest, and any deficiencies identified by the District as a result of the protest:
The award of the Contract was not protested.
(I) A description of any other contracts the proposed contractor is currently seeking or holds with
the District:
The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.
(J) The background and qualifications of the proposed c ontractor, 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 has obtained a DSLBD Joint Venture Approval and is eligible for four (4) preference
points.
Over the past fifteen years, Gilbane/Corenic JV has successfully managed numerous projects for
DGS. Its team has extensive experience working on new construction and highly sustainable, energy
efficient, or Net-Zero energy projects similar to Drew ES Modernization. T hey have completed
projects that clearly represent similar project experience and capabilities.
The Contractor is comprised of a talented group of design and construction professionals who have
committed to the site and building facility modernization. Its strategy for success is to provide an
experienced team of design and construction personnel who have proven track records in accelerated
delivery schedules, as well as a proven track record of performing for the District and DGS. The
proposed project team is made up of an exclusive team of professionals who are familiar with
complex sites and facility development.
Gilbane Building Company has successful experience with complex school modernization,
renovation, and new construction projects across Washington, D.C. These projects include:
1. John Lewis Elementary School, Washington, DC, $60,000.000.00 project.
2. Ron Brown College Preparatory High School, Washington, DC, $60,800,000.00 project.
3. Whitlock (Aiton) Elementary School, Washington, DC, $52,000,000.00 project.
4. Capitol Hill Montessori at Logan, Washington, DC, $53,000,000.00 project.
5
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 has obtained a DSLBD Joint Venture Approval. The Contractor’s CBE Number is
LSDZ78344052027. 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: $10,498,293
Subcontracting Requirement %: 35%
Subcontracting Plan Required Dollar Value: $3,674,402.55
Subcontracting Plan Actual Dollar Value: $3,720,000
(L) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide all design, preconstruction, and construction services and other
services necessary to substantially complete the Project no later than July 15, 2028. In general, the
Contractor must perform the requirements contained in the Contract and meet or exceed the
performance standards therein. The Contractor is subject to liquidated damages of $2,500 per day of
delay for failure to timely achieve substantial completion of the Project. The Contract also provides
a disincentive fee of $25,000 for the replacement of key personnel without the Department’s prior
approval and not as a penalty, to reimburse the Department for its administrative costs arising from
the Contractor’s failure to provide the key personnel.
(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 December 27, 2023, provides for an initial NTE
amount of $995,000, representing 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 NTE amount is
consistent with the Department’s budget and that adequate funds are available in the Department’s
6
budget in accordance with § 47-392.01 and § 47-392.02 of the D.C. Official Code. 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 proposed contract has been deemed legally sufficient by the Department’s Office of the General
Counsel and the Contractor does not appear to have any currently 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.
(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 DSLBD’s website, the Contractor obtained a DSLBD Joint Venture Approval and
Corenic Construction Group is a certified Local , Small, Disadvantaged Business Enterprise and
Development Enterprise Zone . The Contractor’s CBE Number is LSDZ78344052027, with an
expiration date of May 31, 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:
7
The Contractor is not debarred from providing services to the Government of the District of Columbia
or the Federal Government according to the Office of Contracts & 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 DGS website. The Contract will be made available
on the DGS’s website upon approval.
(W) Where the original solicitation, and any amendments or modifications, will be made available
online:
The original solicitation and any amendments have been posted on the DGS’ 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.
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Exhibit A
Contracts that the Gilbane Building Company/Corenic, A Joint Venture Currently Holds
with the District Agencies (Not DGS Only):
Contract Number Project Caption Project Value
DCAM-23-CS-RFP-0030 DC Archives $85,000,000
DCAM-23-CS-RFP-0020 DB Services for Drew ES Modernization $62,000,000
Contracts that the Gilbane Building Company/Corenic, A Joint Venture Seeking with the
District Agencies (Not DGS Only):
Contract Number Project Caption Project Value
None None None
*
*
* GovernmentoftheDistrictofColumbia
HE OfficeoftheChiefFinancialOfficer 11014 Street,SWHE OfficeofTaxandRevenue Washington,DC20024
DateofNotice:April22,2025 NoticeNumber:0014082605 =
GILBANEBUILDINGCOMPANY-CORENICAJOINTVE FEIN:**.*9%44777JACKSONWALKWAY CaseID:18579615PROVIDENCERI02903-3638
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II.CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT
AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.
11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Contract No. DCAM-23-CS-RFP-0020
Design-Build Services for Drew Elementary School Modernization
Date: April 11, 2025
Subject: Fiscal Sufficiency Review
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”),
I hereby state that the Design-Build Agreement for Drew Elementary School Modernization (DCAM-
23-CS-RFP-0020), with Gilbane Building Company/Corenic a Joint Venture (the “Contractor”)
and a not-to-exceed (“NTE”) amount of $10,498,293.00, is consistent with the Department’s current
budget and that adequate funds are available in the budget for the expenditure.
The proposed Contract NTE amount of $10,498,293.00 is $1M or more and requires Council approval.
The Department of General Services (DGS – Implementing AGY) has $10,498,293.00 in the District of
Columbia Public Schools (DCPS – Owner AGY) cumulative capital budget authority balance.
There is $7,187,919.00 in the current approved allotment budget and an additional $3,310,374.00 is
pending the FY2026 capital budget load for the Drew ES Modernization/Renovation project – 100127.
Per the approved FY2025 -FY2030 CIP, Drew ES Modernization c apital project will receive
$40,114,164.00.00 in FY2026.
The DIFS/PASS information is listed below/attached.
Project Number/ Name
Subtas
k
AY
Fund
Detail
Imp.
Agency
Owner
Agency
RK/PO Amount Comments
100127 -
AM0.PE337C.DREW ES
MODERNIZATION/RENO
VATION
04.01 n/a 303030
0
AM0 GA0 PO702525 995,000.00 Part of proposed
$10,498,293.00
(Letter Contract)
100127 -
AM0.PE337C.DREW ES
MODERNIZATION/RENO
VATION
04.01 n/a 303030
0
AM0 GA0 RK301684 6,192,919.00 Part of proposed
$10,498,293.00
(ESA #1)
FY25 Part of
$9,503,293.00
100127 -
AM0.PE337C.DREW ES
MODERNIZATION/RENO
VATION
04.01 n/a 303030
0
AM0 GA0 RK301688 3,310,374.00 Part of proposed
$10,498,293.00
(ESA #1)
FY26 Part of
$9,503,293.00
Total $10,498,293.00
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services
3924 Minnesota Avenue NE, 6th Floor Washington, DC 20019|Telephone (202) 727-2800|Fax (202) 727-7283
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 Agreement for Drew Elementary School Modernization
Contract Number: DCAM-23-CS-RFP-0020
Contractor: Gilbane Building Company/Corenic a Joint Venture
DATE: April 24, 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 to Council
for approval; (ii) Council’s approval of the same; and (iii) a Fiscal Certification issued by the
Department of General Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
_______________________
Kristen Walp
Senior Assistant General Counsel
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
November 17, 2023
Tyler Swartzwelder
Vice President, DC Business Leader
Gilbane Building Company/Corenic, a Joint Venture
1100 N. Glebe Road Suite 1000
Arlington, VA 22201
Reference: Request for Proposals No. DCAM-23-CS-RFP-0020 (“RFP”)
Design-Build Services for Drew Elementary School Modernization (“Drew ES”)
Subject: Notice to Proceed and Letter Contract
Dear Mr. Swartzwelder,
We refer to the proposal submitted by Gilbane Building Company/Corenic, a Joint Venture (the
“Contractor” or “Design-Builder”) in response to the above-referenced RFP. We are pleased to inform
you that this work has been awarde d to Gilbane Building Company/Corenic, a Joint Venture , and if
this Letter 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. Letter Contract. This is a Letter Contract 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 execut ed by an authorized Contracting Officer , this Letter C ontract shall automatically
terminate and merge into the Definitized Contract.
2. Scope of Work. The Contractor shall provide Design-Build Services for the Drew Elementary
School Modernization project, located at 5600 Eads St NE, Washington, DC 20019 , as described in
the Contractor’s Proposal dated August 7, 2023 , submitted in response to the subject RFP and the
Schedule of Values attached to this Letter Contract as (Exhibit A).
3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
Contractor shall provide, at a minimum, the deliverables (Exhibit C) in accordance with the
requirements in the RFP , the Schedule of Values ( Exhibit A ), and Form of Contract to the
Department’s Program Manager and in the referenced instances to the Contracting Officer.
3924 Minnesota Avenue, 5th Floor, NE, 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 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 $995,000.00 (“Not to Exceed”
amount or “NTE”) including $813,200.00 for the Design Fee (consisting of Concept Design in the
amount of $297,600.00 and Schematic Design in the amount of $515,600.00) and $181,800.00 for the
Design Build Fee (consisting of Preconstruction Fees in the amount of $175,412.00 and Payment &
Performance Bonds (partial) in the amount of $6,388.00) as further described in the Schedule of the
Values (Exhibit A). In no event shall the Contractor be entitled to receive more than the NTE 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. Construction Phase Compensation. The Contractor understands and agrees that the Department
makes no representation or warranty that the Contractor shall be entitled to serve as the builder for the
Project. If, however, the Department and the Contractor agree upon a GMP and schedule for the
Project, the Contractor agrees that it shall be paid a Design Fee of $3,835,200.00 and a Design-Build
Fee of $1,550,000. 00, to include the amounts in Section 4, and that the Lump Sum General Conditions
Cost shall be $2,871,058.00 based on the schedule and budget set forth in the RFP. The Contractor
further agrees to enter into a design-build agreement that is substantially similar to the Agreement for
Design-Build Services issued with the RFP, subject only to such adjustments as were requested by the
Contractor in its bid and which are agreed to by the Department.
6. 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 insured. The Contractor must maintain insurance for all of their
subcontractors as described in (Exhibit I).
7. 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) May 17, 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 Provisisions for Construction Contract and
(Exhibit B2) and Standard Contract Provisions for Architectural and Engineering Services Contract
(Exhibit B1).
8. 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.
9. 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:
3924 Minnesota Avenue, 5th Floor, NE, Washington DC 20019|Telephone (202) 727.2800 | Fax (202) 727-7283
A - Key Personnel of the Design-Builder:
(i) Project Manager; (ii) Superintendent; and (iii) Project Executive.
B - Key Personnel of the Architect/Engineer:
(i) Project Manager; (ii) Project Architect; (iii) Principal in Charge; (iv) Lead Mechanical
Engineer; and (v) Lead Envelope Consultant.
It is contemplated that these Key Personnel 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 becomes 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.
10. 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.
Electronic storage and transmission of information via ProjectTeam system shall be compliant with
the provisions of DGS document security.
11. 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.
12. 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
3924 Minnesota Avenue, 5th Floor, NE, Washington DC 20019|Telephone (202) 727.2800 | Fax (202) 727-7283
in all future invoices and accounting records. In the event that you do not obtain a purchase order
number please contact Concillia Mpofu via concillia.mpofu@dc.gov directly to obtain this number.
13. 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.
14. 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 addi tion 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 t he 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.
15. Entire Agreement; Modification. This Letter Contract, along with the Standard Contract
Provisions, (Exhibit B1) – Architectural & Engineering Services Contract and (Exhibit B 2) –
Construction Services Contract) 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 Dep artment.
Notwithstanding the provisions of this Section 15, nothing herein shall limit the Department’s ability
to unilaterally modify this Letter Contract.
16. Davis Bacon Act Wage Determination. The Contractor agrees that the work performed under
this Letter Contract shall be subject to the Davis Bacon Wage Determination and Title 29 Code of
Federal Regulations (“CFR”) as set forth in (Exhibit D1) and (Exhibit D2) in effect at the time of
Letter Contract execution by the Department.
17. Living Wage Act. The 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. Performance And Payment Bonds . The Contractor agrees to post a payment and performance
bond in the form of (Exhibit E) having a penal value equal to the Agreement amount at the time the
Agreement is executed. The Design-Builder will be required to post an updated payment and
performance bonds to reflect the GMP Amendment amount.
19. Campaign Finance Reform Act. Prior 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.
3924 Minnesota Avenue, 5th Floor, NE, Washington DC 20019|Telephone (202) 727.2800 | Fax (202) 727-7283
ISSUED BY: ACCEPTED BY:
The Department of General Services Gilbane Building Company/Corenic, a Joint Venture
By: By:
Name: Peter Ghogomu Name:
Title: Contracting Officer Title:
Date: Date: November 20, 2023
Vice President, Business Leader
Tyler Swartzwelder
12/27/2023
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Avenue, NE, 5th Floor, Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
SENT VIA EMAIL TO: TSwartzwelder@Gilbaneco.com
April 1, 2024
Tyler Swartzwelder
Vice President, DC Business Leader
Gilbane Building Company/Corenic, a Joint Venture
1100 N. Glebe Road Suite 1000
Arlington, VA 22201
Reference: Request for Proposals No. DCAM-23-CS-RFP-0020
Design-Build Services for Drew Elementary School Modernization
Subject: Modification No. 1 to the Letter Contract and Notice to Proceed
Dear Mr. Swartzwelder,
We refer to the signed Letter Contract & Notice to Proceed dated December 27, 2023
between the District of Columbia Government, acting by and through its Department of General
Services Gilbane Building Company/Corenic, a Joint Venture (the
- ) in response to the above-referenced RFP. Assuming this Letter Contract
Modification is countersigned without modification of any kind, it will serve as Modification No. 1
1. Duration. The duration of the Letter Contract is hereby extended to December 31, 2024.
2. Complete Settlement . It is mutually agreed that in exchange for this Modification and other
considerations, the Contractor hereby releases, waives, settles, and holds the Department harmless
from any and all actual or potential claims or demands for delays, disruptions, additional Work,
additional time, additional cost, contract extensions, compensations or liability under any theory,
whether known or unknown, that the Contractor may have now or in the future against the
Department arising from or out of, as a consequence or result of, relating to or in any manner
connected with this Modification, the above-referenced project, and the Contract Work.
3. Prior Agreement. Except as expressly modified hereby, all of the terms and conditions of the Letter
Contract remain unchanged and in full force and effect.
ISSUED BY: ACCEPTED BY:
The Department of General Services
Gilbane Building Company/Corenic, a Joint Venture
By: By:
Name: Suzi Tabot Name:
Title: Contract Specialist Title:
Date: Date:
4/2/2024
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Avenue, NE, 5th Floor, Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
VIA ELECTRONIC MAIL ONLY
October 30, 2024
Tyler Swartzwelder
Vice President, DC Business Leader
Gilbane Building Company/Corenic, a Joint Venture
1100 N. Glebe Road Suite 1000
Arlington, VA 22201
Reference: Request for Proposals (“RFP”) No. DCAM-23-CS-RFP-0020
Design-Build Services for Drew Elementary School Modernization
Subject: Modification No. 2 to the Letter Contract and Notice to Proceed
Dear Mr. Swartzwelder,
We refer to the signed Letter Contract & Notice to Proceed dated December 27, 2023 (the “Letter
Contract”) between the District of Columbia Government, acting by and through its Department of General
Services (the “Department” or “DGS”) and Gilbane Building Company/Corenic, a Joint Venture (the
“Contractor” or “Design-Builder”) in response to the above-referenced RFP. Assuming this Letter Contract
Modification is countersigned without modification of any kind, it will serve as Modification No. 2
(“Modification”) to the Letter Contract. The terms of this Modification are as follows:
1. Duration. The duration of the Letter Contract is hereby extended to June 30, 2025.
2. Complete Settlement . It is mutually agreed that in exchange for this Modification and other
considerations, the Contractor hereby releases, waives, settles, and holds the Department harmless
from any and all actual or potential claims or demands for delays, disruptions, additional Work,
additional time, additional cost, contract extensions, compensations or liability under any theory,
whether known or unknown, that the Contractor may have now or in the future against the
Department arising from or out of, as a consequence or result of, relating to or in any manner
connected with this Modification, the above-referenced project, and the Contract Work.
3. Prior Agreement. Except as expressly modified hereby, all of the terms and conditions of the Letter
Contract remain unchanged and in full force and effect.
ISSUED BY: ACCEPTED BY:
The Department of General Services
Gilbane Building Company/Corenic, a Joint Venture
By: By:
Name: Suzi Tabot Name:
Title: Contract Specialist Title:
Date: Date:
11/4/2024
DESIGN-BUILD AGREEMENT
FOR
DREW ELEMENTARY SCHOOL MODERNIZATION
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
AND
GILBANE BUILDING COMPANY/CORENIC A JOINT VENTURE
CONTRACT NUMBER: DCAM-23-CS-RFP-0020
PROJECT INFORMATION
A. PROJECT SUMMARY
1. Project Name:
Design-Build Services for Drew
Elementary School Modernization
2. Project Address: 5600 Eads Street NE, Washington, DC
20019
3. Agreement Type: Design-Build with Guaranteed Maximum
Price
4. Client Agency: District of Columbia Public Schools
(“DCPS” or “Client Agency”)
5. Design-Builder: Gilbane Building Company/Corenic a Joint
Venture
6. Agreement Amounts:
i. Initial Not-To-Exceed (“NTE”):
The Contractor will be paid an NTE
amount of $10,498,293.00 (see Schedule of
Values attached as Exhibit Y); provided,
however, that until authorized in writing by
a duly authorized DGS Contracting Officer
via a subsequent Contract modification, the
Contractor shall not obligate more than
$7,187,919.00, which represents the
currently available fiscal year funding
through FY2025. Pre-authorization by the
Department in writing is required to use the
Owner's Allowances.
ii. Project Budget: $62,000,000.00
7. Design-Builder Compensation:
i. Design Fee: $3,835,200.00
ii. Design-Build Fee: $1,550,000.00
a. Base Design-Build Fee: (60% of
Design-Build Fee) $930,000.00
b. At-Risk Design-Build Fee: (40%
of Design-Build Fee) $620,000.00
iii. Lump Sum General Conditions Cost: $2,871,058
iv. Owner-Directed Allowances:
a. Permit Allowance (including the cost for
Department of Building (“DOB”)
Accelerated Program), $800,000.00;
b. Public Art Allowance, $450,000.00;
c. Utility Allowance, $400,000.00;
d. Public Space Improvements Allowance,
$500,000.00;
e. Six Months Maintenance Allowance,
$500,000.00; and
f. Owner Controlled Allowance,
$250,000.00.
v. Preconstruction Fee (15% of the
Base Design-Build Fee) $139,500.00
vi. Contingency: To be determined at GMP
8. Liquidated Damages: $2,500.00 per day
9. Disincentive Fee for Failure to
Timely Submit Deliverables:
$7,500.00 plus $500.00 per day, per
deliverable
10. GMP Basis Project Documents
Submission Date: 2FWREHU, 2025
11. Substantial Completion Date: July 15, 2028
12. Final Completion Date: January 15, 2029
13. Administrative Term Expiration
Date: March 15, 2029
14. Letter Contract:
Period of Performance:
From December 27, 2023 (date of
execution of Letter Contract) through June
30, 2025
NTE Amount: $995,000.00
15. GMP Basis Project Documents Design Development Documents
16. Key Personnel Replacement: $25,000.00 per replacement
17. Assumptions and Clarifications (Exhibit Z)
DESIGN-BUILD AGREEMENT
DREW ELEMENTARY SCHOOL MODERNIZATION
DCAM-23-CS-RFP-0020
THIS AGREEMENT (“Agreement” or “Cont ract”) is made by and between the
DISTRICT OF COLUMBIA GOVERNMENT (t he “District”), acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS”), and Gilbane
Building Company/Corenic a Joint Venture a Joint Venture duly organized under the laws
of District of Columbia , and with a place of business at 1100 N. Glebe Road, Suite 1000,
Arlington, VA 22201 (the “Design -Builder” or “Contractor” and collectively with the
Department, the “Parties”).
RECITALS
WHEREAS, the Department issued a Request for Proposals dated July 6, 2023 (the
“RFP”) to engage a design-builder to prepare a design for a nd to construct and complete the
work at Drew Elementary School (“Drew ES”) Modernization located at 5600 Eads Street NE,
Washington, DC 20019 (the “Project”); and
WHEREAS, the Department intends to implement the Project through a design-build
approach. The scope of work for the Project will be divided into two phases: (i) the design and
preconstruction phase; and (ii) the construction phase; and
WHEREAS, the Department requires that the Proj ect be completed no later than July
15, 2028 (“Substantial Completion Date”); and
WHEREAS, the Design-Builder submitted a proposal entitled “Design-Build Services
for Drew Elementary School Modernization ” dated August 7, 2023, to provide design-build
services for the Project; and
WHEREAS, the Department retained the Design-Builder to provide design-build
services for the Project, which is to include design, preconstruction, and construction services
for Drew Elementary School Modernization;
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; and
WHEREAS, the Department has retained th e services of a program manager (the
“Program Manager”) to advise it concerning the Project; and
WHEREAS, the Department has established a budg et and the Design-Builder will
conduct its work in accordance with an underlying budget for the Project, which includes but
is not limited to all design fees, hard and soft construction costs, fees, general conditions of the
Design-Builder, and including an allowance for the maintenance of the school and grounds per
the maintenance and operations plan until achieving Final Completion (such budget, the
“Project Budget”); and
WHEREAS, the Department and the Design-Builder entered into a letter contract dated
December 27, 2023 ( the “Letter Contract”) pursuant to which the Design-Builder was
authorized to proceed with certain design, preconstruction, abatement, and demolition services
in furtherance of the Project.
NOW, THEREFORE, the Department and Design-Bui lder, for the consideration set
forth herein, mutually agree as follows.
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 to the Administrative Term Date set forth in the
Project Information Section above. In addition, w ithin 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” or “Contracting Officer ), 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 to process pay ments 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 terms “Agreement” or “Contract”shall mean this entire, integrated agreement between the
Department and the Design-Builder with respe ct to the Project, consisting of this document
and the Exhibits thereto, including but not limited to the Standard Contract Provisions
(Construction Contracts and Architectural/Engi neering Services Contracts), 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 pha se 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 Section 8.2 of this
Agreement.
Section 1.7. Contract Documents.
The term “Contract Project Document(s) ” refers to one or more components of the Project
documents that comprise the Agreement betwee n the Department and the Design-Builder,
including any modifications or changes ther eof, the drawings and specifications, and any
addenda to the RFP issued thereto.
Section 1.8. Design and Preconstruction Phase Services.
The services to be provided under Article 3 constitute the design & preconstruction phase
services to be performed by the Design-Builder.
Section 1.9. Drawings.
The drawings are the graphic and pictorial port ions of the Contract Project Documents,
wherever located and wherever issued, showin g the design, locations, and dimensions of the
Work, generally including plans, elevations, sections, details, schedule, and diagrams.
Section 1.10. Final Completion.
The point at which Substantial Completion has been achieved, all punch list items noted at
Substantial Completion have been completed and all Project documents the Design-Builder is
required to deliver to the Department as a co ndition 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 punch list 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 t o, the design-build fee and the Cost of the
Work, that will be paid to the Design-Builder to Fully Complete the Project as set forth in
Article 4. The Guaranteed Maximum Price (“GMP”) may be modified only by Change Order,
Contract Modification, or Change Directive in accordance with the Agreement. The GMP shall
be established in the GMP Amendment.
Section 1.14. Hazardous Material.
Hazardous Material includes but is not limited to, 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.
Section 1.15. Notice to Proceed.
A written notice to proceed, signed by the Department’s Contracting Officer, 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 (“Project Schedule”) agreed upon 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. The Project Schedule shall not be changed
except by a Contract Modification, Change Order or Change Directive issued by the
Department’s CO or Contracting Officer. The Project Schedule shall be in a form and contain
such detail as may be agreed upon by the Parties.
Section 1.17. Self-Performed Work.
The parties hereby agree that “Self-Performed Work” means and shall encompass 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 subcont ractors 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 Constru ction Phase Services necessary to deliver the
Project.
Section 1.19. Specifications.
The Specifications are that portion of the Contract Project documents consisting of the written
requirements for materials, equipment, constr uction systems, standards and workmanship for
the Work, and performance of related services.
Section 1.20. Standard Contract Provisions.
The District of Columbia Department of Gene ral Services Standard Contract Provisions,
General Provisions (Construction Contracts and Architectural/Engineering Services
Contracts), as amended, is attached hereto as Exhibit J and incorporated herein.
Section 1.21. Subcontractor.
Any person, natural or legal, to whom the Design-Builder delegates the performance of any
portion of the Work required by the Agreement. The term “Subcontractor,” used without a
qualifier, shall mean a subcontracto r in direct contractual privity with the Design-Builder.
“Subcontractors at all tiers” shall mean not only those Subcontractors in direct contractual
privity with the Design-Builder and not th e Department, but also those performing Work
pursuant to sub- subcontracts, and so on. “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 t o whom the Design-Builder delegates any part of its
responsibilities under the Agreement, except that re ferences 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 co mpleted with only minor punch list items remaining to be
completed; (2) the Project has obtained a Department of Buildings (“DOB”) Certificate of
Occupancy; final DOB Certification of Occupancy shall be received within thirty (30) days of
Substantial Completion; and all other required permits or approvals have been obtained; (3) all
Operation and Maintenance Manuals have be en finalized, submitted, and approved; all
Operations and Maintenance Manuals shall be submitted to the Department six months prior
to Substantial Completion; (4) required trainings per Turnover Manual have been scheduled
within thirty (30) days of the Substantial Com pletion Date; the Design-Builder shall provide
final videotaped recordings within thirty (30) days of the Substantial Completion Date; (5)
Draft Warranties have been submitted and approved; (6) the Project has obtained DC
Department of Health approval of the kitchen and health suite; (7) the Project site has been
deep cleaned and cleared of any debris; (8) the P roject is ready for the Department and Client
Agency to use it for its intended purpose; (9) 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; and (10)
commissioning is complete, and a final punch li st is documented with completion dates
established. “Minor punchlist 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 the performance of the services
necessary, at any and all phases of the Agreement, to Fully Complete the Project.
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 we re performed pursuant to the Letter Contract
between the Parties dated December 27, 2023. P ursuant to the terms of the Letter Contract,
upon execution of this Agreement by the Departme nt (the “Agreement Effective Date”), the
Letter Contract shall automatically ter minate and shall merge into and be superseded by this
Agreement. The Parties agree that any servi ces provided or work performed pursuant to the
merged Letter Contract, and prior to the Agreemen t effective Date, shall be governed by the
terms and conditions 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 De partment 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 De sign-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 st andard 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 th e 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
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 othe r person, firm or corporation, unless disclosure is
required pursuant to a 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 wi th District’s or Federal laws, codes and
regulations. The Design-Builder and any Subc ontractors 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 a fully modernized facility
of Drew Elementary School, locat ed at 5600 Eads Street NE , Washington, DC 20019. The
Project includes full design and construction services for an approximately 71,000 square foot
school facility for Drew ES. The Design-Builder shall design and construct a combination of
renovation and new construction addition to best execute the school’s programmatic needs.
The Department anticipates renovating the classroom wing and then demolishing a portion of
the building in order to build a new addition, however, the Design Builder shall advise on a
design that is most advantageous to bring it in line with the District of Columbia Public Schools
(“DCPS” or “Client Agency”) Educational Specif ications (“Ed Spec(s)”) or “Educational
Specifications”) as set forth in Exhibit A (collectively, the “Project”).
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, including all applicable attachments.
b) To provide all design, construction, and c onstruction management services necessary
to implement the goals of the Project inclusive of, but not limited to, the following:
civil, architectural, electrical, structural, mechanical design services as required for the
Project; construction management services inclusive of budgeting, value engineering
(“Value Engineering”), scheduling, P roject phasing, Project administration,
management, and coordination of subcontract ors. Design scope shall also include full
design and specifications, with minimum of two options for basis-of-design for each,
of the Furniture, Fixture, and Equipment (“FF&E”) for GMP pricing.
c) To conduct subsurface investigation work if and as required for the Project.
d) To furnish and provide all materials, manage ment, personnel, equipment, hazardous
material abatement, supervision, labor and ot her services necessary to complete the
Project.
e) To provide the necessary design, consultan ts and documentation for all permitting,
zoning, historic preservation and US Commission of Fine Arts approvals.
f) To provide move coordination and logistics support for the Project.
g) To complete the transition, installation, upgrades of the Enteliweb platform, an
electronic building automated control system.
h) Coordinate the design and construction with the Office of the Chief Technology
Officer (“OCTO”) team to bring the school to current standards.
i) To participate in regularly scheduled SIT and Community Meetings throughout the
design process.
j) If applicable, the Design-Builder shall obtain Chapter 2 and Chapter 3 air quality
permits from the Department of Energy and Environment (“DOEE”) prior to the
installation of a boiler, stationary generator, or any other source of emissions subject
to those rules.
The Design-Builder shall provide the De partment with a GMP based on the Design
Development Documents and a subsequent GMP package shall follow this Agreement.
During the Construction Phase, the Design-Build er 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, insuranc e, bonds, and equipment necessary to fully
complete the Project in accordance with the dra wings, specifications, Project Schedule, and
Project Budget that are issued for the Project. The Design-Builder shall be responsible for
paying for and obtaining all necessary permits and paying all necessary fees for utility
connections and the like.
2.5.1 Project Sustainability Requirements
The Project is required to meet all local and national codes including but not limited to DC
Energy Conservation, the DC Green Construction Code, the Green Building Act, etc. The
project will also be required to meet the r ecent amendment to the Green Building Act, the
Greener Government Building Amendment of 2022 which went into effect on March 10, 2023.
In addition to the required codes, the Project is required to meet the following:
2.5.1.1 LEED Requirements: The Project shall be designed in such a way to incorporate,
at a minimum, LEED for Schools – Gold. Evaluation will be required to determine if the
level of renovation qualifies for LEED certification. If the Project qualifies, 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.) The Design-Builder is responsible for
the application and execution of LEED requirements where applicable.
2.5.1.2 Net Zero Energy and Energy Consumption Requirements: In conjunction
with the Greener Governments Building A mendment Act Appendix Z Requirements, the
Department requires the Project to become an Onsite Net Zero energy building, meaning
renewables needed to offset building energy use must be provided on site, see section below
regarding solar readiness. The Department requires the Design-Builder to achieve net zero
strategies in the building’s design and certification through either the International Living
Future Institute’s (“ILFI”) Zero Ener gy Building program or U.S. Green Building
Council’s (“USGBC”) LEED Zero program. The Design -Builder shall make
recommendations on the most advantageous certification program to the District, but the
final determination of credentialing shall be made by the District. The Project shall achieve
an energy use intensity (“EUI”) of 20 units or less to meet the energy consumption goals
of the Project.
2.5.1.3 Solar-Readiness Requirements: As part of the modernization, the Project will
need to be designed solar ready. The solar panels will be purchased, installed, and
maintained through the Departme nt by entering into a separate solar power purchase
agreement. The Design-Builder shall mak e the Project solar-ready by running electrical
conduit for future solar locations on roofs and/ or facades and building steel canopies to
support solar in the future in consultation with the Department’s solar owner representative.
The Design-Builder and the Departments solar owner representative will work together to
provide the required calculations to meet the requirements of Appendix Z onsite renewable.
All projects required to meet Onsite Net Ze ro Energy are required to offset all building
energy use within the bounds of the property. Solar panel, inverter material, labor costs,
and solar commissioning shall remain outside of the Design- Builder’s scope. While it is
assumed solar panels will be a part of the design to achieve Net Zero Certification, it shall
not be the only strategy to achieve the Project goals. The Design-Builder shall present
iterative design options to the Department and DCPS to ensure the net zero goals are in
alignment with program goals for the school.
2.5.1.4 Stormwater Management: The Design-Builder is responsible for meeting all
Stormwater Management requirements within the bounds of the project site. Additionally,
the Design-Builder shall explore the possibility of the creation of Stormwater Retention
Credits through the Department of Energy and Environment (“DOEE”) Stormwater
Retention Credit program. The Design-Builder is responsible for completing all the work
and documentation required for certification and final approval for Stormwater
Management facilities on the project.
Section 2.6. Program Manager.
The Department has engaged a Program Mana ger 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 issue
Change Orders, Contract Modifications, or Change Directives on the Department’s behalf. As
of the date that this Agreement is executed , the Department’s duly authorizing Contracting
Officers are set forth in Exhibit I.
Section 2.7. General Description of Design-Builder’s Duties.
Generally, 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-Build er. 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 work (“Scope of the Work” or “SOW”) and shall be provided by the
Design-Builder at Design-Builder’s sole expense.
The Design-Builder will be required to work with the Department and the Project stakeholders
through a collaborative design process to adva nce the programmatic Ed Specs to a fully
realized Project in accordance with the available Project budget. The Design-Builder will be
required to: (i) engage in extensive pre-desi gn and preconstruction efforts to ensure that the
design is developed in a manner consistent w ith the Department’s goals for the Project (e.g.,
programmatic, budgetary, schedule and quality); (ii) to develop a comprehensive Project
phasing; and (iii) to solicit competitive trade bids for the construction work and to develop an
acceptable GMP and corresponding scope and sc hedule 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 move coordination and logistics support. The
Design-Builder shall be responsible for all items of cost except for th ose items set forth in
Section 9.7 of this Agreement and will be required to provide a “turn -key” Project ready for
occupancy by DCPS.
Section 2.8. Warranties and Representations
1. All disclosures, representations, warranti es, 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.
2. If any disclosure, representation, warranty or certification the Design-Builder has made
or makes pursuant to the RFP or the Agre ement, including, without limitation,
representations concerning the Design-Builder’s construction or design experience and
qualifications, claims or litigation hist ory or financial condition, is materially
inaccurate, that shall constitute a materia l breach of the Agreement, entitling the
Department to any and all available remedies.
3. The terms and conditions of this Section 2.8 shall apply during both the Design &
Preconstruction and Construction Phases.
Section 2.9. Responsibility for Agents and Contractors.
At all times and during both the Design & Pr econstruction and Construction Phases, the
Design-Builder shall be responsible to the De partment for any and all acts and omissions of
the Design- Builder’s agents, employees, Subcontractors, 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.
Section 2.10 Building Information Modeling. Building Information Modeling ( “BIM”) is
required to be used throughout the lifecycle of the Project, including all Project phases from
Project planning and concept design through c onstruction, as-built, and into facilities
management. The BIM requirements are provided as Exhibit S . It is expected by the
Department that all team members are to be committed to the use of BIM in the Project, share
their ideas of BIM expertise with the team, provide BIM data as requested by other team
members, 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.
DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES
Section 3.1 Preconstruction Services.
During the design and preconstruction phase, th e 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 Docu ments; (iv) prepare and submit soft and
hard copies of the complete set of 60% Design Development Documents, Specifications and
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 assess ment 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/Engineer.
Section 3.1.1 Design and Preconstruction Phase Initial Deliverables
Section 3.1.1.1 Building System Assessment. If requested by the Department, within
twenty-eight (28) days after the Preconstructi on NTP is issued, the Design-Builder shall
conduct an assessment report of the building sy stems and submit a written report to the
Department that assesses whether the existing building systems can accommodate the new
space or if additional systems need to be added as part of this modernization. Such report
shall take into consideration the nature of this Project and the proposed Educational
Specifications. This report shall assess all of the buildings key systems, including, but not
limited to, HVAC, kitchens, roof, windows, ele ctrical, lighting, audio visual equipment,
intercom, fire alarms, and plumbing.
Section 3.1.1.2 Baseline Schedule. Within ten (10) days after the Contract 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 in corporate 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 ot her 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 28 days of Contract);
b. Construction Management Plan Submission (within 14 days of Contract);
c. Concept Design Submission (within 24 weeks of Contract);
d. Concept Design Department review period (21 days);
e. Early Start Agreement(s) Submission Date(s);
f. Schematic Design Submission;
g. Schematic Design Department review period (21 days);
h. 50% Design Development Submission;
i. Design Development Submission;
j. Design Development Department review period (28 days);
k. GMP Submission Date;
l. Permit Submission(s)
m. Anticipated Permit approval(s);
n. Construction Document Submission;
o. Construction Document review Period (21 days);
p. Release dates for the key subcontractors and long-lead materials, include the
following, if applicable:
i. Elevator(s);
ii. Switchgear;
iii. Transformer;
iv. Generator;
v. Security cameras;
vi. Door hardware;
vii. Playground equipment;
viii. Kitchen equipment;
ix. Furniture;
x. Windows, storefront, and curtainwall;
xi. Specialty Lighting; and
xii. Mechanical Equipment.
q. Excavation completion;
r. Below-grade structure completion;
s. Above-grade structure completion;
t. O&M final submission (required 6 months before Substantial Completion);
u. Temporary weather-tight completion;
v. Weather-tight completion;
w. Permanent power completion;
x. MEP systems operational;
y. Sitework completion;
z. Building trade inspections, include the following trades:
i. Elevator;
ii. Plumbing;
iii. Mechanical;
iv. Electrical;
v. Fire Alarm; and
vi. Sprinkler.
aa. Final building inspection;
bb. DOB COO application review period (10 days);
cc. Conditional or Final Certificate of Occupancy obtained;
dd. Staff Move-in (3 weeks before student move-in); and
ee. 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, monthly.
The Design-Builder shall work with DGS and DCPS to create a design review schedule
that works with the schedule of the school co mmunity and SIT. All SIT required review
shall be within the active months of school operations whenever possible and avoid reviews
during summer, winter, and spring breaks. Revi ew periods cannot be completed without
input from the SIT and school community. DGS shall be notified of any changes of design
milestone submission schedules at least two (2) weeks prior to the submission date to
accommodate for SIT Meeting scheduling.
The Project schedule is attached hereto as Exhibit B.
Section 3.1.1.3 Concept Design. No later than 24 weeks after the Preconstruction NTP is
issued, the Design-Builder shall prepare and submit a proposed concept design the Ed
Specs. As part of the concept design phase, the Department requests three (3) concept
options or alternatives. Each of the concept designs shall contain at least the level of detail
contemplated in industry best practices for a concept design. The design submittal shall
specifically identify any deviations from the Ed Specs and shall explain the rationale and
cost implications associated with such devia tion. The Department shall have the right to
disapprove the concept design submittal for an y reason. Following review of the concept
design submissions by DCPS and the Depar tment, the Department shall approve a final
concept design. The Design-Builder shall revise the concept design submission as
necessary to incorporate comments, feedb ack and other direction provided by DCPS and
the Department. The Design- Builder’s pricing shall assume tha t such revisions will be
required, and such revisions shall not entitle the Design-Builder to additional
compensation. The requirements for the Concept Design are as referenced in Exhibit W.
Section 3.1.1.4 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 general
conditions cost, and contingencies 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 ke y elements of the Project to better prioritize
and manage the use of the funding allocated to th is Project. All estimates shall be broken
out into three categories: renovation, new construction, and site work, where applicable.
Section 3.1.1.5 Baseline Budget and Program. The Department shall provide the Design-
Builder with a baseline budget and program an d comments on the concept design. Such
approval shall be provided (or signed by) the De partment’s Deputy Director for Capital
Construction (the “Deputy Director”). In th e event the Design-Builder does not receive
such approval within fourteen (14) days after submitting the Preliminary Budget Estimate,
it shall so advise the Program Manage r (“PM”), the Deputy Director, and the Contracting
Officer in writing of such failure and requ est direction. If the Design-Builder fails to
provide such notice, the Design-Builder will be proceeding at its ow n risk and will be
responsible for any redesign costs associated with budget revisions.
Section 3.1.1.6 Construction Management Plan. The Design-Builder shall submit a
draft of its construction management and project phasing 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 const ruction and deliveries, truck routes, trash and
debris removal plan, traffic and parking cont rol, communications procedures, emergency
procedures, quality control procedures, dust control, public street cleaning and repair,
planned occupancy of public ways, erosion control, tree protecti on plan, vibration
monitoring, existing and adjacent building surveys plan , temporary fire protection
measures, Project signage, pest control, construction staging plan, and construction
logistics plan.
Section 3.1.1.7 Disincentive Fee for Failure to Timely Provide 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 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 (and unless such failure is the result of any event of
Force Majeure), the Design-Builder shall be su bject to a disincentive fee in an amount of
Seven Thousand Five Hundred Dollars ($7,500.00) plus Five Hundred Dollars ($500) per
day after receiving written notice from the CO of failure to submit such deliverables.
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, archeologi cal studies, recommended testing, additional
geotechnical testing, and monitoring of historic assets.
Section 3.1.2 (Reserved)
Section 3.1.3 Design Services; Design Reviews.
The Design-Builder shall meet with the representatives of the Department and Client Agency
throughout the Design & Preconstruction Phase as the design progresses in order that these
representatives and other stakeholders can have input in and approve the design direction at
appropriate times. The Design-Builder shall en sure that the design is developed in a manner
consistent with the Project budget, i.e., designed-to-budget, as well as the programmatic
requirements set forth and attached hereto as Exhibit A and the Department’s other
requirements for the Project. The Project shall be designed in such a way so as to achieve, at
a minimum, LEED for SCHOOLS – GOLD principles, if required. All Design Documents shall
be prepared by the Design- Builder’s duly licensed architects and engineers. The GMP basis
documents and all interim design submissions shall be subject to review and approval by the
Department, and the Design-Builder shall be re quired to revise these Project documents to
address concerns raised by the Department and/or other Project stakeholders and such revisions
shall not entitle the Design-Builder to an increase in the Design Fee.
Section 3.1.3.1 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 copies of the 50% Design Development Documents
and budget, approximately half way through the Design Development phase as a progress
set to the Department; (v) prepare soft a nd hard copies of the complete set of 95%
Construction Documents, Specifications and Design-Builder’s cost estimate and schedule;
(vi) review existing condition assessment an d recommendation; and (vii) obtain all
necessary building permits to support the Project Schedule.
Without limiting the generality of the foreg oing, 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 & Precons truction 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 is sued 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 Departme nt’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 unde rtaking, the Design-Builder shall provide the
following:
Section 3.1.3.1.1 Schematic Design. The Design-Builder shall prepare a schematic design
for the Project that is a logical developm ent of the approved concept design and is
consistent with the Department’s schedule, budget and programmatic requirements. The
schematic design shall contain at least the level of detail contemplated in industry best
practices for a schematic design. 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 a review of the schematic design submission by DCPS and the Department, the
Design-Builder shall make revisions to the schematic design submission as necessary to
incorporate comments, feedback, and ot her direction provided by DCPS 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 requirements and tasks for the Schematic Design are as referenced in
Exhibit W.
Section 3.1.3.1.2 Schematic Budget Estimate 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 the preliminary budget estimate. Th e Design-Builder shall include a cost
estimate and value engineering analysis and detailed recommendations for Project savings
(even if the Project is not over budget). To the extent the budget update shows an overrun
from the approved budget, the Design-Builder shall submit value engineering (not scope
reductions, but true value engineering that allows the design to meet all Project
requirements within budget) 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 Deign-Builder shall proceed on the assumption that the budget remains as
originally directed by the Department.
Section 3.1.3.1.3 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 a
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) co mparable products; and (iii) identify any long-lead
delivery items that could adversely affect the schedule contemplated in this RFP. To the
extent any such long-lead items ar e identified, the memorandum shall make
recommendations for addressing such items.
Section 3.1.3.1.4 Entitlements. The Design-Builder shall prepare, as part of the design
and pre-construction phase, such materials and make such presentations as are necessary to
obtain the required land use and entitlement app rovals. Approvals may be required from
but not limited to: (i) the Office of Zoning; (ii) Office of Planning ( “OP”); and (iii) the
Commission of Fine Arts (“CFA”).
Section 3.1.4 Design Development Phase & Early Release Packages.
The Design-Builder shall prepare a set of Desi gn Development Documents that is a logical
development of the approved schematic design a nd is consistent with the Department’s
schedule, budget and programmatic requirements . Prior to the full Design Development
Submission, the Design-Builder shall submit a progress set of drawings, specifications, and
budget at the half-way point through the Design- Builder’s Design Development phase The
final Design Development Documents shall contain at least the level of detail contemplated in
industry best practices for Design Development Documents. 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 Design-Builder shall
include a cost estimate and Value Engineering Analysis and Detailed Recommendation for
Project savings (even if the Project is not over budget). The Design-Builder shall provide
maintenance and repair cost services, which includes conducting a 40-year life cycle cost
analysis, which includes a detailed list of replacement costs, maintenance costs, an estimate of
repair costs, anticipated energy costs, and a list of other relevant life cycle costs. The Design-
Builder shall further refine and expand upon the Maintenance and Operations Plan that was
submitted in the Schematic Submission. The Department shall have the right to disapprove the
Design Development Documents submittal for any reason.
Section 3.1.4.1 Design Development Submission. The Design-Builder shall prepare the
design development submission for review a nd comment by the Client Agencies and the
Department. Such design development submission shall include the elements and
information listed below:
The design development submittal shall include at least, but not limited to, the following:
a) Detailed and dimensioned plans, wall sections, building sections, and
schedules;
b) Draft Specifications for materials, systems, and equipment;
c) Complete code compliance analysis and drawing;
d) Space-by-space equipment layouts for key spaces. As part of the design
development phase, the Design-Builder and/or the Design- Builder’s architect and
any design consultants shall confer with representatives from DCPS and the
Department regarding these layouts to confirm that they are acceptable to DCPS;
e) A final design and lay-out for furniture, fixtures, and equipment;
f) An interior finishes schedule;
g) Preliminary designs for all building system upgrades, including low voltage/AV/IT.
With regard to HVAC systems, the sub mission should include: (i) a detailed
description of the proposed mechanical systems; (ii) their general layout, including
‘Single-Line Diagrams’ (aka ‘Riser Diagrams’); and (iii) any required load
calculations. The HVAC design solution would also include preliminary layouts of
other major components of the HVAC system, including the type and location of
energy recovery units (“ERUs”), variable air volume (“VAV”) boxes, condensing
units, and any related system appurtenances;
h) Updated LEED scorecard;
i) Present the design to CFA, OP, HPO, and other regulatory agencies as required;
j) Register the Project with the U.S. Green Building Council (“USGBC”) to obtain
LEED certification and pay all registration fees;
k) Register the Project with ILFI or U.S. Green Buildings;
l) Register the Project with International Well Building Institute (“IWBI”) for WELL
Gold Certification;
m) Participate in SIT Meetings, and community meetings as required by DGS/DCPS;
n) Coordinate with the DC HPO and other ag encies, commissions, groups, etc. as
required to assess and determine historic and/or archeological significance and
requirements. Attend meetings and hearings if necessary;
o) Respond in writing to all DCPS and DGS comments on plans;
p) Prepare a presentation and provide a minimum of three (3) presentation boards for
each community meeting and present/display onsite. Presentation boards shall be in
full color and include at least four (4) 3-D renderings and presentations shall also
include a digital slide presentation;
q) Coordinate final utility plans, as required;
r) Act as scribe for all design-related mee tings. Distribute meeting minutes to all
attendees;
s) Baseline Schedule monthly updates in the format set forth in the RFP; and
t) Prepare and submit one (1) electronic copy in PDF of Design Development
Documents including detailed specifications, Cost Estimate, and schedule to the
District staff for review and approval. (60% plan review). Components to include,
but are not limited to:
i. Site plans, paving layouts, traffic circulation, lighting, signage, and utilities;
ii. Floor plans, Structural, Civil, Arch itectural, mechanical, electrical, and
plumbing (“MEP”), Fire Protection and landscaping, etc.;
iii. Exterior elevations, rendering and color palette;
iv. Building sections and details as required;
v. Interior elevations, casework and millwork elevations as required;
vi. Playground equipment, if applicable;
vii. Stormwater management;
viii. Food service or other equipment as required;
ix. LEED Information as appropriate;
x. WELL Score Card;
xi. Final Draft of the “Percent for Art” Publ ic Art Package to be used as the
scope for the Artists’ RFP;
xii. Cost Estimate;
xiii. Value Engineering analysis and d etailed recommendation for Project
savings (even if the Project is not over budget);
xiv. Energy Report that includes all reco mmended strategies applicable to
achieving the energy consumption goals (EUI requirements);
xv. Maintenance and Operations Plan; and
xvi. Quality Control Plan.
Section 3.1.4.2 Early Release Packages/ Long Lead Materials/Abatement & Demolition.
Section 3.1.4.2.1 Abatement & Selective Demolition. Once the concept 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 3.1.4.2.2 Long Lead Materials. The Department will release funding for long-
lead items once the Schematic Design Document s have been approved. If the Design-
Builder believes an earlier release is required in order to meet the Project Schedule, it shall
advise the Department and make a recommend ation as to the requested release date. Any
decision to authorize an early start shall be made by the Department in its sole and absolute
discretion.
Section 3.1.4.2.3 Permits. The Design-Builder shall be responsible for preparing and
submitting all of the required permit applications that are necessary to complete the Project.
The Design-Builder shall develop a list of the required permits and shall track the progress
of all such permits through the review proc ess. 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 perm it expediters as the Design-Builder deems necessary or
appropriate in light of the Project’s schedule. The Design -Builder shall be encouraged to
participate in DOB’s program for accelerated plan reviews and permit approval program as
part of the permit allowance included in this Contract. The Design-Builder shall provide
the resources necessary to support these requir ements. If applicable, the Design-Builder
shall obtain Chapter 2 and Chapter 3 air quality permits, as required by the Department of
Energy and Environment (“DOEE”) prior to the installation of a boiler, stationary
generator, or any other source of emissions subject to those rules.
Article 4 - FORMATION OF GMP PROPOSAL
Section 4.1. General.
The Design-Builder shall provide the De partment with a GMP based on the Design
Development Document.
During the Design & Preconstruction Phase, the Design-Builder shall cause the Design-
Builder’s Architect to prepare the GMP Basis Project Documents. Based upon the GMP Basis
Project 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 Project Documents will be incomplete at
the time it submits its GMP Proposal. Although complete construction Project Documents will
not be available and many details will not be shown on GMP Basis Project 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-Build er 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 am ounts to provide and construct any items or
facilities that are not contained in the GMP Basis Project Documents, but which are necessary
for a fully functioning facility that meets the programmatic requirements established for the
Project. The Design-Builder wi ll further covenant and agree in the GMP Amendment that it
will perform all of the construction work neces sary for the Final Completion of the Project,
including, without limitation, aspects of the Work that are not shown on the GMP Basis Project
Documents, but which are a logical development of the design intent reflected in the GMP
Basis Project Documents, for an amount not to exceed the GMP.
Section 4.2 Review of GMP Basis Project Documents.
The Department has selected the Design-Builder, in large part, because of its special expertise
in constructing similar projects. Before submitting its Guaranteed Maximum Price, the Design-
Builder shall review the GMP Basis Project Documents for accuracy, constructability, and
completeness and shall bring such deficiencies to the attention of the Department and shall
cause its Architect to address a ny such deficiencies. To the ex tent that any such deficiencies
in the GMP Basis Project 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 includ e 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 Project Do cuments 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 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 (t he “Contingency”). During the Construction Phase, the Design -
Builder shall keep the Program Manager and the Contracting Officer informed as to the status
of the Contingency and shall, at a minimum: (i) advise the Program Manager and Contracting
Officer when draws reach 3% upon the contingency in a timely manager; and (ii) provide the
Program Manager and Contracting Officer 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 s eek 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 trade
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. A copy of this deliverable must be submitted to both the
Program Manager and the Contracting Officer. 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 Bidding. 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). Tr ade packages shall not be parceled,
split or divided to avoid the $100,000 threshol d. 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 per formed 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 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 a 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 reco ncile 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 the 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 Design-Builder ’s Architect to implement and
price any approved Value Engineering strategies.
Section 4.6 Basis of Guaranteed Maximum Price.
Based on the trade bids, the Design-Builder shall submit a GMP proposal to the Department.
The GMP Proposal shall include the following elements:
a) A list of drawings, specifications, adde nda, general, supplementary, and other
conditions on which the GMP is based.
b) A list of unit prices and allowance items a nd a statement of their basis. The Design-
Builder shall include the following allowan ces: Permit Allowance (including cost for
the DOB’s Accelerated Program) ($800,000.00), Public Art Allowance ($450,000.00),
Utility Allowance ($400,000.00), Public Space Improvements Allowance
($500,000.00), Six Months’ Maintenance Allowance ($500,000.00), and Owner
Controlled Allowance ($250,000.00).
c) 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 ( Exhibit Z ). Such
memorandum shall specifically address an y changes in the Project aesthetics,
functionality or performance.
d) The proposed GMP, including a statement of the detailed cost estimate organized by
trade categories, allowances, contingency, a nd other items and the fees that comprise
the GMP.
e) 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.
f) 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, upon which the GMP is based.
g) A summary of Capital Cost vs Operating Cost Eligibility.
h) A list of additive alternates or deductive alter nates with defined executable dates, if
any.
i) GMP and any Council Package cost estimate summary shall be broken down into three
categories as applicable: New Construction, Renovation and Sitework. A separate
summary shall be provided that notates any previous contract approval such as the letter
contract or any early start agreements.
j) Each GMP 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 costs, except wh en deemed the responsibility of the
Department in accordance with this Contra ct. 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 to 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 applicab le line items in the GMP, the surplus
will be added to the Design- Builder’s Contingency for that Project. If bids
exceed the applicable line items in a GMP, the deficiency will be charged to
the Design-Builder’s Contingency for that Project, however, such events shall
not because to 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-Bu ilder’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
i. The Department retains the right to in crease the GMP in lieu of charging any
cost to the Department’s 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 Department’s Contingency, the
Design-Builder shall prepare an RCO, identifying the amount sought to be
charged to the Department’s 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 Architect and the Department shall have
the authority to verify the actual costs incurred. No costs may be charged to
the Department’s 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 th at 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 for review and approval by the Council for the District of Columbia (the
“Council”) in the event it exceeds the previously approved not -to-exceed limit established in
the Agreement by more than $1 million. In such an event, the GMP shall not be effective until
so approved and executed by the Parties.
Section 4.9 GMP Amendment.
In the event, that 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 Project documents and
information developed through the date of termination to retain a new contractor to complete
the Project. In such an event, the Design-Build er shall only be entitled to Fifty percent (50%)
of the Preconstruction Fee.
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 termina te this Agreement, and if requested by the
Department, the Design-Builder shall assign any trade subcontracts and its agreement with the
Design-Builder’s Architect to the Department upon such terms and conditions and at the time
requested by the Department. In such an even t, the Design-Builder shall forfeit fifty percent
(50%) of the Preconstruction Fee.
Section 4.11 Certification.
As part of the GMP Proposal submitted in accordanc e with this Article, the Design-Builder
agrees to specifically acknowledge and decl are that the Contract Project 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 Amendmen t 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 sha ll 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 careful ly examined all drawings and specifications
provided to it.
Section 4.12 Self-Performed Work. The Design-Builder and its affiliates may not carry out
trade work with its own forces without th e Department’s written permission, for which
permission may be withheld or conditioned by the Department in its sole and absolute
judgment.
Section 4.13 Shared Savings. In the event there are GMP savings, excluding any Owner
Allowances and Owner Contingency, the GMP savings shall be split 70/30 with 70% allocated
to the Department and 30% allocated to the Design-Builder. The maximum allocation to the
Design-Builder shall be $990,000.00. Shared Sa ving will only be contemplated once all
closeout and punchlist items are completed and a full financial log and subcontractor back up
can be provided. The financial log shall incl ude, completed buyout log for all divisions and
trades, Construction Contingency log, Owner Contingency and Allowances log, and Approved
Change Order Log.
Section 4.14 Unsafe Materials and Hazardous Materials
Section 4.14.1 The Design-Builder shall not bring, spill or release onto the site asbestos,
polychlorinated biphenyls (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 it 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 4.14.2 The Design-Builder shall abate and re move Hazardous Materials on or within
the site as necessary to complete the Work c ontemplated by this Agreement. The Design-
Builder shall comply with all laws, incl uding, without limitation, the requirements of the
Environmental Protection Agency (“EPA”) and all jurisdictional agencies, as well as all laws
relating to safety, health welfare, and protec tion 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 4.14.3 The Design-Builder shall be entitled to submit a change request in accordance
with Article 3 of the Standard Contract Provis ions (Construction Contracts) in the event the
Design-Builder encounters Hazardous Mater ials beyond those contemplated in the Contract
Documents.
Section 4.14.4 The Design-Builder shall keep detailed records documenting Work done so that
the Department may independently verify co mpliance with all laws, the number of units
actually removed, treated, and/or di sposed of, and the appropriate unit price(s) applicable to
the Work.
Article 5 - CONSTRUCTION PHASE
Section 5.1 General.
The Construction Phase shall not commence until the Department issues a NTP for
Construction Phase Services. The Design-Build er shall, through Subcontractors or, with the
written consent of the Department, with the Design-Builder ’s own forces, perform all of the
Work necessary to construct the Project so that it is complete, safe, and properly built in strict
accordance with the approved Construction Pro ject documents and the other requirements of
this Agreement. Without limitation, the Design-Builder shall provide all of the labor, materials,
tools, equipment, temporary services, and facili ties necessary to complete the Project in
accordance with the drawings, specifications, Schedule, and Budget that are issued for the
Project. The Design-Builder shall be respons ible for paying for and obtaining all necessary
permits and to pay all necessary fees for utility connections. The Work shall be carried out in
a good and workmanlike, first-class manner, a nd in a timely fashion. All materials and
equipment to be incorporated into the Project shall be new and previously unused unless
otherwise specified by the Department and shall be free of manufacturing or other defects.
Section 5.1.1 Construction Administration. The Design-Builder, through its
Architect/Engineer, shall provide construction ad ministration services to support the
construction phase of the Project. The Work shall include, but is not necessarily limited to, the
following:
The Work shall be accomplished in accordance with the following:
a. Manage all aspects of the Project.
b. Manage weekly progress meetings. Site visits are included in the Design-Build Fee.
c. Provide completed Quality Control checklists for implementation of the Project.
d. Review and process shop drawing submissions, RFIs, 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
Contractor’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.
Section 5.1.2 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 por tions 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 5.2 Design Completion.
Section 5.2.1 Mid-Point Construction Project Document Review. Based on the approved
Design Development Documents and any approve d Value Engineering, the Design-Builder
shall prepare a set of Construction Documents. It is contemplated that the Construction
Documents will be issued in several differen t 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 a nd submit a progress printing to the Department
for its review and comment.
Section 5.2.2 Construction Project Document Review & Coordination. The Design-
Builder shall complete each of the Construction Documents packages in a manner that
addresses the concerns raised by the De partment during the review contemplated in Section
5.2.1 for such package. The Design-Builder shall issue one or more sets of permit documents
to the Department for its review and approval (“Permit Set”). With regard to each such set, the
Design-Builder shall highlight (or bubble) any aspect of the desi gn 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 of 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 Project Schedule unless such a pa ckage 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 Project Schedule.
Section 5.2.3. Code Review. The Design-Builder shall subm it the Permit Set to the
Department of Buildings (“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 Design-
Builder’s Architect shall highlight (or bubble) any aspect of the design that represents a
material deviation from the permit set Project 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 building permits, the Design-Builder shall
prepare one or more sets of “issued for construction Project documents” (the “IFC Set(s)”).
Section 5.2.4. 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 5.2.5 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 Program Manager and third-party plan reviewer during the building permit
process.
Section 5.2.6 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 fina l 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 5.3 Subcontracting and Administration
Section 5.3.1 It is contemplated that all or substant ially 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 Section 4.4. The Design-Builder
shall enter into a written agreement with each subcontractor. The trade subcontractors will be
underwritten 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 con sent 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 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 al l 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 limi tation, affirmative action re quirements 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 bi dder 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
subcontractor 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 subcontractor 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 the provision of all services and materials
for the Project (other than Self-Performed Work which must be authorized in advance and in
writing by the Department) via written subcontracts or, for contracts requiring the 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 s upply 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 subcontractor
supply agreement, entitled to enforce any rights thereunder for its benefit;
Section 5.3.8.4 that the Subcontractor or supplier consents to the 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);
Section 5.3.8.8 that, if the Department terminates the Agreement for convenience, the
Design-Builder may similarly termina te the Subcontractor supply agreement for
convenience, and that the Subcontractor or suppli er shall, in such a case, be entitled only
to the costs set forth in Article 6 of the Standard Contract Provisions (Construction
Contracts);
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 subcontractor supply agreement priceless
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 sh all 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 a 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 p rovisions substantially 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 m onies paid to the Design-Builder under the
Agreement shall be used firs t to pay amounts due to Subcon tractors 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-Bui ld 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 a 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 Contracting Officer and DSLBD’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 c onfirm amounts due and owing to them or
amounts paid to them for Work on the Project, a nd to ascertain from the Subcontractors or
suppliers at all tiers their projections of the co st 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 a timely fashion (other than for disputed amounts), and if the Design-Builder
fails to cure the problem within five (5) cale ndar 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 check. If the payment was already made to the contractor,
the joint check be for future payments (if any).
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 5.3.15 The Design-Builder shall be required to provide to the Contracting Officer a
certificate of insurance for each subcontractor before such subcontractor begins work.
Section 5.4 Weekly Progress Meetings & Schedule Updates.
The Design-Builder shall schedule and conduct, at a minimum, weekly progress meetings
following the Design-Builder’s generated agenda at which the Department, the Design-
Builder’s Architect, the Program 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-Build er 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 sche dule), 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 th ose related to major changes in the scope of
work, activities modified since the last update, revi sed projections of durations, progress, and
completion, revisions to the schedule logic or a ssumptions, 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 the information provided. Submission of updates showing that
Substantial Completion or Final Completion of th e 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.
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 Not ice to Proceed 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 d elays; (ii) an updated cost report; (iii) a
monthly review of cash flow; (i v) a quality control report; (v) progress photos; and (vi) an
updated buyout log for all awarded subcontracts . Such written report shall include the
following elements:
Section 5.5.1 Construction Progress Update. Each monthly update shall contain a narrative
description of the Project progress and a critica l 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 Guaranteed Maximum Price
line item, the original line-item amount , approved, pending, and projected Change Order
amounts, the cost incurred to date, the projecte d 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. Th e report shall explain all variances including
“buy-outs” or final actual costs including those below their respectiv e Guaranteed Maximum
Price line item. In addition, the report must disclose any instances in which the Design-Builder
has transferred amounts from one line item to an other, or from the Contingency to any other
line item. Neither submission nor the Department ’s failure to reject an u pdate reflecting that
the projected cost to complete the Project exceeds the Guaranteed Maximum Price 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 ag reements with material suppliers awarded to
LSDBEs; (iii) a listing of s ubcontracts 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 opportuni ties 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 th at 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, Su bcontractors 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 Design-Builder’s 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 approv ed by the Department, which shall include,
without limitation, regular monitoring of actual co sts for activities in progress and estimates
for uncompleted tasks and proposed changes. Th e Design-Builder shall identify variances
between actual and estimated costs and report th e variances to the Department, the Design-
Builder’s Architect, and the Program Manager at regular intervals.
Section 5.7 Key Personnel.
Section 5.7.1 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. Among other things, the Key Personnel shall include:
A - Key Personnel of the Design-Builder:
i. Project Manager
ii. Superintendent
iii. Project Executive
B - 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
It is contemplated that these Key Personnel wi ll 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 Pers onnel but is determined by the needs of the
Project. The Design-Builder shall not re place any of the Key Personnel without the
Department’s prior written approval. 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 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, including, but not limited to, a current resume of the proposed
replacement to include qualifications and experience.
Section 5.7.2 Certain members of the Design-Builder’s Key Personnel shall be subject
to a replacement fee for their removal or r eassignment by the Design-Builder. Those
members of the Design- Builder’s Key Personnel subject to a replacement fee shall be
identified in Exhibit F as subject to the replacement fee provisions. In the event there is
no delineation in Exhibit F of those members of the Design- Builder’s Key Personnel
subject to the replacement fee provisions of this Agreement, then all of the Key Personnel
shall be subject to the replacement fee provisions of this Agreement.
Section 5.7.2.1 Removal or Replacement of Key Personnel. Subject to the terms of Section
5.7.1, 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 to the Department ’s Contracting Officer the amount set forth in
the Project Information Section of this Agreement as replacement fee and not a penalty, to
reimburse the Department for its administ rative costs arising from the Design- Builder’s
failure to provide the Key Personnel. The for egoing replacement fee amount shall not bar
recovery of any other damages, costs, or expenses other than the Department’s internal
administrative costs.
Section 5.7.2.2 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’s Contracting
Officer. In the event, that the Department exercises the right to remove, replace or to
reduce the scope of services of the Design-Build er, 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 remaini ng 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’s Contracting Officer.
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 co operate with one another on the Project. The
Design-Builder shall enforce strict discipli ne, good order, and harmony among its employees
and its Subcontractors and shall remove from the site any person who is unfit for the work or
fails to conduct herself or himself in a prope r and cooperative manner. If the Department
requests the 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 Project 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 defe cts 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 Project 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 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 Wo rk 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 No n-Excusable and shall not entitle the Design-
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 Commer ce, 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, whether 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 a 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 St andard Contract Provisions (Construction
Contracts) 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 th e control of the Design-Builder; provided,
however, that in no event shall a Non-Excusable Delay or the action or inaction of the
Design-Builder, or any of its employees, agen ts, Subcontractors or material suppliers be
deemed an Excusable Delay; or
Section 5.11.3.3 Delays caused by differing Site Co nditions as permitted by Article 4,
Section A of the Standard Contract Provisions (Construction Contracts) 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 foregoing, a delay shall be deemed to be an Excusable Delay only to the
extent that such delay: (i) warrants an ex tension 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 mak e a claim for an adjustment in the 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.
Section 5.12.1 The Design-Builder will be required to provide a safe and efficient site, with
controlled access. As part of this obligati on, 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 requ irements set forth in Article 16, Section F of the
Standard Contract Provisions (Construction Contracts).
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 Depa rtment 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 re vising 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 S tandard Contract Provisions (Construction
Contracts).
Section 5.12.3 Safety Barriers/Fences. As part of its responsibil ity 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 th at are then being used by the Client Agency
for educational purposes. The Design-Builder sh all 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. Site Security shall be included in the Design-Builder’s General Conditions Cost.
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.
5.12.6 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 De sign-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 su rrounding community. To the extent that the
number of workers on the site is likely to ha ve 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 accumu lation 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 potentia l 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.
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 full-time, on-site construction supervision and provide daily
inspections, quality control, monitoring, coordination of various trades, record drawings, and
daily work log.
Section 5.14 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 before Substantial Completion, the Design-Builder shall
cause the Design-Builder’s 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 addition al work items that are discovered during such
inspection. The Design-Builder shall correct all punch list items no later than sixty (60) days
after Substantial Completion is achieved.
Section 5.14.3 Warranties & Manuals. The Design-Builder shall prepare and submit the
following Project documentation in acco rdance with the Turnover Manual Exhibit T: (i) a
complete set of product manuals (“O&M” or “Operation and Maintenance Manuals”), training
videos, draft and final warranties, etc.; (ii) at tic stock; (iii) an equipment schedule; (iv) a
proposed schedule of maintenance for the new buil ding; (v) environmental, health and safety
documents for the new 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 Com pletion, the Design-Builder shall prepare and
submit: (i) a complete set of its Project files; and (ii) a set of record drawings, including BIM
models. The Design-Builder shall provide a maintenance and repair cost services report, which
includes conducting a 40-year lif e cycle cost analysis, which includes a detailed list of
replacement costs, maintenance costs, an estimate of repair costs, anticipated energy costs, and
a list of other relevant life cycle costs.
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 th e 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. All training shall be electronically recorded and turned over to the
Department for future use.
Section 5.14.6 The Design-Builder shall assist Client Agency in relocating FF&E and other
items as necessary within the renovated buildin g, as well as for cleaning and other move-in
services as directed by the Department. Th e 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 Protection of Existing Elements.
The Design-Builder shall protect all existing fe atures, public utilities, and other existing
structures during construction. The Design-Build er shall protect existing, site improvements,
trees, and shrubs from damage during constru ction. Protection extends to the root systems of
existing vegetation. The Design-Builder shal l not store materials or equipment, or drive
machinery, within the drip line of existing trees and shrubs.
Section 5.17 Sediment and Erosion Control.
The Design-Builder shall be responsible for inst alling sediment and erosion control measures
in accordance with DOEE guidelines, inclusive of, but not limited to : silt fencing, inlet
protection, stabilized construction entrances, and other control measures. The Design-Builder
shall be responsible for scheduling and coordination of DOEE Kick-Off Meeting.
Section 5.18 Quality Control.
Section 5.18.1 General Obligation. The Design-Builder shall be responsible for all activities
necessary to execute, manage, control, and document work for ensuring compliance with the
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 development, preconstruction, construction, and
closeout phases. All contract-related work activities and their implementation procedures
described within this quality control plan sh all also address safety, measures to ensure
regulatory permit & code compliance, submittal management, change document
processing/incorporation, reporting, and all othe r functions necessary to achieve the highest
levels of quality during design and construction efforts. The Design-Builder’s Quality Control
(“QC”) Plan submittal must include statements affirming compliance with DGS QC Program
requirements. These requirements describe design & construction phase stipulations driving
satisfactory integration of Definable Features of Work (“DFOWs”) identified by DGS as being
essential to overall Project success.
Section 5.18.2 Quality Control Plan. Within thirty (30) days after the Notice to Proceed
(NTP), the Design-Builder shall develop a Quality Control p lan for the Project (the “Quality
Control Plan”). A draft of the Quality Control Plan shall be submitted to the Department and
shall be subject t o the Department’s review and approval. This draft shall comply with the
guidelines and include at a minimum, the ne cessary components for Quality Control Plan
development described within the Department’s Quality Control Master Program (Exhibit U).
The Quality Control Plan shall be tailored to the specific products/type of construction
activities contemplated in the Design Development Documents, and in general, shall include a
table of contents, quality control team organ ization, and hierarchical arrangement detailing
ongoing, regular interaction/coordination within the Design- Builder’s teams,
duties/responsibilities of quality control personnel, submittal procedures, schedule of specified
inspection & testing requirements, deficiency correction procedures, issues & conflicts
resolution, RFI documentation process, change management, as-built record-keeping of
contract documents and a listing of customized quality control procedures, that will be required
to ensure key elements of the Work are executed in conformance with design documents.
Examples of a few key elements that necessitate focused attention and involvement of
competent agencies include MEP-Energy system s startup/commissioning, security systems
integration, and building envelope multi-trade coordination. Mockup construction
requirements must be incorporated into the p lan, in order to establish a minimum standard of
acceptance by the Department, for the Project’s most visible and critical structural-architectural
building elements like CIP concrete and exteri or facades. The Quality Control Plan must
clearly describe requirements addressing the involvement of qualified personnel for critical
building elements and any delegated design features that require engineered solutions, backed
by supporting analysis data.
The Quality Control Plan must clearly describe quality control measures such as using
Department’s Quality Control Master Program 3-phase checklists recommended to be
undertaken by both design & construction teams. Prior to the construction phase commencing,
the Design-Builder must advise the Department regarding the status of their drawing &
specification documents, from a percentage completion standpoint. For that matter, the design
phase quality control effort shall provide metr ics to gauge whether the design documents –
drawings & specifications – are as complete as possible, prior to the Design-Builder ’s
groundbreaking. DGS QC Program Design Phase Checkli sts include metrics to perform this
evaluation of design documents. Similarly, the Quality Control Plan must describe in detail
the quality control mechanisms proposed to be implemented by the Design-Builder for
ensuring adherence with design documents by way of minimal rework and maintaining the
highest standards of construction. The Quality Control Plan must detail a description of any 3rd
parties suggested to be hired by the Departmen t such as building envelope consultants and
commissioning agents.
Section 5.18.3 Implementation. During the Construction Phase, the Design-Builder shall
perform regular quality control inspections and create reports using the 3-phase inspection
checklists included within the DGS Quality Con trol Master Program manuals based on such
inspections pursuant to the Quality Control Plan. The quality control reports with the 3-phase
Checklists shall be provided to the Department electronically on a monthly basis. The Design-
Builder shall incorporate a quality control se ction in the progress meetings to discuss
outstanding deficiencies, testing/inspections, an d 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 upd ated 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, and 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 the s tatus of critical submittals affecting work
progress, elaborated further within the descriptive work narrative accompanying
CPM baseline schedule and subsequent, regular updates’ 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 to and cross- reference the Project’s testing &
inspections schedule described above with Section 5.18.2.
5. Submittal Schedule detailing the status of all Project submittals.
Section 5.19 Acceleration.
Subject to the terms of this Section, the Departmen t shall have the right to direct the Design-
Builder to accelerate the Work if, in the r easonable judgment of the 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 sche dule 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 th e 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 or
the Substantial Completion Date.
Given the nature of the Project and the fact th at 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 will include sufficient funding in the GMP
in order to comply with the requirements of this Section.
Section 5.20 Corrective Action Plan.
Subject to the terms of this Section, the Departmen t shall have the right to 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 b eing installed fails to comply with generally
applicable industry standards, requirements set forth in the specificati ons 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
determines 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 Depa rtment 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 ins tance, 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. w ithin 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 r easonable 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 or the Substantial Completion Date.
Section 5.21 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 re quired 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.
Electronic storage and transmission of inf ormation 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 info rmation 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-B uilder to perform under the Agreement in
conformance with the Department’s Procurement Regulations and all applicable 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 Depar tment may, at its sole discretion: (i) apply for
variance to the requirements of adhering to the Green Building Act on the Project; and (ii)
consider deferring the scope of work associated with stormwater 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 foregoi ng, 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 in 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 and below:
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/per mits (boiler, elevator, emergency evacuation
plans, health inspection, etc.).
j) Final Maintenance and Operations Plan.
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 limit ations on their authority specified in Exhibit I,
these representative(s) shall have the exclusiv e 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 Pr oject 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 th e 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 Depart ment retains the right to
approve candidates to serve as on-site personne l 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 app roval. During the entire term of the
Agreement, 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 build first-class state-
of-the-art buildings and projects that are similar to the Project in large urban areas.
7 Article 7 - COMPENSATION AND PAYMENTS FOR DESIGN &
PRECONSTRUCTION PHASE SERVICES
Section 7.1 Compensation
Section 7.1.1 The Department shall compensate and mak e payments to the Design-Builder
for Design & Preconstruction Services in accordance with this Article 7 and Article 10. 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 Pr econstruction Phase Services. The
Preconstruction Fee shall include, but not be limited to, amounts necessary to compensate the
Design-Builder for:
x Profit;
x Home Office Overhead;
x Fringe Benefits associated with staff cost;
x Payroll taxes associated with staff costs;
x Staff costs associated with obtaining permits and approvals during the Design &
Preconstruction Phase;
x Out-of-house consultants;
x Travel, Living, and Relocation expenses;
x Job vehicles;
x Office equipment including but not limited to:
o Computer hardware and software;
o Fax machines; and
o Copying machines;
x Office supplies;
x Telephone; and
x Local delivery and overnight delivery costs.
Section 7.1.2 The Department shall compensate and mak e payments to the Design-Builder
for design services in accordance with this Ar ticle 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”).
Section 7.2 Payments
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 plus the Design
Fee.
Section 7.2.2 Payments are due and payable in accordance with Article 11 of this Agreement.
Amounts unpaid after the date of which payments are due shall bear interest in accordance with
the Quick Payment Act.
8 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-Bui lder’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 th e 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 duration 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 th e 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 afte r 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) the Department’s Deputy Director fo r Capital Construction or their desig nee; (ii) Client
Agency (DCPS) Chief of Facilities or th eir designee; (iii) DGS Contracting Officer or their
designee; (iv) DGS Capital Construction repr esentative; and (v) Client Agency (DCPS)
Facilities representative. Committee members shall not include an individual who has day-to-
day interactions or involvement on the Project, or an individual who is presently involved in an
active project with the Design-Builder.
Section 8.1.2 The Design-Builder may earn the At-Ris k Portion of the Design-Build Fee in
accordance with Exhibit R.
Section 8.2 Lump Sum General Conditions Cost.
The Design-Builder shall propose a lump sum amount for the cost of General Conditions, and
this lump sum amount shall be the extent of what the Design-Builder is entitled to recover for
the cost of General Conditions (such cost, th e “Lump Sum General Conditions Cost”). The
Lump Sum General Conditions Cost shall not be increased or decreased as a result of Change
Orders or Change Directives unless such changes: (i) extend the duration of the Project beyond
the time Substantial Completion Date; and (ii) the Design-Builder can demonstrate to the
satisfaction of the Department that such additional General Conditions costs are necessary and
not due to any fault of the Design-Builde r, its subcontractors, materialmen, consultants or
anyone making claims thereunder. To the extent the Design-Builder incurs General Conditions
Costs 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, by written
Contract Modification, an increase to the Lump Sum General Conditions Cost. Nonetheless, in
such an event, if the Design-Builder excee ds 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 A greement (the “Initial NTE”). In no event shall the
Design-Builder be entitled to recover more th an the Initial NTE unless the Design-Builder is
authorized to exceed the Initial NTE by the Depar tment 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 “cap ital” expense under the Department’s financial
guidelines to the extent capital money is to be expended. In making such a request, the Design-
Builder shall submit an itemized breakdown of th e 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.
9 The Department has established the Project Budget as set forth in the Information Section
of this Agreement. When the GMP is estab lished, such GMP shall not exceed the Project
Budget, and such GMP shall include any and all amounts which may be due to the Design-
Builder pursuant to this Agreement. In no event shall the Design-Builder be entitled to recover
more than the GMP unless the Design-Builder is authorized to exceed the GMP 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-relate d events, which might reasonably affect:
(i) existing Project Budget; 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 A 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 Co mpletion 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 punch list 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, and in
accordance with Section 18.8, 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 punch list or warranty work) require the Design- Builder’s services at the
Project to extend 30 days or more beyond the Substantial Completion Date.
Section 8.6 Reserved
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 costs plus indirect labor costs
such as insurance, taxes, fringe benefits an d welfare provided such costs are considered
reasonable. Indirect costs shall be itemized and verified by receipted invoices. If verification is
not possible, up to five percent (5%) 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 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 online 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 Design-
Builder shall submit written certification to the Contracting Officer 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-Bui lder will be based solely on an hourly rate
derived by dividing the current appropriate mont hly 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 9.1.
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.
Article 9 - COST OF THE WORK FOR CONSTRUCTION PHASE
Section 9.1 Cost of the Work.
The term “Cost of the Work” shall mean the costs necessarily incurred by the Design-Builder
in the proper performance of the Work and shall include only the following:
Section 9.1.1 Payments made by the Design-Builder to Subcontractors and suppliers, other
than design subconsultants, but only in accordance with the subcontracts and supply
agreements;
Section 9.1.2 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 9.1.3 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 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 p aid to Project foremen, construction
workers, and other personnel in the dire ct employ of the Design-Builder, while
engaged in approved Self-Performed Work, together with contributions, assessments,
payroll taxes, or fringe benefits requi red 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 incorpor ated 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 excess 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 9.1.4 Royalty and license fees paid for use of a design, process, or product if its use
is required by this Agreement or has been approved in advance by the Department;
Section 9.1.5 Fees for obtaining all required approvals or permits associated with any
abatement, demolition, utilities abandonment, and utility relocation (including utility
connection fees), including any and all building and/or trade permits fees;
Section 9.1.6 All performance and payment bonds a nd general liability insurance. The
Department may, in its sole discretion, allow th e Design-Builder to recover the costs of
subcontractor default insurance at a mutually ag reed-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 9.1.7 All fees and other costs necessarily incurred to carry out testing and inspection
required by the Agreement or applicable law s, 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 within the Cost of
the Work unless the additional testing establis hes that the Work tested was defective or
otherwise failed to satisfy requirements set forth in the Agreement, in which case the Design-
Builder shall pay the costs, without reimbursement;
Section 9.1.8 All bonds to jurisdictional agencies (ut ilities, stormwater management, land
disturbance, and grading);
Section 9.1.9 The Lump Sum General Conditions Cost; and
Section 9.1.10 Costs of repairing or correcting damaged or nonconforming Work executed by
the Design- Builder’s 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 th e Design-Builder, and only to the extent that
the cost of repair or correction is not recove rable by the Design-Builder from insurance,
sureties, subcontractors or suppliers. It is unders tood that the cost of repairing, correcting
damaged or nonconforming Work that was Self-Per formed shall not be reimbursable in any
event.
Section 9.2 Lump Sum General Conditions Cost.
The Contractor’s Lump Sum General Conditions Cost shall be the extent of what the Contractor
is entitled to recover for the cost of Gene ral Conditions. General Conditions may include, but
are not limited to:
10
a) Cost of construction staff. Only staff stationed in the field are reimbursable;
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; and
(v) office supplies;
h) Office equipment including, but not limited to : (i) computer hardware and software; (ii)
fax machines; (iii) copying machines; (i v) telephone installation, system and use
charges; and (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 Costs Not to Be Reimbursed.
All costs not specifically listed in Section 9.1 as being within the Cost of the Work are excluded
from the Cost of the Work and shall not be reimbursable. In particular, but without limitation,
the Cost of the Work does not include any of the following:
a) Any personnel or labor costs other than those provided for in Section 9.1.3 (a).
b) Fees for any permits or licenses the Design-Builder requires to conduct its general
business operations.
c) Capital expenses and interest on capital employed for the Work.
d) The cost of home or regional offices, it being understood that compensation for such
costs included in the Design-Build Fee.
e) Sales or use taxes unless the Design-Builder establishes that applicable law required
payment of such taxes.
f) Costs due to the errors or omissions of the Design-Builder or its subcontractors or
suppliers at all tiers, negligent or otherwise.
g) Costs dues 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.
h) Any costs incurred in performing work of any kind before Preconstruction NTP
unless specifically authorized by the Department in advance and in writing.
i) 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 pay ment therefor from the Department; or (ii) the
Department has deposited 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 m aterials and equipment shall accrue to the
Department, and the Design-Builder shall mak e provisions so that such amounts can be
secured.
Section 9.4.2 Amounts that accrue to the Departmen t in accordance with the provisions of
Section 9.4.1 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 qu alify 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, that 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 satisfact ory to the Department. The Department, its
representatives, and the Department’s accountan ts 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 Project 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 provides a turn-key solution for the
implementation of the Project, and the budget set he rein has been developed based on such a
framework. The Design-Builder shall advance the Project in a manner consistent with the such
budget and the understanding that only the co mmissioning cost element is excluded from the
budget set forth herein.
11 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 60% Design-Build Fee
Current approved estimated.
Cost of Work through Final Completion
Plus Any subset of the Design-Build Fe e 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, in surances, and those elements of the general
requirements which consist of a single, insolated effort such as dumpster disposal and safety
carpentry. The Department at its sole and absolute discretion may elect to increase the retention
of any trade Subcontractor up to ten percen t (10%), in the event the Department determines
that the situation so warrants. The Department also in its sole and absolute discretion, may
elect to reduce the retainage relating to a pa rticular trade Subcontractor, or the Cost of the
Work-related to a specific item of Self-Perfo rmed 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.
Section 10.3 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 shal l 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 mater ials offsite, the Design-Builder shall be
required, inter alia, to agree to the ex ecution of proper Project documentation to afford the
Department a secured interest in the materials upon payment.
Section 10.4 Design-Builder’s Certification.
Each Application for Payment shall be accompanied by the Design-Builder's signed
certification that:
Section 10.4.1. all amounts paid to the Design-Bu ilder on the previous Application for
Payment that were attributable to Subcontra ctor Work or to materials or equipment being
supplied by any supplier have been paid over to the appropriate Subcontractors and suppliers;
Section 10.4.2. that all amounts currently sought for Subcontractor Work or supply of
materials or equipment are currently due a nd owing to the Subcontractors and material or
equipment suppliers;
Section 10.4.3. 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;
Section 10.4.4. that the Design- Builder’s subcontracts includ e the clauses required by
subparagraphs (1) through (4) of D.C. Official Code §2-221.02(d) (2017); and
Section 10.4.5. 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 10.5 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 mater ial suppliers at all tiers who have supplied
labor or material or both for which payment is requested, subject only to the receipt of payment.
If the Department so requests, the Design-Bui lder 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 paymen t under the Agreement, and providing final
release of such liens.
Section 10.6 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 Department. The Department may
require execution of appropriate Project 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 10.7 Submission.
On the twenty-fifth day of each month, the De sign-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 las t 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, an d the Design-Builder may protest and pursue
a claim as provided in this Agreement and th e Standard Contract Provisions (Construction
Contracts and Architectural and Engineering Services Contracts).
Section 10.8 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 10.8.1 the Work is defective and such defects have not been remedied; or
Section 10.8.2 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 accept able
Recovery Plan in accordance with Section 5.19; or
Section 10.8.3 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 Section 5.19; or
Section 10.8.4 the Design-Builder has failed to provide reports in full compliance with Section
5.5 of this Agreement; or
Section 10.8.5 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 10.8.6 any mechanic’s lien has been filed agai nst 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 th e lien, by bonding it off or otherwise, within ten
(10) calendar days; or
Section 10.8.7 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 10.8.8 the Department has reasonable evidence that the Work cannot be completed for
the unpaid balance of the GMP; or
Section 10.8.9 the Design-Builder is otherwise in substantial breach of this Agreement
including, without limitation, failures to comply with LSDBE Utilization requirements or;
Section 10.8.10 the Application for Payment is inco mplete, unsubstantiated, and/or
does not contain sufficient documentation for evaluation by the Contracting Officer.
Section 10.9 Payment Not Acceptance.
Payment of any progress payment or final pay ment 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 10.10 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 10.11 Final Payment.
A final payment (“Final Payment”) shall be made by the Department to the Design-Builder
when: (i) Final Completion has been achieve d; (ii) all deliverables set forth in Section 5.14,
and Exhibit N have been delivered to and are accepted by the Department; (iii) the Design-
Builder provides the Department a complete se t of product manuals (O&M), training videos,
and warranties, as applicable; and (iv) a comp lete final Application for Payment and a final
accounting for the Cost of the Work has 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 Paym ent not more than th irty (30) days after
the Department verifies the amount of the fi nal payment set forth in a complete final
Application for Payment.
Section 10.11.1 The amount of the Final Payment shall be calculated as follows:
Section 10.11.1.1 Take the sum of the Cost of the Work subs tantiated by the Design-
Builder’s final accounting and the Design-Build Fee; but not more than the GMP.
Section 10.11.1.2 Subtract amounts, if any, for which the Department withholds pursuant
to the Agreement.
Section 10.11.1.3 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 10.11.1.4 The Final Payment shall take into a ccount any savings accruing to the
Department or the Design-Builder.
Section 10.11.1.5 The Department will review and report in writing on the Design-
Builder’s final accounting within 30 days af ter 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 10.12.1 have been met, the
Department will, within fifteen (15) days af ter 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 Section 10.12.1.5 supersede those for typical progress
payments.
Section 10.11.1.6 If the Department determines that the Cost of the Work is other than
that claimed by the Design-Builder, the Design -Builder shall be entitled to proceed in
accordance with Article 3 of the Standard Cont ract Provisions (Construction Contracts).
Pending a final resolution of the disputed am ount, the Department shall pay the Design-
Builder the amount that the Department determines to be appropriate.
12 Article 11 - INSURANCE
Section 11.1 Insurance Required by the Project
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under th is contract, the types of
insurance specified below. The Contractor shall submit a Certificate of Insurance to
the Contracting Officer (CO) giving eviden ce 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 si gned by an authorized representative of
the insurer(s) have been provided to, and accepted by, the CO.
The Government of the District of Columbia sh all be included in all policies, where
applicable and allowable by law, required hereunder to be maintained by the Contractor
and its subcontractors (except for worke rs’ compensation and professional liability
insurance) as an additional insureds for claims against The Government of the District
of Columbia relating to this contract, wi th the understanding that any affirmative
obligation imposed upon the insured Contractor or its subcontractors (including without
limitation the liability to pa y premiums) shall be the sole obligation of the Contractor
or its subcontractors, and not the additional insured. The additional insured status under
the Contractor’s and its subcontractors ’ Commercial General Liability insu rance
policies shall be effected using the IS O Additional Insured Endorsement form CG 20
10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement or
combination of endorsements providing coverage at least as broad and approved by the
CO in writing. All of the Contractor’s and its subcontractors’ liability policies (except
for workers’ compensation and professional liability insurance) shall be endorsed using
ISO form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide
primary coverage (without any right of contribution by any other insurance, reinsurance
or self-insurance, including any deductib le or retention, maintained by an Additional
Insured) for all claims against the additional insured arising out of the performance of
this Statement of Work by the Contractor or its subcontractors, or anyone for whom the
Contractor or its subcontractors may be liable. These policies shall include a separation
of insureds clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader coverage and/or higher
limits than the minimums shown below, the District requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor and
subcontractors.
B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall
provide evidence satisfactory to the CO w ith respect to the services performed
that it carries a CGL policy, written on an occurrence (not claims-made) basis,
on Insurance Services Office, Inc. (“ ISO”) form CG 00 01 04 13 (or another
occurrence-based form with coverage at least as broad and approved by the CO
in writing), covering liability for all ongoing and completed operations of the
Contractor and under all subcontract s, covering claims for bodily injury,
including without limitation sickness, di sease or death and mental anguish of
any persons, broad form property damage , 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 (whe ther caused by a foreign or domestic
source). Such coverage shall have limits of liability of not less than $1,000,000
each occurrence, a $2,000,000 general aggregate.
The Commercial General Liability shall be further endorsed to:
a) To the fullest extent permitted by law, provide additional insured
coverage using ISO form CG 2015 0413 (or it’s equivalent) to The
Government of the District of Columbia
b) Coverage available to the additional insureds shall apply on a primary
and non-contributing basis as respects any other insurance, deductibles,
or self-insurance available to the additional insureds
c) A waiver of subrogation in favor of The Government of the District of
Columbia
d) Any Annual Aggregate shall apply on a per location or per project basis
(where applicable)
e) Defense costs shall be in addition to and not erode the limits of liability
2. Automobile Liability Insurance - The Contractor shall provide evidence
satisfactory to the CO of commercial (business) automobile liability insurance
written on ISO form CA 00 01 10 13 (or another form with coverage at least as
broad and approved by the CO in writing) including coverage for all owned,
hired, borrowed and non-owned vehicles and equipment used by the Contractor
in connection with work under this agr eement, with a minimum combined
single limit of $1,000,000 for bodily injury or death and property damage,
including loss of use there of. Such policy or policies of automobile liability
insurance shall be written on an "occurr ence" (as opposed to a "claims made")
basis.
Auto Physical Damage Coverage - The Contractor shall provide auto physical
damage insurance to cover "loss" to a covered "auto" or its equipment:
a) Comprehensive - Fire, lightning or explosion; theft; windstorm, hail or
earthquake; flood; mischief or vandalism; or the sinking, burning,
collision or derailment of any conveyance transporting the covered
"auto".
b) Collision Coverage - Caused by: The covered "auto's" collision with
another object or the covered "auto's" overturn.
The Commercial Auto Liability policy shall be further endorsed to:
a. To the fullest extent permitted by law, provide additional insured
coverage to The Government of the District of Columbia
b. Coverage available to the additional insureds shall apply on a primary
and non-contributing basis as respects any other insurance, deductibles,
or self-insurance available to the additional insureds
c. A waiver of subrogation in favor of The Government of the District of
Columbia
d. Defense costs shall be in addition to and not erode the limits of liability
e. If applicable, include Form CA 99 48 03 06 Pollution Liability -
Broadened Coverage for Covered Autos - Business Auto, Motor Carrier
and Truckers (or it’s equivalent)
3. Workers’ Compensation Insurance - The Contractor shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with
the statutory mandates of the District of Columbia or the jurisdiction in which
the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evidence
satisfactory to the CO of employer’s liability insurance as follows: $500,000
per accident for injury; $500,000 per employee for disease; and $500,000 for
policy disease limit.
The Workers Compensation and Employers Liability shall be further endorsed
to:
a) Include a Waiver of Subrogation in fa vor of The Government of the
District of Columbia.
b) Where applicable, include United States Longshore and Harbor Workers
Compensation Act (USL&H)
c) Where applicable, include Jones Act Coverage for seamen or crew
members on an “if any” basis.
4. Network Security/Privacy (Cyber) Liability Insurance covering acts, errors,
omissions, breach of contract, and violation of any consumer protection laws
arising out of Contractor’s operations or services with a limit of $5,000,000 per
claim and in the aggregate. Such cove rage shall include but not be limited to,
third party and first party coverage for loss or disclosure of any data, including
personally identifiable information a nd payment card information, network
security failure, violation of any consumer protection laws, unauthorized access
and/or use or other intrusions, infri ngement of any intellectual property rights
(except patent), unintentional breach of contract, negligence or breach of duty
to use reasonable care, breach of any duty of confidentiality, invasion of
privacy, or violations of any other leg al protections for personal information,
defamation, libel, slander, commercial disparagement, negligent transmission
of computer virus, or use of computer networks in connection with denial of
service attacks. Such coverage shall include regulatory defense and
fines/penalties in any jurisdiction anywhe re in the world. Such coverage shall
include contractual privacy coverage for data breach response and crisis
management costs that would be incurred by Contractor on behalf of The
Government of the District of Columbia in the event of a data breach including
legal and forensic expenses, notification costs, credit monitoring costs, and
costs to operate a call center. Contractor shall maintain coverage in force during
the term of this Agreement and for an extended reporting period of not less than
two (2) years after.
5. Professional Liability Insurance (Errors & Omissions) - The Contractor shall
provide Professional Liability Insurance (Errors and Omissions) to cover
liability resulting from any error or omission in the performance of professional
services under this Contract. The policy shall provide limits of $1,000,000 per
claim or per occurrence for each wrongful act and $2,000,000 annual aggregate.
The Contractor warrants that any applicab le retroactive date precedes the date
the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an
extended reporting period will be exercised for a period of at least ten years after
the completion of the professional services. Limits may not be shared with other
lines of coverage.
6. Commercial Umbrella or Excess Liability - The Contractor shall provide
evidence satisfactory to the CO of commercial umbrella or excess liability
insurance with minimum limits of $10,000,000 per occurrence and $10,000,000
in the annual aggregate, following the form and in excess of all liability policies.
All liability coverages must be scheduled under the umbrella and/or excess
policy. The insurance required under this paragraph shall be written in a form
that annually reinstates all required limits. Coverage shall be primary to any
insurance, self-insurance or reinsurance maintained by The Government of the
District of Columbia and the “other insurance” provision must be amended in
accordance with this requirement and principles of vertical exhaustion.
7. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime
policy including 3rd party fidelity to cover the dishonest acts of Contractors, its
employees and/or volunteers which result in a loss to the District. The
Government of the District of Columbia shal l be included as loss payee. The
policy shall provide a limit of $15,000 per occurrence.
8. Environmental Liability/Contractors Pollution Liability Insurance - The
Contractor shall provide evidence sati sfactory to the CO of environmental
liability insurance covering losses caused by pollution or other hazardous
conditions arising from ongoing or completed operations of the Contractor.
Such insurance shall apply to bodily injury, property damage (including loss of
use of damaged property or of property that has been physically injured), clean-
up costs, transit and non-owned disposal sites. Coverage shall extend to defense
costs and expenses incurred in the i nvestigation, civil fines, penalties and
damages or settlements. There shall be neither an exclusion nor a sublimit for
mold or fungus-related claims. The mi nimum limits required under this
paragraph shall be $2,000,000 per occurrence and $2,000,000 in the annual
aggregate. If such coverage is written on a claims-made basis, the Contractor
warrants that any retroactive date a pplicable to coverages under the policy
precedes the Contractor’s performance of any work under the Contract and that
continuous completed operations coverage will be maintained for at least ten
(10) years or an extended reporting pe riod shall be purchased for no less than
ten (10) years after completion.
The Contractor also must furnish to the CO Owner certificates of insurance
evidencing environmental liability in surance maintained by third party
transportation and disposal site oper ators(s) used by the Contractor for losses
arising from facility(ies) accepting, storing or disposing hazardous materials or
other waste as a result of the Contractor’s operations. Such coverages must be
maintained with limits of at least the amounts set forth above.
The Environmental Liability policy shall be further endorsed to include The
Government of the District of Columbia as an Additional Insured.
9. Employment Practices Liability - The Contractor shall provide evidence
satisfactory to the CO with respect to the operations performed to cover the
defense of claims arising from employment related wrongful acts including but
not limited to: Discrimination, Sexual Ha rassment, Wrongful Termination,
Workplace Torts, "Bullying" in "any lo cation" and "by any means," including
the Internet, whether between employees of contractor or against third parties.
Employment Practices Liability coverage must specifically state Third Party
Liability coverage is included. Contrac tor will indemnify and defend The
Government of the District of Columbia should it be named co-defendant or be
subject to or party of any claim. Coverage shall also extend to Temporary Help
Firms and Independent Contractors hired by Contractor. The policy shall
provide limits of not less than $1,000,000 for each wrongful act and $2,000,000
annual aggregate for each wrongful act.
10. Installation-Floater Insurance - For projects not involving structural alterations,
the contractor shall provide an installation fl oater 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 contractor.
11. Sexual/Physical Abuse & Molestation - The Contractor 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 incl udes an affirmative sexual abuse and
molestation endorsement for the required amounts or through a separate stand
alone sexual abuse and molestation polic y with confirmati on there are no
exclusions for abuse or assault & battery under the General Liability. So called
“silent” coverage or “shared” limits unde r 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 ORM for compliance review.
Construction Projects Controlled by the District
For construction projects controlled by the District, the District will procure the
following policies with the District listed as the first named insured. Since the
District will control the placement of the policies, the District should not
contractually bind itself to secure coverage broader than the minimum that
satisfies the interests of the Contractor.
Builders Risk – The District shall purchase and maintain, in a company
authorized to do business in the jurisd iction in which the project is located,
builders risk insurance, written on an “all risk”, special causes of loss or
equivalent form. Builders risk coverage will include boiler and machinery /
equipment breakdown, earthquake and flood perils. Building ordnance and
terrorism coverage will be included.
The deductible shall not exceed $25,000 except for earthquake, flood,
windstorm, water damage or other perils at the discretion of the District and as
available in the insurance industry.
The project limit shall equal the rep lacement value of the structure, including
coverage for property in transit and stored off premises.
At the discretion of the District, builders risk coverage will extend to soft costs
and delayed completion.
Builders risk insurance shall include the interests of The Government of the
District of Columbia, the Contractor, Subcontractors and Sub – subcontractors
in the project.
C. SUBCONTRACTOR INSURANCE REQUIREMENTS
Any and all subcontractors engaged by Contr actor for work under this agreement shall be
required to have the same insured required of Contractor. Should the Contractor wish
to propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall submit in writing
the name and brief description of work to be performed by the subcontractor on the
Subcontractors Insurance Requirement Template provided to the Office of Risk
Management (ORM). ORM will determine the insurance requirements applicable to the
subcontractor and promptly deliver such requirements in writing to the Contractor. In
either instance, the Contractor must provide proof of the subcontractor's required
insurance prior to commencement of work by the subcontractor.
D. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any
other insurance, reinsurance or self-ins urance including any deductible or retention,
maintained by the Government of the District of Columbia.
E. DURATION. The Contractor shall carry all required insurance until all contract work
is accepted by The Government of the District of Columbia and shall carry listed
coverages for ten years for construction projects following final acceptance of the work
performed under this contract and two years for non-construction related contracts.
F. LIABILITY. These are the required mini mum insurance requirements established by
The Government of the District of Columbi a. However, it is understood that The
Government of the District of Columbia does not in any way represent that the
insurance or the limits of insurance specified herein are sufficient or adequate to protect
your interests or liabilities and will not in any way limit the contractor’s liability under
this contract.
G. CONTRACTOR’S PROPERTY. 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 stru ctures, rented machinery, or owned and
leased equipment. A waiver of subrogation shall apply in favor of The Government of
the District of Columbia.
H. MEASURE OF PAYMENT. The Governmen t of the District of Columbia shall not
make any separate measure or payment for the cost of insurance and bonds. The
Contractor shall include all of the costs of insurance and bonds in the contract price.
I. NOTIFICATION. The Contractor shall ensu re that all policies provide that the CO
shall be given thirty (30) days prior written notice in the event of cancellation, non-
renewal, or material changes to the extent such cancellation or material changes results
in Contractor no long complying with the above requirements. The Contractor shall
provide the CO with ten (10) days prior written notice in the event of non-payment of
premium. The Contractor will also provide the CO with an updated Certificate of
Insurance should its insurance coverages renew during the contract. The Government
of the District of Columbia may reasonably change the above insurance coverage
requirements during the Term by giving Contractor at least 30 days’ notice of the
change. Contractor must comply, at your expense, and deliver to the CO evidence of
compliance before the change becomes effective.
J. CERTIFICATES OF INSURANCE. The Contractor must send to CO, at least 10 days
after execution of this Agreem ent, certificates of insurance evidencing the required
insurance coverage and endorsements required herein. Contractor must also provide us
with evidence of renewal before the expiration date of each insurance policy. Contractor
is responsible for providing us with 30 days advanced written notice if the certificate
of insurance by the insurer has been canceled, reduced in coverage, or otherwise altered.
Certificates of insurance must reference the corresponding contract number. Evidence
of insurance shall be submitted to:
The Government of the District of Columbia
And emailed to the attention of:
Peter Henry Lyonga
Contracting Officer
Department of General Services
Contracts & Procurement Division
3924 Minnesota Ave NE, 5th Floor
Washington, DC 20019
peterhenry.lyonga@dc.gov
The CO may request and the Contractor sh all promptly deliver updated certificates of
insurance, endorsements indicating the required coverages, and/or certified copies of
the insurance policies. If the insurance initially obtained by the Contractor expires prior
to completion of the contract, renewal certificates of insurance and additional insured
and other endorsements shall be furnished to the CO prior to the d ate of expiration of
all such initial insurance. For all coverage required to be maintained after completion,
an additional certificate of insurance evidencing such coverage shall be submitted to
the CO on an annual basis as the coverage is renewed (or replaced).
K. DISCLOSURE OF INFORMATION. The Contractor agrees that The Government of
the District of Columbia may disclose the name and contact information of its insurers
to any third party which presents a claim against The Government of the District of
Columbia for any damages or claims resulting from or arising out of work performed
by the Contractor, its agents, employees, servants or subcontractors in the performance
of this contract.
L. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in
connection with this contract shall be writte n by insurance companies with an A.M.
Best Insurance Guide rating of at least A- VII or better (or the equivalent by any other
rating agency) and licensed in the District of Columbia.
M. WARRANTIES. When applicable, the Contr actor should be named as an additional
insured on the applicable manufacturer’s/d istributer’s Commercial General Liability
policy using Insurance Services Office, Inc. (“ISO”) form CG 20 15 04 13 (or another
occurrence-based form with coverage at least as broad). CO should collect, review for
accuracy, and maintain all warranties for goods and services.
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 Agreement, NTE or the GMP. 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) to provide payment and performance bonds, with a penal sum
equal to one hundred percent (100%) of the subcontract price. All bonds must be in a form
acceptable to the Department, its lenders or bond tr ustee, 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 Guaranteed Maximum Price 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 De sign-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 prompt ly 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.
Article 13 - ECONOMIC INCLUSION REQUIREMENTS
Section 13.1 LSDBE Utilization.
If the Design-Builder subcontracts any w ork, at least 35% of the dollar volume of the
Agreement shall be subcontra cted 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 towa rd this goal. In order to count toward the
subcontracting requirement, the SBE must pe rform 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 dev eloped a Subcontracting Plan that is attached
hereto as Exhibit D . The Design-Builder shall comp ly with the terms of the SBE
Subcontracting Plan in making purchases and administering its subc ontracts 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 contract shall be subcontracted to qualified small business enterprises (SBEs).
Section 13.2.2 If there are insufficient SBEs to co mpletely 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 c ontractor 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 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 13.3 Subcontract ing 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 Contractor 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.
Section 13.5 Subcontracting Plan Compliance Reporting
Section 13.5.1 If the Contractor has a subcontracting plan required by law for this
contract, the Contractor 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 wi ll 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 Contractor shall meet annually
with the CO, CA, District of Columbia Audit or and the Director of DSLBD to provide an
update on its subcontracting plan.
Section 13.7 DSLBD Notices
The Contractor 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 contractor: (i) fails to submit subcontracting plan monitoring or compliance
reports or other required subcontracting info rmation 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 bre ached its subcontracting plan for
utilization of CBEs in the performance of a c ontract shall be subject to the imposition of
penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.
Section 13.8. 3 If the CO determines the Contractor’s f ailure 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 Opportuni ty 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 ( Exhibit V) with the District of Columbia
Department of Employment Services (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 em ployees 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 Journe y 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 lea st 51% of the new employees hired 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 th e Agreement, or after such subconsultant or
subcontractor enters into a contract with the De sign-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 Contractor’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, includ ing monetary fines of 5% of the total
amount of the direct and indirect labor cost s 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 receiv e 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 4.2.8 of the Contract
shall be subject to the hiring and reportin g requirements set forth in this Section until
construction is completed and a final certificate of occupancy has been issued.
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 sh all submit to the Department a list of current
employees and apprentices that will be assigned to the Agreement, the date they were hired
and whether or not they live in the District of Columbia.
Section 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 re gulations promulgated th ereunder. 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 9.3 in all subcontracts; (ii) collecting the information required in Section 9.3 from its
Subcontractors; and (iii) providing the informatio n collected from its Subcontractors in the
reports required to be submitted by the Design-Builder pursuant to Section 9.3.
Section 13.10.5. Reserved.
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 Projec ts. 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 a pplicable, 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 13.14.8 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 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 subcontra ctor who performs services under the
Contract. The Design-Builder shall als o 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 s ubject to higher wage level determinations
required by federal law;
(2) Existing and future collective barg aining 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;
(5) Contracts or other agreements that provide tr ainees 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 emp loyed 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 doe s 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 th e District of Columbia; provided, that the
tenant or retail establishment did not receiv e direct government assistance from the
District;
(8) Employees of nonprofit organizations that empl oy 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 betwee n 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.
Article 14 - LIQUIDATED DAMAGES
Section 14.1 Reserved.
Section 14.2 Delay 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 th at 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
(Construction Contracts and Architectural/Engineering Services Contracts).
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.
Article 15 - MISCELLANEOUS PROVISIONS
Section 15.1 Ownership and Use of Project Documents . The Drawings, Specifications,
and other Project Documents prepared by the Design- Builder’s Architect 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, Subcontract ors, Sub-subcontractors, or suppliers on other
projects, or for additions to this Project outs ide the scope of the Work, without the specific
written consent of the Department, and the Design- Builder’s Architect. The referenced
Drawing, Specifications, and other Project Do cuments shall become the property of the
Department. The District will be the sole ow ner 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, a ssigns and legal representatives 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 obl igations under the Agreement, without the 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 J) 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 m aterial 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 cost of its components mined, produced, or manufactured in the United States,
exceeds 65 percent of the cost of all its components. For an e nd product that consists wholly
or predominantly of iron or steel or a combin ation 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 prepare d for processing in the United 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 th e 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 wa s 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.
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-B acon Act (40 U.S.C. §§ 3142-3148), Exhibit G1 and Title 29 Code
of Federal Regulations (“CFR”) part 5.5 Davis Bacon Provision 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 sh all comply with the regulations implementing the
Davis-Bacon Act and Title 29 CFR and such regulations are hereby incorporated by reference.
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. Interes t 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 am ount 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 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 Contracting Officer 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 1.5% per month. No interest penalty shall be paid on the following
if payment for the completed delivery of th e 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 that 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 pa yment 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 may not be interpleaded in any judicial or administrative
proceeding involving such a dispute.
Section 15.5.3 Subcontractor Quick Payment Clause 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 incl ude 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 the
a Prime Contractor or a subcontractor to under take any work that is determined to be
beyond the original scope of the Prime Contra ctor'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 Contracting Officer:
a. Agrees with the Prime Contractor and, if applicable, the subc ontractor on a price
for the additional work;
b. Obtains a certification from the Chief Fi nancial Officer that there are sufficient
funds to compensate the Prime Contractor and, if applicable, the subcontractor for
the additional work;
c. 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
d. 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:
a. 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;
b. 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
c. If the Prime Contractor withholds paym ent 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.
Section 15.5.4.3 The Department, Design-Builder, Design-Builder Architects, or a
subcontractor are prohibited from declaring another party to the contract to be in default or
assessing, claiming, or pursuing damages for delay s 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 increase 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 the DC government,
including the prescriptions set forth in District of Columbia Code Official 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 Project
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 specifically identified
exceptions, to require the Design-Builder to assume entire responsibility for the construction
of the Project. If there is any inconsiste ncy among the Project documents comprising the
Agreement, the order of precedence among them is as follows, with the first listed Project
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 Contracts and
Architectural/Engineering Services Contract s), 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 vent ure 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 ri ght 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 a ny 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 construe d 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 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 Tyler Swartzwelder
Acting Chief Procurement Officer Vice President
Department of General Services Gilbane Building Company/Corenic a JV
3924 Minnesota Avenue NE, 5th Floor 1100 N. Glebe Road, Suite 1000
Washington, DC 20019 Arlington, VA 22201
This Section shall be read as imposing minimu m requirements for distribution of required
contractual notices, and not as displacing distri bution requirements with respect to design
documents, construction submittals, periodic reports, and other Project 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 Project 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 A greement 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 exer cised at its sole discretion, and shall not be
regarded as conferring any obligation on the Depa rtment to exercise those rights or remedies
for the benefit of the Design-Builder or any other person or entity.
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, repres entations, course of dealing, or agreements,
either written or oral. No modifications to the Agreement shall be effective against the
Department unless made in writing and signed by both the Department and the Design-Builder,
unless otherwise expressly provided to the cont rary in the Agreement. Notwithstanding the
foregoing, nothing herein shall be cons trued to limit the Department’s ab ility 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 sh all 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 Acts. The obligations and responsibilities of the Department
under the terms of the Agreement, or any subseque nt agreement entered into pursuant to this
Agreement or referenced herein (to which the Department is a party), are and shall remain
subject to the provisions of: (i) the fede ral Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342,
1349-1351, 1511-1519 (2004) (the “Federal ADA”), and D.C. Official Code §§ 1 -206.03(e)
and 47-105 (2001); (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§
47-355.01 – 355.08 (2004 Supp.)(the “ D.C. ADA” and (i) and (ii) coll ectively, as amended
from time to time, the “ Anti- Deficiency Acts ”); and (iii) Section 446 of the District of
Columbia Home Rule Act, D.C. Official Code § 1-204.46 (2001). Pursuant to the Anti-
Deficiency Acts, nothing in this Agreement shall create an obligation of the Department in
anticipation of an a ppropriation by C ongress for such purpose, and the Department’s legal
liability for payments and other charges under this Agreement shall not arise or obtain in
advance of the lawful availability of appropr iated funds for the applicable fiscal year as
approved by Congress. 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 AM OUNT UNDER THE AGREEMENT OR
CONTRACT DOCUMENTS UNLESS SUCH A MOUNT HAS BEEN APPROVED, IS
LAWFULLY AVAILABLE, AND APPROPRIATED BY ACT OF CONGRESS.
Section 15.21.1 The Department agrees to exercise all lawful authority available to it to satisfy
the financial obligations of the Department th at may arise under this Agreement. During the
term of this Agreement, the Mayor of the Di strict of Columbia or other appropriate official
shall, for each fiscal period, include in the budget application submitted to the Council of the
District of Columbia the amount necessary to fund the Department’s known potential financial
obligations under this Agreement for such fiscal period. In the event that a request for such
appropriations is excluded from the budget approved by the Council and submitted to Congress
by the President for the applicable fiscal year or if no appropriation is made by Congress to pay
any amounts due under this Agreement for any period after the fiscal year for which
appropriations have been made, and in the event appropriated funds for such purposes are not
otherwise lawfully available, the Department will not be liable to make any payment under this
Agreement upon the expiration of any then-exi sting appropriation, the Department shall
promptly notify the Contractor and this Agreement shall immediately terminate upon the
expiration of any then-existing appropriation.
Section 15.21.2 Notwithstanding the foregoing, no off icer, employee, director, member or
other natural person or agent of the District or Department shall have any personal liability in
connection with the breach of the provisions of this Section or in the event of non-payment by
the Department under this Agreement.
Section 15.21.3 This Agreement shall not constitute an indebtedness of the District and/or the
Department nor shall it constitute an obligation for which the Department is obligated to levy
or pledge any form of taxation or for which the District has levied or pledged any form of
taxation. No District of Columbia Official or employee is authorized to obligate or expend any
amount under this Agreement unless such amount has been appropriated by Act of Congress
and is lawfully available.
Section 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 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 a ny 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 represen tative 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 notic e to the Design-Builder, terminate the right
of the Design-Builder to proceed under the Agre ement and may pursue such other rights and
remedies provided by law and under the Agreement.
Section 15.26.1 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 d amages 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 15.26.2 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 a ny benefit that may arise therefrom, and all
agreements entered into by the CO of the De partment in which he or she be personally
interested as well as all ag reements 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 contract s 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 Me mber, or employee of the District is de
minimis.
Section 15.27 Ethical Standards for the Department's Employees And Former
Employees. The Department expects the Design-Bu ilder to observe the highest ethical
standards and to comply with all applicab le laws, rules, and regulations governing ethical
conduct or conflicts of interest. Neither the Design-Builder, nor any person associated with the
Design-Builder, shall provide (or seek r eimbursement 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 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 Agreement. The Design-
Builder may not assign to any former employee or District employee or agent who has joined
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 15.28 Non-Discrimination in Employment Provisions.
Section 15.28.1 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 cons titute 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 § 2-1401.01et 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 discrimi nate 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 affi rmative action to ensure that applicants
are employed, and that employees ar e 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;
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 di rected 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 soli citations 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 15.28.3.
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 15.28.1, 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 15.28.1, and to require
under terms of any Subcontractor agreemen t 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 15.28.1 so
that such provisions shall be binding upon each subcontractor or vendor.
8. The Design-Builder shall take such actio n 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 15.28.2 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
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 pregna ncy, 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.
e. Violations of the PPWF Act shall be subject to civil penalties as described in the
PPWF Act.
Section 15.28.3 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 th at 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 15.29 ASSIGNMENT OF CONTRACT PAYMENTS
a. Subject to this Section 15.29, 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 am ounts 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 refe r 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 15.30 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 information, the Design-Builder
shall immediately send the request to the PM designated in Section 1.3 of this Agreement who
will provide the request to the FOIA Officer for the agency with programmatic responsibility
in accordance with the D.C. Freedom of Inform ation Act. If the agency with programmatic
responsibility receives a request for a record maintained by the Design-Builder pursuant to the
Contract, the PM will forward a copy to the Desi gn-Builder. In either event, the Design-
Builder is required by law to provide all respon sive records to the PM within the timeframe
designated by the PM. 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 15.31 CAMPAIGN FINANCE REFORM ACT
Prior to the execution of this Contract, the Design-Builder shall complete and submit to the
Department a completed Campaign Financ e Reform Act Self-Certification Form, Exhibit X,
pursuant to D.C. Official Code § 1-1161.01.
Section 15.32 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-
222.01 et seq
15.32.1 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 with in the past 2 year s; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with 2.13.2;
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 15.32.2 If this contract is funded by a federal agency, indirect costs shall be consistent
with the requirements for pass-through enti ties 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.
Section 15.33 Equal Employment Opportunity (“EEO”)
The Contractor shall submit an EEO policy form substantially in the form of Exhibit P.
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 per form 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 assignmen t 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
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, inclu ding accepting assignment of all outstanding
Subcontracts and Supply Agreements.
Section 16.4 Termination for Convenience . The Department may terminate the Contract in
whole or specified part, for its convenience, for any reason. The notice of termination shall
state the effective date of termination, the ex tent 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 Sta ndard Contract Provisions (Construction Contracts
and Architectural/Engineering Services Contracts).
Section 16.5 Continued Responsibility After Termination . If the Design-Builder is
terminated, for default, for Convenience or othe rwise, the Design-Builder shall remain
responsible for defects or non-conformities in all Work performed to the date of the
termination.
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 of the District of Columbia.
Article 18 – CHANGES IN THE WORK
Section 18.1 Changes Authorized. In accordance with the Standard Contract Provisions
(Construction Contract) and the Standard Contract Provisions for Architectural and
Engineering services 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 a 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 ’s Contracting Officer, may make
changes to the Agreement. In particular, but without limitation, a written Change Directive or
Change Order executed by the Department ’s Contracting Officer is the only means by which
changes may be made to the Substantial or Fi nal Completion Dates, the Design-Build Fee, or
the Guaranteed Maximum Price.
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 Substan tial or Final Completion Dates and/or the
Guaranteed Maximum Price should be adju sted 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 suppor ting 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 li ne 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, project 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 en titled 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 Depart ment may rescind it. If the Department
wishes to proceed or has already directed the Design-Builder to proceed, the Design-
Builder shall 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 Co mpletion Dates, and/or the GMP that is
justified by the Change Directive. If the Department and the Design-Builder reach an
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 Project 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 Guaranteed Maximum Price, 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 mu st state the nature of the Change Ev ent 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 Cha nge 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 sub mit 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.
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 Directiv e 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 s ite 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 d ecreased 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 educational facility that is consistent with the Department’s program of
requirements and incorporates sustainable desi gn 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 punchlis t or warranty work) require the Design-
Builder’s services for the Project to extend beyond the Substantial Completion Date.
Section 18.9 Executed Change Orders or Contract Modifications are Final. The Design-
Builder agrees that any Change Order or Cont ract Modification 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
modification 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 or Contract Modification,
and that no further adjustments in compensation or time shall be sought or made with respect
to the Change Directive or the Change Event gi ving rise to the Change Order or Contract
Modification. Although the Parties anticip ate that most Change Orders or Contract
Modifications will not require an adjustment to the General Conditions Cost, if the Work
described in a Change Order or Contract Modificati on requires an increase or decrease in the
Lump Sum General Conditions Cost (i.e. because such a Change requires additional field staff
or other equipment that would be classified as General Conditions Costs), the Change Order or
Contract Modification shall contain an increase to the Design-Build Fee adjusting such
amount. The cost of processing a Change O rder or Contract Modification 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 ar e 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.
Section 18.11 Mark-Up on Trade Work.
The maximum mark up for Change Order work shall be as follows:
1. Intervening tier Subcontractors shall be en titled to a mark-up of five percent (5%)
(Covering home office overhead, the cost of insurance and bonds, field supervision,
general conditions and profit) on Work Performed by lower-tier Subcontractors;
2. To the extent permitted by Section 18.8, the Design-Builder shall be entitled to an
increase in its Design-Build Fee at a maximum rate of 2% on work performed by
Subcontractors. Such markup shall cover the same cost elements that were included
in the Design-Build Fee;
3. Direct Cost of the Work shall include, but not be limited to: (Direct Cost of the Work
does not, however, include home office ove rhead, 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).
(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. Indirect costs shall be itemized and verified by receipted
invoices. If verification is not possible, up to five percent (5%) of direct labor
costs may be allowed.
(b) Rented Equipment. Payment for required equipment rented from an outside
company that is neither an affiliate of, nor a subsidiary of, the 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 ren tal 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 Design-Builder
shall submit written certification to the Contracting Officer 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.
(c) 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 cu rrent 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.
(d) Materials. Incorporated and unincorporated mat erials as permitted under
Section 9.1.
Article 19 – CLAIMS & DISPUTE RESOLUTION
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Article 20 - EXHIBITS
Exhibit A Program Requirements and Educational Specifications
Exhibit B Project Schedule
Exhibit C Deliverable List
Exhibit D SBE Subcontracting Plan
Exhibit E Reserved
Exhibit F Key Personnel
Exhibit G1 Davis Bacon Act Wage Determination
Exhibit G2 Title 29 Code of Federal Regulations (“CFR”)
Exhibit H Design-Builder’s Designated Representatives
Exhibit I Department’s Designated Representatives and Contracting Officers
Exhibit J Standard Contract Provisions (Construction and Architecture/Engineering)
Exhibit K Form of Lien Waiver
Exhibit L Form of GMP Amendment
Exhibit M Reserved
Exhibit N FF&E and Close-Out
Exhibit O Subcontractor Performance Evaluation Form
Exhibit P Equal Employment Opportunity Policy
Exhibit Q Living Wage Act
Exhibit R Award Fee Pool
Exhibit S BIM Requirements
Exhibit T DGS Turnover Manual
Exhibit U Quality Control Master Program
Exhibit V First Source Employment Agreement
Exhibit W Concept Design, Schematic Design, and Design Development Milestone
Requirements
Exhibit X Campaign Finance Reform Act Self-Certification Form
Exhibit Y Schedule of Values
Exhibit Z Assumptions and Clarifications
IN WITNESS WHEREOF, the Parties have executed th is Agreement (DCAM-23-CS-RFP-
0020) through their duly authorized representative s and effective as of the last date written
below.
DEPARTMENT OF GENERAL SERVICES, GILBAN BUILDING COMPANY
an agency within the executive branch /CORENIC A JOINT VINTURE
of the Government of the District of Columbia
B y : B y :
Name: Name:
Title: Title:
Date: Date:
Exhibit A
Link to the Program Requirements and Educational Specifications
https://app.box.com/s/xi3x6jhbo1jlk9gm0cg2bfh355bs40vl
Exhibit B
Project Schedule
[EXHIBIT WILL APPEAR ON THE FOLLOWING PAGE]
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
Drew ES - ESA #1Drew ES - ESA #1 1399 1070 28-Sep-23 A 15-Mar-29
Project Admin & MilestonesProject Admin & Milestones 1399 905 28-Sep-23 A 15-Mar-29
M1000 Project Award 0 0 28-Sep-23 A
M1200 Notice to Proceed / Design Start 0 0 27-Dec-23 A
M1110 Full Access to Site 0 0 15-Aug-25*
M1500 Full GMP Approval 0 0 05-Feb-26
M2310 T emporary Power 0 0 12-Nov-26
M1100 Demolition Complete 0 0 22-Dec-26
M1710 Building Weather T ight 0 0 11-Feb-27
M1610 Below Grade Structure Complete (addition) 0 0 22-Mar-27
M1600 Above Grade Structure Complete (addition) 0 0 26-Jul-27
M1700 Building T empor ar y Weather Tight 0 0 16-Dec-27
M1740 Permanent Power 0 0 10-Feb-28
M1720 O&M Deliverable 0 0 14-Apr-28*
M1800 MEP Operational 0 0 19-Apr-28
M1900 Commissioning Complete 0 0 15-Jun-28
M1730 Sitework Complete 0 0 20-Jun-28
M2000 Substantial Completion 0 0 15-Jul-28
M2100 Staff Move-in #1 0 0 31-Jul-28*
M2210 Student Move-in 0 0 21-Aug-28*
M2300 Final Completion 0 0 15-Jan-29
M2320 Administative Completion 0 0 15-Mar-29
FRAGNETSFRAGNETS 1035 450 16-May-24 A 30-Sep-26
FRAG 0001 HISTORIC CONSIDERA TIONS (OS-0001)FRAG 0001 HISTORIC CONSIDERA TIONS (OS-0001) 151 0 16-May-24 A 30-Oct-24 A
FRAG1000 DGS Informs DB T eam of Decision 0 0 16-May-24 A
FRAG1010 Concept Design & Estimate 63 0 16-May-24 A 28-Aug-24 A
FRAG1040 Address & Approve Comments and VE Opportunities 10 0 20-Sep-24 A 23-Sep-24 A
FRAG1030 Concept Design Reivew (DGS) 15 0 29-Aug-24 A 23-Sep-24 A
FRAG1020 LOMAR Adoption 0 0 30-Oct-24 A
FRAG 0002 ADDITONAL REVIEW TIME OF SD PACKAGEFRAG 0002 ADDITONAL REVIEW TIME OF SD PACKAGE 18 18 23-Dec-24 A 17-Jan-25
FRAG2020 DGS Requested Additional Review Time of SD package 18 18 23-Dec-24 A 17-Jan-25
FRAG 0003 BASIC CHANGE DIRECTIVEFRAG 0003 BASIC CHANGE DIRECTIVE 879 450 23-Dec-24 A 30-Sep-26
FRAG3000 DGS Informs DB T eam of Decision to Push Back Pr oject 0 0 23-Dec-24 A
FRAG3010 UPDATED Full Ac cess to Buildi ng 450 450 23-Dec-24 A 30-Sep-26
Design and EstimatingDesign and Estimating 626 394 27-Dec-23 A 13-Jul-26
Design PackagesDesign Packages 526 294 27-Dec-23 A 19-Feb-26
Concept DesignConcept Design 116 0 27-Dec-23 A 16-May-24 A
D1010 DOEE Discussion 0 0 24-Jan-24 A
D1020 HPO Site Review 0 0 24-Jan-24 A
E1000 Concept Design Estimate 10 0 25-Apr-24 A 08-May-24 A
D1000 Concept Design 116 0 27-Dec-23 A 09-May-24 A
ON D J FM A M J J A S N D J F A J J A S O N D J FM A M J J A S ON D J FM A M J J A S ON D J FM A M J J A S N D J F A M J J A S O
2024 2025 2026 2027 2028 2029
Project Award
Notice to Proceed / Design Start
Full Access to Site
Full GMP Approval
T emporary Power
Demolition Complete
Building Weather T ight
Below Grade Structure Complete (addition)
Above Grade Structure Complete (addition)
Building T empor ar y Weather Tight
Permanent Power
O&M Deliverable
MEP Operational
Commissioning Complete
Sitework Complete
Substantial Completion
Staff Move-in #1
Student Move-in
Final Completion
Administative Completion
DGS Informs DB T eam of Decision
Concept Design & Estimate
Address & Approve Comments and VE Opportunities
Concept Design Reivew (DGS)
LOMAR Adoption
DGS Requested Additional Review Time of SD package
DGS Informs DB T eam of Decision to Push Back Pr oject
UPDATED Full Access to Building
DOEE Discussion
HPO Site Review
Concept Design Estimate
Concept Design
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 1 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
E1100 Concept Design Estimate Approval 10 0 09-May-24 A16-May-24 A
D1100 Concept Design Approval (DGS) 15 0 09-May-24 A16-May-24 A
Schematic DesignSchematic Design 112 31 24-Sep-24 A03-Mar-25
D2010 LEED Workshop (50% SD) 0 0 21-Oct-24 A
E1200 Schematic Design Estimate 10 0 09-Dec-24 A20-Dec-24 A
D1200 Schematic Design 38 0 24-Sep-24 A20-Dec-24 A
D1400 Schematic Design Approval (DGS) 31 31 20-Dec-24 A03-Mar-25
Design DocumentsDesign Documents 451 21927-Dec-23 A30-Oct-25
D1510 Develop Boring Plan and Approval (Dr. T riccoli) 60 0 27-Dec-23 A04-Mar-24 A
D2030 Archeological Borings 5 0 04-Mar-24 A15-Mar-24 A
D2040 Develop Boring Archeological Results & Submit 20 0 15-Mar-24 A27-Sep-24 A
D2050 Archeological Review and Approval (Dr. T riccoli) 20 17 27-Sep-24 A16-Jan-25
D1500 Design Development 150 15004-Mar-25 02-Oct-25
E1310 Design Document Estimate 10 10 19-Sep-25 02-Oct-25
D1800 Design Development Approval 20 20 03-Oct-25 30-Oct-25
Construction DocumentsConstruction Documents 75 75 31-Oct-25 19-Feb-26
D1900 Construction Documents 70 70 31-Oct-25 12-Feb-26
D2000 Construction Documents Approval 5 5 13-Feb-26 19-Feb-26
Permit PackagesPermit Packages 300 30006-May-25 13-Jul-26
EISFEISF 60 60 06-May-25 30-Jul-25
A1840 Submit EISF Package 20 20 06-May-25 03-Jun-25
A1850 EISF Approved 40 40 04-Jun-25 30-Jul-25
AbatementAbatement 20 20 20-Feb-26 19-Mar-26
S1200 Submit Abatement Permit 15 15 20-Feb-26 12-Mar-26
P1400 Abatement Permit Approved 5 5 13-Mar-26 19-Mar-26
DemolitionDemolition 75 75 31-Oct-25 19-Feb-26
D2100 Submit Demolition Permit Package 45 45 31-Oct-25 08-Jan-26
P1200 Demolition Permit Approved 30 30 09-Jan-26 19-Feb-26
Footing to GradeFooting to Grade 90 90 09-Jan-26 14-May-26
D2400 Submit Foundation to Grade Permit Package 30 30 09-Jan-26 19-Feb-26
P1300 FTG Permit Approved 45 45 13-Mar-26 14-May-26
D2410 DC Water Revi ew 60 60 20-Feb-26 14-May-26
D2420 DOEE Review 60 60 20-Feb-26 14-May-26
BuildingBuilding 81 81 20-Feb-26 15-Jun-26
Renovation & A dd itionRenovation & A dd ition 81 81 20-Feb-26 15-Jun-26
D2500 Submit Building Permit Package 40 40 20-Feb-26 16-Apr-26
P1700 Building Permit Approved 40 40 20-Apr-26 15-Jun-26
D2510 DC Water Revi ew 60 60 23-Mar-26 15-Jun-26
D2520 DOEE Review 60 60 23-Mar-26 15-Jun-26
Public SpacePublic Space 60 60 17-Apr-26 13-Jul-26
P1040 Submit Public Space Permit Package 15 15 17-Apr-26 07-May-26
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Concept Design Estimate Approval
Concept Design Approval (DGS)
LEED Workshop (50% SD)
Schematic Design Estimate
Schematic Design
Schematic Design Approval (DGS)
Develop Boring Plan and Approval (Dr. T riccoli)
Archeological Borings
Develop Boring Archeological Results & Submit
Archeological Review and Approval (Dr. T riccoli)
Design Development
Design Document Estimate
Design Development Approval
Construction Documents
Construction Documents Approval
Submit EISF Package
EISF Approved
Submit Abatement Permit
Abatement Permit Approved
Submit Demolition Permit Package
Demolition Permit Approved
Submit Foundation to Grade Permit Package
FTG Permit Approved
DC Water Revi ew
DOEE Review
Submit Building Permit Package
Building Permit Approved
DC Water Revi ew
DOEE Review
Submit Public Space Permit Package
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 2 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
P1030 Public Space Approval 45 45 08-May-26 13-Jul-26
UtiltiesUtilties 305 30504-Mar-25 14-May-26
D2080 Submit PEPCO Load Letter 20 20 04-Mar-25 31-Mar-25
D2090 PEPCO Issues Work Order and Schedule Site Review 20 20 01-Apr-25 28-Apr-25
P1780 DC Water Revi ew Pr oces s 90 90 04-Mar-25 09-Jul-25
P1770 Washington Gas Review Pr ocess 120 12004-Mar-25 20-Aug-25
P1760 PEPCO Review Process 120 12029-Apr-25 16-Oct-25
P1790 PEPCO Release for Construction 55 55 17-Oct-25 08-Jan-26
P1510 T emporary Power Review 60 60 20-Feb-26 14-May-26
Neighborhood & CommissionNeighborhood & Commission 192 41 11-Sep-24 A20-Feb-25
P1000 HPO Approval 0 0 23-Dec-24
P1100 SIT/ANC Approval 0 0 23-Dec-24
P1730 HPO & DGS MOU (HPRB approval not required) 0 0 23-Dec-24
P1020 CF A Approval 0 0 20-Feb-25
SIT MEETINGSSIT MEETINGS 39 0 11-Sep-24 A20-Sep-24 A
P1740 SIT Meeting #1 (Introductory & Information Gathering) 0 0 11-Sep-24 A
P1810 SIT Meeting #2 (Concept Review) 0 0 18-Sep-24 A
P1820 SIT Meeting #3 (Concept Approval / Follow-up) 0 0 20-Sep-24 A
ANC MEETINGSANC MEETINGS 1 0 23-Sep-24 A23-Sep-24 A
A1910 DGS Informs GBCO that ANC Approval is not needed for this project0 0 23-Sep-24 A
A1920 ANC Meeting #1 1 0 23-Sep-24 A23-Sep-24 A
A1930 ANC Meeting #2 (Follow-up) 1 0 23-Sep-24 A23-Sep-24 A
A1940 ANC Develops Report 1 0 23-Sep-24 A23-Sep-24 A
CF ACF A 10 10 06-Feb-25 20-Feb-25
P1720 CF A Filing Deadline #1 0 0 06-Feb-25*
P1830 CF A Meeting #1 0 0 20-Feb-25*
HPRBHPRB 83 0 23-Sep-24 A23-Sep-24 A
A1870 HPRB Filing Deadline #1 0 0 23-Sep-24 A
A1880 HPRB Meeting #1 0 0 23-Sep-24 A
A1900 HPRB Meeting #2 0 0 23-Sep-24 A
A1950 HPO determines that HPRB will not be required 0 0 23-Sep-24 A
A1890 HPRB Revisions & Filing Deadline #2 15 0 23-Sep-24 A23-Sep-24 A
Early Release Package and GMPEarly Release Package and GMP 344 34423-Dec-24 30-Apr-26
ERP 1ERP 1 57 57 23-Dec-24 13-Mar-25
ERP1-a ESA #1 Development 23 23 23-Dec-24 24-Jan-25
ERP1-b ESA #1 Approval 34 34 27-Jan-25 13-Mar-25
ERP 2 (Potential)ERP 2 (Potential) 20 20 31-Oct-25 02-Dec-25
ERP2-a ESA #2 Development 10 10 31-Oct-25 14-Nov-25
ERP2-b ESA #2 Approval 10 10 17-Nov-25 02-Dec-25
GMPGMP 145 14503-Oct-25 30-Apr-26
GMP-a Develop GMP (50% DD's) 60 60 03-Oct-25 31-Dec-25
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Public Space Approval
Submit PEPCO Load Letter
PEPCO Issues Work Order and Schedule Site Review
DC Water Revi ew Pr oces s
Washington G as Revi ew Pr ocess
PEPCO Review Process
PEPCO Release for Construction
T emporary Power Review
HPO Approval
SIT/ANC Approval
HPO & DGS MOU (HPRB approval not required)
CF A Approval
SIT Meeting #1 (Introductory & Information Gathering)
SIT Meeting #2 (Concept Review)
SIT Meeting #3 (Concept Approval / Follow-up)
DGS Informs GBCO that ANC Approval is not needed for this project
ANC Meeting #1
ANC Meeting #2 (Follow-up)
ANC Develops Report
CF A Filing Deadline #1
CF A Meeting #1
HPRB Filing Deadline #1
HPRB Meeting #1
HPRB Meeting #2
HPO determines that HPRB will not be required
HPRB Revisions & Filing Deadline #2
ESA #1 Development
ESA #1 Approval
ESA #2 Development
ESA #2 Approval
Develop GMP (50% DD's)
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 3 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
GMP-b GMP Approval 25 25 02-Jan-26 05-Feb-26
GMP-c10 Council Approval 60 60 06-Feb-26 30-Apr-26
ProcurementProcurement 267 26714-Mar-25 02-Apr-26
ERP2-c Procure & Award Mechanical/Plumbing Design Assist (ES) 30 30 14-Mar-25 24-Apr-25
ERP2-e50 Procure & Award Electrical Design Assis t ( ES) 30 30 14-Mar-25 24-Apr-25
ERP2-d Procure & Award Structural Steel 30 30 03-Dec-25 15-Jan-26
ERP2-e20 Procure & Award Roofing (ES) 30 30 03-Dec-25 15-Jan-26
ERP2-e30 Procure & Award D/F/H 30 30 03-Dec-25 15-Jan-26
ERP2-e120 Procure & Award Utilites 30 30 03-Dec-25 15-Jan-26
ERP2-e180 Procure & Award Geothermal Wells 30 30 03-Dec-25 15-Jan-26
ERP2-d10 Procure & Award Concrete 30 30 03-Dec-25 15-Jan-26
ERP1-c Procure & Award Demo/Abatement (ES) 30 30 09-Jan-26 19-Feb-26
ERP2-e Procure & Award Drywall (ES) 30 30 06-Feb-26 19-Mar-26
ERP2-e10 Procure & Award Glazing 30 30 06-Feb-26 19-Mar-26
ERP2-e60 Procure & Award Elevator 30 30 06-Feb-26 19-Mar-26
ERP2-e70 Procure & Award Ceramic Til e 30 30 06-Feb-26 19-Mar-26
ERP2-e100 Procure & Award Millwork & Casework 30 30 06-Feb-26 19-Mar-26
ERP2-e110 Procure & Award Masonry 30 30 06-Feb-26 19-Mar-26
ERP2-e40 Procure & Award Misc Metals 30 30 06-Feb-26 19-Mar-26
ERP2-e140 Procure Kitchen Equipment 30 30 06-Feb-26 19-Mar-26
ERP2-e150 Procure Playground Equipment 30 30 06-Feb-26 19-Mar-26
ERP2-e170 Procure Fencing 30 30 06-Feb-26 19-Mar-26
ERP2-e130 Procure FF&E 30 30 13-Feb-26 26-Mar-26
ERP2-e160 Procure Landscaping 30 30 13-Feb-26 26-Mar-26
ERP2-e80 Procure & Award Paint 30 30 20-Feb-26 02-Apr-26
ERP2-e90 Procure & Award Flooring 30 30 20-Feb-26 02-Apr-26
Submittals and FabricationSubmittals and Fabrication 653 65325-Apr-25 23-Nov-27
SubmitSubmit 293 29325-Apr-25 22-Jun-26
S1500 Submit Underground MEP 10 10 25-Apr-25 08-May-25
S1820 Submit Mechanical/Plumbing Materials 10 10 02-Jan-26 15-Jan-26
S1800 Submit Mechanical Equipment 20 20 02-Jan-26 29-Jan-26
S1400 Submit Waterproofing 10 10 16-Jan-26 29-Jan-26
S2510 Submit D/F/H 10 10 16-Jan-26 29-Jan-26
S1310 Submit Utilities 10 10 16-Jan-26 29-Jan-26
S1240 Submit Geothermal Wells 10 10 16-Jan-26 29-Jan-26
S1000 Submit Roofing 15 15 16-Jan-26 05-Feb-26
S1900 Submit Concrete Foundation Materials 15 15 16-Jan-26 05-Feb-26
S1300 Submit Demolition Plan 4 4 20-Feb-26 25-Feb-26
S2000 Submit Lighting 15 15 06-Feb-26 26-Feb-26
S1600 Submit Interior Metal Studs 10 10 20-Mar-26 02-Apr-26
S2520 Submit Misc Metals 10 10 20-Mar-26 02-Apr-26
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
GMP Approval
Council Approval
Procure & Award Mechanical/Plumbing Design Assist (ES)
Procure & Award Electrical Design Assis t ( ES)
Procure & Award Structural Steel
Procure & Award Roofing (ES)
Procure & Award D/F/H
Procure & Award Utilites
Procure & Award Geothermal Wells
Procure & Award Concrete
Procure & Award Demo/Abatement (ES)
Procure & Award Drywall (ES)
Procure & Award Glazing
Procure & Award Elevator
Procure & Award Ceramic Til e
Procure & Award Millwork & Casework
Procure & Award Masonry
Procure & Award Misc Metals
Procure Kitchen Equipment
Procure Playground Equipment
Procure Fencing
Procure FF&E
Procure Landscaping
Procure & Award Paint
Procure & Award Flooring
Submit Underground MEP
Submit Mechanical/Plumbing Materials
Submit Mechanical Equipment
Submit Waterproofing
Submit D/F/H
Submit Utilities
Submit Geothermal Wells
Submit Roofing
Submit Concrete Foundation Materials
Submit Demolition Plan
Submit Lighting
Submit Interior Metal Studs
Submit Misc Metals
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 4 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
S1230 Submit Fencing 10 10 20-Mar-26 02-Apr-26
S1210 Submit Masonry 15 15 20-Mar-26 09-Apr-26
S2530 Submit Handrail 15 15 20-Mar-26 09-Apr-26
S2330 Submit Playground Equipment 15 15 20-Mar-26 09-Apr-26
S2540 Submit Landscaping 10 10 27-Mar-26 09-Apr-26
S2310 Submit Paint 10 10 03-Apr-26 16-Apr-26
S2320 Submit Flooring 10 10 03-Apr-26 16-Apr-26
S1830 Submit KEC 20 20 20-Mar-26 16-Apr-26
S1220 Submit FF&E 20 20 27-Mar-26 23-Apr-26
S2210 Submit Millwork & Casework 30 30 20-Mar-26 30-Apr-26
S2300 Submit Ceramic T ile 35 35 20-Mar-26 07-May-26
S2400 Submit Elevator Finishes 35 35 20-Mar-26 07-May-26
S2100 Submit Exterior Framing 20 20 17-Apr-26 14-May-26
S1700 Submit Generator 10 10 11-May-26 22-May-26
S2200 Submit Glazing 55 55 20-Mar-26 05-Jun-26
S1100 Submit Structural Steel 35 35 17-Apr-26 05-Jun-26
S1250 Submit Coordination Study & Switchgear 20 20 11-May-26 08-Jun-26
S1810 Submit Panelboards 30 30 11-May-26 22-Jun-26
ReviewReview 293 29309-May-25 07-Jul-26
A1550 Review Underground MEP 10 10 09-May-25 22-May-25
A1690 Review Mechanical/Plumbing Material 10 10 16-Jan-26 29-Jan-26
A1540 Review Waterproofing 10 10 30-Jan-26 12-Feb-26
A1590 Review Mechanical Equipment 10 10 30-Jan-26 12-Feb-26
A1680 Review D/F/H 10 10 30-Jan-26 12-Feb-26
A1670 Review Utilities 10 10 30-Jan-26 12-Feb-26
A1800 Review Geothermal Wells 10 10 30-Jan-26 12-Feb-26
A1530 Review Concrete Foundation 10 10 06-Feb-26 19-Feb-26
A1580 Review Roofing 10 10 06-Feb-26 19-Feb-26
A1820 Review Demo Plan 5 5 26-Feb-26 04-Mar-26
A1600 Review Lighting 10 10 27-Feb-26 12-Mar-26
A1520 Review Interior Metal Stud 10 10 03-Apr-26 16-Apr-26
A1730 Review Misc Metals 10 10 03-Apr-26 16-Apr-26
A1790 Review Fencing 10 10 03-Apr-26 16-Apr-26
A1720 Review Masonry 10 10 10-Apr-26 23-Apr-26
A1740 Review Handrail 10 10 10-Apr-26 23-Apr-26
A1770 Review Playground 10 10 10-Apr-26 23-Apr-26
A1780 Review Landscaping 10 10 10-Apr-26 23-Apr-26
A1700 Review Flooring 10 10 17-Apr-26 30-Apr-26
A1710 Review Paint 10 10 17-Apr-26 30-Apr-26
A1760 Review KEC 10 10 17-Apr-26 30-Apr-26
A1750 Review FF&E 10 10 24-Apr-26 07-May-26
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Submit Fencing
Submit Masonry
Submit Handrail
Submit Playground Equipment
Submit Landscaping
Submit Paint
Submit Flooring
Submit KEC
Submit FF&E
Submit Millwork & Casework
Submit Ceramic T ile
Submit Elevator Finishes
Submit Exterior Framing
Submit Generator
Submit Glazing
Submit Structural Steel
Submit Coordination Study & Switchgear
Submit Panelboards
Review Underground MEP
Review Mechanical/Plumbing Material
Review Waterproofing
Review Mechanical Equipment
Review D/F/H
Review Utilities
Review Geothermal Wells
Review Concrete Foundation
Review Roofing
Review Demo Plan
Review Lighting
Review Interior Metal Stud
Review Misc Metals
Review Fencing
Review Masonry
Review Handrail
Review Playground
Review Landscaping
Review Flooring
Review Paint
Review KEC
Review FF&E
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 5 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
A1830 Review Millwork & Casework 10 10 01-May-26 14-May-26
A1650 Review Ceramic T ile 10 10 08-May-26 21-May-26
A1660 Review Elevator Finish 10 10 08-May-26 21-May-26
A1620 Review Exterior Framing 10 10 15-May-26 29-May-26
A1560 Review Generator 10 10 26-May-26 08-Jun-26
A1860 Review Structural Steel 1 1 08-Jun-26 08-Jun-26
A1610 Review Structural Concrete 10 10 08-Jun-26 19-Jun-26
A1630 Review Glazing 10 10 08-Jun-26 19-Jun-26
A1810 Review Switchgear 10 10 09-Jun-26 22-Jun-26
A1570 Review Panelboards 10 10 23-Jun-26 07-Jul-26
FabricationFabrication 633 63323-May-25 23-Nov-27
F1200 Fabricate Underground MEP Material 10 10 23-May-25 06-Jun-25
F1100 Fabricate Waterproofing 2 2 13-Feb-26 16-Feb-26
F1310 Fabricate Mechanical/Plumbing Materials 15 15 30-Jan-26 19-Feb-26
F1600 Fabricate Concrete Rebar 15 15 20-Feb-26 12-Mar-26
F1120 Fabricate Frames 20 20 13-Feb-26 12-Mar-26
F1630 Fabricate Utilites 20 20 13-Feb-26 12-Mar-26
F1130 Fabricate Doors & Hardware 50 50 13-Feb-26 23-Apr-26
F1680 Fabricate Geothermal Wells 50 50 13-Feb-26 23-Apr-26
F1610 Fabricate Misc Metal Materials 15 15 17-Apr-26 07-May-26
F1830 Fabricate Paint 10 10 01-May-26 14-May-26
F1910 Fabricate Masonry Materials 20 20 24-Apr-26 21-May-26
F1300 Fabricate Interior Metal Studs 40 40 17-Apr-26 12-Jun-26
F1620 Fabricate Handrails 40 40 24-Apr-26 19-Jun-26
F1670 Fabricate Landscaping 40 40 24-Apr-26 19-Jun-26
F1840 Fabricate Flooring 40 40 01-May-26 26-Jun-26
F1700 Fabricate Lighting 80 80 13-Mar-26 06-Jul-26
F1400 Fabricate Structural Steel 20 20 09-Jun-26 07-Jul-26
F2110 Fabricate Fencing 60 60 17-Apr-26 13-Jul-26
F1900 Fabricate Exterior Framing 40 40 01-Jun-26 27-Jul-26
F2100 Fabricate Elevator Finishes 50 50 22-May-26 03-Aug-26
F1820 Fabricate Ceramic T ile 50 50 22-May-26 03-Aug-26
F1800 Fabricate Mechanical Equipment 130 13013-Feb-26 17-Aug-26
F1660 Fabricate Playground Equipment 80 80 24-Apr-26 17-Aug-26
F1650 Fabricate KEC 80 80 01-May-26 24-Aug-26
F1690 Fabricate Millwork & Casework 70 70 15-May-26 24-Aug-26
F1640 Fabricate FF&E 80 80 08-May-26 31-Aug-26
F1110 Fabricate Panelboards 40 40 08-Jul-26 01-Sep-26
F1000 Fabricate Roofing 200 20020-Feb-26 04-Dec-26
F2000 Fabricate Glazing 130 13022-Jun-26 28-Dec-26
F1500 Fabricate Generator 220 22009-Jun-26 21-Apr-27
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Review Millwork & Casework
Review Ceramic T ile
Review Elevator Finish
Review Exterior Framing
Review Generator
Review Structural Steel
Review Structural Concrete
Review Glazing
Review Switchgear
Review Panelboards
Fabricate Underground MEP Material
Fabricate Waterproofing
Fabricate Mechanical/Plumbing Materials
Fabricate Concrete Rebar
Fabricate Frames
Fabricate Utilites
Fabricate Doors & Hardware
Fabricate Geothermal Wells
Fabricate Misc Metal Materials
Fabricate Paint
Fabricate Masonry Materials
Fabricate Interior Metal Studs
Fabricate Handrails
Fabricate Landscaping
Fabricate Flooring
Fabricate Lighting
Fabricate Structural Steel
Fabricate Fencing
Fabricate Exterior Framing
Fabricate Elevator Finishes
Fabricate Ceramic T ile
Fabricate Mechanical Equipment
Fabricate Playground Equipment
Fabricate KEC
Fabricate Millwork & Casework
Fabricate FF&E
Fabricate Panelboards
Fabricate Roofing
Fabricate Glazing
Fabricate Generator
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 6 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
F1810 Fabricate Ductwork 15 15 19-May-27 09-Jun-27
F1510 Fabricate Switchgear 360 36023-Jun-26 23-Nov-27
ConstructionConstruction 688 68824-Apr-26 15-Jan-29
Demolition and Abate mentDemolition and Abate ment 56 56 01-Oct-26 22-Dec-26
DA1150 Removal of Furniture 7 7 02-Oct-26 12-Oct-26
DA1000 Mobilize on Site (fencing, construction entrance, ESC) 15 15 01-Oct-26 21-Oct-26
DA1140 Abatement of 4th Floor 7 7 13-Oct-26 21-Oct-26
DA1130 Abatement of 3rd Floor 5 5 22-Oct-26 28-Oct-26
DA1210 Demolition of 4th Floor 6 6 22-Oct-26 29-Oct-26
DA1120 Abatement of 2nd Floor 5 5 29-Oct-26 04-Nov-26
DA1220 Demoltion of 3rd Floor 6 6 30-Oct-26 06-Nov-26
DA1310 T emporary Power 15 15 22-Oct-26 12-Nov-26
DA1110 Abatement of 1st Floor 5 5 05-Nov-26 12-Nov-26
DA1230 Demoliton of 2nd Floor 6 6 09-Nov-26 17-Nov-26
DA1200 Separation of Multipurpose 6 6 13-Nov-26 20-Nov-26
DA1240 Demoltion of 1st Floor 6 6 18-Nov-26 25-Nov-26
DA1300 Demolition of Multipurpose Wing 20 20 23-Nov-26 22-Dec-26
Building RenovationBuilding Renovation 377 37728-Jul-26 25-Jan-28
InteriorsInteriors 372 37204-Aug-26 25-Jan-28
R0040 MEP Coordination 120 12030-Nov-26 18-May-27
R0010 Layout Shafts and T renches 5 5 19-May-27 25-May-27
R0020 Demo Shaft Openings 5 5 26-May-27 02-Jun-27
4th Floor4th Floor 118 11803-Jun-27 18-Nov-27
R4010 Layout 2 2 03-Jun-27 04-Jun-27
R4020 Door Frames 4 4 07-Jun-27 10-Jun-27
R4030 Framing 5 5 07-Jun-27 11-Jun-27
R4040 MEP Above Ceiling Rough-in 15 15 10-Jun-27 30-Jun-27
R4050 MEP Above Ceiling Rough-in Inspection 0 0 30-Jun-27
R4060 MEP Wall Rough-in 10 10 01-Jul-27 15-Jul-27
R4070 Wal l Close-in Inspection 0 0 15-Jul-27
R4080 Hang & Finish Drywall 10 10 16-Jul-27 29-Jul-27
R4090 ACT & Drywall Grid 5 5 30-Jul-27 05-Aug-27
R4100 Wire Devices 5 5 30-Jul-27 05-Aug-27
R4120 Ceiling Close-in Inspection 0 0 19-Aug-27
R4110 Lights, Diffusers, Grilles 10 10 06-Aug-27 19-Aug-27
R4130 Drop Ceilings 5 5 20-Aug-27 26-Aug-27
R4140 Doors and Hardware 5 5 27-Aug-27 02-Sep-27
R4160 Ceramic T ile 15 15 27-Aug-27 17-Sep-27
R4150 Finishes 15 15 03-Sep-27 24-Sep-27
R4170 Switch & Plate Devices 3 3 27-Sep-27 29-Sep-27
R4210 Install FF&E 10 10 27-Sep-27 08-Oct-27
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Fabricate Ductwork
Fabricate Switchgear
Removal of Furniture
Mobilize on Site (fencing, construction entrance, ESC)
Abatement of 4th Floor
Abatement of 3rd Floor
Demolition of 4th Floor
Abatement of 2nd Floor
Demoltion of 3rd Floor
T emporary Power
Abatement of 1st Floor
Demoliton of 2nd Floor
Separation of Multipurpose
Demoltion of 1st Floor
Demolition of Multipurpose Wing
MEP Coordination
Layout Shafts and T renches
Demo Shaft Openings
Layout
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wal l Close-in Inspection
Hang & Finish Drywall
ACT & Drywall Grid
Wire Devices
Ceiling Close-in Inspection
Lights, Diffusers, Grilles
Drop Ceilings
Doors and Hardware
Ceramic T ile
Finishes
Switch & Plate Devices
Install FF&E
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:19
Page 7 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
R4230 Install Millwork & Casework 15 15 27-Sep-27 15-Oct-27
R4180 Plumbing Fixtures 10 10 18-Oct-27 29-Oct-27
R4190 T oilet Partions 5 5 01-Nov-27 05-Nov-27
R4200 Accessories 7 7 08-Nov-27 17-Nov-27
R4220 Final Cleaning 1 1 18-Nov-27 18-Nov-27
3rd Floor3rd Floor 125 12514-Jun-27 10-Dec-27
R3010 Layout 2 2 14-Jun-27 15-Jun-27
R3020 Door Frames 4 4 16-Jun-27 21-Jun-27
R3030 Framing 5 5 16-Jun-27 22-Jun-27
R3040 MEP Above Ceiling Rough-in 15 15 16-Jun-27 07-Jul-27
R3050 MEP Above Ceiling Rough-in Inspection 0 0 07-Jul-27
R3060 MEP Wall Rough-in 10 10 08-Jul-27 21-Jul-27
R3070 Wal l Close-in Inspection 0 0 21-Jul-27
R3080 Hang & Finish Drywall 10 10 30-Jul-27 12-Aug-27
R3090 ACT & Drywall Grid 5 5 13-Aug-27 19-Aug-27
R3100 Wire Devices 5 5 13-Aug-27 19-Aug-27
R3120 Ceiling Close-in Inspection 0 0 02-Sep-27
R3110 Lights, Diffusers, Grilles 10 10 20-Aug-27 02-Sep-27
R3130 Drop Ceilings 5 5 03-Sep-27 10-Sep-27
R3140 Doors and Hardware 5 5 13-Sep-27 17-Sep-27
R3150 Ceramic T ile 15 15 20-Sep-27 08-Oct-27
R3160 Finishes 15 15 27-Sep-27 15-Oct-27
R3170 Switch & Plate Devices 3 3 18-Oct-27 20-Oct-27
R3210 Install FF&E 10 10 18-Oct-27 29-Oct-27
R3230 Install Millwork & Casework 14 14 18-Oct-27 04-Nov-27
R3180 Plumbing Fixtures 10 10 05-Nov-27 19-Nov-27
R3190 T oilet Partions 5 5 22-Nov-27 30-Nov-27
R3200 Accessories 7 7 01-Dec-27 09-Dec-27
R3220 Final Cleaning 1 1 10-Dec-27 10-Dec-27
2nd Floor2nd Floor 133 13323-Jun-27 04-Jan-28
R2010 Layout 2 2 23-Jun-27 24-Jun-27
R2020 Door Frames 4 4 25-Jun-27 30-Jun-27
R2030 Framing 5 5 25-Jun-27 01-Jul-27
R2040 MEP Above Ceiling Rough-in 15 15 25-Jun-27 16-Jul-27
R2050 MEP Above Ceiling Rough-in Inspection 0 0 16-Jul-27
R2060 MEP Wall Rough-in 10 10 19-Jul-27 30-Jul-27
R2070 Wal l Close-in Inspection 0 0 30-Jul-27
R2080 Hang & Finish Drywall 10 10 13-Aug-27 26-Aug-27
R2090 ACT & Drywall Grid 5 5 27-Aug-27 02-Sep-27
R2100 Wire Devices 5 5 27-Aug-27 02-Sep-27
R2120 Ceiling Close-in Inspection 0 0 17-Sep-27
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
Final Cleaning
Layout
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wall Close-in Inspection
Hang & Finish Drywall
ACT & Drywall Grid
Wire Devices
Ceiling Close-in Inspection
Lights, Diffusers, Grilles
Drop Ceilings
Doors and Hardware
Ceramic T ile
Finishes
Switch & Plate Devices
Install FF&E
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
Final Cleaning
Layout
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wal l Close-in Inspection
Hang & Finish Drywall
ACT & Drywall Grid
Wire Devices
Ceiling Close-in Inspection
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 8 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
R2110 Lights, Diffusers, Grilles 10 10 03-Sep-27 17-Sep-27
R2130 Drop Ceilings 5 5 20-Sep-27 24-Sep-27
R2140 Doors and Hardware 5 5 27-Sep-27 01-Oct-27
R2150 Ceramic T ile 15 15 11-Oct-27 29-Oct-27
R2160 Finishes 15 15 18-Oct-27 05-Nov-27
R2170 Switch & Plate Devices 3 3 08-Nov-27 10-Nov-27
R2210 Install FF&E 10 10 08-Nov-27 22-Nov-27
R2230 Install Millwork & Casework 10 10 08-Nov-27 22-Nov-27
R2180 Plumbing Fixtures 10 10 23-Nov-27 08-Dec-27
R2190 T oilet Partions 5 5 09-Dec-27 15-Dec-27
R2200 Accessories 7 7 16-Dec-27 27-Dec-27
R2220 Final Cleaning 5 5 28-Dec-27 04-Jan-28
1st Floor1st Floor 372 37204-Aug-26 25-Jan-28
R1240 Replace Elevator Finishes 10 10 04-Aug-26 17-Aug-26
R1260 Demoliton of T renches 7 7 26-May-27 04-Jun-27
R1250 Below Garde MEP 15 15 07-Jun-27 25-Jun-27
R1210 Infill Existing Boiler Room Depression 5 5 28-Jun-27 02-Jul-27
R1010 Layout 2 2 02-Jul-27 06-Jul-27
R1220 Prep & Place New Slab 3 3 06-Jul-27 08-Jul-27
R1020 Door Frames 4 4 09-Jul-27 14-Jul-27
R1030 Framing 5 5 09-Jul-27 15-Jul-27
R1040 MEP Above Ceiling Rough-in 15 15 07-Jul-27 27-Jul-27
R1050 MEP Above Ceiling Rough-in Inspection 0 0 27-Jul-27
R1060 MEP Wall Rough-in 10 10 28-Jul-27 10-Aug-27
R1070 Wal l Close-in Inspection 0 0 10-Aug-27
R1230 Concrete Cure 28 28 09-Jul-27 17-Aug-27
R1080 Hang & Finish Drywall 10 10 27-Aug-27 10-Sep-27
R1090 ACT & Drywall Grid 5 5 13-Sep-27 17-Sep-27
R1100 Wire Devices 5 5 13-Sep-27 17-Sep-27
R1120 Ceiling Close-in Inspection 0 0 01-Oct-27
R1110 Lights, Diffusers, Grilles 10 10 20-Sep-27 01-Oct-27
R1130 Drop Ceilings 5 5 04-Oct-27 08-Oct-27
R1140 Doors and Hardware 5 5 11-Oct-27 15-Oct-27
R1150 Ceramic T ile 15 15 01-Nov-27 22-Nov-27
R1160 Finishes 15 15 08-Nov-27 01-Dec-27
R1170 Switch & Plate Devices 3 3 02-Dec-27 06-Dec-27
R1270 Install FF&E 10 10 02-Dec-27 15-Dec-27
R1290 Install Millwork & Casework 10 10 02-Dec-27 15-Dec-27
R1180 Plumbing Fixtures 10 10 16-Dec-27 30-Dec-27
R1190 T oilet Partions 5 5 31-Dec-27 07-Jan-28
R1200 Accessories 7 7 10-Jan-28 18-Jan-28
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Lights, Diffusers, Grilles
Drop Ceilings
Doors and Hardware
Ceramic T ile
Finishes
Switch & Plate Devices
Install FF&E
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
Final Cleaning
Replace Elevator Finishes
Demoliton of T renches
Below Garde MEP
Infill Existing Boiler Room Depression
Layout
Prep & Place New Slab
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wal l Close-in Inspection
Concrete Cure
Hang & Finish Drywall
ACT & Drywall Grid
Wire Devices
Ceiling Close-in Inspection
Lights, Diffusers, Grilles
Drop Ceilings
Doors and Hardware
Ceramic T ile
Finishes
Switch & Plate Devices
Install FF&E
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 9 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
R1280 Final Cleaning 5 5 19-Jan-28 25-Jan-28
EnvelopeEnvelope 165 16528-Jul-26 23-Mar-27
RE1010 CFMF (@ Parapet) 20 20 28-Jul-26 24-Aug-26
RE1030 Sheathing, AVB and Rainscreen 80 80 25-Aug-26 18-Dec-26
DA1320 Demolition of Existing Roof 10 10 07-Dec-26 18-Dec-26
RE1040 Replace Windows & Storefronts 30 30 29-Dec-26 09-Feb-27
RE1050 Roofing 37 37 21-Dec-26 11-Feb-27
RE1060 Point Up/Caulking/T ouch Up Facade 30 30 10-Feb-27 23-Mar-27
MEP InfrastructureMEP Infrastructure 252 25222-Apr-27 19-Apr-28
MEP1100 Set Generator 5 5 22-Apr-27 28-Apr-27
MEP1030 Set Panelboards & T ransformers 15 15 17-Aug-27 07-Sep-27
MEP1010 Set Mechanical Equipment 30 30 17-Aug-27 28-Sep-27
MEP1090 Set Switchgear 5 5 24-Nov-27 02-Dec-27
MEP1040 TPF Inspection 3 3 03-Dec-27 07-Dec-27
MEP1050 30 Day PEPCO Wait 30 30 08-Dec-27 20-Jan-28
MEP1060 PEPCO Power Service Work 10 10 21-Jan-28 03-Feb-28
MEP1070 Final Electrical Connections 5 5 04-Feb-28 10-Feb-28
MEP1080 MEP Equipment Startup 25 25 16-Mar-28 19-Apr-28
Building AdditionBuilding Addition 327 32715-Jan-27 27-Apr-28
StructureStructure 145 14515-Jan-27 09-Aug-27
AS1000 Foundations and Underslab MEP 35 35 15-Jan-27 04-Mar-27
AS1010 Slab on Grade 12 12 05-Mar-27 22-Mar-27
AS1020 Ground Floor Superstructure and Decking 25 25 23-Mar-27 26-Apr-27
AS1090 Place Ground Floor Slab 1 1 27-Apr-27 27-Apr-27
AS1100 1st Floor Superstructure 15 15 28-Apr-27 18-May-27
AS1030 2nd Floor Decking/Support/Slab Prep 10 10 19-May-27 02-Jun-27
AS1040 Place 2nd Floor Slab 1 1 03-Jun-27 03-Jun-27
AS1050 2nd Floor Superstructure 25 25 04-Jun-27 09-Jul-27
AS1060 Roof Decking/Support/Slab Prep 10 10 12-Jul-27 23-Jul-27
AS1070 Place Roof Slab 1 1 26-Jul-27 26-Jul-27
AS1080 Connecting Bridge Steel 10 10 27-Jul-27 09-Aug-27
EnvelopeEnvelope 111 11127-Jul-27 05-Jan-28
South ElevationSouth Elevation 63 63 27-Jul-27 22-Oct-27
AES1000 CFMF Framing 10 10 27-Jul-27 09-Aug-27
AES1010 Sheating & AVB 5 5 10-Aug-27 16-Aug-27
AES1020 Dovetail Anchors 3 3 17-Aug-27 19-Aug-27
AES1030 Insulation 3 3 20-Aug-27 24-Aug-27
AES1040 Brick 15 15 25-Aug-27 15-Sep-27
AES1060 Wash Down 3 3 16-Sep-27 20-Sep-27
AES1050 Storefront & Curtainwall & Windows 12 12 07-Oct-27 22-Oct-27
West ElevationWest Elevation 65 65 10-Aug-27 09-Nov-27
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Final Cleaning
CFMF (@ Parapet)
Sheathing, AVB and Rainscreen
Demolition of Existing Roof
Replace Windows & Storefronts
Roofing
Point Up/Caulking/T ouch Up Facade
Set Generator
Set Panelboards & T ransformers
Set Mechanical Equipment
Set Switchgear
TPF Inspection
30 Day PEPCO Wait
PEPCO Power Service Work
Final Electrical Connections
MEP Equipment Startup
Foundations and Underslab MEP
Slab on Grade
Ground Floor Superstructure and Decking
Place Ground Floor Slab
1st Floor Superstructure
2nd Floor Decking/Support/Slab Prep
Place 2nd Floor Slab
2nd Floor Superstructure
Roof Decking/Support/Slab Prep
Place Roof Slab
Connecting Bridge Steel
CFMF Framing
Sheating & AVB
Dovetail Anchors
Insulation
Brick
Wash Down
Storefront & Curtainwall & Windows
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 10 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
AEW1000 CFMF Framing 10 10 10-Aug-27 23-Aug-27
AEW1010 Sheating & AVB 5 5 24-Aug-27 30-Aug-27
AEW1020 Dovetail Anchors 3 3 31-Aug-27 02-Sep-27
AEW1030 Insulation 5 5 03-Sep-27 10-Sep-27
AEW1040 Brick 20 20 13-Sep-27 08-Oct-27
AEW1050 Wash Down 3 3 11-Oct-27 13-Oct-27
AEW1060 Storefront & Curtainwall & Windows 12 12 25-Oct-27 09-Nov-27
North ElevationNorth Elevation 67 67 24-Aug-27 30-Nov-27
AEN1000 CFMF Framing 10 10 24-Aug-27 07-Sep-27
AEN1010 Sheating & AVB 5 5 08-Sep-27 14-Sep-27
AEN1020 Dovetail Anchors 3 3 15-Sep-27 17-Sep-27
AEN1030 Insulation 3 3 20-Sep-27 22-Sep-27
AEN1040 Brick 15 15 23-Sep-27 13-Oct-27
AEN1050 Wash Down 3 3 14-Oct-27 18-Oct-27
AEN1060 Storefront & Curtainwall & Windows 12 12 10-Nov-27 30-Nov-27
East ElevationEast Elevation 69 69 08-Sep-27 16-Dec-27
AEE1000 CFMF Framing 10 10 08-Sep-27 21-Sep-27
AEE1010 Sheating & AVB 5 5 22-Sep-27 28-Sep-27
AEE1020 Dovetail Anchors 3 3 29-Sep-27 01-Oct-27
AEE1030 Insulation 5 5 04-Oct-27 08-Oct-27
AEE1040 Brick 15 15 11-Oct-27 29-Oct-27
AEE1050 Wash Down 3 3 01-Nov-27 03-Nov-27
AEE1060 Storefront & Curtainwall & Windows 12 12 01-Dec-27 16-Dec-27
ConnectionConnection 71 71 22-Sep-27 05-Jan-28
ACB1000 CFMF Framing 3 3 22-Sep-27 24-Sep-27
ACB1010 Sheathing & AVB 3 3 27-Sep-27 29-Sep-27
ACB1020 T ie-in AVB to Existing Building 5 5 30-Sep-27 06-Oct-27
ACB1030 Storefront & Curtainwall & Windows 12 12 17-Dec-27 05-Jan-28
InteriorsInteriors 152 15222-Sep-27 27-Apr-28
AI0100 Set Mechanical Equipment 15 15 01-Oct-27 21-Oct-27
AI0120 Set Panels & T ransformers 10 10 08-Oct-27 21-Oct-27
AI0110 Mechanical Equipment Startup 24 24 11-Feb-28 15-Mar-28
2nd Floor2nd Floor 138 13822-Sep-27 07-Apr-28
AI2000 Layout 2 2 22-Sep-27 23-Sep-27
AI2030 Door Frames 4 4 24-Sep-27 29-Sep-27
AI2010 Framing 5 5 24-Sep-27 30-Sep-27
AI2020 MEP Above Ceiling Rough-in 10 10 24-Sep-27 07-Oct-27
AI2040 MEP Above Ceiling Rough-in Inspection 0 0 07-Oct-27
AI2050 MEP Wall Rough-in 10 10 08-Oct-27 21-Oct-27
AI2060 Wal l Close-in Inspection 0 0 21-Oct-27
AI2070 Hang & Finish Drywall 10 10 17-Dec-27 31-Dec-27
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
CFMF Framing
Sheating & AVB
Dovetail Anchors
Insulation
Brick
Wash Down
Storefront & Curtainwall & Windows
CFMF Framing
Sheating & AVB
Dovetail Anchors
Insulation
Brick
Wash Down
Storefront & Curtainwall & Windows
CFMF Framing
Sheating & AVB
Dovetail Anchors
Insulation
Brick
Wash Down
Storefront & Curtainwall & Windows
CFMF Framing
Sheathing & AVB
T ie-i n AVB to Existing Building
Storefront & Curtainwall & Windows
Set Mechanical Equipment
Set Panels & T ransformers
Mechanical Equipment Startup
Layout
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wal l Close-in Inspection
Hang & Finish Drywall
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 11 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
AI2080 ACT & Drywall Grid 5 5 04-Jan-28 10-Jan-28
AI2090 Wire Devices 5 5 04-Jan-28 10-Jan-28
AI2110 Ceiling Close-in Inspection 0 0 24-Jan-28
AI2100 Lights, Diffusers, Grilles 10 10 11-Jan-28 24-Jan-28
AI2120 Drop Ceilings 5 5 25-Jan-28 31-Jan-28
AI2150 Doors and Hardware 5 5 01-Feb-28 07-Feb-28
AI2130 Finishes 15 15 01-Feb-28 21-Feb-28
AI2140 Ceramic T ile 15 15 01-Feb-28 21-Feb-28
AI2160 Switch & Plate Devices 3 3 22-Feb-28 24-Feb-28
AI2200 Install FF&E 10 10 25-Feb-28 09-Mar-28
AI2220 Install Millwork & Casework 14 14 22-Feb-28 10-Mar-28
AI2170 Plumbing Fixtures 7 7 13-Mar-28 21-Mar-28
AI2180 T oilet Partions 5 5 22-Mar-28 28-Mar-28
AI2190 Accessories 4 4 28-Mar-28 31-Mar-28
AI2210 Final Cleaning 5 5 03-Apr-28 07-Apr-28
1st Floor1st Floor 150 15024-Sep-27 27-Apr-28
AI1000 Layout 2 2 24-Sep-27 27-Sep-27
AI1020 Door Frames 4 4 01-Oct-27 06-Oct-27
AI1010 Framing 5 5 01-Oct-27 07-Oct-27
AI1030 MEP Above Ceiling Rough-in 10 10 08-Oct-27 21-Oct-27
AI1050 MEP Above Ceiling Rough-in Inspection 0 0 21-Oct-27
AI1060 MEP Wall Rough-in 10 10 22-Oct-27 04-Nov-27
AI1070 Wal l Close-in Inspection 0 0 04-Nov-27
AI1040 Discovery Commons Stair 20 20 08-Oct-27 04-Nov-27
AI1080 Hang & Finish Drywall 10 10 04-Jan-28 17-Jan-28
AI1090 ACT & Drywall Grid 5 5 18-Jan-28 24-Jan-28
AI1100 Wire Devices 5 5 18-Jan-28 24-Jan-28
AI1250 Exposed Ceiling Mounted MEP 10 10 18-Jan-28 31-Jan-28
AI1120 Ceiling Close-in Inspection 0 0 07-Feb-28
AI1110 Lights, Diffusers, Grilles 10 10 25-Jan-28 07-Feb-28
AI1240 Paint Exposed Gym Ceiling 5 5 01-Feb-28 07-Feb-28
AI1130 Drop Ceilings 5 5 08-Feb-28 14-Feb-28
AI1210 Gym Flooring 7 7 08-Feb-28 16-Feb-28
AI1150 Doors and Hardware 5 5 15-Feb-28 21-Feb-28
AI1280 Kitchen Exhaust Hood 10 10 08-Feb-28 21-Feb-28
AI1220 Gym Equipment 7 7 17-Feb-28 25-Feb-28
AI1290 Kitchen Fire Suppression 5 5 22-Feb-28 28-Feb-28
AI1140 Ceramic T ile 12 12 15-Feb-28 01-Mar-28
AI1160 Finishes 15 15 22-Feb-28 13-Mar-28
AI1230 Kitchen Equipment 10 10 02-Mar-28 15-Mar-28
AI1180 Switch & Plate Devices 3 3 14-Mar-28 16-Mar-28
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
ACT & Drywall Grid
Wire Devices
Ceiling Close-in Inspection
Lights, Diffusers, Grilles
Drop Ceilings
Doors and Hardware
Finishes
Ceramic T ile
Switch & Plate Devices
Install FF&E
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
Final Cleaning
Layout
Door Frames
Framing
MEP Above Ceiling Rough-in
MEP Above Ceiling Rough-in Inspection
MEP Wall Rough-in
Wal l Close-in Inspection
Discovery Commons Stair
Hang & Finish Drywall
ACT & Drywall Grid
Wire Devices
Exposed Ceiling Mounted MEP
Ceiling Close-in Inspection
Lights, Diffusers, Grilles
Paint Exposed Gym Ceiling
Drop Ceilings
Gym Flooring
Doors and Hardware
Kitchen Exhaust Hood
Gym Equipment
Kitchen Fire Suppression
Ceramic T ile
Finishes
Kitchen Equipment
Switch & Plate Devices
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 12 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
AI1260 Install FF&E 10 10 14-Mar-28 27-Mar-28
AI1310 Install Millwork & Casework 10 10 14-Mar-28 27-Mar-28
AI1170 Plumbing Fixtures 7 7 28-Mar-28 05-Apr-28
AI1190 T oilet Partions 4 4 06-Apr-28 11-Apr-28
AI1200 Accessories 7 7 12-Apr-28 20-Apr-28
AI1300 SaLut Filters 15 15 06-Apr-28 26-Apr-28
AI1270 Final Cleaning 5 5 21-Apr-28 27-Apr-28
SiteworkSitework 549 54924-Apr-26 23-Jun-28
SIT1400 Geothermal Wells 56 56 24-Apr-26 14-Jul-26
SIT1000 Site Demo 10 10 22-Oct-26 04-Nov-26
SIT1005 Excavate and Estabilish Building Pad 15 15 23-Dec-26 14-Jan-27
SIT1100 Site Utilities 40 40 23-Dec-26 18-Feb-27
SIT1410 Rough Grading 20 20 06-Jan-28 02-Feb-28
SIT1300 Bioretention Ponds and Deep Planters 30 30 03-Feb-28 15-Mar-28
SIT1200 Final Grading 25 25 16-Mar-28 19-Apr-28
SIT1020 Curb & Dumpster Pad 10 10 20-Apr-28 03-May-28
SIT1010 Mill & Overlay Parking Lot 5 5 04-May-28 10-May-28
SIT1030 Striping & Wheel Stops 3 3 11-May-28 15-May-28
SIT1600 Playground and Site Equipment 10 10 16-May-28 30-May-28
SIT1500 Site Paving and Concrete 40 40 20-Apr-28 15-Jun-28
SIT1700 Landscaping 25 25 16-May-28* 20-Jun-28
SIT1710 Fencing 30 30 11-May-28 22-Jun-28
SIT1610 Playground Surfacing 18 18 31-May-28* 23-Jun-28
Inspections and TurnoverInspections and Turnover 185 18520-Apr-28 15-Jan-29
A1210 Interior Punchlist 10 10 28-Apr-28 11-May-28
A1200 MEP Equip Commission/T&B 20 20 20-Apr-28 17-May-28
A1100 Full Building Air test 5 5 18-May-28 24-May-28
A1000 F A Inspections 5 5 18-May-28 24-May-28
A1510 MEP Final Commissioning/Reports 20 20 18-May-28 15-Jun-28
A1300 DOEE Bioretention Pond Inspections 5 5 21-Jun-28 27-Jun-28
A1500 C of O Inspections 10 10 16-Jun-28 29-Jun-28
A1220 Exterior Punchlist 10 10 26-Jun-28 10-Jul-28
A1400 Final DOH Inspections 10 10 30-Jun-28 14-Jul-28
A1410 Administrative Close-out Items 125 12517-Jul-28 15-Jan-29
ONDJ FMAMJ J AS NDJ F A J J ASONDJ FMAMJ J ASONDJ FMAMJ J ASONDJ FMAMJ J AS NDJ F AMJ J ASO
2024 2025 2026 2027 2028 2029
Install FF&E
Install Millwork & Casework
Plumbing Fixtures
T oilet Partions
Accessories
SaLut Filters
Final Cleaning
Geothermal Wells
Site Demo
Excavate and Estabilish Building Pad
Site Utilities
Rough Grading
Bioretention Ponds and Deep Planters
Final Grading
Curb & Dumpster Pad
Mill & Overlay Parking Lot
Striping & Wheel Stops
Playground and Site Equipment
Site Paving and Concrete
Landscaping
Fencing
Playground Surfacing
Interior Punchlist
MEP Equip Commission/T&B
Full Building Air test
F A Inspections
MEP Final Commissioning/Reports
DOEE Bioretention Pond Inspections
C of O Inspections
Exterior Punchlist
Final DOH Inspections
Administrative Close-out Items
Finish Date: 15-Mar-29
Data Date: 23-Dec-24
Run Date: 15-Apr-25 12:20
Page 13 of 13
Drew - ESA #1
Remaining L evel of Effort
Act u al L eve l o f Effort
Act u al Work
Remaining Work
Crit ical Remaining Work
Summary Milesto nes
Crit ica l Milest on es
Milest on e HM TEMP SHED
Update 03 APRIL 2025
Exhibit C
Deliverable List
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
Design and Preconstruction Phase Deliverables
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.
j) List of subcontractors from which the Design-Builder intends to solicit bids and
bidding procedure.
k) Trade bid tabulations, including all subcontractor proposals.
l) Report outlining Value Engineering strategies.
m) GMP Proposal.
n) Construction Phase Baseline Schedule.
o) Statement of constructability within ten (10) days of the conclusion of the Design
and Preconstruction Phase, executed by bot h the Design-Builder and the Project
Architect/Engineer.
p) Insurance Certificates.
q) Payment and Performance Bonds.
Construction Deliverables
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.
n) ProjectTeam submissions.
o) Invoices and Acceptable Application for Payment with Release of Liens and
Claims.
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.
Documents that may be required by Contracting Officer from time to time.
Close-Out Deliverables
Deliverables shall include, but not be limited to:
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.).
j) Final Maintenance and Operations Plan
Exhibit D
SBE Subcontracting Plan
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
SBE SUBCONTRACTNG PLAN | Revised October 2023
SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION
Section 1A. BENEFICIARY INFORMATION
Company: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: ________________ Solicitation Due Date: ________________
Agency: _____________ Total Dollar Amount of Contract: _________________
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
¾ Adjusted Subcontracting Requirement: ____%
Total Value of ALL CBE Subcontracts: _________________
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Please include the percentage of the contract the CBE Prime will perform under the contract or project.
¾ The CBE Prime will self-perform ____% of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
¾ CBE Certification No. ______________
$ 3,720,000
$ 10,482,293Department of General Services
August 7, 2023DCAM-23-CS-RFP-0020
1100 N Glebe Road, Suite 1000, Arlington, VA 22201
TSwartzwelder@GilbaneCo.com240-457-0041
Senior Business LeaderTyler Swartzwelder
Arlington, VA 222011100 N Glebe Road, Suite 1000
TSwartzwelder@GilbaneCo.com240-457-0041Gilbane Building Company | Cornic a JV
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. Pursuant to D.C. Official Code § 22-2402, I
understand that a person convicted of perjury shall be fined not more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2-218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Business 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.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
Act ), sha
l
l be subject to pena
lt
i
es as
URE
:
__
__________________________
_
____________________
_
_
_
_
_
______
_
_
214 P Street, NW LSD41833032028
LSDZRE62553062025638 I Street, NW
LSDZ77539102022440 Massachussetts Ave, NW
LSZ488100720241420 K Street, NW
Archeology
Geotechnical & Environmental
Landscape Design
Structural Engineering & Design
2nd
2nd
2nd
2nd
52.5
270,000
112,661
85,000
28,804EHT Traceries
DMY Capitol LLC
Lee and Associates
Ehlert Bryan
Principal
info@studiombdc.com
202-506-7366
John McGraw
Architectural Design Services$ 3,720,000LSZR715810820271601 Connecticut Ave, NW
Washington, DC 20009
McGraw Bagnoli Archirects, PLLC
dba StudioMB
4/9/25Project Executive
Austin Ringwood
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.govwithin five (5) days of signing:
FOR AGENCY CONTRACTthe SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.govwithin five (5) days of signing the contract between the Beneficiary and Agency.
________
Name of Agency Contracting Officer or Agency Project Manager
________
Title of Agency Contracting Officer or Agency Project Manager
________
Signature
________
Date
DCAM-23-CS-RFP-0020
Gilbane Building Company | Cornic a JV
Department of General Services
Exhibit E
Reserved
Exhibit F Key Personnel
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
Key Personnel for Drew ES Modernization Project
Key Personnel of Design-Builder
No Name Position
1 Cali Sims Project Manager
2 Austin Ringwood Project Executive
3 Kendall Romrell Superintendent
Key Personnel of Design Builder’s Architect Engineer
No Name Position
1 Marquisha Powell, AIA, LEED AP BD+C Project Manager
2 Keven Lee Project Architect
3 David C. Bagnoli, AIA, LEED AP BD+C Principal-in-Charge
4 Michael Sherron Lead Mechanical Engineer
5 Anthony Dukes Lead Envelope Consultant
Exhibit G1
Davis Bacon Act Wage Determination
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
"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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
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2 01/24/2025
3 02/14/2025
4 02/21/2025
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 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.
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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
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Rates Fringes
BRICKLAYER.......................$ 37.50 14.38
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CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
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CARP0219-001 05/01/2024
Rates Fringes
MILLWRIGHT.......................$ 38.61 16.89
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CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
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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.
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ELEV0010-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 57.16 38.435+a+b
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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
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* 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
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----------------------------------------------------------------
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
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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
----------------------------------------------------------------
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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.
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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:
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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"
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Exhibit G2
Title 29 Code of Federal Regulations (“CFR”)
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
115
Office of the Secretary of Labor § 5.5
been certified by the Secretary of
Transportation in accordance with 23
U.S.C. 113(c).
(4) A distinct classification of ‘‘help-
er’’ will be issued in wage determina-
tions applicable to work performed on
construction projects covered by the
labor standards provisions of the
Davis-Bacon and Related Acts only
where:
(i) The duties of the helper are clear-
ly defined and distinct from those of
any other classification on the wage
determination;
(ii) The use of such helpers is an es-
tablished prevailing practice in the
area; and
(iii) The helper is not employed as a
trainee in an informal training pro-
gram. A ‘‘helper’’ classification will be
added to wage determinations pursuant
to § 5.5(a)(1)(ii)(A) only where, in addi-
tion, the work to be performed by the
helper is not performed by a classifica-
tion in the wage determination.
(o) Every person performing the du-
ties of a laborer or mechanic in the
construction, prosecution, completion,
or repair of a public building or public
work, or building or work financed in
whole or in part by loans, grants, or
guarantees from the United States is
employed regardless of any contractual
relationship alleged to exist between
the contractor and such person.
(p) The term wages means the basic
hourly rate of pay; any contribution ir-
revocably made by a contractor or sub-
contractor 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 sub-
contractor which may be reasonably
anticipated in providing bona fide
fringe benefits to laborers and mechan-
ics pursuant to an enforceable commit-
ment to carry out a financially respon-
sible plan of program, which was com-
municated in writing to the laborers
and mechanics affected. The fringe
benefits enumerated in the Davis-
Bacon Act include medical or hospital
care, pensions on retirement or death,
compensation for injuries or illness re-
sulting from occupational activity, or
insurance to provide any of the fore-
going; unemployment benefits; life in-
surance, disability insurance, sickness
insurance, or accident insurance; vaca-
tion or holiday pay; defraying costs of
apprenticeship or other similar pro-
grams; or other bona fide fringe bene-
fits. Fringe benefits do not include ben-
efits required by other Federal, State,
or local law.
(q) The term wage determination in-
cludes the original decision and any
subsequent decisions modifying, super-
seding, correcting, or otherwise chang-
ing the provisions of the original deci-
sion. The application of the wage deter-
mination shall be in accordance with
the provisions of § 1.6 of this title.
[48 FR 19541, Apr. 29, 1983, as amended at 48
FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4,
1990; 57 FR 19206, May 4, 1992; 65 FR 69693,
Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]
§§ 5.3–5.4 [Reserved]
§ 5.5 Contract provisions and related
matters.
(a) The Agency head shall cause or
require the contracting officer to in-
sert in full in any contract in excess of
$2,000 which is entered into for the ac-
tual construction, alteration and/or re-
pair, including painting and deco-
rating, of a public building or public
work, or building or work financed in
whole or in part from Federal funds or
in accordance with guarantees of a
Federal agency or financed from funds
obtained by pledge of any contract of a
Federal agency to make a loan, grant
or annual contribution (except where a
different meaning is expressly indi-
cated), and which is subject to the
labor standards provisions of any of the
acts listed in § 5.1, the following clauses
(or any modifications thereof to meet
the particular needs of the agency, Pro-
vided, That such modifications are first
approved by the Department of Labor):
(1) Minimum wages. (i) All laborers
and mechanics employed or working
upon the site of the work (or under the
United States Housing Act of 1937 or
under the Housing Act of 1949 in the
construction or development of the
project), will be paid unconditionally
and not less often than once a week,
and without subsequent deduction or
rebate on any account (except such
payroll deductions as are permitted by
regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and
VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150
116
29 CFR Subtitle A (7–1–11 Edition) § 5.5
bona fide fringe benefits (or cash
equivalents thereof) due at time of
payment computed at rates not less
than those contained in the wage de-
termination of the Secretary of Labor
which is attached hereto and made a
part hereof, regardless of any contrac-
tual relationship which may be alleged
to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reason-
ably anticipated for bona fide fringe
benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers
or mechanics are considered wages paid
to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contribu-
tions made or costs incurred for more
than a weekly period (but not less
often than quarterly) under plans,
funds, or programs which cover the
particular weekly period, are deemed
to be constructively made or incurred
during such weekly period. Such labor-
ers and mechanics shall be paid the ap-
propriate wage rate and fringe benefits
on the wage determination for the clas-
sification of work actually performed,
without regard to skill, except as pro-
vided in § 5.5(a)(4). Laborers or mechan-
ics performing work in more than one
classification may be compensated at
the rate specified for each classifica-
tion for the time actually worked
therein: Provided, That the employer’s
payroll records accurately set forth the
time spent in each classification in
which work is performed. The wage de-
termination (including any additional
classification and wage rates con-
formed under paragraph (a)(1)(ii) of
this section) and the Davis-Bacon post-
er (WH–1321) shall be posted at all
times by the contractor and its sub-
contractors at the site of the work in a
prominent and accessible place where
it can be easily seen by the workers.
(ii)(A) The contracting officer shall
require that any class of laborers or
mechanics, including helpers, which is
not listed in the wage determination
and which is to be employed under the
contract shall be classified in conform-
ance with the wage determination. The
contracting officer shall approve an ad-
ditional classification and wage rate
and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the
classification requested is not per-
formed by a classification in the wage
determination; and
(2) The classification is utilized in
the area by the construction industry;
and
(3) The proposed wage rate, including
any bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage determina-
tion.
(B) If the contractor and the laborers
and mechanics to be employed in the
classification (if known), or their rep-
resentatives, and the contracting offi-
cer agree on the classification and
wage rate (including the amount des-
ignated for fringe benefits where appro-
priate), a report of the action taken
shall be sent by the contracting officer
to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, U.S. Department of
Labor, Washington, DC 20210. The Ad-
ministrator, or an authorized rep-
resentative, will approve, modify, or
disapprove every additional classifica-
tion action within 30 days of receipt
and so advise the contracting officer or
will notify the contracting officer
within the 30-day period that addi-
tional time is necessary.
(C) In the event the contractor, the
laborers or mechanics to be employed
in the classification or their represent-
atives, and the contracting officer do
not agree on the proposed classifica-
tion and wage rate (including the
amount designated for fringe benefits,
where appropriate), the contracting of-
ficer shall refer the questions, includ-
ing the views of all interested parties
and the recommendation of the con-
tracting officer, to the Administrator
for determination. The Administrator,
or an authorized representative, will
issue a determination within 30 days of
receipt and so advise the contracting
officer or will notify the contracting
officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe
benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or
(C) of this section, shall be paid to all
workers performing work in the classi-
fication under this contract from the
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117
Office of the Secretary of Labor § 5.5
first day on which work is performed in
the classification.
(iii) Whenever the minimum wage
rate prescribed in the contract for a
class of laborers or mechanics includes
a fringe benefit which is not expressed
as an hourly rate, the contractor shall
either pay the benefit as stated in the
wage determination or shall pay an-
other bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make
payments to a trustee or other third
person, the contractor may consider as
part of the wages of any laborer or me-
chanic the amount of any costs reason-
ably anticipated in providing bona fide
fringe benefits under a plan or pro-
gram, Provided, That the Secretary of
Labor has found, upon the written re-
quest of the contractor, that the appli-
cable standards of the Davis-Bacon Act
have been met. The Secretary of Labor
may require the contractor to set aside
in a separate account assets for the
meeting of obligations under the plan
or program.
(2) Withholding. The (write in name of
Federal Agency or the loan or grant re-
cipient) shall upon its own action or
upon written request of an authorized
representative of the Department of
Labor withhold or cause to be withheld
from the contractor under this con-
tract or any other Federal contract
with the same prime contractor, or any
other federally-assisted contract sub-
ject to Davis-Bacon prevailing wage re-
quirements, which is held by the same
prime contractor, so much of the ac-
crued payments or advances as may be
considered necessary to pay laborers
and mechanics, including apprentices,
trainees, and helpers, employed by the
contractor or any subcontractor the
full amount of wages required by the
contract. In the event of failure to pay
any laborer or mechanic, including any
apprentice, trainee, or helper, em-
ployed or working on the site of the
work (or under the United States Hous-
ing Act of 1937 or under the Housing
Act of 1949 in the construction or de-
velopment of the project), all or part of
the wages required by the contract, the
(Agency) may, after written notice to
the contractor, sponsor, applicant, or
owner, take such action as may be nec-
essary to cause the suspension of any
further payment, advance, or guar-
antee of funds until such violations
have ceased.
(3) Payrolls and basic records. (i) Pay-
rolls and basic records relating thereto
shall be maintained by the contractor
during the course of the work and pre-
served for a period of three years there-
after for all laborers and mechanics
working at the site of the work (or
under the United States Housing Act of
1937, or under the Housing Act of 1949,
in the construction or development of
the project). Such records shall contain
the name, address, and social security
number of each such worker, his or her
correct classification, hourly rates of
wages paid (including rates of contribu-
tions or costs anticipated for bona fide
fringe benefits or cash equivalents
thereof of the types described in sec-
tion 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours
worked, deductions made and actual
wages paid. Whenever the Secretary of
Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any la-
borer or mechanic include the amount
of any costs reasonably anticipated in
providing benefits under a plan or pro-
gram described in section 1(b)(2)(B) of
the Davis-Bacon Act, the contractor
shall maintain records which show that
the commitment to provide such bene-
fits is enforceable, that the plan or pro-
gram is financially responsible, and
that the plan or program has been com-
municated in writing to the laborers or
mechanics affected, and records which
show the costs anticipated or the ac-
tual cost incurred in providing such
benefits. Contractors employing ap-
prentices or trainees under approved
programs shall maintain written evi-
dence of the registration of apprentice-
ship programs and certification of
trainee programs, the registration of
the apprentices and trainees, and the
ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit
weekly for each week in which any
contract work is performed a copy of
all payrolls to the (write in name of ap-
propriate federal agency) if the agency
is a party to the contract, but if the
agency is not such a party, the con-
tractor will submit the payrolls to the
applicant, sponsor, or owner, as the
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118
29 CFR Subtitle A (7–1–11 Edition) § 5.5
case may be, for transmission to the
(write in name of agency). The payrolls
submitted shall set out accurately and
completely all of the information re-
quired to be maintained under 29 CFR
5.5(a)(3)(i), except that full social secu-
rity numbers and home addresses shall
not be included on weekly transmit-
tals. Instead the payrolls shall only
need to include an individually identi-
fying number for each employee (e.g.,
the last four digits of the employee’s
social security number). The required
weekly payroll information may be
submitted in any form desired. Op-
tional Form WH–347 is available for
this purpose from the Wage and Hour
Division Web site at http://www.dol.gov/
esa/whd/forms/wh347instr.htm or its suc-
cessor site. The prime contractor is re-
sponsible for the submission of copies
of payrolls by all subcontractors. Con-
tractors and subcontractors shall
maintain the full social security num-
ber and current address of each covered
worker, and shall provide them upon
request to the (write in name of appro-
priate federal agency) if the agency is a
party to the contract, but if the agency
is not such a party, the contractor will
submit them to the applicant, sponsor,
or owner, as the case may be, for trans-
mission to the (write in name of agen-
cy), the contractor, or the Wage and
Hour Division of the Department of
Labor for purposes of an investigation
or audit of compliance with prevailing
wage requirements. It is not a viola-
tion of this section for a prime con-
tractor to require a subcontractor to
provide addresses and social security
numbers to the prime contractor for its
own records, without weekly submis-
sion to the sponsoring government
agency (or the applicant, sponsor, or
owner).
(B) Each payroll submitted shall be
accompanied by a ‘‘Statement of Com-
pliance,’’ signed by the contractor or
subcontractor or his or her agent who
pays or supervises the payment of the
persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll
period contains the information re-
quired to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5,
the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regu-
lations, 29 CFR part 5, and that such
information is correct and complete;
(2) That each laborer or mechanic
(including each helper, apprentice, and
trainee) employed on the contract dur-
ing the payroll period has been paid the
full weekly wages earned, without re-
bate, either directly or indirectly, and
that no deductions have been made ei-
ther directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations,
29 CFR part 3;
(3) That each laborer or mechanic has
been paid not less than the applicable
wage rates and fringe benefits or cash
equivalents for the classification of
work performed, as specified in the ap-
plicable wage determination incor-
porated into the contract.
(C) The weekly submission of a prop-
erly executed certification set forth on
the reverse side of Optional Form WH–
347 shall satisfy the requirement for
submission of the ‘‘Statement of Com-
pliance’’ required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the
above certifications may subject the
contractor or subcontractor to civil or
criminal prosecution under section 1001
of title 18 and section 231 of title 31 of
the United States Code.
(iii) The contractor or subcontractor
shall make the records required under
paragraph (a)(3)(i) of this section avail-
able for inspection, copying, or tran-
scription by authorized representatives
of the (write the name of the agency)
or the Department of Labor, and shall
permit such representatives to inter-
view employees during working hours
on the job. If the contractor or subcon-
tractor fails to submit the required
records or to make them available, the
Federal agency may, after written no-
tice to the contractor, sponsor, appli-
cant, or owner, take such action as
may be necessary to cause the suspen-
sion of any further payment, advance,
or guarantee of funds. Furthermore,
failure to submit the required records
upon request or to make such records
available may be grounds for debar-
ment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees —(i) Ap-
prentices. Apprentices will be permitted
to work at less than the predetermined
rate for the work they performed when
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119
Office of the Secretary of Labor § 5.5
they are employed pursuant to and in-
dividually registered in a bona fide ap-
prenticeship program registered with
the U.S. Department of Labor, Employ-
ment and Training Administration, Of-
fice of Apprenticeship Training, Em-
ployer and Labor Services, or with a
State Apprenticeship Agency recog-
nized by the Office, or if a person is em-
ployed in his or her first 90 days of pro-
bationary employment as an appren-
tice in such an apprenticeship program,
who is not individually registered in
the program, but who has been cer-
tified by the Office of Apprenticeship
Training, Employer and Labor Services
or a State Apprenticeship Agency
(where appropriate) to be eligible for
probationary employment as an ap-
prentice. The allowable ratio of ap-
prentices to journeymen on the job site
in any craft classification shall not be
greater than the ratio permitted to the
contractor as to the entire work force
under the registered program. Any
worker listed on a payroll at an ap-
prentice wage rate, who is not reg-
istered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage deter-
mination for the classification of work
actually performed. In addition, any
apprentice performing work on the job
site in excess of the ratio permitted
under the registered program shall be
paid not less than the applicable wage
rate on the wage determination for the
work actually performed. Where a con-
tractor is performing construction on a
project in a locality other than that in
which its program is registered, the ra-
tios and wage rates (expressed in per-
centages of the journeyman’s hourly
rate) specified in the contractor’s or
subcontractor’s registered program
shall be observed. Every apprentice
must be paid at not less than the rate
specified in the registered program for
the apprentice’s level of progress, ex-
pressed as a percentage of the journey-
men hourly rate specified in the appli-
cable wage determination. Apprentices
shall be paid fringe benefits in accord-
ance with the provisions of the appren-
ticeship program. If the apprenticeship
program does not specify fringe bene-
fits, apprentices must be paid the full
amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator de-
termines that a different practice pre-
vails for the applicable apprentice clas-
sification, fringes shall be paid in ac-
cordance with that determination. In
the event the Office of Apprenticeship
Training, Employer and Labor Serv-
ices, or a State Apprenticeship Agency
recognized by the Office, withdraws ap-
proval of an apprenticeship program,
the contractor will no longer be per-
mitted to utilize apprentices at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(ii) Trainees. Except as provided in 29
CFR 5.16, trainees will not be per-
mitted to work at less than the pre-
determined rate for the work per-
formed unless they are employed pur-
suant to and individually registered in
a program which has received prior ap-
proval, evidenced by formal certifi-
cation by the U.S. Department of
Labor, Employment and Training Ad-
ministration. The ratio of trainees to
journeymen on the job site shall not be
greater than permitted under the plan
approved by the Employment and
Training Administration. Every train-
ee must be paid at not less than the
rate specified in the approved program
for the trainee’s level of progress, ex-
pressed as a percentage of the journey-
man hourly rate specified in the appli-
cable wage determination. Trainees
shall be paid fringe benefits in accord-
ance with the provisions of the trainee
program. If the trainee program does
not mention fringe benefits, trainees
shall be paid the full amount of fringe
benefits listed on the wage determina-
tion unless the Administrator of the
Wage and Hour Division determines
that there is an apprenticeship pro-
gram associated with the cor-
responding journeyman wage rate on
the wage determination which provides
for less than full fringe benefits for ap-
prentices. Any employee listed on the
payroll at a trainee rate who is not
registered and participating in a train-
ing plan approved by the Employment
and Training Administration shall be
paid not less than the applicable wage
rate on the wage determination for the
classification of work actually per-
formed. In addition, any trainee per-
forming work on the job site in excess
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120
29 CFR Subtitle A (7–1–11 Edition) § 5.5
of the ratio permitted under the reg-
istered program shall be paid not less
than the applicable wage rate on the
wage determination for the work actu-
ally performed. In the event the Em-
ployment and Training Administration
withdraws approval of a training pro-
gram, the contractor will no longer be
permitted to utilize trainees at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(iii) Equal employment opportunity.
The utilization of apprentices, trainees
and journeymen under this part shall
be in conformity with the equal em-
ployment opportunity requirements of
Executive Order 11246, as amended, and
29 CFR part 30.
(5) Compliance with Copeland Act re-
quirements. The contractor shall com-
ply with the requirements of 29 CFR
part 3, which are incorporated by ref-
erence in this contract.
(6) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such
other clauses as the (write in the name
of the Federal agency) may by appro-
priate instructions require, and also a
clause requiring the subcontractors to
include these clauses in any lower tier
subcontracts. The prime contractor
shall be responsible for the compliance
by any subcontractor or lower tier sub-
contractor with all the contract
clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A
breach of the contract clauses in 29
CFR 5.5 may be grounds for termi-
nation of the contract, and for debar-
ment as a contractor and a subcon-
tractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts
1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards.
Disputes arising out of the labor stand-
ards provisions of this contract shall
not be subject to the general disputes
clause of this contract. Such disputes
shall be resolved in accordance with
the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of
this clause include disputes between
the contractor (or any of its sub-
contractors) and the contracting agen-
cy, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility. (i) By
entering into this contract, the con-
tractor certifies that neither it (nor he
or she) nor any person or firm who has
an interest in the contractor’s firm is a
person or firm ineligible to be awarded
Government contracts by virtue of sec-
tion 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be
subcontracted to any person or firm in-
eligible for award of a Government
contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false
statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety
Standards Act. The Agency Head shall
cause or require the contracting officer
to insert the following clauses set forth
in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in
an amount in excess of $100,000 and sub-
ject to the overtime provisions of the
Contract Work Hours and Safety
Standards Act. These clauses shall be
inserted in addition to the clauses re-
quired by § 5.5(a) or 4.6 of part 4 of this
title. As used in this paragraph, the
terms laborers and mechanics include
watchmen and guards.
(1) Overtime requirements. No con-
tractor or subcontractor contracting
for any part of the conract work which
may require or involve the employ-
ment of laborers or mechanics shall re-
quire or permit any such laborer or me-
chanic in any workweek in which he or
she is employed on such work to work
in excess of forty hours in such work-
week unless such laborer or mechanic
receives compensation at a rate not
less than one and one-half times the
basic rate of pay for all hours worked
in excess of forty hours in such work-
week.
(2) Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in
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121
Office of the Secretary of Labor § 5.5
paragraph (b)(1) of this section the con-
tractor and any subcontractor respon-
sible therefor shall be liable for the un-
paid wages. In addition, such con-
tractor and subcontractor shall be lia-
ble to the United States (in the case of
work done under contract for the Dis-
trict of Columbia or a territory, to
such District or to such territory), for
liquidated damages. Such liquidated
damages shall be computed with re-
spect to each individual laborer or me-
chanic, including watchmen and
guards, employed in violation of the
clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each
calendar day on which such individual
was required or permitted to work in
excess of the standard workweek of
forty hours without payment of the
overtime wages required by the clause
set forth in paragraph (b)(1) of this sec-
tion.
(3) Withholding for unpaid wages and
liquidated damages. The (write in the
name of the Federal agency or the loan
or grant recipient) shall upon its own
action or upon written request of an
authorized representative of the De-
partment of Labor withhold or cause to
be withheld, from any moneys payable
on account of work performed by the
contractor or subcontractor under any
such contract or any other Federal
contract with the same prime con-
tractor, or any other federally-assisted
contract subject to the Contract Work
Hours and Safety Standards Act, which
is held by the same prime contractor,
such sums as may be determined to be
necessary to satisfy any liabilities of
such contractor or subcontractor for
unpaid wages and liquidated damages
as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses set forth in para-
graph (b)(1) through (4) of this section
and also a clause requiring the sub-
contractors to include these clauses in
any lower tier subcontracts. The prime
contractor shall be responsible for
compliance by any subcontractor or
lower tier subcontractor with the
clauses set forth in paragraphs (b)(1)
through (4) of this section.
(c) In addition to the clauses con-
tained in paragraph (b), in any con-
tract subject only to the Contract
Work Hours and Safety Standards Act
and not to any of the other statutes
cited in § 5.1, the Agency Head shall
cause or require the contracting officer
to insert a clause requiring that the
contractor or subcontractor shall
maintain payrolls and basic payroll
records during the course of the work
and shall preserve them for a period of
three years from the completion of the
contract for all laborers and mechan-
ics, including guards and watchmen,
working on the contract. Such records
shall contain the name and address of
each such employee, social security
number, correct classifications, hourly
rates of wages paid, daily and weekly
number of hours worked, deductions
made, and actual wages paid. Further,
the Agency Head shall cause or require
the contracting officer to insert in any
such contract a clause providing that
the records to be maintained under this
paragraph shall be made available by
the contractor or subcontractor for in-
spection, copying, or transcription by
authorized representatives of the
(write the name of agency) and the De-
partment of Labor, and the contractor
or subcontractor will permit such rep-
resentatives to interview employees
during working hours on the job.
(The information collection, recordkeeping,
and reporting requirements contained in the
following paragraphs of this section were ap-
proved by the Office of Management and
Budget:
Paragraph OMB Con-
trol Number
(a)(1)(ii)(B) ......................................................... 1215–0140
(a)(1)(ii)(C) ......................................................... 1215–0140
(a)(1)(iv) ............................................................. 1215–0140
(a)(3)(i) ............................................................... 1215–0140,
1215–0017
(a)(3)(ii)(A) ......................................................... 1215–0149
(c) ....................................................................... 1215–0140,
1215–0017
[48 FR 19540, Apr. 29, 1983, as amended at 51
FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4,
1990; 57 FR 28776, June 26, 1992; 58 FR 58955,
Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR
69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]
EFFECTIVE DATE NOTE: At 58 FR 58955, Nov.
5, 1993, § 5.5 was amended by suspending para-
graph (a)(1)(ii) indefinitely.
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Exhibit H
Design-Builder’s Designated Representatives
Tyler Swatzwelder
Vice Presid
ent, DC Business Leader
Gilbane Building Company/Corenic A Joint Venture
1100 N. Glebe Road, Suite 1000
Arlington, VA 22201
Exhibit I
Department’s Designated Representatives and Contracting Officers
Eric Njonjo
Acting Chief Procurement Officer
Contracts an
d Procurement Division
Department of General Services
Department of General Services
3924 Minnesota Ave, NE, 5th Floor,
Washington, DC 20019
Peter Henry Lyonga
Contracting Officer
Contracting and Procurement Division
Department of General Services
3924 Minnesota Ave, NE, 5th Floor,
Washington, DC 20019
Exhibit J
Link to the Standard Contract Provisions (Construction and
Architectural/Engineering)
https://app.box.com/s/luagjc87zhxra5byar5o966b97kber0a
Exhibit K
Form of Lien Waiver
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
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DEPARTMENT OF GENERAL SERVICES
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Exhibit L
Form of GMP Amendment
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD AGREEMENT
DREW ELEMENTARY SCHOOL 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 Gilbane
Building Company/Corenic a Joint Venture , (the “Design -Builder”) pursuant to the
Agreement, dated ______________, between the Di strict of Columbia government, by and
through the Department and the Design- Builder, for design-build work at the DREW
ELEMENTARY SCHOOL MODERNIZATION and to establish a Guaranteed Maximum
Price and Contract Time for the Work as set forth below.
ARTICLE 1
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 Agreemen t, 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 De sign-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 Project Documents) to be exceeded sh all 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 comple te performance of the Work in strict
accordance with the Contract Project 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 Lump Sum General Conditions Cost, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.5 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 Project Documents li sted and attached to this Amendment and
marked Exhibits ____ through ____, as follows:
1.3.1 Exhibit ____: List of Drawings, Specifications, addenda and General,
Supplementary and other Conditions of the Agreement on which the Guaranteed
Maximum Price is based.
1.3.2 Exhibit ____: A list of Unit Prices and Allowance items as well as a statement
of their basis.
1.3.3 Exhibit ____: c) 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.
1.3.4 Exhibit ____: The proposed Guarantee d Maximum Price, including a statement
of the detailed cost estimate organized by trade categories, allowances,
contingency, and other items and the fee that comprise the Guaranteed
Maximum Price.
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, and without any change, to
the Substantial and Final Completion Dates unless approved by the
Department’s Contracting Officer
1.3.6 Exhibit ____: A subcontracting plan setting forth the names and estimated
dollar volume of the work that will be pe rformed by LSBDEs, as certified by
the Department of Small and Local Business Development, upon which the
GMP is based.
1.3.7 Exhibit ______: A summary of Capital Cost vs Operating Cost Eligibility.
1.3.8 Exhibit ______: A list of add itive alternates or deductive alternates with
defined executable dates, if any.
1.3.9 Exhibit ______: GMP and any Council Package cost estimate summary shall
be broken down into three categories as applicable: New Construction,
Renovation and Sitework.
1.3.10 Exhibit ______: Each GMP may include an agreed upon sum as the
Design-Builder’s Contingency and the Owner contingency Owner contingency,
each of which shall be identified as a separate line item in the GMP's Schedule
of Values.
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 design development Project Docu ments. The Design-Builder, however, has
been actively involved in the design process a nd hereby represents that it has a sufficient
understanding of the Project to agree to a Gu aranteed Maximum Price to Fully Complete the
Project. The Design-Builder hereby acknow ledges that the GMP Basis Project Documents
provides sufficient detail and information to provi de a firm Guaranteed Maximum Price and
that the Guaranteed Maximum Price proposed th erein 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 a nd Specifications as provided in this Agreement,
consistent with the Guaranteed Maximum Pr ice 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 design development Pro ject Documents. The GMP Basis Project
Documents will include various clarifications a nd assumptions that are intended to further
define the scope of Work that will be required to complete design. Th e Design-Builder has
included within the Guaranteed Maximum Pr ice sufficient amounts to cover aspects of the
Work that are not shown on the GMP Basis Project Documents. If the Department does not
approve any such scope increase, the Design-Builder shall cause the Design- Builder’s
Architect to develop a design that is consisten t 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 en titled 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 show n 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, hand ling, 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 Project
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 Draw ings shall not be construed to exclude other
items. The Contract Project Documents are co mplementary, and what is required by any one
of the Contract Project Documents (including either a Drawing or Specification) as being
necessary to produce the intended results shall be bi nding and required as a part of the Work
as if required by all Contract Project Documents.
Section 2.2 Design- Builder’s Compliance with Contract Project 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 Project
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 Project 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:
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 relinqu ishment of the Department's right thereafter to
require compliance with such provision of th is 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 th e 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 Project 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 Project 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, a nd 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 nece ssary 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 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 Project Documents, but which is r easonably inferable from the Contract Project
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-23-CS-RFP-0020) has caused it to be ex ecuted 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:
GILBANE BUILDING COMPANY/CORENIC A JOINT VENTURE
By:
Name:
Its:
Date:
Exhibit M - (Reserved)
Exhibit N
FF&E and Close-Out
The Design-Builder shall be responsible for FF&E as set forth in this
Exhibit: [TBD at
GMP Amendment]
Exhibit O
Subcontractor Perfo
rmance Evaluation Form
To be determined at GMP Amendment
Exhibit P
Equal Employment Opportunity Policy
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information. GILBANE BUILDING COMPANY + CORENIC | SMB
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
Tyler Swartzwelder, Vice President, Business Leader August 7, 2023
Gilbane Building Company
9
9
9
9
9
9
9
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information.DCAM-23-CS-RFP-0020 - Drew Elementary School
DC Department of General Services
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
Tyler Swartzwelder
Gilbane Building Company
Gilbane Building Company
Tyler Swartzwelder
Vice President, Business Leader
August 7, 2023
DCAM-23-CS-RFP-0020
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information. GILBANE BUILDING COMPANY + CORENIC | SMB
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
Gilbane Building Company
Gilbane, Inc.
1100 North Glebe Road Suite 1000
7 Jackson Walkway Providence US RI 02903
X
0 5 0 4 9 5 5 3 0
X
0 5 0 4 9 5 5 3 0
Arlington US VA 22201
Gilbane Building Company
7 Jackson Walkway Providence United States RI 02903
0 5 0 1 4 7 0 1 0
X X
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information.DCAM-23-CS-RFP-0020 - Drew Elementary School
DC Department of General Services
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE.
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 r eport 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 1. › All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
One 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 Address
This report (Type of print) (Number and street)
Title City and State Zip Code Telephone Number Extension
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information. GILBANE BUILDING COMPANY + CORENIC | SMB
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 $______________________________
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information.DCAM-23-CS-RFP-0020 - Drew Elementary School
DC Department of General Services
Projected Goals and Timetables for Future Hiring
Gilbane Building Companyhas a commitment to diversity and inclusion as a business imperative. It is the policy of
Gilbane Building Company, through Affirmative Action Programs, to meet commitments in the employment and
advancement in employment of minorities, women, and handicapped individuals in accordance with the Disabilities Act
of 1990. Policies, commitments, and procedures established in these programs are to be utilized when recruiting and
employing applicants.
SECTION 8 | Attachment R EEO Policy Statement
Confidential and proprietary information. GILBANE BUILDING COMPANY + CORENIC | SMB
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 OFFICIAL: TITLE: SIGNATURE:
FIRM NAME: TELEHONE NO: DATE:
INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL ISTITUTION”
_____ Yes _____ No
NAME:
ADDRESS:
TYPE OF ACCOUNT/S:
DCAM-23-CS-RFP-0020
Gilbane Building Company 240-457-0041 August 7, 2023
9
Tyler Swartzwelder Vice President, Business Leader
Exhibit Q
Living Wage Act 2025
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
THE LIVING WAGE ACT OF 2006
D.C. Code §§ 2-220.01 – 2-220.11
Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who
perform services under the contracts no less than the current living wage.
Effective January 1, 2025 until June 30, 2025, the Living Wage rate is $17.50 per hour.
Effective July 1, 2025, the District’s Minimum Wage and Living Wage rates will increase to
$18.00 per hour.
The requirement to pay a living wage applies to:
All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive
$15,000 or more from the funds received by the recipient from the District of Columbia, and
All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of
these recipients that receive $50,000 or more from the government assistance received by the
recipient from the District of Columbia.
“Contract” means a written agreement between a recipient and the District government.
“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit
from an agency, commission, instrumentality, or other entity of the District government.
“Affiliated employee” means any individual employed by a recipient who received compensation directly
from government assistance or a contract with the District of Columbia government, including employees of
the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs
services pursuant to government assistance or contract. The term “affiliated employee” does not include
those individuals who perform only intermittent or incidental services with respect to the contract or
government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.
Certain exemptions apply: 1) Contracts or agreements subject to wage determinations required by federal law
which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements,
provided that the future agreement results in employees being paid no less than the current living wage; 3)
contracts for electricity, telephone, water , sewer performed by regulated utilities; 4) contracts for services needed
immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to
recipients that provide trainees with services, including but not limited to case management and job readiness
services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a
school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or
retail establishments that occupy property constructed or improved by government assistance, provided there is no
receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more
than 50 individuals and qualify for 501(c)(3) status; 9) Medicaid provider agreements for direct care services to
Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for persons with intellectual disabilities as those terms are defined
in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of
1983; D.C. Code § 44-501; and 10) contracts or agreements between managed care organizations and the Health
Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and
workers who provide companionship services. Employers within this industry are now subject to recordkeeping
provisions.
Each recipient and subcontractor of a recipient shall provide this notice to each affiliated 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 year s.
To file a claim, visit: Department of Employment Services, Office of Wage-Hour, 4058 Minnesota Avenue, NE, Suite 3600,
Washington, D.C. 20019; call: (202) 671-1880; or file your claim on- line: does.dc.gov. Go to “File a Claim” tab.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES
MAYOR DIRECTOR
4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET
The Living Wage Act of 2006, D.C. Code §§ 2-220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (gra nts, 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 serv ices 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 hi gher wage level determinations required by federal
law (i.e., if a contract is subject to the Service Co ntract 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 agreemen ts, 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 immedi ately to prevent or respond to a disaster or imminent threat to
public health or safety declared by the Mayor;
5. Contracts or other agreements that provide trainees with additional services including, but not limited
to, case management and job readiness services, provided that the trainees do not replace employees
subject to the Living Wage Act;
6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as full-time
student, as defined by the respective institution, who is in high school or at an accredited institution of
higher education and who works less than 25 hours per week; provided that students not replace
employees subject to the Living Wage Act;
7. Tenants or retail establishments that occ upy 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 Licensure Act of 1983; D.C. Official
Code § 44-501; and
10. Contracts or other agreements between managed ca re 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 over time protections to home care workers
and workers who provide companionship services. Empl oyers 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 wage, 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 purpos es only as required by Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.
Exhibit R
Award Fee POOL
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
$ZDUG)HH'HWHUPLQDWLRQ7KH'HVLJQ%XLOGHUVKDOOEHHQWLWOHGWRWKH$W5LVN3RUWLRQDV
IROORZV
a) The Design-Builder shall be eligible to earn up to thirty-thre e percent (33%) 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 Evalua tion
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. DCPS Chief of Facilities, or their designee;
iii. DGS CCD representative; and
iv. DCPS Facilities representative.
Panelist shall not be an indi vidual 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 Evaluation
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 mo st, 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 aw ard fee. If the average score is less than 4,
then the average score shall be divided by four (4) and then multiplied by the award fee.
That shall be the amount of the award fee th at shall be given to the Design-Builder.
Example 1: The average score is 3.5 and th e 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:
L Main entrance to the building, both exterior and interior;
LL Playground, if included;
LLL Playing fields, if included;
LY Gymnasium;
Y Façade, not including windows;
YL Windows (exterior), including any framing;
YLL Public space that was part of the Design-Builder’s scope;
YLLL Cafeteria;
L[ Auditorium, if included;
[ Discovery Commons area(s);
[L Library;
[LL Level of completeness of punchlist;
[LLL Historic elements, if included;
[LY Plantings and landscaping;
[Y Interior finishes in hallways;
[YL Interior finishes in classrooms; and
[YLL 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.
b) If the Design-Builder achieves Substantial Completion of the Project on time the
Design-Builder shall be entitled to receive thirty-three percent (33%) 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 Fee Pool even if the failure to deliver
on-time was caused by DCPS, the Department, delays resulting from the permitting or
zoning process, or an event of Force Majeure.
c) 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 Budget, the earned portions of the Award Fee, the Base
Design-Build Fee and the Lump Sum Genera l Conditions Cost) is less than one hundred
three percent (103%) or the GMP as originally es tablished, the Design-Builder shall earn
thirty-four percent (34%) of the At-Risk P ortion (i.e. 10% of the Design-Build Fee).
Entitlement to this portion of th e Award Fee Pool shall be based on the final outcome of
the Project. For the avoidance of doubt, the Desi gn-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 DCPS, the Department, delays resulting from the permitting or zoning
process, or an event of Force Majeure.
Exhibit S
Link to the BIM Requirements
https://app.box.com/s/pd89u5ezb9o2tm3u3fexg0mtfwtghsdb
Exhibit T
Link to the DGS Turnover Manual
https://app.box.com/s/ec9mq8h5l4ksocohl7qxovbgeqpvq6gk
Exhibit U
Link to the Quality Control Master Program
https://app.box.com/s/s58xxte65rzwqy9r5xuijws1fnbvqb22
Exhibit V
First Source Employment Agreement and Revised Employment Plan
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
aK *
=
be
MURIEL BOWSER Dr. UNIQUE Morris-HUGHES
Mayor Director
October25,2023
ConcilliaMpofuContractSpecialist‘TheDepartmentofGeneralServices3924MinnesotaAvenue,NEWashington,DC20019
Re:FirstSourceEmploymentAgreement
DearMs.Yarrish,
EnclosedisyourcopyofthesignedFirstSourceEmploymentAgreementbetweentheD.C.Department
of EmploymentServices(DOES)andGilbaneBuildingCompanyDeveloper(1,GeneralContractor6
orSubcontractorCl.UnderthetermsoftheAgreement,youarerequiredtouseDOESasthefirstsourcetofillallnewjobscreatedasaresultofProject:DrewElementarySchoolModernization
YoumustregisterandpostyourjobvacanciestotheDepartmentofEmploymentServices’VirtualOne-Stop(VOS)atwww.denetworks.org,
Inaddition,youarerequiredtohavethefollowingpercentageofhoursworkedbyDistrictresidents:20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;and70%ofcommonlaborerhours.Further,DistrictresidentsregisteredinprogramsapprovedbytheDistrictofColumbiaApprenticeshipCouncilshallwork35%ofallapprenticeshiphoursworkedinconnectionwiththeProjector60%whereapplicable,
Reminder:AllGeneralContractorsmustinvitetheirsubcontractorsthataresubjecttotheFirstSourceEmploymentAgreementrequirements,tojointheprojectusingtheFirstSourceOnlineRegistration&ReportingSystem(FORRS),websitehttp:/firstsource.de.gov.Additionally,contractorsarerequiredtoreporthoursworkedpercentagesthroughoutthedurationofyourcontract.ContactthemonitorlistedbelowregardingLCPTrackersubmission.
Ifyouhaveanyquestionsorneedadditionalinformation,pleasecontactDeCarloWashington,
(202)698-5772,decarlo.washington@dc.gov
Sincerely,
DanielKingAssociateDirectorOfficeofFirstSourceCompliance
Enclosure
4058MinnesotaAve,N.E.*Suite5000+Washington,D.C.20019+Office:202.671.1900
xk x *
a aGOVERNMENTOFTHEDISTRICTOFCOLUMBIA— FIRSTSOURCEEMPLOYMENTAGREEMENTFOR ——‘CONSTRUCTIONPROJECTSONLY
GOVERNMENT-ASSISTEDPROJECT/CONTRACTINFORMATIONCONTRACT/SOLICITATIONNUMBER:DCAM-23-C5-RFP-0020DISTRICTCONTRACTINGAGENCY:DeparmentofGeneralServices,
CONTRACTING—_OFFICER:‘TELEPHONENUMBER:202-727-7198OSOSOSOSCSCSCS
TOTALCONTRACTAMOUNT:
JOUNT: $62,000,000
THISSECTIONTO BECOMPLETED BYTHE BENEFICIARYONLY:TOTALGOVERNMENTASSISTEDFUNDEDAMOUNT:$62,000,000 DATBoctober23,2023
CONTRACT COGRANTQLOAN OTAX ABATEMENTOR EXEMPTION0 LANDTRANSFERCLLANDDISPOSITIONANDDEVELOPMENTAGREEMENT0 TAXINCREMENTFINANCINGDANY ADDITIONALLEGISLATION,IFYES.
D.C.CODE#GENERAL CONTRACTORWILLMEETTHE HIRINGORHOURSWORKEDPERCENTAGESREQUIREMENTS FOR ENTIREPROJECT [] OR PER EACH SUBCONTRACTOR|s]
PROJECTNAME:_ DesignBuildServicesforDrewElementarySchoolModernization,PROJECTADDRESS:5600FadsStNECITY: _Washington STATE: DC ZIP CODE:_ 20019PROJECTSTARTDATE:_ october23,2023 PROJECTENDDATE:march 15,2028EMPLOYERSTARTDATE:,October23,2023 EMPLOYERENDDATE:waren15,2028asst 15,2028
EMPLOYERINFORMATIONEMPLOYERNAME: GilbaneBuildingCompany
EMPLOYERADDRESS: __1100NorthGlebeRoad,Suite1000city:Arlington STATE: _VA ZIP CODE: __22201
‘TELEPHONENUMBER: 240-457-0041__ FEDERALIDENTIFICATIONNO.;_05-0495530CONTACT PERSON:__TylerSwartzwelderTITLE:___BusinessLeaderE-MAIL:_TSwartzwelder@qilbanecocomTELEPHONE| NUMBER:—_ 240-457-0041,CERTIFIEDBUSINESSENTERPRISESCERTIFICATIONNUMBER: _N/A_D.C.APPRENTICESHIPCOUNCILREGISTRATIONNUMBER:_ WAAREYOUASUBCONTRACTOR[]vEs[qNOIFYES,NAMEOFPRIMECONTRACTOR:
ThisFirstSourceEmploymentAgreement(Agreement),inaccordancewithWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2-219.01=2,219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§ 2219.03and§ 32-1431)isarequiredagreementbetweentheDistrictofColumbiaDepartmentofEmploymentServices(DOES)andEMPLOYER.
EMPLOYER,whichincludestheBeneficiaryandallcontractorsandsubcontractors,isworkingonacontractorprojectthathasreceived:
_ D.C.Governmentassistancevaluedbetween$300,000and$5milliondollars,requiredtomakea
goodfaithefforttoensurethat51%ofallnewhiresare Districtresidents.(D.C.OfficialCode§ 2-
219€)(1)(A))
[1 DC.Governmentassistancevaluedat$5millionormore,requiredtohavethefollowingpercentageofhoursworkedineachclassificationbyDCresidents;20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;70%ofcommonlaborerhoursforalljobscreatedbytheProject.(D.C.OfficialCode§2-219.03(1A\(A))
Pagelof11 FiatSourceEmploymentAgreementRevisedFebrary15.2018
DOESisthefirstsourceforrecruitment,referral,andplacementofnewhiresoremployeesforalljobscreatedbytheGovernmentAssistedProjectorContract(Project).
‘ThePartiesagreetothetermsandconditionsoftheAgreementasfollows:
DEFINITIONS
‘ThefollowingdefinitionsshallgovernthetermsusedinthisAgreement.A
Apprenticemeansaworkerwhoisemployedtolearnanapprenticeableoccupationunderthetermsandconditionsofapprovedapprenticeshipstandards.
Beneficiarymeans:1,ThesignatorytoacontractexecutedbytheMayorwhichinvolvesanyDistrictofColumbiagovernmentfunds,orfundswhich,inaccordancewithafederalgrantorotherwise,theDistrictgovernmentadministersandwhichdetailsthenumberanddescriptionofalljobscreatedbya government-assistedProjectforwhichthebeneficiaryisrequiredtousetheFirstSourceRegister;
2.A recipientofa Districtgovernmenteconomicdevelopmentactioninchcontracts,grants,loans,taxabatements,landtransfersforredevelopment,ortaxincrementfinancingthatresultsinafinancialbenefitof$300,000ormorefromanagency,commission,instrumentality,orotherentityoftheDistrictgovernment,includingafinancialorbankinginstitutionwhichservesastherepositoryfor$1jonormoreofDistrictofColumbiafunds.
ContractingAgencymeansanyDistrictofColumbiaagencythatawardedagovernmentassistedProjecttotaling$300,000ormore.
Directlaborcostsmeansallcosts,includingwagesandbenefits,associatedwiththehiringandemploymentofpersonnelassignedtoaprocessinwhichpayrollexpensesaretraced{0theunitsofoutputandareincludedinthecostofgoodssold.
EMPLOYERmeansanyentityawardedagovernmentassistedProjecttotaling$300,000ormore,includingallindividualcontractorandsubcontractorentitiesatanytierwhoworkontheProject.
FirstSourceEmployerPortalisawebsiteconsistingofaconnectedgroupofstaticanddynamicwebpageswiththeabilityforEmployerstoenterdatausingtheinternet,ThewebsiteisaccessiblebyaUniformResourceLocator(URL)andismaintainedbyDOES.‘ThewebsiteprovidesreportinginformationtoFirstSourceEMPLOYERS.
FirstSourceRegistermeanstheDOESAutomatedApplicantFiles,whichconsistsofthenamesofDC residentsregisteredwithDOES.
GoodfaitheffortmeansanEMPLOYERhasexhaustedallreasonablemeanstocomplywithanyaffirmativeaction,hiring,orcontractualgoal(s)pursuanttotheFirstSourcelawandAgreement.
Government-assistedprojectorcontract(Project)meansanyconstructionornon-constructionProjectthatreceivesfundsorresources,valuedat$300,000ormore,fromtheDistrictofColumbia,orfundsorresourceswhich,inaccordancewithafederalgrantorotherwise,theDistrictofColumbiagovernmentadministers,includingcontracts,grants,loans,taxabatementsorexemptions,landtransfers,landdispositionanddevelopm‘agreements,taxincrementfinancing,oranycombinationoftheaforementioned.
Page2of11 PistSoureEmploymentAgreementRevisedFebrary15,2018
J. HardtoemploymeansaDistrictofColumbiaresidentwhoisconfirmedbyDOESas:
1.Anex-offenderwhohasbeenreleasedfromprisonwithinthelast10years;2.AparticipantoftheTemporaryAssistanceforNeedyFamiliesprogram;3A patticipantoftheSupplementalNutritionAssistanceProgram;4.LivingwithapermanentdisabilityverifiedbytheSocialSecurityAdministrationorDistrictvocationalrehabilitationprogram;‘Unemployedfor6monthsormoreinthelast12-monthperiodsHomeless;‘AparticipantorgraduateoftheTransitionalEmploymentProgramestablishedby§32-1331;or
8.An individualwhoqualifiedforinclusionintheWorkOpportunityTaxCreditProgramascertifiedbytheDepartmentofEmploymentServices,
K.Indirectlaborcostsmeansallcosts,includingwagesandbenefits,thatarepartofoperating.‘expensesandareassociatedwiththehiringandemploymentofpersonnelassignedtotasksotherthanproducingproducts.
L.Jobsmeansanyunionandnon-unionmanagerial,non-managerial,profession‘nonprofessional,technicalornontechnicalpositionincluding:clericalandsalesoccupations,serviceoccupations,processingoccupations,machinetradeoccupations,benchwork‘occupations,structuralworkoccupations,agricultural,fishery,forestry,andrelated‘occupations,andanyotheroccupationsastheDepartmentofEmploymentServicesmayidentifyintheDictionaryofOccupationalTitles,UnitedStatesDepartmentofLabor.
M.NewHire:Individual(s)newlyhiredbytheEMPLOYERtoperformworkonagovernmentassistedProject.
N.Transfer:ExistingEMPLOYERemployeewhohasbeenmovedfromoneProjecttoanotherProject.
©.Journeymanmeansaworkerwhohasattainedalevelofskill,abilitiesandcompetenciesrecognizedwi lustryashavingmasteredtheskillsandcompetenciesrequiredforthe‘occupation.
P.RevisedEmploymentPlanmeansadocumentpreparedandsubmittedbytheEMPLOYER.thatincludesthefollowing:
1.A projectionofthetotalnumberofhourstobeworkedontheProjectbytrade;
2.A projectionofthetotalnumberofjourneyworkerhours,bytrade,tobeworkedontheProjectandthetotalnumberofjourneyworkerhours,bytrade,tobeworkedby
DCresidents;
A projectionofthetotalnumberofapprenticehours,bytrade,tobeworkedontheProjectandthetotalnumberofapprenticehours,bytrade,tobeworkedbyDC
residents;
4.A projectionofthetotalnumberofskilledlaborerhours,bytrade,tobeworkedontheProjectandthetotalnumberofskilledlaborerhours,bytrade,tobeworkedbyDCresidents;
5.A projectionofthetotalnumberofcommonlaborerhourstobeworkedonthe
Page3of11 FlatSvurceEmploymentAgremen,RevisedFebmary13,2018
ProjectandthetotalnumberofcommonlaborerhourstobeworkedbyDCresidents;
6.A timetableoutliningthetotalhoursworkedbytradeoverthelifeoftheProjectandanassociatedhiringschedule;
7.Descriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions;
8A strategytofillthehoursrequiredtobeworkedbyDCresidentspursuanttothisParagraph,includinga componenton communicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,or othergovernment-approved,community-basedjobtrainingproviders;
9.A remediationstrategytoameliorateanyproblemsassociatedwithmeetingthesehiringrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors;
10.ThedesignationofaseniorofficialfromtheEMPLOYER(S)orgeneralcontractor‘whowillberesponsibleforimplementingthehiringandreportingrequirements;
11,DescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDCresidentsworkingontheProject;
12,A strategytoensurethatDistrictresidentswhoworkontheProjectreceiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDCresidentsfromoneProjecttothenext;
13,A strategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiapubliccharterschools,andcommunity-basedjobtrainingproviders,andhard-to-employresidents;and
14,A disclosureofpastcompliancewiththeWorkforceActandtheDavis-BaconAct,‘whereapplicable,andthebidderorofferor'sgeneralDCresidenthiringpracticesonprojectsorcontractscompletedwithinthelast2years.
Q TierSubcontractormeansanysubcontractorselectedbytheprimarycontractortoperformportion(s)orallworkrelatedtothetradeoroccupationarea(s)onaProjectsubjecttothisFirstSourceAgreement.
R,WashingtonMetropolitanStatisticalAreameanstheDistrictofColumbia;VirginiaCitiesofAlexandria,Fairfax,FallsChurch,Fredericksburg,Manassas,andManassasPark;theVirginiaCountiesofArlington,Clarke,Fairfax,Fauquier,Loudon,PrinceWilliam,Spotsylvania,Stafford,andWarren;theMarylandCountiesofCalvert,Charles,Frederick,MontgomeryandPrinceGeorges;andtheWestVirginiaCountyofJefferson.
S.WorkforceIntermediaryPilotProgrammeanstheintermediarybetweenemployersandtrainingproviderstoprovideemployerswithqualifiedDCresidentjobapplicants.SeeDCOfficialCode§2-219.04b,
Page4of11 FlnSouceBmpiymenAgreement,ReidFebruary1.2018
GENERALTERMS
Subjecttothetermsandconditionssetforthherein,DOESwillreceivetheAgreementfromtheContractingAgencynolessthan7calendardaysinadvanceoftheProjectstartdate.No‘workassociatedwiththerelevantProjectcanbeginuntiltheAgreementhasbeenacceptedbyDOES.
‘TheBeneficiaryand/orEMPLOYERshallrequireallProjectcontractorsandsubcontractors,underaProjectreceivinggovernmentassistanceorbenefitsvaluedat$300,000ormore,tocenterintoanAgreementwithDOES.
Agreementwilltakeaffectoncebeneficiary/EmployerawardedcontractandstartworkonthegovernmentassistedProjectandnoworkcanbeginpriortoexecutionoftheAgreementandwillbefullyeffectivethroughtheduration,anyextensionormodificationsoftheProjectanduntilsuchtimeasconstructioniscompleteandacertificateofoccupancyisissued.
IfanEMPLOYERbeganworkpriortotheexecutionofa FirstSourceEmployment‘Agreement,theEMPLOYERshallceaseworkontheProjectandsignaFirstSourceEmploymentAgreementtobeboundbytheapplicableFirstSourceEmploymentAgreementrequirements,retroactively,fromthestartofworkthroughoutthedurationofthecontract.
DOESwillproviderecruitment,referral,andplacementservicestotheEMPLOYER,subjecttothe limitationsinthisAgreement,
DOESandtheEMPLOYERagreethat,forpurposesofthisAgreement,newhiresandjobscreatedfortheProject(bothunionandnonunion)includeallofEMPLOYER'SjobopeningsandvacanciesintheWashingtonMetropolitanStatisticalAreacreatedfortheProjectasaresultofinternalpromotions,terminations,andexpansionsoftheEMPLOYER'Sworkforce,asaresultofthisProject.
‘ThisAgreementincludesapprenticesasdefinedinD.C.OfficialCode§§32-1401-1431.
DOESwillmakeeveryefforttoworkwithinthetermsofallcollectivebargainingagreementstowhichtheEMPLOYERisaparty.TheEMPLOYERwillprovideDOESwithwrittendocumentationthattheEMPLOYERhasprovidedtherepresentativeofanycollectivebargainingunitinvolvedwiththisProjectacopyofthisAgreementandhasrequested‘commentsorobjections.Iftherepresentativehasanycommentsorobjections,theEMPLOYERwillpromptlyprovidethemtoDOES.
TheEMPLOYERwhocontractswiththeDistrictofColumbiagovernmenttoperformconstruction,renovationwork,orinformationtechnologyworkwithasinglecontract,or‘cumulativecontracts,ofatleast$500,000,withina 12-monthperiodwillberequiredtoregisteranapprenticeshipprogramwiththeDistrictofColumbiaApprenticeshipCouncilasrequiredbyDCCode32-143
If,duringthetermofthisAgreement,theEMPLOYERshouldtransferpossessionofalloraportionofitsbusinessconcernsaffectedbythisAgreementtoanyotherpartybylease,sale,assignment,merger,orotherwisethisFirstSourceAgreementshallremaininfullforceandeffectandtransfereeshallremainsubjecttoallprovisionsherein.Inaddition,theEMPLOYERasaconditionoftransfershall:
1.NotifythepartytakingpossessionoftheexistenceofthisEMPLOYER'SFirst
SourceEmploymentAgreement.
2. NotifyDOESwithin7businessdaysofthetransfer.Thisnoticewillincludethe
Page5of11 FestSourceEmploymentgreomentRevisedFebruary15,2018
nameofthepartytakingpossessionandthenameandtelephoneofthatparty'srepresentative.
I.TheEMPLOYERandDOES maymutuallyagreetomodifythisAgreement.Any‘modificationshallbeinwriting,signedbytheEMPLOYERandDOESandattachedtotheoriginalAgreement,
J. TotheextentthatthisAgreementis inconflictwithanyfederallaborlawsorgovernmentalregulations,thefederallawsorregulationsshallprevail.
1. TRAINING
‘A.DOESandtheEMPLOYERmayagreetodevelopskillstrainingandon-the-jobtrainingprogramsasapprovedbyDOES;thetrainingspecificationsandcostforsuchtrainingwillbe‘mutuallyagreeduponbytheEMPLOYERandDOESandwillbesetforthinaseparateTrainingAgreement.
Iv. RECRUITMENT
‘A.TheEMPLOYERshallcompletetheattachedRevisedEmploymentPlanthatwillincludetheinformationoutlinedinSectionLP.
B. TheEMPLOYERshallregisterandpostalljobvacancieswiththeJobBankServicesofDOESatwww.denetworks.orgaminimumof10days.Shouldyouneedassistancepostingjobvacancies,pleasecontactJobBankServicesat(202)698-6001.
C. TheEMPLOYERshallnotifyDOESofallnewjobscreatedfortheProjectwithinatleast7businessdays(Monday-Friday)oftheEMPLOYERS’identification/creationofthenewjobs.TheNoticeofNewJobCreationshallincludethenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformed.Thismustbedonebeforeusinganyotherreferralsource.
D. JobopeningstobefilledbyinternalpromotionfromtheEMPLOYER'ScurrentworkforceshallbereportedtoDOES forplacementandreferral,ifthejobisnewlycreated.EMPLOYERshallprovideDOESaNoticeofNewJobCreationthatdetailssuchpromotionsinaccordancewithSectionTV.C.
E,TheEMPLOYERwillsubmittoDOES,priortocommencingworkontheProject,alistofCurrentEmployeesthatincludesthename,socialsecuritynumber,andresidencystatusofallcurrentemployees,includingapprentices,trainees,andlaid-offworkerswhowillbeemployed‘ontheProject.AllEMPLOYERinformationreviewedorgathered,includingsocialsecurity‘numbers,asaresultofDOES’monitoringandenforcementactivitieswillbeheldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
REFERRAL.
‘A.DOESwillscreenapplicantsthroughcarefullyplannedrecruitmentandtrainingeventsandprovidetheEMPLOYERwitha listofqualifiedapplicantsaccordingtothenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformedassuppliedbytheEMPLOYERinitsNoticeofNewJobCreationsetforthaboveinSectionIV.C.
Page6of11 intSourceEmploymentAgreementRevieFebruary15,2018
B.DOESwillnotifytheEMPLOYERofthenumberofapplicantsDOESwillrefer,priortotheanticipatedhiringdates.
PLACEMENT
‘A,EMPLOYERshallingoodfaith,usereasonableeffortstoselectitsnewhiresoremployeesfromamongthequalifiedapplicantsreferredbyDOES.AllhiringdecisionsaremadebytheEMPLOYER.
B. IntheeventthatDOESisunabletoreferqualifiedapplicantsmeetingtheEMPLOYER'Sestablishedqualifications,within7 businessdays(Monday- Friday)fromthedateofnotificationfromtheEMPLOYER,theEMPLOYERwillbefreetodirectlyfillremainingpositionsforwhichnoqualifiedapplicantshavebeenreferred.However,theEMPLOYERshallstillberequiredtomeettheFirstSourcehiringrequirementsorhoursworkedpercentagesforalljobscreatedbytheProject.
C. AftertheEMPLOYERhasselecteditsemployees,DOESisnotresponsiblefortheemployees’actionsandtheEMPLOYERherebyreleasesDOES,andtheGovernmentoftheDistrictofColumbia,theDistrictofColumbiaMunicipalCorporation,andtheofficersandemployeesoftheDistrictofColumbiafromanyliabilityforemployees’actions.
REPORTINGREQUIREMENTS
A. EMPLOYERwitha singlecontractvaluedat$300,000ormoreona Projectthatreceived
‘governmentassistancetotalingbetween$300,000and$5,000,000,aprovisionthatatleast51%ofthenewemployeeshiredtoworkontheProjectshallbeDistrictresidents.
B. EMPLOYERshallregisterintheFirstSourceOnlineRegistrationandReportingSystemforelectronicsubmissionofallmonthlyContractCompliancedata,weeklycertifiedpayrollsandanyotherdocumentsrequiredbyDOESforreportingandmonitoring.
C. EMPLOYERshallsubmittotheDepartmentofEmploymentServiceseachmonthfollowingthestartoftheProjectahiringcompliancereportfortheProjectthatincludesthe:‘Numberofnewjobopeningscreated/available;NumberofnewjobopeningslistedwithDOES,oranyotherDistrictAgency;NumberofDCresidentshiredfornewjobs;
NumberofemployeestransferredtotheProject;NumberofDCresidentstransferredtotheProject;Directorindirectlaborcostassociatedwiththeproject;. Eachemployee'sname,jobtitle,socialsecuritynumber,hiredate,residence,andreferralsource;and8. Workforcestatisticsthroughouttheentireprojecttenure.
Nowe
ene
D, EMPLOYER witha singlecontractvaluedat$300,000ormoreona Projectthatreceivedgovernmentassistancetotaling$5millionormoreshallmeetthefollowinghoursworkedpercentagesforlljobscreatedbytheProject:1.Atleast20%ofjourneyworkerhoursbytradeshallbeperformedbyDCresidents;2.Atleast60%ofapprenticehoursbytradeshallbeperformedbyDCresidents;3.Atleast51%oftheskilledlaborerhoursbytradeshallbeperformedbyDCresidents;and4,Atleast70%ofcommonlaborerhoursshallbeperformedbyDCresidents.
Page7of11 FiatSourceBmplommenAgremen,RevsedFebuary13.2018
E,EMPLOYERSshallprovidethefollowingcumulativestatistics,thatwillbeusedtocreate
themonthlyreport,byuploadingcertifiedpayrollsorpayrolldataintotheLCPtrackerreportingsystem:
‘NumberofjourneyworkerhoursworkedbyDC residentsbytrade;
Numberofhoursworkedbyalljourneyworkersbytrade;‘NumberofapprenticehoursworkedbyDCresidentsbytrade;
Numberofhoursworkedbyallapprenticesbytrade;
‘NumberofskilledlaborerworkerhoursworkedbyDC residentsbytrade;‘Numberofhoursworkedbyallskilledlaborersbytrade;NumberofcommonlaborerhoursworkedbyDCresidentsbytrade;and‘Numberofhoursworkedbyallcommonlaborersbytrade.
PI
AWAY
NS
F,EMPLOYERmay“doublecount”hoursforthe“hardtoemploy”upto15%oftotalhoursworkedbyDC Residents;however,acollectivebargainingagreementshallnotbeabasisforwaiverofthisrequirement,
G. ForconstructionProjectsthatarenotsubjecttoDavis-Baconlawinwhichcertifiedpayrollrecordsdonotexist,EMPLOYERshallsubmitmonthlydocumentsofworkersemployedontheProjecttoDOES,includingDC residentsandallemploymentclassificationsofhoursworked.
H.EMPLOYERmay alsoberequiredtoprovideverificationofhoursworkedorhiringpercentagesofDC residents,suchasinternalpayrollrecordsforconstructionProjectsthatarenotsubjecttoDavis-Bacon.
1.Monthly,EMPLOYERshallsubmitweeklycertifiedpayrollsfromallsubcontractorsatanytierworkingontheProjecttotheContractingAgency.EMPLOYERisalsorequiredtomakepayrollrecordsavailabletoDOESasapartofcompliancemonitoring,uponrequestatjobsites.
VII. FINALREPORTAND GOOD FAITHEFFORTS
‘A.WiththesubmissionofthefinalrequestforpaymentfromtheContractingAgency,theBeneficiaryand/orEMPLOYERshall:
1,ReporttoDOESitscompliancewiththehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProject,andreportthehoursthatDCresidentsworkedforeachtradeclassificationsineachareaoftheProject;or
2.SubmittoDOESarequestforawaiverofthehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProjectthatwillincludethefollowingdocumentation:‘a,DocumentationsupportingEMPLOYER'Sgoodfaithefforttocomply;b.ReferralsprovidedbyDOESandotherreferralsources;and¢. AdvertisementofjobopeningslistedwithDOESandotherreferralsources.
B.DOESmaywaiveorpartiallywaivethehiringorhoursworkedpercentagerequirementsforjobscreatedbytheProject,and/ortherequiredhoursofDC residentsforeachtradeclassifications,ifDOESfindsthattheBeneficiaryorEMPLOYER,includingitscontractorsorsubcontractors:
1,DOEScertifiedthatBeneficiaryorEmployerdemonstrated@goodfaithefforttocomply,assetforthinSectionVIII.C.;or
PageSof1] FiatSoeEmploymentAzreomenReedFebmary15,2018
2.IslocatedoutsidetheWashingtonMetropolitanStatisticalArea,andnoneofthecontractworkisperformedinsidetheWashingtonMetropolitanStatisticalArea;
3,Thebeneficiarypublishedeachjobopeningorpart-timeworkneededfor7calendardaysinaDistrictnewspaperofcity-widecirculation;and
4,TheDOEScertifiedthatthereareinsufficienteligibleapplicantsfromtheFirstSourceRegisterthatpossesstheskillsrequiredbythepositions,ortheeligibleapplicantsarenotavailableforpart-timeworkordonothaveameanstotraveltotheonsitejobs;or
5.Beneficiary/Employerenteredintoa specialworkforcedevelopmenttrainingorplacementarrangementwithDOESorwiththeDistrictofColumbiaWorkforceIntermediary.
C. DOESshallconsiderdocumentationofthefollowingwhenmakingadeterminationofa‘good-faithefforttocomply:
1.DOEShascertifiedthatthereareinsufficientnumberofDistrictresidentsinthelabormarketpossessingtheskillsrequiredbytheEMPLOYERforthepositionscreatedasaresultoftheProject.
2.WhethertheEMPLOYERpostedthejobsontheDOESjobwebsiteforaminimumof10calendardays;
3.WhethertheEMPLOYERadvertisedeachjobopeninginaDistrictnewspaperwithcity-widecirculationforaminimumof7calendardays;
4,WhethertheEMPLOYERadvertisedeachjobopeninginspecialinterestpublicationsandonspecialinterestmediaforaminimumof7calendardays;
5.WhethertheEMPLOYERhostedinformational/recruitingorhiringfairs;
6.WhethertheEMPLOYERcontactedchurches,unions,and/oradditionalWorkforceDevelopmentOrganizations;
7.WhethertheEMPLOYERinterviewedemployablecandidates;
8.WhethertheEMPLOYERcreatedorparticipatedinaworkforcedevelopmentrogramapprovedbyDOES;
9.WhethertheEMPLOYERcreatedorparticipatedina workforcedevelopment
rogramapprovedbytheDistrictofColumbiaWorkforceIntermediary;
10.WhethertheEMPLOYERsubstantiallycompliedwiththerelevantmonthlyreportingrequirementssetforthinthissection;
11,WhethertheEMPLOYERhassubmittedandsubstantiallycompliedwithitsmostrecentemploymentplanthathasbeenapprovedbyDOES;and
12,Anyadditionaldocumentedefforts
Page9of11 PistSoureEmploymentdpreenetReviedFbmary13.2018
Ix,
x.
MONITORING
‘A.DOES istheDistrictagencyauthorizedtomonitorandenforcetherequirementsofthe
WorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2219.01~ 2,219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03and§ 32-1431).Asa partofmonitoringandenforcement,DOESmayrequireandEMPLOYERshallgrantaccesstoProjectsites,employees,anddocuments.
B.EMPLOYER’SnoncompliancewiththeprovisionsofthisAgreementmayresultintheimpositionofpenalties.
C, AllEMPLOYERinformationreviewedorgathered,includingsocialsecuritynumbers,asaresultofDOES’monitoringandenforcementactivitieswillbe heldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
D. DOESshallmonitorallProjectsasauthorizedbylaw.DOESwill:
1,Reviewall contractcontrolstodetermineiftheBeneficiaryorEMPLOYER,includinganyContractorsor Subcontractors,aresubjecttotheWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011.
2. NotifystakeholdersandcompanyofficialsandestablishmeetingstoprovidetechnicalassistanceinvolvingtheFirstSourceProcess.
3. MakeregularconstructionsitevisitstodetermineifthePrimeorSubcontractors’workforceisinconcurrencewiththesubmittedAgreementandMonthlyComplianceReports.
4, Inspectandcopycertifiedpayroll,personnelrecordsandanyotherrecordsorinformationnecessarytoensuretherequiredworkforceutilizationisincompliancewiththeFirstSourceLaw.
5.ConductdeskreviewsofMonthlyComplianceReports.
6. Educate EMPLOYERS about additionalservicesofferedby DOES, such as On-the-
JobtrainingprogramsandtaxincentivesforEMPLOYERSwhohirefromcertaincategories.
7. Monitorandcompletestatisticalreportsthatidentifytheoverallproject,contractor,andsubcontractors’hiringorhoursworkedpercentages.
8. Provideformalnotificationofnon-compliancewiththerequiredhiringorhoursworkedpercentages,oranyallegedbreachoftheFirstSourceLawtoallcontractingagencies,andstakeholders.(Pleasenote:EMPLOYERSaregranted30daystocorrectanyallegeddeficienciesstatedinthenotification.)
PENALTIES
A. Willful Breach of the Agreement by the EMPLOYER, failureto submit the contract
compliancereports,deliberatesubmissionoffalsifieddatamayresultinDOESimposingafineof5%ofthetotalamountofthedirectandindirectlaborcostsoftheProject,inadditiontootherpenaltiesprovidedbylaw.FailuretomeettherequiredhiringrequirementsorfailuretoreceivegoodfaithwaivermayresultintheDepartmentofEmploymentServices
Page10of11 MistSourceEmploymentAgreementRevisedFebrary18,2018
imposingapenaltyequalto1/8of1%ofthetotalamountofthedirectandindirectlaborcostsoftheProjectforeachpercentagebywhichthebeneficiaryfailstomeetthehiringrequirements.
B.EMPLOYERSwhohavebeenfoundinviolation2timesormoreovera10yearperiodmaybedebarredand/ordeemedineligibleforconsiderationforProjectsforaperiodof5 years.
C.Within90daysofa Determinationofa Penalty,theBeneficiaryorEmployermayappealtheviolationsorfinesbyfilingacomplaintwiththeContractAppealsBoardinaccordancewithD.C.Code§2-360.03and§2-360.04.
TherebycertifythatIhavetheauthoritytobindtheEMPLOYERtothisAgreementfromthestartofworkontheProject,throughoutthedurationoftheProject,andagreetoalltermsandconditionsherein.
By:
TylerSwartzwelder
EMPLOYERSeniorOfficial(Print)
BZEMPLOYERSeniorO}
icial(Signature)
GilbaneBuildingCompany
‘Nameof Company
1100NorthGlebeRd.Suite1000
Arlington,VA22201
Address
240-457-0041
Telephone
TSwartzwelder@qilbaneco.com
Email
SA fe _CrapokSignatureDepartmentofEmploymentServic
Page11of11
August7,2023Date
10-2S.2o27
Date
intSourceEmploymentdgrooenRevitFobra15,2018
* kk
—— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
+
*
*
L REVISED FIRSTSOURCE EMPLOYMENT PLAN
GOVERNMENT-ASSISTEDPROJECT/CONTRACTINFORMATION DISTRICTCONTRACTINGAGENCY: DC DepartmentofGeneralServicesCONTRACTINGOFFICER:PetrStogomeTELEPHONENUMBER:TOTAL CONTRACT AMOUNT: s22ss0o
EMPLOYERCONTRACTAMOUNT: #000 ——PROJECTNAME: _orewcienentarySchoolModernizationPROJECT ADDRESS: _s600ads st_Nw
CITY:ween STATE:_ZIPCODE: _oiscrictofColuabia,20019
PROJECTDESCRIPTIONOFWORK:sotenetntestingste
2023 PROJECTENDDATE: arch15,2028
EMPLOYERSTARTDAT] 23,2023EMPLOYEREND DA’
EMPLOYERINFORMATIONEMPLOYERNAME:__ GilbaneBuildingCompany
COMPANY NAME: teretérsconcen
EMPLOYERADDRESS:1100w.GlebeRoad,suite1000CITY:_artington STATE:Virginia ZIPCODE:_ 22002
TELEPHONENUMBE) FEDERALIDENTIFICATIONNO.
CONTACT PERSON: A=Rrowos
‘TITLE:seniorProjectManager
E-MAIL;srorensaatenencon ‘TELEPHONENUMBER:EMPLOYERDESCRIPTIONOFWORK:28sec
GENERALCONTRACTORWILL MEET THE HIRINGOR HOURSWORKED PERCENTAGESREQUIREMENTSFORENTIREPROJECT[] ORPEREACHSUBCONTRACTORfu]
A. EMPLOYMENT HIRING PROJECTIONS.
ALLEMPLOYERS:
PleaseindicateALL new position(s)you willcreateasa resultofthe project.Ifyou WILL NOT
becreatinganynewemploymentopportunities,pleasecompletetheattachedjustificationsheetwithanexplanation.Attachadditionalsheetsasneeded.
#OFJOBS ‘UNIONMEMBERSHIPREQUIRED |PROJECTED.
F/T P/T NAME LOCAL# HIREDATE
REVISEDEMPLOYMENT PLAN
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
+
*
*
B, JUSTIFICATIONSHEET:Pleaseprovideadetailedexplanationofwhy theEmployerwillnot
haveanynewhiresontheproject.
GilbaneBuildingCompanyistheDesign-Builderfortheprojectandisfullystaffedtomanagetheproject.
ThispagetobecompletedbyEmployer
aR
EmployerInitials
C, EMPLOYMENT PROJECTIONS.
— —= GOVERNMENTOFTHEDISTRICTOFCOLUMBIA =
REVISED EMPLOYMENT PLAN
L ingthe51%HiringofDistrictResidentoverthelifeoftheprojectorcontractand an associatedhiringschedule.
N._Providedescriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions.
ll, Providea strategytofillthe51%hiringofDistrictresidentsrequirement,includingacomponentoncommunicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,orothergovernment-approved,community-basedjobtrainingproviders.
ThispagetobecompletedbyEmployer
—= GOVERNMENTOFTHEDISTRICTOFCOLUMBIA =
REVISED EMPLOYMENT PLAN
C.EMPLOYMENT PROJECTIONS (Continued)
vi
vi.
‘Thisstrategyshouldincludearemediationstrategytoameliorateanyproblemsassociatedwithmeetingthese51%HiringofDistrictResidentrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors.
Thedesignationofa seniorofficialfromtheEmployerwhowillberesponsibleforimplementingthehiringandreportingrequirements.
Providedescriptionsof the healthand retirementbenefitsthatwillbe providedto District
residentsworkingontheprojectorcontract.
Providea strategytoensurethatDistrictresidentswho work on theprojector contract
receiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDistrictresidentsfromoneprojectorcontracttothenext.
aR‘ThispagetobecompletedbyEmployer EmployerInitials
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a— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
D. EMPLOYMENT PROJECTIONS (continued)
Vill,ProvideastrategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiaPublicCharterSchools,community-basedjobtrainingproviders,andhard-to-employresidents.
1X. PleasedisclosepastcompliancewiththeFirstSourceEmploymentAgreementActof1984ortheWorkforceIntermediaryEstablishmentandReformofFirstSourceAmendmentActof2011andtheDavis-BaconAct,whereapplicable,andthebidderorofferor'sgeneralDistrict-residenthiringpracticesonprojectsorcontractscompletedwithinthelasttwo(2)years.
X. PleasenotethatEMPLOYERSwithconstructionprojectsmustmakepayrollrecordsavailableuponrequestatjobsitestothecontractingDistrictofColumbiaagency.
ThispagetobecompletedbyEmployer
— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA ee
REVISED EMPLOYMENT PLAN
CURRENT EMPLOYEES:Pleaselistthenames,residencystatusandwardinformationofallcurrentemployees,includingapprentices,trainees,andtransfersfromotherprojects,whowillbeemployedontheProject.Attachadditionalsheetsasneeded.
‘NAMEOFEMPLOYEE ‘CURRENTDISTRICTRESIDENT‘PleaseCheck
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Exhibit W
Concept Design, Schematic Design, Design Development Milestone Requirements
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
Concept Design, Schematic Design, Design Development Milestone Requirements
Concept Design Deliverables. 7he Design-Builder shall be required to deliver the
following as part of the Concept Design submission to the Department:
CONCEPT DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Historic resources survey and Historic Planning Office coordination for Archeology
Requirements.
A minimum of three (3) conceptual floor plans and site plans incorporating the
requirements of the Educational Specifica tions and site plan showing proposed
location of any building additions.
Hazardous materials survey of affected spaces. It is understood that the Design-
Builder and/or its design component shall be required to engage the services of
industrial hygienist that is acceptable to the Department to perform such survey.
Education specifications update and verifi cation; and an overall Plan-to-Program
comparison.
Summary of agency review meetings as needed, including but not limited to: Office
of Planning (“OP”), Commission of Fine Arts (“CFA”), Historic Preservation Office
(“HPO”), and National Capital Planning Commission (“NCPC”) , Department of
Energy and Environment (DOEE) District Department of Transportation,
Department of Buildings
Zoning Analysis.
Cost Estimate for each concept option with Subcontractor input on major trades.
Value Engineering analysis and detailed re commendation for Project savings (even
if the Project is not over budget).
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building and a preliminary energy model.
Quality Control Plan. Initial plan, at a minimum, should include introduction to the
design-build team along with org. chart showing hierarchal arrangement and
duties/responsibilities, a focus on the design phase QC efforts detailing ongoing,
regular inter disciplinary coordination, and affirmation of DGS QC Master Program.
Existing conditions civil survey.
Floodproofing Approach Narrative
Schematic Design Deliverables. 7he Design-Builder shall be required to undertake the
following tasks during this phase:
a. Further develop plans and incorporate design changes.
b. Prepare necessary presentation materials (renderings) to communicate design and obtain
approval of design direction.
c. Participate in meetings with DCPS Staff.
d. Conduct DOEE, DOB, DDOT and DC Water Preliminary Design Review meetings as
needed.
e. Engage in no fewer than three (3) community feedback sessions during this phase.
f. Coordination and of identification of Public Art locations that will be constructed and
installed as part of the construction phases.
g. Continued coordination with Public Utility Companies: PEPCO and Washington Gas, as
well as Verizon, should be conducted this shall include submitted load letters for new or
upgraded services.
h. Continued coordination with HPO and CFA.
i. Report and schedule the process for obtaining any zoning approvals, if necessary.
j. Identification of long lead materials and creation of bid packages to allow early release of
materials if required by the Project Schedule.
k. The schematic design submittal shall generally follow the deliverables:
The Design Builder shall be required to delive r the following as part of the Schematic Design
submission to the Department:
SCHEMATIC DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Digital site and floor plans (including adjacencies, room locations, site planning,
stormwater management);
Preliminary building elevations and sections;
Preliminary selection of building materials;
Conceptual renderings produced for approval of design direction;
Plan-to-Program comparison;
Preliminary LEED Scorecards (if required);
Design narrative;
A preliminary description of proposed building system upgrades (i.e. HVAC, roofs,
windows, kitchen equipment, low voltage/IT/AV etc.). With regard to any proposed
building system upgrade, the package shall include a narrative description of the
proposed system and an estimated line item cost;
Cost estimate with Subcontractor input on major trades;
Project savings (even if the project is not over budget);
Preliminary furniture design;
3D rendering images as needed, include (4) four at a minimum;
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building and an energy model evaluation;
Quality Control Plan. Expanded plan reflecting design decisions that have been made
and establishing of document control, change tracking and management procedures.
Include summary of potential public space improvements per DDOT public space
standards or as needed for each concept.
Summary of agency review meetings as needed, including but not limited to: Office of
Planning (“OP”), Commission of Fine Arts (“CFA”), Historic Preservation Office
(“HPO”), and National Capital Planning Commission (“NCPC”), Department of
Energy and Environment (DOEE) District Department of Transportation, Department
of Buildings
Updated Floodproofing Approach Narrative
Design Development Deliverables. 7he Design-Builder shall be required to undertake the
following tasks during this phase:
a. Detailed and dimensioned plans, wall sections, building section, and schedules;
b. Draft specifications for materials, systems, equipment;
c. Complete code compliance analysis and drawing;
d. Space-by-space equipment layouts for key sp aces. As part of the design development
phase, the Design-Builder and/or the Design-Builder’s architect and any design consultants
shall confer with representatives from DCPS and the Department regarding these layouts
to confirm that they are acceptable to DCPS;
e. A final lay-out for FF&E;
f. An interior finishes schedule;
g. Preliminary designs for all building system upgrades, including low voltage/AV/IT. With
regard to HVAC systems, the submission s hould include: (i) a detailed description of the
proposed mechanical systems; (ii) their general layout, including ‘Single-Line Diagrams’
(aka ‘Riser Diagrams’); and (iii) any required load calculations. The HVAC design solution
would also include preliminary layouts of ot her major components of the HVAC system,
including the type and location of energy re covery units (ERUs), variable air volume
(“VAV”) boxes, condensing units, and any related system appurtenances;
h. Updated LEED scorecard;
i. Present the design to CFA,OP, HPO, and other regulatory agencies as required;
j. Register the project with the U.S. Green Building Council (“USGBC”) to obtain LEED
certification and pay all registration fees;
k. Register the Project with ILFI or U.S. Green Buildings for Net Zero Certification
l. Register the Project with International Well Building Institute (“IWBI”) for WELL Gold
Certification
m. Participate in SIT Meetings, and community meetings as required by DGS/DCPS;
n. Coordinate with the DC HPO and other agencies, commissions, groups, etc. as required to
assess and determine historic and/or archeol ogical significance and requirements. Attend
meetings and hearings if necessary;
o. Respond in writing to all DCPS comments on plans;
p. Prepare a presentation and provide a minimum of three (3) presentation boards for each
community meeting and present/display onsite. Presentation boards shall be in full color
and include at least four (4) 3-D renderings; Presentations shall also include a digital slide
presentation;
q. Coordinate final utility plans as required;
r. Act as scribe for all design-related meetings. Distribute meeting minutes to all attendees;
s. Baseline Schedule bi-weekly update in the format set forth in the RFP; and
t. Prepare and submit one (1) electronic c opy in PDF of Design Development Documents
including detailed specifications, Cost Estimate and schedule to the District staff for review
and approval (60% plan review). Components to include, but are not limited to:
The Design Builder shall be required to delive r the following as part of the Schematic Design
submission to the Department:
DESIGN DEVELOPMNET DELIVERABLES: Use this checklist as a
coversheet for the submission from the Design-Builder
Site plans, paving layouts, traffic circulation, lighting, signage and utilities
Floor plans, Structural, Civil, Architectural, MEP, Fire Protection and landscaping
Exterior elevations, rendering and color palette
Building sections and façade details
Interior elevations, casework and millwork elevations as required
Playground equipment, if applicable
Stormwater management
Food service or other equipment as required
LEED Information as appropriate
Final Draft of the “Percent for Art” Public Art Package to be used as the scope for
the Artists’ RFP
Cost Estimate
Value Engineering Analysis and Detailed Recommendation for project savings (even
if the Project is not over budget)
Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building.
Quality Control Plan. Plan should be customized to the project and meet the
requirements stipulated in Section 2.8. Project specific information must be
included to produce testing & inspection log, definable features of work [DFOW]
tracker, mock-up and submittal schedules. Appendices should include
forms/templates proposed for use [ex. wall-ceiling close-in] by GC to ensure
conforming construction.
Maintenance and Operations Plan
Submittal Registry
Final design and specifications, with minimum of two options for basis-of-design
for each, of the FF&E for GMP pricing
Calculation of embodied carbon emitted from the production, transportation, and
installation of main structural materials including concrete, masonry, and structural
steel
As part of the Design Development submission the Design-Builder shall submit a Maintenance
and Operations Plan, which, at a minimum, shall include the following:
i. Standard Operating Procedures (SOP) for all building systems, including, but not limited
to, electrical, mechanical, roof, green roof, geothermal, solar, plumbing, security, outdoor
fields, irrigation, landscaping and lighting;
ii. List of equipment that must be kept on-site to maintain all building systems;
iii. List of chemicals that must be kept on-site to maintain all building systems, including
storage requirements;
iv. Certifications and licenses either required or recommended to maintain all building
systems;
v. Confined space procedures and personal protective equipment that must be used;
vi. Permits and regular inspections that are required to operate the equipment;
vii. List of hardware, software and software licenses that must be purchased and maintained;
viii. Recurring trainings on building systems a nd safety that are necessary to maintain the
building; and
ix. The estimated initial and monthly costs for the successful maintenance and operations of
the facility.
Exhibit X
Campaign Finance Reform Amendment Act, Contractor Self-Certification Form
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
DCAM-25-CS-RFP-0002 - Seaton Elementary School Modernization
DC Department of General Services
Confidential and proprietary information.
Section L | Campaign Finance Reform Act
ϙϙϙϙϙ«͏͏͓ϯ͏͘ϟ͐͑ϟ͑͏͓͑
CONTRACTOR SELF-CERTIFICATION
Business Name* : Tax ID * :
Business Mailing Address * :
Select State/Region:_________________ Postal 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:
*LOEDQH%XLOGLQJ&RPSDQ\ | Corenic a JV
1*OHEH5RDG6XLWH
9$
9LFH3UHVLGHQW'&%XVLQHVV/HDGHU
7\OHU6ZDUW]ZHOGHU
WVZDUW]ZHOGHU#JLOEDQHFRFRP
Confidential and proprietary information.
Section L | Campaign Finance Reform Act
Gilbane Building Company/Corenic | StudioMB
ϙϙϙϙϙ«͏͏͓ϯ͏͘ϟ͐͑ϟ͑͏͓͑
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 the 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) 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
affiliated with a Council member? [yes/no]
If yes, provide the following information (for each contribution):
Date of contribution:
Amount of contribution:
Recipient of contribution:
Did the business entity hold any District contracts at the time the contribution was made or within one (1) year
prior to the date the contribution was made? If yes, please provide the award date and duration of the contract(s).
Prior to the date of this Certification, has the business entity been determined to be in violation of D.C. Official
Code § 1-1163.34a? [yes/no]
If yes, please explain including any resolution.
Is the business entity currently in violation of D.C. Official Code § 1-1163.34a? [yes/no]
If yes, please explain including any resolution.
Does the business entity certify that it will not be in violation of D.C. Official Code § 1-1163.34a? [yes/no]
“Principal” – any senior officer of a business entity, 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. Brunson Cooper, President & CEO - Corenic
Tyler Swartzwelder, DC Business Leader - Gilbane Building Company
DCAM-25-CS-RFP-0002 - Seaton Elementary School Modernization
DC Department of General Services
Confidential and proprietary information.
Section L | Campaign Finance Reform Act
V004/09.12.2024
Who else will modify this certification for the business?
Modifier 1:
Modifier 2:
Check to certify that the information is accurate and complete. *
Check to acknowledge that the business must always keep these records updated*
Check to certify that the business entity currently is not and will not be in violation of the
Campaign Finance Reform Amendment Act of 2018 *
On behalf of the Contractor:
________________________ ___________________________
Name & Signature
Sworn to this before me this__ _day of _________________20___
Date
________________________ ______________________________
Notary public My Commission Expires
CCC
;
;
;
7\OHU6ZDUW]ZHOGHU
9LFH3UHVLGHQW'&%XVLQHVV/HDGHU -DQXDU\
23rd January 25
02/01/2026
________________ _________________________________________ _____ _______
Derek DiPiazza
Exhibit Y
Schedule of Values
[EXHIBIT WILL APPAER ON THE FOLLOWING PAGE]
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