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MURIELBOWSERMayor
June 11,2025
Honorable PhilMendelson
Chairman
Councilof theDistrictof Columbia
John A. Wilson Building
1350 PennsylvaniaAvenue, NW, Suite504
Washington,DC 20004
Dear Chairman Mendelson:
Pursuantto section451 of the Districtof Columbia Home Rule Act (D.C. OfficialCode § 1-
204.51)and section202of the ProcurementPracticesReform Actof 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncilof theDistrictof Columbia is
ContractNo. DCAM-22-CS-RFP-0007 with Chiaramonte ConstructionCompany, in theamount
of $1,176,250(includingan existinglettercontractamountof $182,288).
Underthecontract,ChiaramonteConstructionCompanywillprovidedesign-buildservicesfor
AmericanswithDisabilitiesAct(“ADA”)improvementsatthefollowingthreelocations:
. TrinidadRecreationCenter,locatedat 1310 ChildressStreet,NW, Washington,DC 20002
. Bald Eagle Community Center,locatedat 100 JolietStreet,NW, Washington,DC 20032
. FortStantonRecreationCenter,locatedat 1812 ErieStreet,SE, Washington,DC 20020
Theprogramming,design,construction,modification,revitalization,andrenovationswillincludeoverallprojectlandscaping,sitefurnishings,amenities,signage,hardscaping,andallotherimprovementstocomplywiththeADA. Thesubstantialcompletiondatefortheprojectis
December31,2025.
Ifyouhaveanyquestionsregardingthiscontract,pleasecontactDelanoHunter,Director,DepartmentofGeneralServices(“DGS”),orhaveyourstaffcontactEricNjonjo,ActingChief
ProcurementOfficer,DGS,at(202)727-2800.
I look forwardtotheCouncil'sfavorableconsiderationof thiscontract.
Sincerely,
M ‘ielBQwser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
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Pursuant to Section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following Contract summary is provided:
COUNCIL CONTRACT SUMMARY
Contract
Proposed Contract for Guaranteed Maximum Price (“GMP”) to Design-Build Services
for 3 DPR Facilities ADA Upgrades (DPR Package #3)
(A) Contract Number: DCAM-22-CS-RFP-0007
Proposed Contractor: Chiaramonte Construction Company
Contractor’s Principals: Frank Chiaramonte
President
Letter Contract: $182,288.00
Total Proposed Contract Amount: $1,176,250.00
Unit and Method of Compensation: Progress payments on a monthly basis
Term of Contract: May 16, 2023 (date of execution of the Letter
Contract) through April 30, 2026 (Administrative
Term Date) with a Substantial Completion Date of
December 31, 2025, and Final Completion Date of
March 2, 2026.
Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum
Price (“GMP”)
Source Selection Method: Competitive Request for Proposals (“RFP”)
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Not applicable.
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(C) The date on which the letter contract or emergency contract was executed:
A letter contract with the Contractor was executed by the Department of General Services (the
“Department” or “DGS”) on May 16, 2023 (the “Letter Contract”).
(D) The number of times the letter contract or emergency contract has been extended:
The Letter Contract has been modified six (6) times. Modification No. 6 to the Letter Contract
extended the duration of the Letter Contract to July 30, 2025.
(E) The value of the goods and services provided to date under the letter contract or emergency
contract, including under each extension of the letter contract or emergency contract:
The total value of the services provided to date under the Letter Contract is $182,288.00, which
represents the NTE Amount established by the Letter Contract.
(F) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
If approved, the Contract will authorize Chiaramonte Construction Company (the “Contractor” or
“Design-Builder”) to provide Design-Build services for the design and construction of
improvements of three Department of Parks and Recreation (“DPR”) facilities for Americans with
Disabilities Act (“ADA”) compliance (the “Project”). The Design -Builder will be required to
program, fully design, modify, construct, and renovate the existing buildings for ADA compliance
at the following three locations:
• Trinidad Recreation Center at 1310 Childress Street, NW, Washington, DC 20002
• Bald Eagle Community Center at 100 Joliet Street, NW, Washington, DC 20032
• Fort Stanton Recreation Center at 1812 Erie Street, SE, Washington, DC 20020
The programming, design, construction, modification, revitalization, and renovations will
include overall project landscaping, site furnishings, amenities, signage, hardscaping, and all
improvements to comply with the ADA. The Project will include work sufficient for the
development of a new program, design, and ADA-compliant facilities. The Project must achieve
substantial completion by December 31, 2025.
The proposed Contract will establish the Guaranteed Maximum Price (“GMP”) of $1,176,250.00
inclusive of the initial NTE amount of $182,288.00 under the Letter Contract.
As the proposed amount of the Contract exceeds $1 million, Council approval is required for this
contract action.
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(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 November 18, 2022, the Department posted RFP No. DCAM-22-CS-RFP-0007- Design-Build
Services for 3 DPR Facilities ADA Upgrades (DPR Package #3) to engage a contractor to provide
design-build services for the Project on the Department’s website.
One Addendum was issued to this RFP.
Addendum No. 1- Issued on January 3, 2022:
- Provided Questions and Answers about the RFP.
- Extended the proposal submission due date to January 5, 2023, at 2:00 P.M.
- Provided the list of site visit participants.
Proposal Submissions:
On the Proposals’ due date, January 5, 2023, eight (8) firms (collectively, the “Offerors” and each
individually, an "Offeror") submitted Proposals in a timely manner.
Technical Evaluations Process:
Each Offeror’s technical proposal was independently evaluated by a Technical Evaluation Panel
(“TEP” or “Panel”). A kick-off meeting was held and established a schedule for the evaluation of
proposals and discussed in detail the roles and responsibilities of the TEP. In addition, each TEP
member completed the required Disclosure Agreement and Confidentiality Agreement. Prior to
convening the evaluation meeting, each member of the Panel individually completed an
evaluation of the proposals.
Consensus Meeting:
After the Panel members had completed their individual evaluations of the proposals, the Panel
met virtually on March 22, 2023, to develop the consensus technical score for each Offeror.
Contracting Officer’s Independent Evaluation:
The Department’s Contracting Officer carefully reviewed each of the proposals and independently
rated each Offeror. He further carefully reviewed the evaluation process followed by the Panel,
their notes and scoresheets, and their final consensus technical evaluation and concluded that the
Panel’s technical evaluations of the proposed Offerors were proper and reasonable.
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.
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Determination of a Fair and a Reasonable Price:
When the total points for all of the three components (technical, price, and CBE preference) were
combined, the Contractor was the highest ranked Offeror. The Contracting Officer examined the
fee/price proposal submitted by the Contractor and determined that the overall proposed fees/price
submitted by the Contractor is within the I ndependent Government Estimate and is fair and
reasonable and accordingly a mutually satisfactory Contract was successfully concluded with the
Contractor.
Contract Award:
On May 16, 2023, the Department awarded Letter Contract No. DCAM-22-CS-RFP-0007 to the
Contractor as such award was determined to be most advantageous to the District.
(H) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
The award of the Contract was not protested.
(I) The description of any other contracts the proposed contractor is currently seeking or holds
with the District:
Ongoing Projects:
• DCAM-21-CS-RFP-0015 - Anacostia Recreation Center
• DCAM-22-CS-RFP-0005 - ADA Upgrades Package #1- 4 DPR Facility
• DCAM-20-CS-RFQ-0001 - DB/ Hill East Campus Redevelopment
• DCAM-22-CS-RFP-0007 - ADA Upgrade Package #3 -3 DPR Facility
• DCAM-22-CS-RFP-0006 - ADA Upgrade Package #2 -4 DPR Facility
• DCAM-20-CS-RFQ-0001 - Davis ES HVAC Upgrades
• DCAM-22-CS-RFP- 0022 - Jefferson Turf Field
• DCAM-22-CS-RFP- 0026 - PSCC Building Major Reno
• DCAM-22-CS-RFQ-0001 - HD Cooke ES Playgrounds Replacement
• DCAM-20-CS- RFQ-0001 - DB Volta Park Baseball Field Renovation
Bids submitted:
• DCAM-22-CS-RFQ-0001 - Rolark Shelter Flooring Project
• DCAM-22-RFQ-0001 - Roosevelt HS HVAC Upgrade Phase 2
• DCAM-20-RFQ-0001-RFTOP-CS-0026 - Locker Room Upgrades at DPR Multiple
Locations
• DCAM-25-CS- RFQ-0006 - OUC Facilities Public Safety Communication Data Center
Renovation PSCC
• DCAM-25-CS-IFB-0002 - Ward 8 Senior Wellness Center (DACL)
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• DCAM-22-CS- RFQ-0001- RFTOP-CS-0133 - Maury ES HVAC Upgrades
• DCAM-22-RFQ- 0001-RFTOP-CS-0146 - Kenilworth Elementary School Exterior
Window and Door Replacement”
• DCAM-22-CS- RFQ-0001-RFTOP-CS-0145 - Various Schools Fire Alarm System
Replacements
• DCAM-20-CS- RFQ-0001-RFTOP- CS-0220 – Design-Build Services for Guy Mason
and Hamilton Rec. Center Playground Upgrades
• DCAM-20-CS- RFQ-0001-RFTOP-CS-0225 – Design-Build Services for K.C. Lewis
Playground and Park Improvements
(J) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
The Contractor is a certified Small Business Enterprise (“SBE”), Washington, DC-based firm and
has performed satisfactorily on previous projects with the District. The Contractor provides
complete professional design-build services and possesses the financ ial stability to successfully
perform the Project, and has provided a staffing plan for the Project, which has been reviewed and
approved by the Department. The Contractor has been determined responsible in accordance with
27 DCMR § 4706.1.
(K) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
The Contractor is a certified small business enterprise in accordance with the Act (CBE Number:
LSZX29212122027). Notwithstanding the foregoing, the Contractor has certified that it will
subcontract a portion of the Contract amount to SBE/CBE’s that are certified by DSLBD, as
follows, as required by law:
Contract Dollar Value: $1,176,250.00
Minimum Self-Performance Requirement
(35% of Total Contract Dollar Value): $411,687.5
Actual Self-Performance
Actual Self-Performance Percentage: 61%
Actual Total Dollar Value of Self Performance: $717,512.5
Minimum CBE Subcontracting Amount
Available for Subcontracting $458,737.5
Minimum SBE Subcontracting Requirement
(35% of Total Available for Sub-Contracting): $160,558.12
Actual Subcontracting Amount $184,510.00
Total Sub-Contracting Percentage 40%
6
(L) Performance standards and the expected outcome of the proposed contract:
The Contractor is required to provide the full range of design and construction services required
for the Project necessary to substantially complete the Project no later than December 31, 2025.
The Contractor’s performance will be monitored by DGS staff and DGS’s designated Program
Manager. Additionally, the Contractor must adhere to the terms and conditions of the Standard
Contract Provisions for use with District of Columbia Government Architectural/Engineering
Services contracts.
(M) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
The Letter Contract executed by the Department on May 16, 2023, provides for an initial NTE
Amount of $182,288.00, which represents the total expenditure of funds authorized to date.
(N) A certification that the proposed contract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Office of the Chief Financial Officer has certified that the proposed Contract’s amount is
consistent with the Department’s budget and that adequate funds are available in the Department’s
budget in accordance with D.C. Official Code §§ 47-392.01 and 47-392.02. The applicable Fiscal
Sufficiency certification accompanies this Council Package.
(O) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The Letter Contract and proposed Contract have been deemed legally sufficient by the
Department’s Office of the General Counsel , and the Contractor does not appear to have any
current pending legal claims against the District.
(P) A certification that the Citywide Clean Hands database indicates that the proposed
contractor is current with its District taxes. If the Citywide Clean Hands Database indicates
that the proposed contractor is not current with its District taxes, either: (1) a certification
that the contractor has worked out and is current with a payment schedule approved by the
District; or (2) a certification that the contractor will be current with its District taxes after
the District recovers any outstanding debt as provided under D.C. Official Code § 2-
353.01(b):
The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification for the Contractor accompanies this Council Package.
(Q) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The Contractor has certified that it is current with its federal taxes.
7
(R) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
According to the DSLBD website, the Contractor is a certified Local Business Enterprise. The
Contractor’s CBE Number is LSZX29212122027, with an expiration date of December 31, 2027.
(S) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
None.
(T) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government, the dates of the debarment,
and the reasons for debarment:
The Contractor is not debarred from providing services to the Government of the District of
Columbia or the Federal Government according to the Office of Contracts and Procurement’s
Excluded Parties List and the Federal Government’s Excluded Parties List.
(U) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2- 352.05 (privatization
contracts):
Not applicable.
(V) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Contract award information is available on the Department’s website. Copies of contract
documents will be made available on the Department’s website if approved.
(W) Where the original solicitation, and any amendments or modifications, will be made
available online:
The original solicitation and any amendments were posted on the Department’s website.
(X) (1) A certification that the proposed contractor has been determined not to be in violation of
section 334a of the Board of Ethics and Government Accountability Establishment and
Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official Code § 1-1163.34a;
and (2) A certification from the proposed contractor that it currently is not and will not be
in violation of section 334a of the Board of Ethics and Government Accountability
Establishment and Comprehensive Ethics Reform Amendment Act of 2011, D.C. Official
Code § 1-1163.34a:
Based upon a certification from the Contractor, the Contractor has been determined not to be in
violation of D.C. Official Code § 1-1163.34a, and will not be in violation of D.C. Official Code
§ 1-1163.34a.
1101 4th Street, SW
Washington, DC 20024
Date of Notice: May 30, 2025 L0014268262Notice Number:
FEIN: **-***6336
Case ID: 18615664
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
CHIARAMONTE CONSTRUCTION COMPANY
2260 MINNESOTA AVE SE
WASHINGTON DC 20020-5324
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
Memorandum
To: Delano Hunter
Director, Department of General Services
From: Antoinette Hudson Beckham
Agency Fiscal Officer
Reference: Proposed Contract No. ( DCAM-22-CS-RFP-0007) Design-Build Services for 3 DPR
facilities ADA Upgrades located at Trinidad, Bald Eagle, and Fort Stanton –
(DPR Package #3)
Date: May 21, 2025
Subject: Fiscal Sufficiency Certification
In my capacity as the Agency Fiscal Officer of the Department of General Services (the “Department”), I hereby
state that the Design -Build Services for 3 DPR facilities ADA upgrades ( DCAM-22-CS-RFP-0007) (the
“Contract”) with Chiaramonte Construction Company (the “Contractor”), and a Not -to-Exceed amount of
$1,176,250.00, is consistent with the Department’s current budget and that adequate funds are available in the
budget for the expenditure.
Per the Department ’s Contracts & Procurement (“C&P”) team, on May 16 , 202 3, the Letter Contract was
executed by the Department, with an initial No t-to-Exceed (“NTE”) amount of $182,288.00. The proposed
increase of $993,962.00 will increase the NTE amount to $1,176,250.00 ($182,288.00 + $993,962.00).
Per C&P, the proposed Contract’s NTE amount of $993,962.00 is for the definitive agreement covering the full
design Fees and related services (Design Fee, Design Build Fee, Maximum Cost of General Condition) required
for the project. C&P further states, this amount includes the remaining balance beyond the initial $182,288.00
authorized under the letter contract, ensuring the completion of all necessary design work and associated
requirements to develop the GMP proposal.
While a total amount of $1,176,250.00 is being approved for capital-eligible items only, there is an ineligible
amount of $54,486.00, listed in Exhibit S of the contract. See the non-c apital column and associated items.
These items are ineligible for capital expenditure, per the District Capital Guidelines. The goods/services are
needed in FY25. There should be no purchases, commitments, or expenditures for these items until operating
funds are available, via a purchase order for the same amount of $54,486.00. A reverse capital paygo to
operating reprogramming will be su bmitted for approval, in the amount of $54,486.00, in the fiscal y ear the
goods/services are needed.
The Department of General Services (DGS – Implementing A GY) has $1,176,250.00 in t he Department of
Parks and Recreation (HA0 - Owner AGY) cumulative capital budget authority balance.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
The PASS/DIFS information is below/attached:
Project Number/
Name
Subtask AY Fund Detail Imp.
AGY
Owner
AGY
RK/PO Amount Comments
100161-
AM0.QE511C.
ADA
COMPLIANCE
04.02-
CQE5D.21800.
ADA
COMPLIANCE
.CAPITAL
IMPROVEME
NTS
N/A 3030300 AM0 HA0 PO688220 $182,288.00 Letter Contract
100161 -
AM0.QE511C.
ADA
COMPLIANCE
04.02 -
CQE5D.21800.
ADA
COMPLIANCE
.CAPITAL
IMPROVEME
NTS
N/A 3030300 AM0 HA0 RK303726
$939,476.00 Proposed Increase
(Capital part of
$1,176,250.00)
100161 -
AM0.QE511C.
ADA
COMPLIANCE
04.02 -
CQE5D.21800.
ADA
COMPLIANCE
.CAPITAL
IMPROVEME
NTS
N/A 3030300 AM0 HA0 RK303735 $54,486.00 Proposed Increase
(Operating/ineligible
part of
$1,176,250.00) A
reverse capital paygo
to operating
reprogramming for
54,486.00 must be
submitted for
approval to obtain the
funds.
Total $1,176,250.00
_______________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
3924 Minnesota Avenue NE, 6th Floor Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283
OFFICE OF THE GENERAL COUNSEL
MEMORANDUM
TO: Tomás Talamante
Director, Office of Policy and Legislative Affairs
FROM: Kristen Walp
Senior Assistant General Counsel
SUBJECT: Legal Sufficiency Certification
Design Build Services for 3 DPR Facilities ADA Upgrades (DPR Package #3)
Contract Number: DCAM-22-CS-RFP-0007
Contractor: Chiaramonte Construction Company
DATE: June 5, 2025
_____________________________________________________________________________
This is to certify that this Office has reviewed the above-referenced contract and has found it to be
legally sufficient, subject to submission of: (i) any required materials to Council for approval; (ii)
Council’s approval of the same; and (iii) a Fiscal Certification issued by the Department of General
Services’ Agency Fiscal Officer.
Please feel free to contact me at (202) 727-2800 with any questions.
____________________________
Kristen Walp
Senior Assistant General Counsel
2000 14th St. NW, 4th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
GOVERNMENT OF THE DISTRICT OF COLUMBIA
May 2, 2023
By Electronic Mail to frank@cc-builder.com
Frank Chiaramonte
President
Chiaramonte Construction Company
2260 Minnesota Avenue
Washington, DC 20020
Reference: Request for Proposals No. DCAM-22-CS-RFP-0007 (“RFP”) – Design-Build
Services for 3 DPR facilities ADA Upgrades (“Project”) located at Trinidad,
Bald Eagle, and Fort Stanton
Subject: Notice to Proceed and Letter Contract
Dear Mr. Chiaramonte,
We refer to the offer submitted by Chiaramonte Construction Company (the “Design-Builder” or
“DB”) in response to the above referenced RFP. We are pleased to inform you that this Project has
been awarded to Chiaramonte Construction Company and if this letter contract (“Letter Contract”)
is signed by the DB without modification of any kind, it will serve as a notice to proceed for the
work described below. This notice to proceed is subject to the following terms:
1. Letter Contract. This is a Letter Contract between the DB, and the District of Columbia
Government, acting by and through its Department of General Services (“DGS” or the
“Department”), and shall govern our relationship until such time as a final contract is entered into
for the work described in the above referenced RFP (the “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 signed by the Department, this Letter Contract shall automatically
terminate and merge into the Definitized Contract.
2. Scope of Work. The DB is authorized to provide all professional services, materials, tools,
supplies and equipment necessary to advance the design and obtain the necessa ry permits for the
Project.
3. Deliverables. In connection with the services provided pursuant to this Letter Contract, the
DB shall provide, at a minimum, the deliverables in accordance with the requirements in the RFP
D
EPARTMENT OF
G
ENERAL
S
ERVICES
Page 2 of 3
2000 14th St. NW, 4th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283
and Form of Contract to the Department’s Program Manager and in the referenced instances to the
Contracting Officer.
In the event that the DB fails to timely submit any such deliverable, the DB shall pay to the
Department a disincentive fee of ($1000) dollars plus ($250) per day after receiving written notice
from either the COTR or the Contracting Officer of failure to submit each deliverable. This remedy
is cumulative and does not limit any other right or remedy of the Department under the contract
or applicable District law.
4. Not to Ex ceed Amount. The limit of this authorization is $ 182,288.00. In no event shall
the DB be entitled to receive more than this amount under this Letter Contract. This not-to-exceed
amount includes all costs incurred by the DB in connection with the work autho rized hereby. In
no event shall the DB be entitled to receive more than the Not-To-Exceed Amount under this Letter
Contract unless authorized in advance and in writing by a duly authorized Contracting Officer.
5. Insurance. At all times while working under this Letter Contract, the DB shall maintain
insurance as described in the RFP. All such policies shall be endorsed to add the District of
Columbia, including, but not limited to, its Department of General Services, and the respective
agents, employees and offices of each as additional insureds.
6. Duration. Once signed by the DB, the Letter Contract will become effective on the date
the Letter Contract is executed by the Department. This Letter Contract will terminate on the
earlier to occur of the following : (i) the date the Definitized Contract becomes effective; or (ii)
August 5, 2023. DGS reserves the right to terminate this Letter Contract, in whole or specified
part, for convenience in the manner described in the District of Columbia Department of General
Services Standard Contract Provisions General Provisions for Architectural and Engineering
Services Contracts dated October 2018, attached as Exhibit E.
7. ProjectTeam. The DB shall utilize the Department’s ProjectTeam system to submit any
and all documentation required to be provided by the DB for the Project, including, but not limited
to: (i) requests for information; (ii) submittals; (iii) meeting minutes; (iv) invoices/applications for
payment (full package including all forms required by DGS); (v) certified payrolls (in addition to
upload via LCP Tracker); (vi) drawings and specifications; (vii) punchlist; and (viii) other
documents as may be designated by the Department. The DB also shall require all subcontractors
and subconsultants to utilize prolog for the Project.
8. Purchase Order Number . This Letter Contract will become effective on the date the
Letter Contract is executed by the Department. The Department’s Contracting & Procurement
Division will issue a purchase order number within five (5) business days. The purchase order will
be sent in a separate cover. That number should be included in all future invoices and accounting
records. In the event that you do not obtain a purchase order number please contact Makia Efimba
via makia.efimba@dc.gov directly to obtain this number.
9. Ownership and Use of Documents. All documents and work product prepared by the DB
shall become the property of the Department upon the payment of invoices submitted under the
Letter Contract.
10.— EntireAgreement;Modification.ThisLetterContract,alongwiththeStandardContract
Provisions(ExhibitD — ArchitecturalandEngineeringServicesandExhibitE — Construction
Contracts)supersedeallcontemporaneousorpriornegotiations,representations,courseofdealing,
oragreements,eitherwrittenororal.NomodificationstothisLetterContractshallbeeffective
againsttheDepartmentandunlessmadeinwritingsignedbytheDepartment.Notwithstanding
theprovisionsofthisSection10,nothinghereinshalllimittheDepartment'sabilitytounilaterally
modifythisLetterContract.
11. Order of Precedence.The followingdocuments areincorporatedintothisNTP Letterof
Contractinthefollowingorderof precedence:
1,RFPNo.DCAM-22-CS-RFP-0007(byreference)
a.ExhibitA SOW
2.TheDesign-Builder’sproposal(ExhibitB)
DavisBaconActWageDetermination(ExhibitC)
4.TheDistrictofColumbiaDepartmentofGeneralServicesStandardContract
ProvisionsforA&E (ExhibitD)
5.TheDistrictofColumbiaDepartmentofGeneralServicesStandardContract
ProvisionsforConstructionContracts(ExhibitE)
6.ServiceContractAct(ExhibitF)
7.SBESubcontractingPlan(ExhibitG)
~ 8,FirstSourceAgreement(ExhibitH).
e
ISSUED BY: SIGNED BY:
DEPARTMENT OF GENERAL SERVICES
By; 5/16/2028 By: eee
‘Name:ObaidullahRanjbar ‘Name:
Title:ContractingOfficer Title:
Date: Date:
Page3of3
200014*St.NW,4*Floor,WashingtonDC20009|Telephone(202)727-2800| Fax(202)727-7283
x
X
is hereby modified as follows:
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0007 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 1 See Block 16C
g
Compliance of 3 DPR Facilities (DPR
Package #3)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruption s,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether kn own or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or
result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Obaidullah Ranjbar
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0007
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
May 16, 2023
frank@cc-builder.com
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
1. Duration: The letter contract is hereby extended from August, 5th 2023 to October 31st, 2023.
Letter Contract No. DCAM-22-CS-RFP-0007 - DB Services for ADA Compliance of 3 DPR Facilities (DPR Package #3)
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by on e of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
DCAM-22-CS-RFP-0007
(Si t f th i d t i)
aramonte Constrtstructionn Company
08/01/23
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0007 2 of 2
4. Letter Contract Recap:
Letter Contract Executed on: 182,288.00$
Modification No. 01 Administrative -$
Contract Amount 182,288.00$
Modification No.
Modification No. 1
May 16, 2023
10/31/2023
Obi Ranjbar
(Continuation)
ContractNumber ModificationNo. PageofPages.
DCAM-22-CS-RFP-0007 ModificationNo.2 2of2
4,LetterContractRecap:
LetterContract ExecutedonMay16,2023 $182,288.00
ModificationNo.4 Administrative,ExecutedonAugust2,2023 s -
ModificationNo.2 Administrative,Current s -
ContractAmount:
x
X
is hereby modified as follows:
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0007 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 3 See Block 16C N/A
Design Build Services for ADA
Co
mpliance of 3 DPR Facilities (DPR
Package #3)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
Oct/31/2023
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or
result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Obaidullah Ranjbar
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0007
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
May 16, 2023
frank@cc-builder.com
1. Duration: The letter contract duration is hereby extended from January 31, 2024 to May 15, 2024.
Letter Contract No. DCAM-22-CS-RFP-0007 - DB Services for ADA Compliance of 3 DPR Facilities (DPR Package #3)
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-22-CS-RFP-0007
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0007 2 of 2
4. Letter Contract Recap:
Letter Contract 182,288.00$
-$
Modification No. 2 -$
-$
182,288.00$
Modification No.
Modification No. 3
Contract Amount:
Modification No. 3 Administrative, Current
Executed on May 16, 2023
Administrative, Executed on August 2, 2023Modification No. 1
Administrative, Executed on October 31, 2023
x
X
is hereby modified as follows:
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0007 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 4 See Block 16C N/A
Design Build Services for ADA
Compliance of 3 DPR Facilities (DPR
Package #3)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
May/15/2024 May/15/2024
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result
of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Obaidullah Ranjbar
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
1. Duration: The letter contract duration is hereby extended to October 14, 2024. This Letter Contract will terminate on the earlier to
occur of the following: (i) the date the Definitized Contract becomes effective; or (ii) October 14, 2024.
Letter Contract No. DCAM-22-CS-RFP-0007 - DB Services for ADA Compliance of 3 DPR Facilities (DPR Package #3)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0007
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
May 16, 2023
frank@cc-builder.com
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set fo rth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-22-CS-RFP-0007
9B. Dated (See Item 11)
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
(Signature of person authorized to s
aramonte Construction Company
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0007 2 of 2
4. Letter Contract Recap:
Letter Contract 182,288.00 $
-$
Modification No. 2 -$
-$
-$
182,288.00 $
Modification No. 4 Administrative, Current
Modification No.
Modification No. 4
Modification No. 3 Administrative, Executed on January 30, 2024.
Executed on May 16, 2023
Administrative, Executed on August 2, 2023 Modification No. 1
Administrative, Executed on October 31, 2023
Contract Amount:
x
X
is hereby modified as follows:
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Ave, NE, 5th Floor 3924 Minnesota Ave, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Frank Chiaramonte
Chiaramonte Construction Company
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-22-CS-RFP-0007 12
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 5 See Block 16C N/A
Design Build Services for ADA
Compliance of 3 DPR Facilities (DPR
Package #3)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. RELEASE: It is mutually agreed that in exchange for this Modification and other consideration, the Contractor hereby releases,
waives, settles and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequences or result
of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract work.
Eric Njonjo
3. Terms & Conditions: All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
1. Duration: The letter contract duration is hereby extended to April 30, 2025. This Letter Contract will terminate on the earlier to occur
of the following: (i) the date the Definitized Contract becomes effective; or (ii) April 30, 2025.
Letter Contract No. DCAM-22-CS-RFP-0007 - DB Services for ADA Compliance of 3 DPR Facilities (DPR Package #3)
X D. Other (Specify type of modification and authority) Title 27 DCMR Sections 4728 and Contract No. DCAM-22-CS-RFP-0007
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appro priation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
May 16, 2023
frank@cc-builder.com
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
X
10A. Modification of Contract/Order No.2260 Minnesota Avenue
Washington DC 20020
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extende d. is not extended.
DCAM-22-CS-RFP-0007
9B. Dated (See Item 11)
(Signature of person authorized to sign)
15B.
Chiaramonte Constructuctctcttcttctctctctttctttttttctctcttctctcctcttcttcctttctttccccccccccccccc ioniiioniiiioniiiiiiiiiiiii Company
Frank Chiaramonte, President
10/08/2024
10/10/2024
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0007 2 of 2
4. Letter Contract Recap:
Letter Contract 182,288.00$
-$
Modification No. 2 -$
-$
-$
-$
182,288.00$
Modification No.
Modification No. 5
Modification No. 4 Administrative, Executed on May 15, 2024
Contract Amount:
Modification No. 5 Administrative (Current)
Modification No. 3 Administrative, Executed on January 30, 2024.
Executed on May 16, 2023
Administrative, Executed on August 2, 2023Modification No. 1
Administrative, Executed on October 31, 2023
x
X
Contracting and Procurement Division Capital Construction Division
3924 Minnesota Avenue, NE, 5th Floor 3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019 Washington, DC 20019
Chiaramonte Construction Company
2260 Minnesota Avenue
Contract POC: Ajmal Solamal (ajmal.solamal@dc.gov)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
9B. Dated (See Item 11)
1. Contract Number
MODIFICATION OF CONTRACT
Page of Pages
DCAM-22-CS-RFP-0007 1 2
7. Administered By (If other than line 6)
Department of General Services Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. t o the Letter Contract See Block 16C N/A
Design Build Services for ADA
Compl
iance of 3 DPR Facilities (DPR
Package #3)
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
30-Apr-25
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Frank Chiaramonte, President
2. Terms & Conditions: All other Terms and Conditions remain unchanged.
Suzi Tabot
3. Release: It is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases, waives, settles and
holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions, additional work, additional time,
addi
tional 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.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT:
1. Letter Contract Duration: The duration of the letter contract is hereby extended from April 30, 2025 to July 30, 2025 . The Letter Contract will
(i) terminate on July 30, 2025, or (ii) automatically be incorporated into and shall merge into and be superseded by the Definitive Contract, once the
Contract is executed by an authorized Contracting Officer.
Letter Contract No. DCAM-22-CS-RFP-0007 - Design-Build Services for ADA Compliance of 3 DPR Facilities (DPR Package #3),
X D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Contract No. DCAM-22-CS-RFP-0007
Section 7 Changes Clause
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
May 16, 2023
frank@cc-builder.com
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
X
10A. Modification of Contract/Order No.Washington DC 20020
Attn: Frank Chiaramonte - President
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-22-CS-RFP-0007
Chiaramonte Construction Company
4/30/2025
(Continuation)
Contract Number Page of Pages
DCAM-22-CS-RFP-0007 2 of 2
17. Letter Contract Recap:
Letter Contract 182,288.00 $
-$
Modification No. 2 -$
-$
-$
-$
-$
Letter Contract Not-to-Exceed ("NTE") Amount: 182,288.00 $
Modification No.
Modification No. to the Letter Contract
Modification No. 4 Administrative, Executed on May 15, 2024
Modification No. 5 Administrative, Executed on October 10, 2024
Modification No. 3 Administrative, Executed on January 30, 2024.
Executed on May 16, 2023
Administrative, Executed on August 2, 2023 Modification No. 1
Administrative, Executed on October 31, 2023
Modification No. 6 Administrative (Current)
DESIGN-BUILD AGREEMENT
FOR
3 DPR FACILITIES ADA UPGRADES (DPR PACKAGE #3)
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
AND
CHIARAMONTE CONSTRUCTION COMPANY
CONTRACT NUMBER: DCAM-22-CS-RFP-0007
PROJECT INFORMATION
A. PROJECT SUMMARY
1. Project Name: Design-Build Services for 3 DPR facilities
ADA Upgrades located at Trinidad, Bald
Eagle, and Fort Stanton
(DPR Package #3)
2. Project Address: Three (3) locations:
1- Bald Eagle Recreation Center (100
Joliet Street SW, Washington, DC
20032)
2- Fort Stanton Recreation Center (1812
Erie Street SE, Washington, DC
20020)
3- Trinidad Recreation Center (1310
Childress Street NE, Washington, DC
20002)
3. Agreement Type: Design-Build with Guaranteed Maximum
Price
4. Client Agency: Department of Parks and Recreation (“DPR”)
5. Design-Builder: Chiaramonte Construction Company
6. Agreement Amounts:
i. Initial NTE: While a total amount of $1,176,250.00 is
being approved for capital-eligible items
only, there is an ineligible amount of
$54,486.00, listed in Exhibit S of the
contract. See the non-capital column and
associated items. These items are ineligible
for capital expenditure, per the District
Capital Guidelines. The goods/services are
needed in FY25. There should be no
purchases, commitments, or expenditures
for these items until operating funds are
available, via a purchase order for the same
amount of $54,486.00. There will be a
reverse capital paygo to operating
reprogramming submitted for approval, in
the amount of $54,486.00, in the fiscal year
that the goods/services are needed.
ii. Project Budget: $1,176,250.00
7. Design-Builder Compensation:
i. Design Fee: $60,000.00
ii. Design-Build Fee:
Preconstruction fee (15% of the
Design-Build Fee):
$32,288.00
$4,843.20
iii. Maximum Cost of General
Conditions:
$90,000.00
iv. Design Contingency: $3,699.00
v. Construction Contingency: $14,677.00
vi. Owner Controlled Allowances: $150,000.00
8. Liquidated Damages (Delay in
Substantial
Completion):
$1,500.00/day
9. Disincentive Fee for Failure to Timely
Submit Deliverables
$1,000.00 plus $250.00/day
10 Key Personnel Replacement Fee: $25,000.00
11. Substantial Completion Date: December 31, 2025
12. Final Completion Date: March 2, 2026
13. Administrative Term Date: April 30, 2026
14. Letter Contract:
i. Period of Performance May 16, 2023, through execution
of the contract.
ii. NTE Amount: $182,288.000
15. GMP Basis Documents Design
Progression
Permit Set of
Construction Documents
DESIGN-BUILD AGREEMENT
DESIGN-BUILD SERVICES FOR 3 DPR FACILITIES ADA UPGRADES
DCAM-22-CS-RFP-0007
THIS AGREEMENT (“Agreement” or “Contract”) is made by and between the
DISTRICT OF COLUMBIA GOVERNMENT (the “District”), acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS”) and
CHIARAMONTE CONSTRUCTION COMPANY , duly organized under the laws of the
District of Columbia, and with a place of business at 2260 Minnesota Avenue SE, Washington, DC
20020 (the “Design-Builder” or “Contractor”, and collectively, the “Parties”).
RECITALS
WHEREAS , the Department issued a Request for Proposals (“RFP”) dated November 18,
2022 (the “RFP”) to engage a design-builder to prepare a design for a nd to complete work for
Three (3) Department of Parks and Recreation (“DPR”) facilit ies: Trinidad Recreation Center
(1310 Childress Street, NW), Bald Eagle Community Center (100 Joliet Street, NW) and Fort
Stanton Recreation Center (1812 Erie Street, SE) (the “Project”);
WHEREAS , the Department expects that the Project be completed no later than December
21, 2025 (“Substantial Completion Date”);
WHEREAS , the Design-Builder submitted a proposal entitled Design-Bu ild Services for
3 DPR facilities ADA Upgrades (DPR Package #3) dated November 18, 2022 to provide design-
build services for the Project;
WHEREAS , the Department has retained the Design-Builder to provide design-b uild
services for the Project; and, the Project is to include utility investigation, design, pre-construction
services, demolition services and construction services;
WHEREAS , the Design-Builder will provide the architectural, engineeri ng, construction
and related services necessary to complete the Project, subje ct to the terms and conditions
set forth in this Agreement;
WHEREAS , the Department has retained the services of a program manager (the “Program
Manager”) to advise it concerning the Project;
WHEREAS , the Department has established a budget for the Project, including all design
fees, hard construction costs, FF&E, and fees and general conditions of the Design-Builder (such
budget, the “Project Budget”); and
WHEREAS, the Department and the Design-Builder entered into a lette r contract dated
May 16, 2023 (the “Letter Contract”) pursuant to which the Design -Builder was authorized to
proceed with certain design and preconstruction services in further ance of the Project.
NOW, THEREFORE , the Department and Design-Builder, for the consideration set forth
herein, mutually agree as follows.
Article 1 DEFINITIONS
Section 1.1. Administrative Term.
The Agreement shall have an administrative term (the “Administ rative Term”) that runs
from the effective date of the Notice to Proceed (“NTP”) to the Administrative Term Expiration
Date set forth in the Project Information Section above. In addition, within this time the Design-
Builder shall execute and submit a Final Release of Liens a nd Claims in a form and format
required by a Contracting Officer (“CO”), inclusive of providing the Department with a complete
set of any product manuals (“O&M”) and training videos, if applicable. The Administrative Term
is established for the sole purpose of permitting the Departm ent’s Office of the Chief Financial
Officer to process payments in the event any payments become due. Notwithstanding the
foregoing, nothing herein shall be construed to: extend the Substantial Completion Date; extend
the Final Completion Date; or, limit the Department’s ability to assess liquidated damages thereon.
Section 1.2. Agreement.
The term “Agreement” shall mean this entire, integrated agreement between the Department
and the Design-Builder with respect to the Project, consistin g of this document and the Exhibits
thereto, including but not limited to the Standard Contract Provisions, the Construction Documents
released for the Design-Builder’s use and any Change Orders, Cont ract 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 Architect’s design
professional in accordance with the law, and issued by the Design-B uilder for the purpose of
obtaining bids from potential trade subcontractors and material s uppliers for use in constructing
the Project.
Section 1.5. Construction Phase Services.
Services provided throughout the construction phase during which the Design-Builder shall
carry out the bulk of the construction and manage the completion of the design for the Project.
Section 1.6. Cost of General Conditions.
The Cost of General Conditions shall have the meaning set forth in 8.2 of this Agreement .
Section 1.7. Contract Documents.
The term “Contract Document” refers one or more component of t he documents that
comprise the Agreement between the Department and the Design-B uilder, including any
modifications or changes thereof, the Drawings and Specifications, any addenda issued thereto, and
the RFP and its addenda .
Section 1.8. Design & 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 portions of the Contra ct Documents, wherever
located and wherever issued, showing the design, locations and dimensions of the Work, generally
including plans, elevations, sections, details, schedules and diagrams.
Section 1.10. Final Completion.
The point at which Substantial Completion has been achieved, all punch list items noted at
Substantial Completion have been completed and all documents the Design-Builder is required
to deliver to the Department as a condition to receiving final payment have been delivered.
Section 1.11. Final Completion Date.
The date established in the Agreement by which the Design-Builde r shall achieve Final
Completion. The Final Completion Date may be modified only by C hange 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 to, the Design-Build Fee a nd the Cost of
the Work, that will be paid the Design-Builder to Fully Complete the Project as set forth in Article
4. The Guaranteed Maximum Price (“GMP”) may be modified only by Cha nge Order, Contract
Modification or Change Directive in accordance with the Agreement.
Section 1.14. Hazardous Material.
Any toxic substance or hazardous chemical defined or regulated pursuant to federal, state or
local laws relating to pollution, treatment, storage or disposal of waste, or protection of human
health or the environment. Such laws include, without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act, the R esource 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 materia l. 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, directi ng the Design-Builder to
proceed with the Project or any portion of the Project (“Notice to Proceed” or “NTP”).
Section 1.16. Project Schedule.
The schedule for the Project agreed to by the Department and the Design-Builder. Such
schedule shall include a baseline schedule as updated periodically by the Design-Builder, approved
by the Department. 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 a s may be agreed upon by the
Parties. A Final Project Schedule is attached as Exhibit B .
Section 1.17. Self-Performed Work.
Trade work performed by employees of: (1) the Design-Builder; (2) a ny 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 perform ed by Subcontractors unaffiliated
with the Design-Builder or the entities of which the Design-Builder is comprised.
Section 1.18. Services.
The services to be provided pursuant to the Agreement which shall include the Design &
Preconstruction Phase Services and the Construction Phase Services.
Section 1.19. Specifications.
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, construction systems, st andards and workmanship for the
Work, and performance of related services.
Section 1.20. Standard Contract Provisions.
The District of Columbia Department of General Services Sta ndard Contract Provisions,
General Provisions (Construction Contract), as amended, are attach ed hereto as Exhibit J1 and
incorporated herein. The District of Columbia Department of General Services Standard Contract
Provisions, General Provisions (Architectural & Engineering Services Contract), as amended, are
attached hereto as Exhibit J2 and incorporated herein.
Section 1.21. Subcontractor.
Any person, natural or legal, to whom the Design-Builder delegates perf ormance of any
portion of the Work required by the Agreement. The term “Subcontr actor,” used without a
qualifier, shall mean a subcontractor in direct privity wi th the Design-Builder. “Subcontractors at
all tiers” shall mean not only those Subcontractors in direct privity with the Design-Builder, but
also those performing Work pursuant to sub-subcontracts, subcontracts, and so on.
“Subcontractors” shall include both those who are retained to per form labor only and those who
are retained both to perform labor and to supply material or e quipment. “Subcontractors” shall
also include design professionals who are not the Design-Builder’s em ployees and to whom the
Design-Builder delegates any part of its responsibilities unde r the Agreement, except that
references to “trade Subcontractors” shall exclude design professionals.
Section 1.22. Substantial Completion.
Substantial Completion shall mean that all of the following have occurred: (1) the
construction and installation work have been completed with only minor punch list items remaining
to be completed; (2) a temporary certificate of occupancy and all other required permits or
approvals have been obtained; (3) draft copies of all operating and maintenance manuals, training
videotapes and warranties required by the Agreement have been delivered to the Department and
the Client Agency; (4) any supplemental training session required by the Agreement for operating
or maintenance personnel have been scheduled; (5) all clean-up requ ired by the Agreement has
been completed; (6) the Project is ready for the Department and Client Agency to use it for its
intended purpose; and (7) all equipment, supplies, materials a nd items to be installed have been
installed in accordance with the manufacturer’s specifications and industry standards and have
undergone and passed the requisite testing and inspections. “Minor punch list items” are defined
for this purpose as items that, in the aggregate, can be comple ted within thirty (30) days without
interfering with the Department or Client Agency’s normal use of the Project.
Section 1.23. Substantial Completion Date.
The date established herein by which the Design-Builder shall achieve Substantial
Completion. The Substantial Completion Date may be modified only by Change Order, Contract
Modification or Change Directive in accordance with the Agreement.
Section 1.24. Work.
The term “Work” refers to any and all work done in performance of the Services necessary,
at any phases of the Agreement, to Fully Complete the Project.
Section 1.25. Protection of Existing Elements.
The Design-Builder shall protect all existing features, public utilities, and other existing
structures during construction. The Design-Builder shall protect existing, site improvements, trees
and shrubs from damage during construction. Protection extends to the root systems of existing
vegetation. The Design- Builder shall not store materials or equipment, or drive machinery, within
drip line of existing trees and shrubs.
Section 1.26. Site Cleanliness
During the Agreement performance and/or as directed by the Depa rtment’s Program
Manager, as the installation is completed, the Design-Builder sha ll ensure that the site is clear of
all extraneous materials, rubbish, or debris.
Article 2 GENERAL PROVISIONS
Section 2.1.Letter Contract
The Parties acknowledge that certain of the investigation, design a nd preconstruction
activities described in Article 3 of this Agreement were performed pursuant to the Letter Contract
between the parties dated May 16, 2023. Pursuant to the terms of the Letter Contract, upon
execution of this Agreement by the Department (the “Agreement E ffective Date”), the Letter
Contract shall automatically terminate and shall merge into and be superseded by this Agreement.
For avoidance of doubt, any services provided or work performed pursuant to the merged Letter
Contract, and prior to the date that this Agreement is effective, shall be governed by the terms and
condition of this Agreement.
Section 2.2. Term and Termination
The period of performance under this Agreement shall commence from the date of execution
of the Letter Contract by the Department and shall terminate upon the expiration of the
Administrative Term or upon termination by the Department pursuant to Articles 5 and 6 of the
Standard Contract Provisions (Construction Contracts) and Artic le 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 confide nce established with the
Department by this Agreement, and covenants with the Department to furnish the Design-Builder’s
reasonable skill and judgment and to cooperate with the Program Manager in furthering the
interests of the Department. The Design-Builder shall use its best efforts to perform the Work and
complete the Project in an expeditious and economical manner consistent with the interests of the
Department. The Department shall endeavor to promote harmony and coo peration among the
Department, Design-Builder, Program Manager, and other persons or entities employed by the
Department for the Project. In performing its duties under t his Agreement, the Design-Builder
shall at all times use the standard of care used by Design-Buil ders that construct projects similar
to the Project in type, size and scope in large, urban areas. Whenever the term “competent” is used
herein to describe the Design-Builder’s actions or duties that term shall refer to the level of
competence customarily possessed by those Design-Builders that construct projects similar to the
Project in type, size and scope in large, urban areas.
Section 2.4. Confidentiality of Information
The Design-Builder shall assure and keep all information and data obtained throughout the
performance of the Project whether related to the Agreement, the Work in all of its aspects, the
Department and the Department’s employees confidential, dur ing and following the term of the
Agreement, and shall not use the information in connection with any othe r matters; nor shall it
disclose any such information to any other person, firm or corporation, unless disclosure is required
pursuant to court order, subpoena or other regulatory authority. The Desig n-Builder shall not be
divulged of confidential information without the individual’s and the Department’s written consent
and only in accordance with the District’s or Federal’s laws, code s and regulations. The Design-
Builder and any Subcontractors who utilize, access, or store personally identifiable information as
part of the performance of this Agreement are required to saf eguard this information and
immediately notify the Department of any breach or suspected br each in the security of such
information. The Design-Builder and all Subcontractors shall al low the Department to both
participate in the investigation of incidents and exercise control over decisions regarding external
reporting. The Design-Builder, Subcontractors and their respecti ve employees working on this
Project may be required to sign a confidentiality statement.
Section 2.5. Project Description.
The Design-Builder shall provide any and all design and construction services required to design and
complete the Project. The Project shall be complete, oper ating and ready for use on or before the
Substantial Completion Date and within the Project’s budget as specified in this Contract. The three
(3) locations under this Project are at the following DPR facilities: :
Facility Address
Trinidad Recreation Center 1310 Childress Street, NW, Washington, DC 20002
Bald Eagle Community Center 100 Joliet Street, NW, Washington, DC 20032
Fort Stanton Recreation Center 1812 Erie Street, SE, Washington, DC 20020
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 Contract and RFP
Documents.
b) To provide all design services and construction management services necessary to implement
the goals of the Project inclusive of, but not limited to, the followi ng: civil, architectural,
electrical, structural, plumbing and mechanical design services a s required for the Project;
construction management services inclusive of budgeting, develop a GMP proposal for the
Project, value engineering (“Value Engineering”), scheduling, Project administration,
management and coordination of sub-contractors.
c) Provide a site survey for the existing conditions during pre-construction. The survey is to
include all utilities, storm drain inlets, and to conduct subsurface investigation work and any
other below grade infrastructure if and as required for the Project.
d) To furnish and provide all materials, management, personnel, equipment, ha zardous material
abatement, supervision, labor and other services necessary to complete the Project
e) Permitting: The Design-Builder shall be responsible for obtaini ng and paying for all permits
including trade permits and overseeing design drawings to maintain com pliance with
municipal agencies, Department of Buildings (“DOB”) and all appl icable local utility
companies.
f) The Design-Builder will review the contract documents and preform a Value Engineering
effort in a design to budget effort per the Department’s direction.
g) The Design-Builder to provide an updated estimate to go along with the design at SD, DD,
65% CD and 100% CD, as this is a design to budget Project.
h) The Design-Builder will be required to submit a preliminary construction schedule with their
proposal that will include a Value Engineering exercise.
i) The Design-Builder is to work with the design team to provide the own er with a punchlist
during the Project close out as described below.
Section 2.6. Project Manager.
The Department has engaged a Program Manager to provide certain pr ogram
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 desig nated contracting officer
shall have the authority to issue a Contract Modification, Change O rder or Change
Directive issued by the Department’s CO or Contracting Officer. As of the date that this
Agreement is signed, the Department’s duly authorizing contracting officers are set forth
in Exhibit I.
Section 2.7. General Description of Design-Builder’s Duties and Responsibilities.
The Design-Builder shall perform the Services in a professional workmanlike manner. The
Design-Builder shall supply and furnish at the location where the Work is to be performed all
design service, labor, materials, equipment, tools, services, and supervision, and shall bear all items
of expense, necessary to complete and satisfactorily perform t his Agreement, except such items
that the Department, in this Agreement, specifically agrees to supply or furnish to or for the use of
Design-Builder. Any labor, materials, equipment, tools, services or supervision not specifically
described in this Agreement, but which may be fairly implied as r equired thereby or necessary to
properly complete the Work, shall be deemed within the Scope of the Work and shall be provided
by Design-Builder at Design-Builder’s sole expense.
The Design-Builder will be required to work with the Departm ent and Project
stakeholders through a collaborative design process to develop a concept design for the Project in
accordance with the available budget. The Design-Builder will be required to engage in
extensive design and preconstruction efforts to ensure that the design is developed in a manner
consistent with the Department’s goals for the Project (e.g., p rogrammatic, budgetary, schedule
and quality); to solicit competitive trade bids for the constructi on work and to develop an
acceptable guaranteed maximum price and corresponding scope and schedule for the work; and to
implement the requisite construction and other work necessary no la ter than the Substantial
Completion Date. The Design-Builder will be required to provide a “turn-key” Project ready for
its intended use and shall be responsible for all items of cos t except for those items set forth in
Section 9.6 of this Agreement.
Section 2.8. Warranties and Representations
2.8.1. All disclosures, representations, warranties, and cert ifications 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, repre sentations,
warranties, and certifications are true and correct.
2.8.2. If any disclosure, representation, warranty or certification the Design-
Builder has made or makes pursuant to the RFP or the Agreement,
including, without limitation, representations concerning the Design-
Builder’s construction or design experience and qualifications, claims or
litigation history or financial condition, is materially inaccura te, that
shall constitute a material breach of the Agreement, entitl ing the
Department to any and all available remedies.
2.8.3. 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 & Preconstruction and C onstruction Phases, the
Design-Builder shall be responsible to the Department for any a nd all acts and omissions of the
Design-Builder’s agents, employees, Subcontractors including modular building
supplier/manufacturer/installer, Sub-Subcontractors, mate rial suppliers, and laborers, and the
agents and employees of the Subcontractors, Sub-Subcontrac tors, material suppliers, and
laborers performing or supplying Work in connection with the Project.
Article 3 DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES
Section 3.1. Preconstruction Services.
During the Design & Preconstruction Phase, the Design-Builder sha ll provide such design
and preconstruction services as are necessary to properly adva nce the Project. Without limiting
the generality of the foregoing, during the Preconstruction Phase, the Design-Builder shall: (i) work
with its Architect and any design consultants to advance the design for the Project in consultation
with Client Agency, the Department and its Program Manager; (i i) 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 E ngineering and scoping exercises
necessary to return the cost of the work to the Project Budget; a nd (iv) engage in
preconstruction activities, including identifying any long-lead items. Thr oughout the Design &
Preconstruction Phase, the Design-Builder shall schedule and atte nd regular meetings with the
Department, the Program Manager and the Architect. A list of preconstruction deliverables is set
forth in Exhibit C .
Section 3.1.1 Initial Deliverables
The Design-Builder’s initial task will be to develop a concept design and budget for the
Project. As part of this effort, the Design-Builder shall prep are and provide the
following initial deliverables:
Section 3.1.1.1 Baseline Schedule. Within twenty-one (21) days after the
Preconstruction NTP is issued, the Design-Builder shall prepa re and submit a
Baseline Schedule for the Project (the “Baseline Schedule”). The Baseline Schedule
shall be subject to review and approval by the Department and the Design Builder
shall incorporate such adjustments to the Baseline Schedule as may be
reasonably requested by the Department. The Baseline Schedule shall be prepared
in a critical path method (“CPM”) in a sufficient level of de tail to permit the
Department and the Design-Builder and any other affected parties to properly plan
the Project. The Baseline Schedule shall show: (i) key design milestones and bid
packages; (ii) release dates for long lead items; (iii) release dates for key
subcontractors; and (iv) Substantial and Final Completion D ates. The Baseline
Schedule shall include durations and logic ties for those building syste ms that the
Design-Builder is recommending for replacement. The Baseline S chedule must
also be submitted in Primavera 6 native format and shall be updated by the Design
Builder, at a minimum, on a bi-weekly basis.
Section 3.1.1.2 Concept Design. The first phase of the Project will include
the preparation of a concept design and program development. No later than six
(6) weeks after the Preconstruction NTP is issued, the Design-Builder shall prepare
and submit a proposed concept design for the Project. The concept design shall
contain at least the level of detail contemplated in standard indus try practice and
shall contain such detail as is typically required for a concept design under standard
industry practice. The Department shall have the right to disap prove the concept
design submittal for any reason. Following review of the concept design submission
by DPR and the Department, the Design-Builder shall make revisions to the concept
design submission as necessary to incorporate comments, feedba ck and other
direction provided by DPR and the Department. The Design-Builder’s pricing shall
assume that such revisions will be required, and such revisions shall not entitle the
Design-Builder to additional compensation. The concept design servi ces shall
include but are not limited to the following:
a. Conduct meetings with the DGS representatives to confirm program and verify
facility requirements on a space-by-space basis.
b. Conduct community focus meeting to develop programming and solicit input.
c. Conduct life safety/building code analysis to verify compliance of design with
all current applicable codes recently adopted and/or adopted by Washington,
DC, including the 2013 District of Columbia Building Code, the 2013 District
of Columbia Green Construction Code, the 2013 District of Columbia Energy
Conservation Code, the 2013 District of Columbia Fire Code, the 2013 District
of Columbia Mechanical Code, and the 2013 District of Colum bia Plumbing
Code.
d. Participate in Value Engineering workshops, as required, with the DGS
representatives.
e. Prepare and submit Environmental Impact Screening Form (“EISF”).
f. Survey existing facility to confirm locations and types of hazardous materials
to be abated or mitigated.
g. Conduct a complete survey of the site as required to successfully renovate the
recreation building. At a minimum, the survey shall include existing condition
of the building and documentation of existing condition. Design-Builder shall
be responsible for the collection, assessment, and verific ation of existing
conditions.
h. Confer with the Department’s IT representatives/consultants to verify
technological requirements for the Project.
i. Renovation and new construction should be designed to qualify for LEED
Silver certification.
Section 3.1.1.3 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 “Prelimi nary Budget
Estimate”). With regard to building systems (i.e. roofs, doors, HVAC, security, IT,
etc.), the Preliminary Budget Estimate shall be prepared on a “system” basis that
identifies the key building systems or functions and allocates an estimated cost for
each such system. The Design-Build Fee, the cost of general condition s, and
contingencies shall be broken out in separate line items. The primary purpose of the
Preliminary Budget Estimate is to aid the Department and D PR in understanding
the costs associated with key elements of the Project to better prioritize and manage
the use of the funding allocated to this Project.
Section 3.1.1.4 Baseline Budget and Program. The Department shall
provide the Design-Builder with a baseline budget and program and com ments on
the concept design. Such approval shall be provided (or signed by) t he
Department’s Deputy Director for Capital Construction (the “Deputy Director”). In
the event the Design-Builder does not receive such approval within four teen (14)
days after submitting the Preliminary Budget Estimate, it shall so advise the COTR,
the Deputy Director and the contracting officer (“Contracting Officer” or “CO”) in
writing of such failure and request direction. If the Design-Builder fails to provide
such notice, the Design-Builder will be proceeding at its own ri sk and will be
responsible for any redesign costs associated with budget revisions.
Section 3.1.1.5 Construction Management Plan. The Design-Builder shall
submit a draft of its construction management plan (“Construction Management
Plan”) within fourteen (14) days after the Preconstruction NTP is issued to include,
but is not limited to, noise control, hours for construction and delive ries, truck
routes, trash and debris removal plan, traffic and parking contr ol, communications
procedures, emergency procedures, quality control procedures, dust control, public
street cleaning and repair, planned occupancy of public ways, erosion control, tree
protection plan, vibration monitoring, temporary fire protectio n measures, project
signage, pest control, construction staging plan, and construction logistics plan.
Section 3.1.1.6 Additional Preconstruction Services. In addition to those
items enumerated above, the Design-Builder shall provide such pre construction
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 studie s, archeological
studies, recommended testing, additional geotechnical testin g, and monitoring of
historic assets.
Section 3.1.1.7 Disincentive Fee for Failure to Timely Submit
Deliverables. The Design-Builder acknowledges that the Department is
engaging the Design-Builder to provide an extensive level of preconstruct ion
support services to minimize the potential for cost overruns, schedul e delays, or
the need for extensive Value Engineering/redesign late in the Project and that the
deliverables required under this Section 3.1.1 are key to identify the value of
such services. In the event the Design-Builder fails to deliver any of the
deliverables required in Section 3.1.1 (and unless such failure is the result of any
event of Force Majeure), the Design-Builder shall be subject to a disincentive fee
in an amount of One Thousand Dollars ($1,000.00) plus Two Hundred Fifty
Dollars ($250.00) per day after receiving written notice from either the COTR or
the Contracting Officer of failure to submit such deliverables.
Section 3.2 Design Management
Between the time the Preconstruction NTP is issued and the time the GMP is accepted
by the Department, the Design-Builder shall use commercially reasonable best efforts to ensure
that: (i) the design evolves in a manner that is consistent with the Department’s budget and
programmatic requirements, as the same were defined and esta blished 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 t he Project Schedule. As part of
this undertaking, the Design-Builder shall provide the following:
Section 3.2.1 Schematic Design. The Design-Builder shall prepare a
schematic design that is a logical development of the approved concept design and
is consistent with the Department’s schedule, budget which includes both soft and
hard costs (i.e. designed to GMP of $1.8 million) and programmatic requirements.
The schematic design shall contain at least the level of detail contemplated in
standard industry practice and shall contain such detail as is typically required for
a schematic design under standard industry practice. The design submi ttal shall
specifically identify any deviations from the approved concept design and shall
explain the rationale, cost and time implications associated w ith such deviation.
The Department shall have the right to disapprove the schematic design submittal
for any reason. Following review of the schematic design submission by DPR and
the Department, the Design-Builder shall make revisions to the schematic design
submission as necessary to incorporate comments, feedback and other direction
provided by DPR and the Department. The Design-Builder’s pricing shall assume
that such revisions will be required, and such revisions shall not entitle the Design-
Builder to additional compensation.
In general, the Design-Builder shall be required to undertake the f ollowing tasks
during this phase:
a. Further develop conceptual plans and incorporate design changes.
b. Continue development of phasing plan based on the approved CD,
to accommodate the Project’s needs.
c. Submit an early estimate for the modernization with a magnitu de of
error of Not-to-Exceed +/- 10% of the Project hard cost budget.
d. If it is necessary for Project early inquiry with Public Uti lity
Companies (PEPCO, Washington Gas, Verizon, DC NET) should be
conducted.
e. Conduct Department of Energy and Environment (“DOEE”), DOB,
District Department of Transportation (“DDOT”), and DC Water
Preliminary Design Review meetings.
Section 3.2.2 Schematic Budget Update. Concurrent with submission
of the schematic design, the Design-Builder shall submit a budget update. The
budget update shall be submitted in the same format as the Preliminary Budget
Estimate and shall show variations from Preliminary Budget Estimate. To the
extent the budget update shows an overrun from the approved budget, the
Design-Builder shall submit Value Engineering suggestions that would return
the Project to budget. Only the Department shall have the authority to increase
the Project Budget, and absent such direction, the Design-Builder shall proceed
on the assumption that the budget remains as originally directed b y the
Department.
Section 3.2.3 Constructability/Sole Source/Long-Lead Time
Memorandum. Concurrently with the Schematic Design Budget Estimate, the
Design-Builder shall prepare a memorandum identifying key constr uction
concerns related to the Project. Such memorandum shall: (i) as sess the
constructability issues related to the Project, including site logi stics; (ii) identify
any items where the design is predicated on a single manufactur er and, if so,
identify at least two (2) comparable products; and (iii) identify a ny long-lead
delivery items that could adversely affect the schedule contemplat ed in this
RFP. To the extent any such long-lead items are identified, the m emorandum
shall make recommendations for addressing such items.
Section 3.2.4 Design Development. The Design-Builder shall
prepare a set of design development documents (“Design Developme nt
Documents”) that is a logical development of the approved schem atic design,
along with any oral or written feedback provided by the Departme nt, and is
consistent with the Department’s schedule, budget and programma tic
requirements. The Design Development Documents shall contain a t least the
level of detail contemplated in standard industry practice and shall contain such
detail as is typically required for a schematic design under s tandard industry
practice. The design submittal shall specifically identify a ny deviations from
the approved schematic design and shall explain the rationale and c ost
implications associated with such deviation. The Department sha ll have the
right to disapprove the Design Development Documents submittal for any reason.
The specific services required during this phase are:
a. Select and draft outline specifications for materials, systems, and
equipment.
b. Develop detailed and dimensioned plans, wall sections, building
section, and schedules.
c. Complete code compliance analysis and drawing.
d. Confirm space-by-space equipment layouts with representat ives from
DGS.
e. Conduct follow up meetings with agencies as required.
f. Coordinate furniture, fixtures, and equipment requirements (“F FE”).
Design documents should be sufficient to provide for the purchase and
installation of FFE as required.
g. Present the design to Commission of Fina Arts (“CFA”), Historic
Preservation Office (“HPO”), Office of Planning (“OP”), a nd other
regulatory agencies as required.
h. Design-Builder is responsible for coordinating with sub-consultants for
storm water management, and other specialized work, as necessary.
i. Renovation and new construction should be designed to qualify for LEED
Silver certification.
Section 3.2.5 Permits. The Design-Builder shall be responsible
for preparing and submitting all of the required permit appl ications that are
necessary to complete the Project, including trade permits. The Design-Builder shall
develop a list of the required permits and shall track the progress of all such permits
through the review process. The Design-Builder shall update the Depart ment with
the status of each permit that is required for the Project. The Design-Builder shall
engage such permit expediters as the Design-Builder deems nec essary or
appropriate in light of the Project’s schedule.
Section 3.2.6 Entitlements. The Design-Builder shall prepare
such materials and make such presentations as are necessary to obtain the required
land use and entitlement approvals. Approvals may be required from (i) the Office
of Zoning, (ii) OP, and (iii) the CFA. Given the nature of the work, it is not
envisioned that such approvals will require extensive hearings or submissions.
Section 3.2.7 Mid-Point Construction Document Review. Based
on the approved Design Development Documents and any approved Value
Engineering, the Design-Builder shall cause the Architect to prepare a set of
Construction Documents. It is contemplated that the Construction Documents
may be issued in several different sets (i.e. architectural, electrical, mechanical,
structural, etc.). As each such set reaches a point where it is approximately Fifty
percent (50%) complete, the Design-Builder shall prepare and s ubmit a progress
printing to the Department for its review and comment.
Section 3.2.8 Construction Document Review &Coordination.
The Design Builder shall complete each of the Construction Documents packages in
a manner that addresses the concerns raised by the Department during the review
contemplated in Section 5.3.1 for such package. The Design-Builder shall issue one
or more set of permit documents to the Department for its revie w and approval
(“Permit Set”). The Permit Set shall represent the furthe r progression of the
approved DDs together with any value engineering strategies approved by the
Department. The Permit Set shall be Construction Documents pr ogressed to
approximately 90% completion of those required in a traditional Desi gn/Build
delivery method. With regard to each such set, the Design-Builder shal l highlight
(or bubble) any aspect of the design that represents a material deviation from the
approved Design Development Documents and shall address in a narra tive format
the impact, if any, such departure shall have on the Project’s aesthetics, functionality
or performance. The Department shall have the right to disapprove the Construction
Documents for any reason. If the Department disapproves the Const ruction
Documents, the Design-Builder will not be entitled to any additional compensation.
If, however, the Department disapproves a Construction Document that is a logical
extension of the approved Design Development Documents, the Design-Builder will
be entitled to an adjustment to the GMP and/or the Agreement schedule unless such
a package departs from the Scope of Work fairly reflected in the GMP Drawings and
Specifications and in such event the Design-Builder shall be re quired to prepare a
revised design that complies with the GMP drawings and specifications (“Drawings
and Specifications”) and without any entitlement to an increas e in the GMP or an
adjustment of the Agreement schedule . In the event the Department does not approve
a document within fourteen (14) days after issuance, such document shall be deemed
approved unless the Department advises that such document is still under review. In
the event the Department’s review takes longer than fourteen (14) days, such
additional review shall be deemed a change event.
During the Permit Set phase, the Design-Builder shall complete the following tasks:
a. Continue to prepare detailed and coordinated drawings and specifications.
b. Prepare application and submit documents for building permits.
c. Work with the Department’s third-party plan reviewer to re view the
documents for permit document submission.
d. Upload all documents to DOB’s permit document review website in
accordance with their instructions.
e. Prepare and submit early-release excavation, foundations, concrete and
steel packages, if needed.
f. Prepare and submit DC Water permit application packages (all permit
types that may be required) and DOEE Storm Water Management an d
Green Area Ratio packages for review and approval.
g. Prepare DDOT public space modifications package for submission to and
approval by DDOT Public Space Committee, participate in Committee
meetings as necessary.
h. Prepare all traffic control plans required to obtain rel evant DDOT permit
approvals at all stages of the Project, as required.
i. Renovation and new construction should be designed to qualify for LEED
Silver certification.
In addition, the Design-Builder shall be required to (a) define, clarify, or complete
the concepts and information contained in the Permit Set; (b) corr ect design errors or
omissions, ambiguities, and inconsistencies in the Permit Set (w hether found prior to or
during the course of construction); and (c) correct any failure of t he Architect to follow
written instructions of the Department during any phase of design se rvices or the
construction of the Project provided they are compatible with industry standards.
Section 3.2.9 Code Review. The Design-Builder shall submit the
Permit Set to the Department of Consumer and Regulatory Affa irs 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 ad justments
required by the Code Official. The Design-Builder shall also is sue any such
changes to the Department for its review and approval. In this s ubmittal, the
Architect shall highlight (or bubble) any aspect of the design that represents a
material deviation from the permit set documents and shall addres s in a narrative
format the impact, if any, such departure shall have on the Proj ect’s aesthetics,
functionality or performance. Subsequent to obtaining the necessary bui lding
permits, the Design- Builder shall prepare one or more sets of “issued for
construction documents” (the “IFC Set(s)”).
Section 3.2.10 Design Changes. If it should become necessary to
amend any of the approved IFC Set(s), the Design-Builder shall pre pare 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 impac t, if any, such
departure shall have on the Project’s aesthetics, functionalit y or performance. In
the event the Department does not approve such document within ten (10) business
days after issuance, unless otherwise denied, such document shall be deemed
approved, provided however that the Department has not advised that such
document is still under review.
Section 3.2.11 Third Party Contractors. The Department will hire
third party contractors for plan review and for testing and materi al inspections.
The Design-Builder shall coordinate and work with the Project Mana ger and third-
party plan reviewer during the building permit process.
Article 4 GUARANTEED MAXIMUM PRICE
Section 4.1. Guaranteed Maximum Price
Subject to additions and deductions which may be made only in accordance with the
Agreement, the Design-Builder represents, warrants, and guarantees to the Department that the total
maximum cost to be paid by the Department for Design-Builder’s complete performance under the
Agreement, including, but not limited to, Final Completion of all Work, all services of Design-
Builder under the Agreement, and all fees, compensation, and reimbur sements to the Design-
Builder, shall not exceed the total amount of One Million One Hundred and Seventy Six Thousand
Two Hundred and Fifty Dollars ($1,176,250.00) (the “Guaranteed Maximum Price” or “GMP”).
Costs which would cause the GMP (as may be adjusted pursuant to the Contract Documents) to be
exceeded shall be paid by the Design-Builder without reimbursement by the Department. The GMP
is inclusive of the One Hundred and Eighty-Two Thousand Two Hundred and Eighty-Eight Dollar
($182,288.00) Initial Not-To-Exceed Amount set forth in the Letter Contract.
Section 4.2. Review of GMP Basis Documents.
The Department has selected the Design-Builder, in large part, b ecause of its special
expertise in constructing similar projects. Before submitt ing its Guaranteed Maximum Price, the
Design-Builder reviewed the GMP Basis Documents for accuracy, constructability and
completeness and was required to bring such deficiencies to the attention of the Department and
shall have caused its Architect to address any such deficienci es. To the extent that any such
deficiencies in the GMP Basis Documents could have been identifie d by such review by a
competent Design-Builder, such deficiencies shall not be the basi s for a change in the GMP or
delaying the Project Schedule.
Section 4.3. Contingency.
The Cost of the Work shall include a contingency, which shall be a s um 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 ari sing from or as a result of
deficiencies in the GMP Basis Documents and other costs which are properly reimbursable as Cost
of the Work but not the basis for a Change Order, such as costs that were not reasonably foreseeable
as of the effective date of this Agreement, including such items as emergencies, unforeseeable
changes in market conditions for materials or labor, or subsurface, soils or site conditions that were
neither known nor reasonably discoverable as of the effective date of the Agreement (the
“Contingency”). During the Construction Phase, the Design-Builder sha ll keep the Program
Manager informed as to the status of the Contingency and shall, at a minimum: (i) advise the
Program Manager or any significant draws upon the Contingency in a ti mely manner; and (ii)
provide the Program Manager with running status of the Contingency balanc e at least once every
two (2) weeks.
Section 4.4. Guaranteed Maximum Price Components. The Guaranteed Maximum
Price is compromised of the maximum amount payable to the Department for:
Section 4.4.1. The Cost of work for full and complete performance of
the Work in strict compliance with the Contract Documents;
Section 4.4.2. A Design Fee for the Design-Builder, as defined in the
Agreement, in the amount of Sixty Thousand Dollars ($60,000.00);
Section 4.4.3. A Design-Build Fee for the Design-Builder, as defined in
the Agreement, in the amount of Thirty Two Thousand Two Hundred
Eighty-Eight Dollars ($32,288.00); and
Section 4.4.4. A Maximum Cost of General Conditions, as defined in
the Agreement, in the amount of Ninety Thousand Dollars ($90,000.00).
The Guaranteed Maximum Price is further broken down into line items and categories in Exhibit
L.
Section 4.5. Reserved.
Section 4.6. Basis of Guaranteed Maximum Price. The GMP is for the performance of
the Work in accordance with the Contract Documents listed and attached to this Agreement and
marked as Exhibits B, D, L, U, V, and W, as follows:
4.6.1 Exhibit W: A list of drawings, specifications, addenda, general, supplementary,
and other conditions on which the Guaranteed Maximum Price is based.
4.6.2 Exhibit U: A list of unit prices and allowance items and a statem ent of their
basis.
4.6.3 Exhibit V: Assumptions and clarifications made in preparing the GMP Proposal,
noting in particular any exclusions. The assumptions and clar ifications 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 clar ifications. Such
memorandum shall specifically address any changes in the Proj ect aesthetics,
functionality, or performance.
4.6.4 Exhibit L : The proposed GMP, including a statement of the detailed cos t
estimate organized by trade categories, allowances, contingency, and other items and
the fees that comprise the GMP.
4.6.5 Exhibit B: 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.
4.6.6 Exhibit D: A subcontracting plan setting forth the names and estimate d dollar
volume of the work that will be performed by LSBDEs, as certified by the Department
of Small and Local Business Development (“DSLBD”), upon which the GMP is based.
Section 4.7. Certification. The Design-Builder specifically acknowledges and declares
that the Contract Documents are sufficiently complete to have enabled the Design-Builder to
determine the Cost of the Work therein in order to enter into the GMP 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 further acknowledges that it has visited the site,
examined all conditions affecting the Work, is fully familiar wit h all of the conditions thereon and
affecting the same, and has carefully examined all drawings and spec ifications provided to it. The
GMP Drawings and Specifications include various clarifications and assumptions that are intended
to further define the scope of work that will be required to complete the design. The Design-Builder
has included within the GMP sufficient amounts to cover aspects of the work that are not shown on
the GMP Drawings and Specifications.
Section 4.8 Cost Overruns . Subject to additions or deductions which may be made in
accordance with the Agreement, the Design-Builder shall be solel y liable and responsible for and
shall pay any and all costs, fees and other expenditures in excess of the Guaranteed Maximum Price
for and/or relating to the Work, without entitlement to reimbursement from the Department. Design-
Builder shall not be entitled to any fee, payment, compensation or r eimbursement under the
Agreement or relating to the Work or Project other than as expressly provided in the Agreement.
Section 4.9 Allowances . The Guaranteed Maximum Price includes specific “Unit Price
Allowance Amounts” for certain items as shown on the Schedule of V alues and budgeted in the
Guaranteed Maximum Price (“Allowance Items”). The only Allowanc e Items shall be those
specifically identified as such in the Schedule of Values and in the Guaranteed Maximum Price. The
Allowance Amounts represent all Costs of the Work of the Allowance Items, including, without
limitation, costs of materials, labor, handling, transportation, loading and unloading and installation,
as determined by Design-Builder.
Section 4.10 Intent of the Agreement . The intent of the Agreement is for the Design-Builder
to perform and supply, and the Department hereby engages the Design-Builder to and Design-Builder
hereby agrees to perform and supply, the Work, including all necessa ry scheduling, procurement,
supervision, construction, and construction management services and supp ly all necessary labor,
materials, equipment and related work and services necessary to fully complete the Work and obtain
the intended results of the Contract Documents, including, but not limited to the requirements of the
Project Schedule and the Guaranteed Maximum Price requirements set forth herein. The enumeration
of particular items in the Specifications and/or Drawings shal l not be construed to exclude other
items. The Contract Documents are complementary, and what is required by any one of the Contract
Documents (including either a Drawing or Specification) as being necessary to produce the intended
results shall be binding and required as a part of the Work as if required by all Contract Documents.
Section 4.11 Design-Builder’s Compliance with Contract Documents. The Design-Builder
agrees, accepts and assumes that the Department's decision will require implementation of the most
stringent requirements among any conflicting provisions of the Contract Documents as being part of
the Work. The Design-Builder agrees to be bound by all decisions by the Department to implement
the most stringent of any conflicting requirements within the Contract Documents. Any failure by
the 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 the Design-Builder’s sole
expense, to achieve compliance with the more stringent requireme nts. Without limiting the
generality of the foregoing, the Design-Builder hereby agrees as follows:
4.11.1.The failure of the Department to insist in any one or more instanc es upon a strict
compliance with any provision of this Agreement, or to exercise any op tion herein
conferred, shall not be construed as a waiver or relinquishment of the Department’s right
thereafter to require compliance with such provision of this Agre ement, 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.
4.11.2.If there is any inconsistency in the Drawings or any conflict betwee n the Drawings
and Specifications, the Design-Builder shall provide the better qua lity or greater
quantity of work or materials, as applicable, unless the Department directs otherwise in
writing.
4.11.3.The 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 Dra wings into areas,
sections, subsections or trade disciplines.
4.11.4.Detail drawings shall take precedence over scale drawings, and figured dimensions on
the Drawings shall govern the setting out of the Work.
4.11.5.Unless the Specifications expressly state otherwise, refere nces to documents and
standards of professional organizations shall mean the latest editions published prior to
the Effective Date.
4.11.6.Technical words, abbreviations and acronyms in the Contract Documents shall be used
and interpreted in accordance with the Agreement and the customary usage in the
construction industry.
4.11.7.Whenever consent, permission or approval is required from any party pursuant to the
provisions of the Contract Documents, such consent, permission or approval shall,
unless expressly provided otherwise in the Agreement, be given or obtained, as
applicable, in writing.
Section 4.12 Capital Eligibility . While $1,176,250.00 is being certified for capital eligible
items only, there is a list of items in Exhibit S, in the amount of $54,486.00, that are ineligible for
capital expenditure. The goods/services are needed in Fiscal Year ( ͆FY ͇) 2025. There should be
no purchases, commitments or expenditures for the ineligible items in Exhibit S, until operating
funds are available, along with the appropriate purchase order for the same amount of $54,486.00.
Section 4.13 Early Release/Abatement & Demolition
Section 4.13.1 Abatement & Selective Demolition. Once the schematic
design has been approved, the Department may release the Desi gn-Builder to
commence hazardous material abatement and interior demolition, or other early
activities, as applicable. It is envisioned that this work may be released in advance
of the GMP.
Section 4.13.2 Long Lead Materials. The Department will release funding
for long-lead items once the Design Development Documents have been approved.
If the Design-Builder believes an earlier release is requ ired in order to meet the
Project Schedule, it shall advise the Department and make a recommendation as to
the requested release date. Any decision to authorize an early release shall be made
by the Department in its sole and absolute discretion.
Section 4.14 Unsafe Materials and Hazardous Materials
Section 4.14.1 The Design-Builder shall not bring, spill or release onto the
site asbestos, PCBs, or any other Hazardous Material that is not customarily
used in a facility of the type and similar to the Project, a nd shall bring to the
Department’s attention any specification of such Hazardous Materials in the design
documents. If the Design Builder believes that anything in the A greement 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 sim ilar to the Project, it
shall immediately inform the Department and seek direction before proceeding.
Section 4.14.2 The Design-Builder shall abate and remove Hazardous
Materials on or within the site as necessary to complete the Work contemplated by
this Agreement. The Design-Builder shall comply with all laws, including, without
limitation, the requirements of the EPA and all jurisdictio nal agencies as well as
all laws relating to safety, health welfare, and protection of the environment, in
removing, treating, encapsulating, passivating, and/or disposing of Haza rdous
Materials, including, but not limited to, removal, treatment, encap sulation,
passivation, and/or disposal of the Hazardous Materials. I f any notices to
governmental authorities are required, the Design Builder shall a lso give those
notices at the appropriate times. The Design-Builder shall e nsure 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 4 of the Standard Contract P rovisions in the
event the Design Builder encounters Hazardous Materials 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 compliance with all
laws, the number of units actually removed, treated, and/or disposed of , and the
appropriate unit price(s) applicable to the Work.
Article 5 CONSTRUCTION PHASE
Section 5.1. General.
The Construction Phase shall not commence until the Department issues a Notice to
Proceed for Construction Phase Services. The Design-Builder shall, through its Subcontractors or, with
the written consent of the Department, with its own forces, pe rform all of the Work necessary to
construct the Project so that it is complete, safe, and prope rly built in strict accordance with the
approved Construction Documents and the other requirements of t his Agreement. Without
limitation, the Design-Builder shall provide all of the labor, mat erials, tools, equipment, temporary
services, and facilities necessary to complete the Project in accordance with the drawings,
specifications, schedule and budget that are issued for the Proj ect. The Design-Builder shall be
responsible 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, and
in a timely fashion. All materials and equipment to be incorporated into the Project shall be new and
previously unused, unless otherwise specified, and shall be free of manufacturing or other defects.
The construction phase services shall include, but are not necessarily limited to:
a) Manage all aspects of the renovation and construction of the Project.
b) Manage bi-weekly progress meetings. Site visits are included in base fee.
c) Review and process shop drawing submissions, RFI’s, etc.
d) Prepare meeting notes and records of decisions/changes made.
e) Conduct pre-closeout inspections.
f) Review closeout documents for completeness, such as As-Built D rawings based on the
Contractor’s red line drawings and/or coordinated set developed dur ing the
Subcontractor coordination process. As-Built Drawings should be transmitted to DGS in
hard copy, PDF, and CAD formats.
Based on the approved plans and specifications, the Design-Buil der 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 approved by the Department and shall
provide all labor, materials, insurance, bonds and equipment necessary to fully complete the Project
in accordance with the drawings, specifications, schedule and budget t hat are issued for the Project.
The Design-Builder shall be responsible for paying for and obtaining all necessary permits and to pay
all necessary fees for utility connections and the like. The Work shall be accomplished in accordance
with the following:
Section 5.1.1 Drawings & Specifications. All of the Work shall be constructed in
strict compliance and in accordance with the final Constructi on Documents issued for and
approved by the Department.
Section 5.1.2 Compliance with Other Requirements. In performing the Work, the
Design-Builder and its subcontractors shall comply with all of the applicable provisions of the
Standard Contract Provisions and the requirements set forth in Section 5.12 (Site Safety and
Clean-Up), Section 5.13 (Workhours, Site Office, and Coordination with Client Agency and
Community), and Section 5.17.2 (Quality Control Plan) of this Agreement.
Section 5.1.3 Supervision. Throughout the Work, the construction office shall be
managed by personnel competent to oversee the Work at all times wh ile construction is
underway. Such personnel shall maintain full-time, on-site construct ion supervision and
provide daily inspections, quality control, monitoring, coordination of various tra des, record
drawings, and daily work log.
Section 5.1.4 Weekly Progress Meetings. Throughout the Work, the Design-Builder
shall conduct weekly progress meetings following the Design-Builder’s generated agenda with
the Department’s Project Manager and key trade subcontractors . The Design-Builder shall
draft and circulate the meeting minutes on a weekly basis.
Section 5.1.5 Move-in Assistance. The Design-Builder shall assist DPR in relocating
FF&E and other items, as applicable. The GMP shall include an allowance and Scope of Work
for these activities.
Section 5.1.6 Delay Liquidated Damages. In addition to the disincentive fees provided
for in Section 3.1.1.7 relating to deliverables, if the Scope of Work is not substantia lly
complete by the Substantial Completion Date, the Design-Builder shall be subject to liquidated
damages in an amount of One Thousand Five Hundred Dollars ($1,500) per day. T hese
damages shall not apply if the delay is the result of Force Maj eure and the Design-Builder
otherwise complies with the provisions set forth in the Standard Contract Provisions.
Section 5.1.7 Hazardous Materials. The Design-Builder’s Scope of Work includes the
abatement and removal of hazardous materials found anywhere on or wit hin the Project site.
In performing such work, the Design-Builder shall comply with all la ws, including, without
limitation, the requirements of the Environmental Protection Agency and all jurisdictional
agencies and all laws relating to safety, health welfare, and prot ection of the environment, in
removing, treating, encapsulating, passivating, and/or disposing of hazardous ma terials,
including, but not limited to, removal, treatment, encapsulation, passi vation, 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 appropriatel y licensed and qualified. In
addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of
hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least
Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years
after Substantial Completion of the Project, and that any disposa l site to which hazardous
materials are taken carries environmental impairment liability insurance for the duration of the
Project and a period of three (3) years after Substantial Completion of the Project. The Design-
Builder’s obligations under this Section 5.1.8 shall include signing (as the agent for the
Department) any manifests required for the disposal of hazardous materials.
Section 5.1.9 Salvage Value and Stored Items.
The Design-Builder shall be responsible for salvaging and storing all items as identified
by the Department, and to the benefit of the Department, in accorda nce with all applicable
District laws and regulations, after notifying the Department and r eceiving the Department’s
permission to proceed.
Section 5.1.10 Protection of Existing Elements . The Design-Builder shall protect all
existing features, public utilities, and other existing structures during construction. The
Design-Builder shall protect existing, site improvements, trees and shrubs from damage during
construction. Protection extends to the root systems of existing vegetation. The Design-
Builder shall not store materials or equipment, or drive machinery, within drip line of existing
trees and shrubs.
Section 5.2 Unrenovated Portions of the Structure.
In constructing the Project, the Design-Builder shall ensure that unrenovated portions of
existing structures, if any, including, but not limited to, the mechanical, plumbing, electrical systems
and other building systems are not adversely affected. All unrenovate d portions of the structures
should function, at a minimum, at the level of functionality that existed immediately prior to the
construction of the Project. If any unrenovated portion of the Proje ct functions at a lower level of
functionality as a result of the Design-Builder’s Work, the Design-Builder shall be back-charged the
costs incurred by the Department in addressing the decreased functionality.
Section 5.3 Subcontracting and Administration
5.3.1 It is contemplated that all or substantially all of the const ruction of the
Project will be carried out by trade Subcontractors and that those trade
subcontracts will be awarded through the competitive bid pr ocess
contemplated in Section 4.4. The Design-Builder shall enter into a
written agreement with each Subcontractor. The trade subcontractors will
be under written contract with the Design-Builder. All subcontr acts
and agreements for the supply of equipment or materials awarded for the
Project shall be fixed-price contracts unless otherwise exp ressly
authorized by the Department, in writing. It is understood and agree d,
however, that certain trade packages (such as the mechanical and
electrical packages) may be awarded on a design- assist or desi gn-
build basis and that such trade packages may be awarded on such
other basis subject to the Department’s consent as to the bidding
procedures and economic structure with regard to those packages. T he
Design-Builder and its affiliates may not carry out trade work wit h its
own forces without the Department's written permission, whic h
permission may be withheld or conditioned by the Department in its sole
and absolute judgment.
5.3.2 In addition to the open book reporting requirements set forth in 5.10, the
Design-Builder shall provide to the Department a copy of all quotes or
proposals submitted by potential subcontractors.
5.3.3 The Design-Builder shall develop a purchasing strategy to address t he
expedited schedule and conditions of this Project and shall include
appropriate provisions in the subcontracts to minimize the cos t impact
associated with such conditions. Such strategies may include, but are not
limited to (i) obtaining from subcontractors unit price quotes f or typical
coordination items; (ii) setting aside allowances for coordinati on work;
and (iii) such other techniques as may be employed by the Design-
Builder.
5.3.4 The Design-Builder shall carefully document its procedures for m aking
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 Departme nt
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.
5.3.5 The Department may, in its sole discretion, reject any or al l bids and
proposals received for any bid package, and may require the Design
Builder to obtain new or revised bids or proposals.
5.3.6 The Department may, in its sole discretion, direct the Desi gn-Builder to
accept a bid from a qualified bidder other than the bidder to whom the
Design-Builder recommends award of a subcontract or supply
agreement. If the Department chooses this option, it shall issue a
Change Order to the Design-Builder for any difference between the cost
of the subcontract or supply agreement awarded and the bid pric e of the
Subcontractor or supplier recommended by the Design-Builder, but
without any adjustment to the Design-Build Fee.
5.3.7 The Department must approve all Subcontractors and supplie rs. The
Department may elect to review the form of any subcontract or
agreement with a material supplier to ensure that such contra ct
incorporates the contractual provisions required by this Agreement.
5.3.8 The Design-Builder must contract for provision of all services and
materials for the Project (other than Self-Performed Work which must be
authorized in advance and in writing by the Department) via writt en
subcontracts or, for contracts requiring provision of materials or
equipment only, and not labor, via written supply agreements. All
subcontracts and supply agreements shall include the following
provisions:
5.3.8.1 that, to the extent of the work or supply within the
agreement’s scope, the Subcontractor or supplier is bound to
the Design-Builder for the performance of all obligations
which the Design-Builder owes the Department under the
Agreement;
5.3.8.2 that the Subcontractor or supplier is not in privity with t he
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;
5.3.8.3 that the Department is a third-party beneficiary of the
subcontract or supply agreement, entitled to enforce any
rights thereunder for its benefit;
5.3.8.4 that the Subcontractor or supplier consents to assignment of its
agreement to the Department, at the Department's sole option,
if the Design-Builder is terminated for default;
5.3.8.5 that the Subcontractor or supplier shall comply immediatel y
with a written order from the Department to the Design-
Builder to suspend or stop work;
5.3.8.6 that the Subcontractor or supplier shall maintain records of a ll
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;
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);
5.3.8.8 that, if the Department terminates the Agreement for
convenience, the Design-Builder may similarly terminate the
subcontract or supply agreement for convenience, upon seven
(7) days’ written notice to the Subcontractor or supplier, and
that the Subcontractor or supplier shall, in such a case, be
entitled only to the costs set forth in Article 6 of the Standard
Contract Provisions;
5.3.8.9 that the Department shall have the right to enter into a
contract with the Subcontractor or supplier for the same price
as its subcontract or supply agreement price less amounts
already paid, if the Design-Builder files a voluntary petition
in bankruptcy or has an involuntary petition in bankruptcy filed
against it;
5.3.8.10 that the Subcontractor or supplier shall not be entitled to
payment for defective or non-conforming work, materials or
equipment, and shall be obligated promptly to repair or replace
non-conforming work, materials or equipment at its own cost;
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 tim ely
fashion;
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;
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;
5.3.8.14 lien and claim release and waiver provisions substantially
identical to those in this Agreement.
5.3.9 Within seven (7) calendar days of receiving any payment from the
Department that includes amounts attributable to Work per formed or
materials or equipment supplied by a Subcontractor or supplie r, the
Design-Builder shall either pay the Subcontractor or supplier for its
proportionate share of the amount paid to the Design-Builder for t he
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 an d
state the reason for the withholding. All monies paid to the Design-
Builder under the Agreement shall be used first to pay amounts due to
Subcontractors or suppliers supplying labor or materials f or the Project
and only money remaining after such payments are made may be used
for other items such as the Design Build Fee. Monies paid by joint check
shall be deemed to have been paid fully to the Subcontractor or su pplier
named as a joint payee, unless the Department agrees otherwise in
writing. Any interest paid to Subcontractors or suppliers bec ause the
Design-Builder has failed to pay them in timely fashion shall not be
reimbursable as part of the Cost of the Work.
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.
5.3.11 The Design-Builder shall not substitute or replace any Subcontr actor or
supplier approved by the Department without the Department's pri or
written consent.
5.3.12 The Department has the right to contact Subcontractors or suppliers at all
tiers, or material or equipment suppliers directly to confirm amounts due
and owing to them or amounts paid to them for Work on the Project, and
to ascertain from the Subcontractors or suppliers at all tiers their
projections of the cost to complete their work or to supply their material
or equipment, or the existence of any claims or disputes. In doing so t he
Department shall not issue any directions to Subcontractors or S uppliers
at any tier.
5.3.13 If it comes to the Department's attention that a Subcontrac tor or
supplier has not been paid in timely fashion (other than for dispute d
amounts), and if the Design-Builder fails to cure the problem within five
(5) calendar days after the Department gives it written notic e of
the failure to pay, the Department may make payments to the
Subcontractor or supplier and Design-Builder by joint check.
5.3.14 The Design-Builder shall be required to provide an evaluation of each of
its subcontractors’ performance by completing and submitti ng to the
Department the Subcontractor Performance Evaluation Form set forth
as Exhibit O , as follows:
(a) Within ninety (90) days of initiating the Construction Phase; and
(b) Within thirty (30) days after Final Completion of the Project.
Section 5.4 Weekly Progress Meetings & Schedule Updates.
The Design-Builder shall schedule and conduct, at a minimum, weekly progress meeting
at which the Department, the Architect, the 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-Builder shall submit bi-weekly Schedule updates
which shall reflect actual conditions of Project progress as of the date of the update. The update
shall reflect the actual progress of construction, identify any developing delays, regardless of their
cause, and reflect the Design-Builder’s best projection of the actual date by which Substantial
Completion and Final Completion of the Project will be achie ved. Via a narrative statement (not
merely a critical path method schedule), the Design-Builder shall identify the causes of any potential
delay and state what, in the Design-Builder's judgment, must be done t o avoid or reduce that delay.
The Design-Builder shall point out, in its narrative, changes that have occurred since the last update,
including those related to major changes in the scope of work, activities modified since the last update,
revised projections of durations, progress and completion, revision s to the schedule logic or
assumptions, and other relevant changes. Any significant variance f rom 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 na tive format reasonably acceptable to
the Department (e.g., Primavera). The Department may make re asonable requests during the Project
for changes to the format or for further explanation of information pr ovided. Submission of updates
showing that Substantial Completion or Final Completion of the Project will be achieved later than the
applicable scheduled completion date shall not constitute reques ts for extension of time and shall not
operate to change the scheduled completion date(s). The Departme nt’s receipt of, and lack of
objection to, any schedule update showing Substantial Completion or Fina l 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 m atter 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 circ umstances and only by the
methods set forth in this Agreement.
Section 5.5 Written Reports.
The Design-Builder shall provide written reports to the Depart ment on the progress of the
entire Work at least monthly from Preconstruction Notice to P roceed until Final Completion of the
Project. Such written report shall include the following elements:
5.5.1 Construction Progress Update. The Design-Builder shall provide
written reports to the Department, on the progress of the ent ire Work at
least monthly from Preconstruction NTP until Final Completion of the
Project. The monthly report shall include: (i) an updated schedule
analysis, including any plans to correct defective or deficient work or
recover delays; (ii) an updated cost report; (iii) a monthly review of cash
flow; (iv) a quality control report; and (v) progress photos. Each monthly
update shall contain a narrative description of the Project progr ess and
a critical path method schedule in Primavera format, including any
plans to correct defective or deficient work or for time lost due to delays.
5.5.2 Cost Update. The monthly update shall reflect, by Guaranteed
Maximum Price line item, the original line item amount, app roved,
pending, and projected Change Order amounts, the cost incurred to
date, the projected cost to complete the Work of the line item, and any
variance between the actually approved budgeted balance of the line item
and the projected cost to complete. A clear distinction must be made
between approved Change Orders and those merely requested or
anticipated. The report shall explain all variances including “b uyouts”
or final actual costs including those below their respective Guar anteed
Maximum Price line item. In addition, the report must disclose a ny
instances in which the Design-Builder has transferred amounts from
one line item to another, or from the Contingency to any other line
item. Neither submission of, nor the Department's failure to reject an
update reflecting that the projected cost to complete the Project exceeding
the Guaranteed Maximum Price will operate to increase the G uaranteed
Maximum Price or waive the Department's right to enforce the
Guaranteed Maximum Price. If the report reflects budget overruns, it
must also include a recovery plan.
5.5.3 Economic Inclusion Report. The monthly report shall include a
detailed summary of the Design-Builder’s efforts and results w ith
respect to the economic inclusion goals set forth in this Agreemen t.
Such report shall be in a format acceptable to the Departme nt and shall
include, at a minimum: (i) the Design-Builder’s overall perform ance
with respect to the goals; (ii) a listing of subcontracts and agreements with
material suppliers during the month and the percentage of those
subcontracts and agreements with material suppliers awarded to
LSDBEs; (iii) a listing of subcontracts during the month and t he
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 opportunities that will
be solicited during the next three (3) months and the actions being taken to
meet the subcontracting goals.
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 explai ned in
the monthly report. If there are no such changes, the report shal l so
state.
5.5.5 Quality Assurance Report. The monthly report shall include a
detailed summary of the steps that are being employed to ensure
quality construction and workmanship. Each report shall specifically
address issues that were raised by the Department and/or it s Program
Manager during the prior month and outline the steps that are being
taken to address such issues.
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 re cord of weather,
Subcontractors working on the site, number of workers, major equipme nt on the site, Work
accomplished, problems encountered and other similar relevant da ta as the Department may
reasonably require. The log shall be available to the Department , the Architect and the Program
Manager, and on a monthly basis a copy of the log shall be submitted to the Department.
Section 5.6 Cost Control System.
The Design-Builder shall use a system of cost control for the Work in a format consistent with
the GMP Drawings & Specifications and approved by the Departm ent, which shall include, without
limitation, regular monitoring of actual costs for activities in progress and estimates for uncompleted
tasks and proposed changes. Design-Builder shall identify variance s between actual and estimated
costs and report the variances to the Department, the Architect and the Program Manager at regular
intervals.
Section 5.7 Key Personnel.
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 . The Key
Personnel shall include (i) the Project executive; (ii) the superi ntendent;
(iii) the Project Manager; (iv) the Assistant Project Mana ger:
(v)Preconstruction Manager/Estimator; and (vi) Safety/Quality
Assurance/Quality Control Manager. 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. The Design-Builder shall
not replace any of the Key Personnel without the Department’s prior
written approval, which shall not be unreasonably withheld. If any of the
Key Personnel become unavailable to perform services in connection with
the Agreement due to death, disability or separation from the employment
of the Design-Builder or any affiliate of the Design-Builder, then the
Design-Builder shall promptly appoint a replacement acce ptable to the
Department. The Department shall be entitled to complete information
on each such replacement, including a current resume of his or her
qualifications and experience.
5.7.2 Certain members of the Design-Builder’s Key Personnel shall be
subject to a removal or replacement fee for their removal or
reassignment by the Design-Builder. Those members of the Desig n
Builder’s Key Personnel subject to such fee shall be identified in Exhibit
F as subject to the fee provisions herein. In the event there is no
delineation in Exhibit F of those members of the Design-Builder’s Key
Personnel subject to the fee provisions of this Agreement, then a ll of the
Key Personnel shall be subject to the fee provisions of this Agre ement.
5.7.3 In addition, the Department shall have the right, to be exercised in its sole
discretion, to remove, replace or to reduce the scope of servic es 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 writ ten
consent of the Department. In the event the Department exercis es the
right to remove, replace or to reduce the scope of services of the Design-
Builder, the Department shall have the right to enforce the ter ms of this
Agreement and to keep-in-place those members of the Design-Builde r’s
team not removed or replaced and the remaining members shall complete
the services required under this Agreement in conjunction with t he new
members of the Design Builder’s team approved by the Departme nt.
5.7.4 Removal or Replacement of Key Personnel
5.7.5 Subject to the terms of this Section 5.7, in each instance where the
Design Builder removes or reassigns one of the key personnel liste d in
Exhibit F as being subject to the key personnel replacement fee, other
than (a) for reasons where such personnel become unavailable due t o
death, disability or separation from the employment of the Design-Builder
or any affiliate of the Design-Builder or any affiliate of the Design
Builder, or (b) with the prior written consent of the Department, then the
Design-Builder shall pay to the Department the amount set fort h in the
Project Information Section of this Agreement as a replacement fee and
not a penalty, to reimburse the Department for its administr ative 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 in ternal
administrative costs.
Section 5.8 Qualified Personnel/Cooperation.
The Design-Builder shall employ on the Project only those employees a nd Subcontractors
who will work together in harmony and who will cooperate with one another on the Project. The
Design-Builder shall enforce strict discipline, good order and harmony among its employees and its
Subcontractors and shall remove from the site any person who is unfit for the work or fails to conduct
herself or himself in a proper and cooperative manner. If the Department requests removal of any
person as unfit or as having behaved inappropriately, the Design-Builder shall promptly comply.
Section 5.9 Warranty.
The Design-Builder warrants to the Department that material s and equipment furnished
under the Contract Documents will be of good quality and new unless ot herwise required or
permitted by the Contract Documents, that for the one (1) year pe riod following the Substantial
Completion Date the Work will be free from defects not inher ent 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 com mercially 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 wit h the Department,
allowing the Department or its consultants access to the Des ign-Builder’s Subcontractors and
material suppliers, invoices, purchase orders, Change Order est imates, records for Self-Performed
Work, and other relevant documentation and sources of information concerning the Work or costs. The
Department shall not use its access to the Subcontractors t o 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
5.11.1 Time is of the essence of this Agreement. The Project must be
Substantially Complete no later than the Substantial Comp letion Date
set forth within the Project Information Section above.
5.11.2 The Design-Builder will perform the Work so that it shall achi eve
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 Sectio n 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 gene rality
of the foregoing, delays for the following reasons shall be regarded
as Non-Excusable and shall not entitle the Design-Builder to an extension
of time:
5.11.2.1 Delays due to job site labor disputes, work
stoppages, or suspensions of work;
5.11.2.2 Delays due to adverse weather, unless the Design
Builder establishes that the adverse weather was of a nature and
duration in excess of averages established by data from the U.S.
Department of Commerce, National Oceanic and Atmospheric
Administration for the Project locale for the ten (10) years
preceding the effective date of the Agreement. For purposes of
this clause, weather shall only be deemed “adverse” if the
weather in question was more severe than that encountered at
the Project site over the last ten (10) years for the month in
question. Such determinations shall be made based on the
number of rain/snow days or the cumulative precipitation total
for the month in question. Notwithstanding the foregoing,
named storms shall conclusively be deemed “adverse”;
5.11.2.3 Delays due to the failure of the Design-Builder or
Subcontractors or material suppliers at any tier to perf orm in
timely or proper fashion, without regard to concepts of
negligence or fault; or
5.11.2.4 Delays due to Site Conditions whether known or
unknown as of the effective date of the Agreement,
foreseeable or unforeseeable at that time, naturally occurring
or man-made; provided, however, that delays due to differing
Site Conditions as permitted by Article 4, Section A of the
Standard Contract Provisions or Hazardous Materials
Remediation shall be deemed an Excusable Delay.
5.11.3 The Design-Builder shall be entitled to an adjustment in the Substantial
Completion Date due to an Excusable Delay. The term “Excusabl e
Delay” shall mean:
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;
5.11.3.2 Delays due to acts of God, war, unavoidable
casualties, civil unrest, and other similar causes of
delay that are beyond the control of the Design-
Builder; provided, however, that in no event shall a
Non-Excusable Delay or the action or inaction of the
Design-Builder, or any of its employees, agents,
Subcontractors or material suppliers be deemed an
Excusable Delay; or
5.11.3.3 Delays caused by differing Site Conditions as
permitted by Article 4, Section A of the Standard
Contract Provisions or Hazardous Materials
Remediation as contemplated in Section 5.11.2.4 of this
Agreement;
5.11.3.4 Delays due to suspensions of work;
5.11.3.5 Delays caused by the Client Agency or separate
contractors of the Client Agency to the extent such
delays are not concurrent with delays caused by the
Design Builder or any of its employees, agents,
subcontractors or material suppliers; or
In addition to the forgoing, a delay shall be deemed to be an Excusa ble Delay only to the
extent that such delay: (i) warrants an extension in the Substantial or Final Completion Date; (ii) has
not been caused by the Design-Builder or any of its employees, agents, Subcontractors or material
suppliers; (iii) is on Project’s critical path; and (iv) is in addition to any time contingency periods set
forth in the critical path.
5.11.4 If the Design-Builder wishes to make a claim for an adjustment in time
allotted per the Project Schedule, written notice as provided herein shall
be given. The Design-Builder’s claim shall include an estimate of the
cost and of the probable effect of delay on the progress of the Work. In
the case of continuing delay, only one claim is necessary.
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 sole ly by
the Department; and (iv) not concurrent with any other delay, then the
Design-Builder shall be entitled to receive its actual cost s, 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.
5.12.1 The Design-Builder will be required to provide a safe and eff icient site,
with controlled access. As part of this obligation, the Desi gn Builder
shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project, and shal l
comply with the requirements set forth in Article 16, Section F of the
Standard Contract Provisions.
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”). 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 s ite security
details. The Safety Plan will be submitted to the Departme nt and Client
Agency for their review and approval prior to the commencement of
construction. Once the Safety Plan has been approved, the Design-
Builder shall comply with it at all times during construction. The
Design-Builder shall be required to revise the Safety Plan as may be
requested by the Department or Client Agency. The cost of revisi ng 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 Sa fety
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 Artic le 27,
Section A of the Standard Contract Provisions.
5.12.3 Safety Barriers/Fences. As part of its responsibility for Project safety,
the Design-Builder shall install such fences and barriers as m ay be
necessary to separate the construction areas of the site from those areas
that are then being used by Client Agency for educational purposes.
The Design-Builder shall describe in the Safety Plan the proposed
separation and the specific nature of the fences and barriers t hat will be
used.
5.12.4 Site Security. The Design-Builder shall be responsible for site security
and shall be required to provide such watchmen as are necessar y to
protect the site from unwanted intrusion.
5.12.5 Exculpation. The right of the Department and Client Agency to
comment on the Safety Plan and the nature and location of the required
fences and barriers shall in no way absolve the Design-Builder from the
obligation to maintain a safe site.
Section 5.13 Workhours, Site Office, and Coordination with Client Agency and
Community
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 permitt ed by the
Noise Ordinance.
5.13.2 Parking. The Design-Builder shall organize its work in such a manner
so as to minimize the impact of its operations on the surrounding
community. To the extent that the number of workers on the site is likely
to have an adverse impact on neighborhood parking, the Design-Bui lder
shall develop a parking plan for those individuals working on the site that
is reasonably acceptable to the Department.
5.13.3 Wheel Washing Stations. The Design-Builder shall provide wheel
washing stations on site so as to prevent the accumulation of dirt and
other refuse on the streets surrounding the Project site.
5.13.4 Outreach Plan. The Design-Builder shall keep the Department informed
of the construction activities and their potential impact on the
community and shall develop a community outreach plan (the
“Outreach Plan”). The Design-Builder shall submit the Outreach Plan to
the Department prior to its implementation which shall be subject to the
Department’s review and approval.
5.13.5 Supervision. Throughout the Work, the construction office shall be
managed by personnel competent to oversee the Work at all times
while construction is underway. Such personnel shall maintain fulltime,
on-site construction supervision and provide daily inspections, quali ty
control, monitoring, coordination of various trades, record drawings, and
daily work log.
5.13.6 Move-in Assistance. The Design-Builder shall assist DPR in
relocating FF&E and other items, as applicable. The GMP shal l include
an allowance and Scope of Work for these activities.
Section 5.14 Close-out & FF&E.
5.14.1 A detailed list of FF&E requirements will be developed duri ng the
design & preconstruction phase and attached hereto as Exhibit N .
5.14.2 Punchlist. Promptly after the Project reaches Substantial Completion, the
Design-Builder shall cause the Architect to develop a punchlis t. Once
the punchlist is prepared, the Design-Builder shall inspect t he work
along with representatives from the Department. The punchlist shal l be
revised to reflect additional work items that are discovered duri ng such
inspection. The Design-Builder shall correct all punchlist item s no later
than ninety (90) days after Substantial Completion is achieved .
5.14.3 Warranties & Manuals. Subsequent to Substantial Completion and no
later than fifteen (15) days following Substantial Completion, th e
Design-Builder shall prepare and submit the following documenta tion:
(i) a complete set of product manuals (O&M), training videos,
warranties, etc.; (ii) attic stock; (iii) an equipment schedule; (iv) a
proposed schedule of maintenance for the renovated building; (v)
environmental, health and safety documents for the renovated building;
and (vi) all applicable inspection certificates/permits ( boiler, elevator,
emergency evacuation plans, health inspection, etc.) for the re novated
building. No later than thirty
(30) days following Substantial Completion, the Design-Builder shall
prepare and submit: (x) a complete set of its Project f iles; and (y) a set
of record drawings, including BIM model(s).
The Design-Builder shall prepare an “as-built” plan of the sit e including
all the modifications performed during construction, within 30 days of
completion. The Design-Builder shall also submit warranty information
on all design requirements within 30 days of completion.
5.14.4 Support for Initial Heating & Cooling Season. The Design-Builder and
its mechanical Subcontractor shall provide support to the Cl ient Agency
and the Department during system start-up and in initial opera tion
for the first heating and cooling season after Substantial Com pletion
is achieved.
5.14.5 Training. The Design-Builder shall provide training to Client Agency
staff on all of the building systems. The Design-Builder shall be required
to schedule such training sessions and shall use commercially
reasonable efforts to ensure all such training occurs prior to Final
Completion Date.
5.14.6 The Design-Builder shall assist Client Agency in relocating FF&E and
other items as necessary within the renovated building, as well as for
cleaning and other move-in services as directed by the Departme nt. The
GMP shall include an allowance and scope of work for these activi ties.
This allowance is in addition to cleaning services that would otherwise be
required by the Design-Builder, including, but not limited to, the
obligation to deliver a broom clean building at the end of construction.
Section 5.15 Salvaged and Stored Items.
The Design-Builder shall be responsible for salvaging and storing all items as identified
by the Department, and to the benefit of the Department, in accordance with all applicable District
laws and regulations, after notifying the Department and receiving the Department’s permission to
proceed.
Section 5.16 Sediment and Erosion Control.
The Design-Builder shall be responsible for installing sedim ent and erosion control
measures, inclusive of, but not limited to: silt fencing, inlet prote ction, stabilized construction
entrances, and other control measures.
Section 5.17 Quality Control.
5.17.1 General Obligation. The Design-Builder shall be responsible for all
activities necessary to manage, control, and document work to ensure
compliance with Contract Documents. The Design-Builder’s
responsibility includes ensuring adequate quality control services are
provided by the Design-Builder’s employees and its subcontractors at all
levels. The work activities shall include safety, submittal ma nagement,
document reviews, reporting, and all other functions related to quality
construction.
5.17.2 Quality Control Plan. Within forty five (45) days after the design
development documents are approved, the Design-Builder shall deve lop
a quality control plan for the Project (the “Quality Control Plan” ). A
draft of the Quality Control Plan shall be submitted to the Depa rtment
and shall be subject to the Department’s review and approval . The
Quality Control Plan shall be tailored to the specific product s/type of
construction activities contemplated by the GMP Basis Documen ts,
and in general, shall include a table of contents, quality control team
organization, duties/responsibilities of quality control personnel,
submittal procedures, inspection procedures, deficiency correction
procedures, documentation process, and a list of any other specific actions
or procedures that will be required for key elements of the Work.
5.17.3 Implementation. During the Construction Phase, the Design-Builder
shall perform regular quality control inspections and create r eports
based on such inspections pursuant to the Quality Control Plan. The
quality control reports shall be provided to the Department electronically
on a monthly basis. The Design-Builder shall incorporate a quality
control section in the progress meetings to discuss outstanding
deficiencies, testing/inspections, and upcoming Work. The monthly
report shall include a detailed summary of the steps that are being
employed to provide quality construction and workmanship. The
monthly report should specifically address issues raised during the month
and outline the steps that are being used to address such issues.
Section 5.18 Acceleration.
Subject to the terms of this Section, the Department shall ha ve the right to direct the
Design Builder to accelerate the Work if, in the reasonable judg ment of Department: (i) the Design
Builder fails to supply a sufficiency of workers or to deliver the materials or equipment with such
promptness as to prevent the delay in the progress of the Work; or (ii) the progress of the Work
otherwise materially falls behind the projections contained in the then currently approved Project
Schedule. In the event that the Department or its Program Manager determine that either of the
events specified in the preceding sentence have occurred, the Depar tment shall provide the Design
Builder with written notice of such event and the Design-Builder shall be required to provide the
Department with a schedule recovery plan (“Recovery Plan”) that is reasonably designed to
address the concerns raised in such notice within three (3) days af ter receipt of such notice. If the
Department and the Design-Builder are unable to agree on the terms of the Recovery Plan within five
(5) days after the issuance of the notice (i.e. within forty eight ( 48) hours after the receipt of the
proposed Recovery Plan), the Department shall have the right to d irect 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 di rected under this Section shall not
justify an adjustment to the GMP on the Substantial Completion Date.
Given the nature of the Project and the fact that there is a fixed date upon which the Client
Agency plans to occupy the building, the Design-Builder hereby: (i ) acknowledges that this
provision is a material inducement upon which the Department has relied in entering into this
Agreement; and (ii) represents and warrants that it has i ncluded sufficient funding in the GMP in
order to comply with the requirements of this Section.
Section 5.19 Corrective Action Plan.
Subject to the terms of this Section, the Department shall have the right direct the Design
Builder to revise the provisions of the Quality Control Plan if, in t he reasonable judgment of the
Department, the craftsmanship of the Work being installed fails to comply with generally applicable
industry standards, requirements set forth in the Specifications that are reasonably related to the
quality of craftsmanship quality, or any provisions set forth in this Agreement (each a “Quality Control
Event”). In the event that the Department or its Program Mana ger determine that a Quality Control
Event has occurred, the Department shall provide the Design-Buil der .with written notice of the
occurrence of such Quality Control Event and the Design-Builder shal l be required to provide the
Department 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 not ice (each instance, a “Corrective Action
Plan”). If the Department and the Design-Builder are unable to agree on the terms of the Corrective
Action Plan within five (5) days after the issuance of the notice (i.e. within forty eight (48) hours after
the receipt of the proposed corrective action plan), the Depa rtment shall have the right to direct
such corrective action measures as the Department, in its reasonable judgment, deems necessary. Such
directive may include adjustments to the procedural provisions set f orth 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 t his Section, the cost of any such
corrective action directed under this Section shall not justif y an adjustment to the GMP on the
Substantial Completion Date.
Section 5.20 Use of ProjectTeam.
a. Use of Department’s Electronic Project Management Infor mation System
(ProjectTeam). The Design-Builder shall utilize the Department’s current project management
software, ProjectTeam, to submit any and all Project documentation required to be provided by
the Design-Builder for the Project, including, but not limited to: (i) requests for information; (ii)
submittals; (iii) meeting minutes; (iv) invoices/applications for payment (full package including
all forms required by DGS); (v) certified payrolls (in addition to upload via LCP Tracker); (vi)
drawings and specifications; (vii) GMP and any Submissions that require approval by DC
Council; (viii) punchlist; and (ix) other Project documents as may be designated by the
Department.
a.Electronic storage and transmission of information via ProjectTe am system shall be
compliant with the provisions of the document security.
b.Invoice Submittal. The Design-Builder shall create and submit payment reques ts in an
electronic format through the DC Vendor Portal, https://vendorpor tal.dc.gov. The Design-
Builder shall submit proper invoices on a monthly basis. To constitute a proper invoice, the
Design-Builder shall enter all required information into the Portal after selecting the applicable
purchase order number which is listed on the Design-Builder’s profile.
Section 5.21 Use of The DC Vendor Portal.
The Contractor shall be required to utilize the DC Vendor Portal for all invoice submissions and
will be subject to providing any required additional back up informat ion requested for the invoice
submitted.
Section 5.22 Conformance with Laws.
It shall be the responsibility of the Design-Builder to perform under the Agreement in
conformance with the Department’s Procurement Regulations and all statutes, laws, codes,
ordinances, regulations, rules, requirements, orders, and policies of governmental bodies, including,
without limitation, the U.S. Government and the District of Columbia government; and it is the sole
responsibility of the Design-Builder to determine the Procureme nt Regulations, statutes, laws,
codes, ordinances, regulations, rules, requirements and orders that ap ply and their effect on the
Design-Builder’s obligations thereunder.. Given the requirements for the Project, the Department
may, at its sole discretion, (i) apply for variance to the requirement of adhering to the Green Building
Act on the Project and (ii) consider deferring the scope of work associated with storm water
management to a later phase of the Project.
Section 5.23 Licensing, Accreditation and Registration
The Design-Builder and all of its subcontractors and subconsultants (regardless of tier) shall
comply with all applicable District of Columbia, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the pe rformance of the Agreement. Without
limiting the generality of the foregoing, all drawings shall be signe d and sealed by a professional
Architect or engineer licensed in the District of Columbia.
Section 5.24 Construction Phase Deliverables.
The deliverables set forth on Exhibit C are required during the Construction Phase.
Section 5.25 Close-Out Deliverables.
The deliverables set forth in Exhibit N are required during the Project’s Close-Out and
prior to Final Payment, as set forth in Section 10.12.
Article 6 DESIGNATED REPRESENTATIVES
Section 6.1 Department’s Designated Representative.
The Department designates the individual(s) identified in Exhibit I as its representative
with express authority to bind the Department with respect to all matters requiring the Department’s
approval or authorization. Subject to the limitations on their authority specified in Exhibit I, these
representative(s) shall have the exclusive authority to make decis ions on behalf of the Department
concerning estimates and schedules, construction budgets, changes i n the Work, and execution of
Change Orders, Contract Modifications or Change Directives, and shal l 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 Dep artment to effectively manage
the Project and assure that the Design-Builder does not receive conflicting instructions regarding
the Work, the Design-Builder shall promptly notify the Departme nt’s representative upon
receiving any instructions or other communication in connection with the Design-Builder’s Work
from any employee of the Department or other purported agent of the Department other than the
Department’s designated representative.
Section 6.2 Design-Builder’s Designated Representative.
The Design-Builder designates the individual(s) identified in Exhibit H as its
representative with express authority to bind the Design-Builder with respect to all matters
requiring the Design Builder’s approval or authorization. In addition, the Department retains the
right to approve candidates to serve as on-site personnel in a ccordance with each candidate’s
experience with similar projects and local marketplace c onditions. Once approved, individuals
cannot be changed without the Department’s prior approval. During the entire term, it is agreed
that the Design Builder’s designated representative will dev ote 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 p rofessional standards
recognized and adhered to by design-builders that design and construc t Americans with Disabilities
Act (“ADA”) upgrades and projects that are similar to the Project in large urban areas.
Article 7 COMPENSATION AND PAYMENTS FOR DESIGN & PRECONSTRUCTION
PHASE SERVICES
Section 7.1 Compensation
7.1.1 The Department shall compensate and make payments to the Design-Builder for
Design & Preconstruction Services in accordance with this Artic le 7. For
Preconstruction Services, the Design-Builder’s compensation shall be as set
forth in the Project Information Section of this Agreement (the “Preconstruction
Fee”). The Preconstruction Fee shall be the Design-Builder’s sol e
compensation for Preconstruction Phase Services. The Preconstruction Fee shall
include, but not be limited to, amounts necessary to compensate the D esign-
Builder for:
• Profit;
• Home Office Overhead;
• Cost of preconstruction staff;
• Fringe Benefits associated with staff costs;
• Payroll taxes associated with staff costs;
• Staff costs associated with obtaining permits and approvals during the
design & preconstruction phase;
• Out-of-house consultants;
• Travel, Living and Relocation expenses;
• Job vehicles;
• Office equipment including but not limited to:
• Computer hardware and software;
• Fax machines; and
• Copying machines.
• Office supplies;
• Telephone; and
• Local delivery and overnight delivery costs.
7.1.2 The Department shall compensate and make payments to the Design-Builder for
design services in accordance with this Article 7 and Article 10. For design
services, the Design- Builder’s compensation shall not exceed the am ount
outlined in the Project Information Section of this Agreement (the “Design Fee”
7.2 Payment
The Department shall compensate and make payments to the Design-Builder for design services in
accordance with this Article 7 and Article 10. For design services, the Design- Builder’s
compensation shall not exceed the amount outlined in the Project Information Section of this
Agreement (the “Design Fee”
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 sha ll be in
proportion to services performed. In no event, however, will the a ggregate of the
Design-Builder’s monthly invoices for Design & Preconstruction P hase Services
exceed the Preconstruction Fee.
7.2.2 Payments are due and payable in accordance with of this Agreemen t. Amounts
unpaid after the date of which payments due shall bear interest in accordance with
the Quick Payment Act.
Article 8 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
Section 8.1 Compensation.
The Department shall compensate and make payments to the Desi gn-Builder for
Construction Phase Services in accordance with this Article 8. For the Construction Phase
Services, the Design-Builder’s compensation shall be as set f orth in the Project Information
Section of this Agreement (the “Design-Build Fee”). Design-Build Fee shall be billed in accordance
with Section 10.1 Progress Payments 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 the Design-Build Fee shall be evenly spread over the then remaining
duration of the Construction Phase.
Section 8.2 Maximum Cost of General Conditions.
The Maximum Cost of General Conditions shall be the maximum amount tha t will be reimbursed by
the Department for those costs described in Section 9.2. To the extent the Design-Builder incurs
General Conditions costs in excess of the Maximum Cost of General Conditions, the Design-Builder
shall not be entitled to reimbursement for such amounts. In such an event, the Design-Builder shall be
required to adequately staff the Project.
Section 8.3 Project Budget.
The Department has established a budget for the Project as set forth in the Information
Section of this Agreement (such budget, the “Project Budget”). Suc h Project Budget includes any
and all amounts which may be due to the Design-Builder pursuant to this Agreement, and in no event
shall the Design-Builder be entitled to recover more than the Pro ject Budget unless the Design-
Builder is authorized to exceed the Project Budget by the Department in advance and in writing.
Section 8.4 Programmatic requirements set for in the RFP.
Section 8.5 Markup on Trade Work.
The maximum markup for change order work shall be as follows:
8.5.1 For Work performed by a Subcontractor with its own forces, the
Subcontractor shall be entitled to a mark-up of not more than five percent (5%)
(covering home office overhead, the cost of insurance and bonds, field
supervision, general conditions and profit) on the Direct Costs of the Work. For
Work that the Department permits the Design-Builder to self-perform, the Design
Builder shall also be entitled to a markup of not more than five percent (5%) of
the Direct Cost of the Work. With regard to any such Work that is self-performed
by the Design-Builder, the markup contemplated in this Sectio n shall be the
Design-Builder’s exclusive compensation;
8.5.2 Intervening tier Subcontractors shall be entitled to a markup of five percent
(5%) (covering home office overhead, the cost of insurance and bo nds, field
supervision, general conditions and profit) on Work performed by lower-tier
Subcontractors;
8.5.3 In no event shall the maximum mark-up on the Direct Cost of the Work
exceed five percent (5%). Direct Cost of the Work shall mean labor, material and
other costs reasonably and necessarily incurred in the proper performance of the
Work as approved by the Department and shall include, but not be limited to:
(Direct Cost of the Work does not, however, include home office overhead, field
supervision, general conditions or profit of either the Subcon tractor or the
Design-Builder. No personnel above the level of a working foreman s hall be
considered a Direct Cost of the Work).
Section 8.6 Direct Cost of Work
“Direct Cost of the Work” shall mean labor, material and other c osts reasonably and
necessarily incurred in the proper performance of the Work as ap proved by the Department and
shall include, but not be limited to:
8.6.1 Labor . Payment will be made for direct labor cost plus indirect labor cost
such as insurance, taxes, fringe benefits and welfare provided s uch costs are
considered reasonable. Indirect costs shall be itemized and verified by receipted
invoices. If verification is not possible, up to eighteen per cent (18%) of direct
labor costs may be allowed.
8.6.2 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 exc eed rates given
in the current edition of the Rental Rate Blue Book for Construction Equipment
published by Data Quest. If actual rental rates exceed manual r ates, written
justification shall be furnished to the Contracting Officer for consideration. No
additional allowance will be made for overhead and profit. The Desig n-Builder
shall submit written certification to the Contracting Offic er that any required
rented equipment is neither owned by nor rented from the Design B uilder or an
affiliate of or subsidiary of the Design Builder.
8.6.3 Design-Builder’s Equipment . Payment for required equipment owned by
the Design-Builder or an affiliate of the Design-Builder will be based solely on
an hourly rate derived by dividing the current appropriate monthly rate by 176
hours. No payment will be made under any circumstances for repair c osts,
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 deri ved
hourly rate under this subsection.
8.6.4 Materials. Incorporated and unincorporated materials as permitted
under Section 8.7 Direct Cost of Work.
8.6.5 Direct Cost of the Work do not, however, include home office overhead,
field supervision, general conditions or profit of either the Sub contractor or the
Design-Builder. No personnel above the level of a working foreman shal l 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 following costs shall be reimbursable at cost and without mark-up:
9.1.1 Payments made by the Design-Builder to subcontractors and supplier s, but only in
accordance with the Subcontracts and Supply Agreements;
9.1.2 The Cost of General Conditions (as defined below in Section 9.2 ), subject however to
the Maximum Cost of General Conditions;
9.1.3 All amounts due to the Design-Builder under the terms of the Depart ment's written
authorization for the Design-Builder to perform any portion of the Work as Self-
Performed Work. If an authorization for the Design-Builder to engage in Self-Performed
Work is not on a fixed-price basis, then, as to that work, the following costs shall be
within the Cost of the Work:
2. Labor. Properly documented wages actually paid to Project foremen, construction
workers, and other personnel in the direct employ of the Design-Builder, while
engaged in approved Self-Performed Work, together with contributions,
assessments, payroll taxes, or fringe benefits required by the laws or applicable
collective bargaining agreements.
3. Incorporated Materials. The cost, net of trade discounts, of all materials,
products, supplies, and equipment incorporated into the Self-Performe d Work,
including, without limitation, costs of transportation and handling.
4. Unincorporated Materials. The cost of materials, products, supplies and
equipment not actually installed or incorporated into the Self-Performed Work, but
required to provide a reasonable allowance for waste or spoilage, subject to the
Design-Builder's agreement to turn unused excess materials over to the Department
at the completion of the Project or, at the Department's opti on, 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.
9.1.4 Royalty and license fees paid for use of a design, process or product, if its use is required
by the Agreement or has been approved in advance by the Department;
9.1.5 Fees for obtaining all required approvals or permits associate d with the abatement,
demolition, utilities abandonment, and utility relocation, and all trade permit fees and the
building permit fee;
9.1.6 Cost of the Design/Builder’s Architect/Engineer’s contract reimb ursed at cost and
without markup; provided, however, that such costs shall not exceed the Design Fee set
forth in this Agreement. Any amounts in excess of the Design Fee shal l not be
reimbursable as a Cost of Work;
9.1.7 All fees and other costs necessarily incurred to carry out testing and inspection required
by the Agreement, or otherwise to maintain proper quality assuranc e. The costs the
Design-Builder incurs to schedule and coordinate any additional testing and inspections
the Department may decide to conduct itself shall be reimbursable unless the additional
testing establishes that the work tested was defective or otherw ise failed to satisfy the
Agreement’s requirements, in which case the Design-Builder shall pay the costs, without
reimbursement.
9.1.8 All bonds to jurisdictional agencies (utilities, storm water management, land disturbance,
and grading); and
9.1.9 All performance and payment bonds and general liability insurance. T he Department
may, in its sole discretion, allow the Design-Builder to recover the costs of subcontractor
default insurance at a mutually agreed upon rate in lieu of trade l evel bonds, provided
that such insurance be approved by the Department in advance and after being presented
with a cost-benefit analysis of such use.
9.1.10 Costs of repairing or correcting damaged or nonconforming Work executed by t he
Architect, or Design-Builder’s other consultants, Subcontractors or suppliers, provided
that such damaged or nonconforming Work was not caused by negligence or failure to
fulfill a specific responsibility of the Design-Builder, and only to the extent that the cost
of repair or correction is not recoverable by the Design-Builder from insurance, sureties,
Subcontractors or suppliers. It is understood that the cost of repa iring, correcting
damaged or nonconforming Work that was Self-Performed shall not be re imbursable in
any event.
Section 9.2 Cost of General Conditions.
The Design-Builder’s general condition costs shall be reimbursable at cost and without mark-
up. Only the following items, however, are reimbursable: (Any other items or expenses are non-
reimbursable, and the Design-Builder shall use its fee to cover any additional cost items)
9.2.1 The cost of “construction staff”. The term construction staff s hall mean the
Project Executive, project managers and superintendents assi gned to the
Project, administrative and professional staff performing sc heduling, cost
estimating and accounting services assigned on a full-time bas is to the
Project site;
9.2.2 Fringe Benefits associated with construction staff;
9.2.3 Payroll taxes and payroll insurance associated with construction staff;
9.2.4 Staff costs associated with obtaining permits and approvals;
9.2.5 Out-of-house consultants;
9.2.6 Field office for the Design-Builder including but not limited to: (i) trailer
purchase and/or rent; (ii) field office installation, relocation and removal; (iii)
utility connections and charges during the Construction Phase; (iv) furniture; and
(v) office supplies;
9.2.7 Office equipment including but not limited to: (i) computer ha rdware and
software; (ii) fax machines; (iii) copying machines; (iv) telephone installation,
system and use charges; and (v) job radios;
9.2.8 Local delivery and overnight delivery costs;
9.2.9 Field computer network;
9.2.10 First aid facility;
9.2.11 Progress photos;
9.2.12 Printing cost for drawings, bid packages, etc.
9.2.13 BIM Cost(software, seats, hardware)
9.2.14 Other (as itemized)
Section 9.3Non-Reimbursable Costs
The following costs shall not be reimbursable:
9.3.1 All Any personnel or labor costs other than those provided for in Secti on 9.3.3
(1) or Section 9.2.1.
9.3.2 Fees for any permits or licenses the Design-Builder requires to conduct its
general business operations.
9.3.3 Capital expenses and interest on capital employed for the Work.
9.3.4 The cost of home or regional offices, it being understood that compensation for
such costs included in the Design-Build Fee and Award Fee.
9.3.5 Sales or use taxes, unless the Design-Builder establishes that applicable law
required payment of such taxes.
9.3.6 Costs due to the errors or omissions of the Design-Builder or its s ubcontractors
or suppliers at all tiers, negligent or otherwise.
9.3.7 Costs dues to breach of Contract by the Design-Builder or its sub contractors 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.
9.3.8 Any costs incurred in performing work of any kind before Preconstruction NTP,
unless specifically authorized by the Department in advance and in writing.
9.3.9 Direct or indirect costs of any kind, except those expressly include d in Section
9.1.
Section 9.4 Discounts, Rebates And Refunds.
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 De sign-Builder
included them in an Application for Payment and received paym ent 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, ref unds and
amounts received from sales of surplus materials and equip ment shall accrue
to the Department, and the Design Builder shall make provisions so that such
amounts can be secured.
9.4.2 Amounts that accrue to the Department in accordance with the pr ovisions of
Section 9.3 shall be credited to the Department as a deduction from the Cost of
the Work.
Section 9.5 Facilitating Tax Exempt Purchases.
The Department expects that the Project will qualify as t ax-exempt under applicable
laws. Upon request, the Department will provide the Design-Builder with the necessary information
relating to the tax exemption. In the event any savings are attributabl e 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 suc h controls as
may be necessary for proper financial management under the Agreement. The Design-Builder’s
accounting and control systems shall be satisfactory to the Department . The Department, its
representatives, and the Department’s accountants shall be afforded a ccess to the Design-Builder’s
records, books, correspondence, instruction, drawings, receipts, subcontr acts, purchase orders,
vouchers, memoranda and other data relating to this Project, and the Design-Bu ilder shall preserve
such documentation relating to the Project for a period of three years a fter final payment, or for
such longer period as may be required by law.
Section 9.7 Excluded Cost Elements.
It is the Department’s intent that the Design-Builder provide a turnkey soluti on for the
implementation of the Project, and the Project Budget set herein ha s been developed based on such
framework. The Design-Builder shall advance the Project in a manner consi stent with the Project
Budget with the understanding that only the following cost elements shall be exclude d from the
Project Budget set forth herein:
a) 3 rd Party Material Testing;
b) 3 rd Party Commissioning;
c) 3 rd Party Inspections;
d) Costs of active DPR equipment;
e) 3rd Party Plan Review; and
f) Public Art.
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 whi ch proper
Applications for Payment have been submitted and approved. The amount of eac h progress
payment shall be as follows:
The Cost of Work completed to date
Current approved estimated
Cost of Work through Final Completion
Minus Applicable retainage
Minus Amounts previously paid by the Department
Project Budget
Section 10.2 Retention.
The Department shall withhold from each progress payment an a mount equal to ten
percent (10%) of the payment related to: (i) each Subcontrac t 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 inv oiced, at which point the
Department may cease retaining against such item; provided, however, that retention shall not be
held on the costs of bonds, insurances, and those elements of the gener al requirements which
consist of a single, insolated effort such as dumpster disposal and safety carpentry. The Department
may elect to increase the retention on any trade Subcontractor up to ten percent (10%) in the event the
Department determines that the situation so warrants. The Depar tment, 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-Perform ed 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) exe cution of appropriate waivers of
lien and releases of claims. However, in no event shall the tot al 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 Documents Required with Application for Payment.
Each Application for Payment shall be accompanied by the Des ign-Builder’s job cost ledgers in a
form satisfactory to the Department, the Subcontractors’ and Suppliers’ Applications for Payment on
AIA Documents G702 and G703 or other form acceptable to the Department, and such other
supporting documentation as the Department may reasonably request. Each Application for Payment
shall include detailed documentation of costs as a condition to appro ving progress payments, but the
Design-Builder shall nevertheless maintain complete documentation of the costs.
An executed Release of Liens and Claims in the format required by the Contracting Officer must
accompany each Application for Payment.
Section 10.4 Stored Materials.
The Department shall not be required to pay for materials stored at the site or stored at
other locations absent prior written authorization to do so, which authorization may be withheld at the
Department's sole discretion. If the Department expressly agrees to pay for materials stored at the site
but not yet incorporated into the Work, the Application for Payment may also include a request for
payment of the cost of such materials, if the materials have b een delivered to the site, and suitably
stored. Such requests shall be documented by appropriate invoices and bills of sale. Payment for
stored materials shall be conditioned also on the Design-Builder’s representation that it has inspected
the material and found it to be free from defect and otherwise in conformity with this Agreement,
and on satisfactory evidence that the materials are insured under the builder’s risk policy. Further, if
the Design-Builder requests the Department to allow payment s for storage of materials offsite, the
Design-Builder shall be required, inter alia, to agree to exec ution of proper documentation to afford
the Department a secured interest in the materials upon payment.
Section 10.5 Design-Builder’s Certification.
Each Application for Payment shall be accompanied by the Design -Builder's signed
certification that:
Section 10.5.1. all amounts paid to the Design-Builder on the previous
Application for Payment that were attributable to Subcon tractor Work or to
materials or equipment being supplied by any supplier have been paid over to the
appropriate Subcontractors and suppliers;
Section 10.5.2. that all amounts currently sought for Subcontractor Work or
supply of materials or equipment are currently due and owing to the
Subcontractors and material or equipment suppliers;
Section 10.5.3. that all Work, materials or equipment for which payment is
sought is, to the best of the Design-Builder's knowledge, free from defect and
meets all of the requirements set forth in the Agreement: and that
Section 10.5.4. that the Design-Builder’s subcontracts include the clauses
required by subparagraphs (1) through (4) of D.C. Official Code §2- 221.02(d)
(2017).
Section 10.5.5. The Design-Builder shall not include in an Application for
Payment amounts for Work for which the Design-Builder does not intend to
pay.
Section 10.6 Lien Waivers.
Each Application for Payment shall be accompanied by written waivers of the right to file
a mechanic’s lien and all other claims, in a form substanti ally similar to Exhibit K for the Design
Builder and all Subcontractors and material suppliers at all tiers who have supplied labor or material
or both for which payment is requested, subject only to receipt of payment. If the Department so
requests, the Design-Builder shall also submit unconditional wa ivers 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 waive r acknowledging receipt of
final payment under the Agreement and providing final release of such li ens.
Section 10.7 Warranty of Title.
By submitting an Application for Payment, the Design-Builder wa rrants to the
Department that title to all Work for which payment is soug ht will pass to the Department, without
liens, claims, or other encumbrances, upon the receipt of payment b y the Design-Builder. The
Department may require execution of appropriate documents t o 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 Comple tion, unless otherwise agreed by the
Department, in writing.
Section 10.8 Submission.
On the twenty-fifth day of each month the Design-Builder shall submi t to the Department
(with a copy to the Program Manager) an Application for Payment, which Application for Payment
shall cover the entire month during which the Application for Payment is submitted. All amounts
formally submitted via Application for Payment and not disputed by the Department shall be due and
payable on the last day of the month following submission or, if that i s 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 w ith its good faith determination
and the Design-Builder may protest and pursue a claim as provided in t his Agreement and the
Standard Contract Provisions (Construction Contracts and Archi tectural and Engineering Services
Contracts).
Section 10.9 Right to Withhold Payments.
The Department will notify the Design-Builder within fifteen (15) days after receiving any
Application for Payment of any defect in the Application for Paym ent 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-B uilder, in whole or part, as
appropriate, if:
10.9.1 the Work is defective and such defects have not been
remedied; or
10.9.2 the Department has determined that the Design-Builder’s
progress has fallen behind the Project Schedule, and the
Design-Builder fails, within ten (10) calendar days of the
Department’s written demand, to provide the Department
with a realistic and acceptable Recovery Plan in accordance
with 5.18; or
10.9.3 the Design-Builder's monthly schedule update reflects that the
Design-Builder has fallen behind the Project Schedule, and
the Design-Builder fails to include, in the same monthly
report, a realistic and acceptable Recovery Plan in
accordance with 5.18; or
10.9.4 the Design-Builder has failed to provide reports in full
compliance with 5.5 of this Agreement; or
10.9.5 the Design-Builder has failed to pay Subcontractors or
suppliers promptly or has made false or inaccurate
certifications that payments to Subcontractors or suppliers
are due or have been made; or
10.9.6 any mechanic’s lien has been filed against the Department,
the site or any portion thereof or interest therein, or any
improvements on the site, even though the Department has
paid all undisputed amounts due to the Design-Builder, and
the Design-Builder, upon notice, has failed to remove the
lien, by bonding it off or otherwise, within ten (10) calendar
days; or
10.9.7 the Department has reasonable evidence that the Work will
not be completed by the Substantial Completion Date, as
required, that the unpaid balance of the GMP would not be
adequate to cover actual or liquidated damages arising from
the anticipated delay; or
10.9.8 the Department has reasonable evidence that the Work cannot
be completed for the unpaid balance of the GMP; or
10.9.9 the Design-Builder is otherwise in substantial breach of this
Agreement (including, without limitation, failures to comply
with LSDBE Utilization requirements.
10.9.10 the Application for Payment is incomplete, unsubstantiated
and/or does not contain sufficient documentation for evaluation by
the Contracting Officer.
Section 10.10 Payment Not Acceptance.
Payment of any progress payment or final payment shall not consti tute acceptance of
Work that is defective or otherwise fails to conform to the Agr eement, or a waiver of any rights or
remedies the Department may have with respect to defective or nonconforming Work.
Section 10.11 Department Not Obligated to Others.
The Department shall have no obligation to pay or be responsible in any way for payments to
a consultant or Subcontractor performing portions of the Work.
Section 10.12 Final Payment.
A final payment (“Final Payment”) shall be made by the Dep artment to the Design-Builder
when: (i) Final Completion has been achieved; (ii) all deli verables set forth in 5.14, and Exhibit N
have been delivered to and are accepted by the Department; ( iii) the Design-Builder provides the
Department a complete set of product manuals (O&M), traini ng videos, and warranties, as
applicable; and (iv) a complete final Application for Payment and a final accounting for the Cost of
the Work have been submitted by the Design-Builder and reviewed by the Department and, to the
extent the Department determines appropriate, the Department’s accountants. The Department shall
make Final Payment not more than thirty (30) days after the Depart ment verifies the amount of the
final payment set forth in a complete final Application for Payment.
10.12.1The amount of the Final Payment shall be calculated as follow s:
10.12.1.1 Take the sum of the Cost of the Work substantiated by the
Design-Builder’s final accounting and the Design-Build Fee; bu t not
more than the GMP.
10.12.1.2 Subtract amounts, if any, for which the Department
withholds pursuant to the Agreement.
10.12.1.3 Subtract the aggregate of previous payments made by the
Department. (If the aggregate of previous payments made by the
Department exceeds the amount due the Design- Builder, the Design-
Builder shall promptly reimburse the difference to the Departme nt).
10.12.1.4 The Final Payment shall take into account any savings
accruing to the Department or the Design-Builder.
10.12.2The Department will review and report in writing on the Des ign-
Builder’s final accounting within 30 days after delivery of t he final
accounting to the Department by the Design-Builder. Based upon
Department’s determination of the Cost of the Work, and provided the
other conditions of Section 13.1 have been met, the Department will,
within fifteen (15) days after the Department’s determination, notify
the Design-Builder of any amount that the Department will withho ld
and the reasons therefor. The time periods stated in this Para graph
10.12 supersede those for typical progress payments.
10.12.3 If the Department determines that the Cost of the Work is than
claimed by the Design-Builder, the Design-Builder shall be enti tled
to proceed in accordance with Article 3 of the Standard Contract
Provisions. Pending a final resolution of the disputed amount, the
Department shall pay the Design-Builder the amount that the
Department determines to be appropriate.
Article 11 - INSURANCE
INSURANCE
A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and maintain,
during the entire period of performance under this contract, the type s of insurance specified
below. The Contractor shall have its insurance broker or insurance company submit a Certificate
of Insurance to the CO giving evidence of the required coverage prior t o commencing
performance under this contract. In no event shall any work be perfor med until the required
Certificates of Insurance signed by an authorized representative of the insurer(s) have been
provided to, and accepted by, the CO. All insurance shall be written with financially responsible
companies authorized to do business in the District of Columbia or in the jurisdiction where the
work is to be performed and have an A.M. Best Company rating of A- / VII or higher. Should
the Contractor decide to engage a subcontractor for segments of the work under this contract and
wish to propose different insurance requirements than outlined below, then, prior to
commencement of work by the subcontractor, the Contractor shall subm it in writing the name
and brief description of work to be performed by the subcontractor on the Subcontractors
Insurance Requirement Template provided by the CA, to the Office of Risk Management
(ORM). ORM will determine the insurance requirements applicabl e to the subcontractor and
promptly deliver such requirements in writing to the Contractor a nd the CA. The Contractor
must provide proof of the subcontractor's required insurance prior to commencement of work by
the subcontractor. If the Contractor decides to engage a subcontract or without requesting from
ORM specific insurance requirements for the subcontractor, such s ubcontractor shall have the
same insurance requirements as the Contractor.
General liability, commercial auto, workers' compensation and prope rty insurance policies (if
applicable to this agreement) shall contain a waiver of subrogation provision in favor of the
Government of the District of Columbia.
The Government of the District of Columbia shall be included in all policies required hereunder
to be maintained by the Contractor and its subcontractors (excep t for workers’ compensation
and professional liability insurance) as an additional insureds for claims against The Government
of the District of Columbia relating to this contract, with the understanding that any affirmative
obligation imposed upon the insured Contractor or its subcontractors ( including without
limitation the liability to pay premiums) shall be the sole obligation of the Contractor or its
subcontractors, and not the additional insured. The additional insured sta tus under the
Contractor’s and its subcontractors’ Commercial General Liabi lity insurance policies shall be
effected using the ISO Additional Insured Endorsement form CG 20 10 11 85 (or CG 20 10 07
04 and CG 20 37 07 04) or such other endorsement or combination of endorsements pr oviding
coverage at least as broad and approved by the CO in writing. Al l of the Contractor’s and its
subcontractors’ liability policies (except for workers’ comp ensation and professional liability
insurance) shall be endorsed using ISO form CG 20 01 04 13 or its equivale nt so as to indicate
that such policies provide primary coverage (without any right of contr ibution by any other
insurance, reinsurance or self-insurance, including any deductible or retention, maintained by an
Additional Insured) for all claims against the additional insured ar ising 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 poli cies shall include a separation of
insureds clause applicable to the additional insured.
If the Contractor and/or its subcontractors maintain broader cove rage and/or higher limits than
the minimums shown below, the District requires and shall be entit led 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 Contra ctor shall provide evidence
satisfactory to the CO with respect to the services performe d that it carries a CGL policy,
written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc. (“ISO”)
form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad and
approved by the CO in writing), covering liability for all ongoing and completed operations
of the Contractor, including ongoing and completed operations under all subc ontracts, and
covering claims for bodily injury, including without limitation sickness, disease or death of
any persons, injury to or destruction of property, including loss of use r esulting therefrom,
personal and advertising injury, and including coverage for liability arising out of an Insured
Contract (including the tort liability of another a ssumed in a contract) and acts of terrorism
(whether caused by a foreign or domestic source). Such coverage shall have limits of liability
of not less than $1,000,000 each occurrence, a $2,000,000 general aggregate (including a per
location or per project aggregate limit endorsement, if applicab le) limit, a $1,000,000
personal and advertising injury limit, and a $2,000,000 products-completed o perations
aggregate limit including explosion, collapse and underground hazards.
The contractor should be named as an additional insured on the applicable
manufacturer’s/distributer’s Commercial General Liability p olicy using Insurance Services
Office, Inc. (“ISO”) form CG 20 15 04 13 (or another occurrence-based form with coverage
at least as broad).
DGS should collect, review for accuracy and maintain all warranties for goods and services.
2. Automobile Liability Insurance - The Contractor shall provide evide nce 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 t he CO in writing)
including coverage for all owned, hired, borrowed and non-owned vehicles and equip ment
used by the Contractor, with minimum per accident limits equal to the greater of (i) the limits
set forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000 per
occurrence combined single limit for bodily injury and property damage.
3. Workers’ Compensation Insurance - The Contractor shall provide evidenc e satisfactory to
the CO of Workers’ Compensation insurance in accordance with the s tatutory mandates of
the District of Columbia or the jurisdiction in which the contract is performed.
Employer’s Liability Insurance - The Contractor shall provide evi dence satisfactory to the
CO of employer’s liability insurance as follows: $500,000 per accident for injury; $500,000
per employee for disease; and $500,000 for policy disease limit.
All insurance required by paragraphs 1,2 and 3 shall include a waiver of subrogation
endorsement for the benefit of Government of the District of Columbia.
4. Cyber Liability Insurance - The Contractor shall provide e vidence satisfactory to the
Contracting Officer of Cyber Liability Insurance, with limit s not less than $2,000,000 per
occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond
to the duties and obligations as is undertaken by Contractor in this a greement and shall
include, but not limited to, claims involving infringement of intellectual property, including
but not limited to infringement of copyright, trademark, trade dress, i nvasion of privacy
violations, information theft, damage to or destruction of electronic inf ormation, release of
private information, alteration of electronic information, extortion and network security. The
policy shall provide coverage for breach response costs as well as regulatory fines and
penalties as well as credit monitoring expenses with limits sufficient to respond to these
obligations. Limits may not be shared with other lines of coverage. A copy of the cyber
liability policy must be submitted to the Office of Risk Management (ORM) for compliance
review.
5. Environmental Liability/Contractors Pollution Liability Insurance - The Contractor shall
provide evidence satisfactory to the CO of environmental liability insurance covering losses
caused by pollution or other hazardous conditions arising from ongoing or complet ed
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 investigation, civil fines, penalties and damages or settlements.
There shall be neither an exclusion nor a sublimit for mold or f ungus-related claims. The
minimum limits required under this paragraph shall be equal t o the greater of (i) the limits
set forth in the Contractor’s pollution liability policy or (ii) $2,000,000 per occurrence and
$2,000,000 in the annual aggregate. If such coverage is written on a claims-made basis, the
Contractor warrants that any retroactive date applicable to coverages under the policy
precedes the Contractor’s performance of any work under the Contr act and that continuous
completed operations coverage will be maintained for at least ten (10) years or an extended
reporting period shall be purchased for no less than ten (10) years after completion.
The Contractor also must furnish to the CO - Owner certificates of insurance evidencing
environmental liability insurance maintained by third party transport ation and disposal site
operators(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.
6. Installation-Floater Insurance - For projects not involving struct ural alterations, the
contractor shall provide an installation floater policy with a limit equal to the Property values
being installed as part of the project. The policy shall cover p roperty while located at the
project site, at temporary locations, or in transit; deductibl es will be the sole responsibility
of the contractor.
7. Professional Liability Insurance (Errors & Omissions) - The Cont ractor 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 eac h wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retr oactive date
precedes the date the Contractor first performed any profes sional 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 l east ten years after the
completion of the professional services. Limits may not be shar ed with other lines of
coverage.
8. Sexual/Physical Abuse & Molestation - The Contractor shall provi de evidence satisfactory
to the Contracting Officer with respect to the services perfor med that it carries $1,000,000
per occurrence limits; $2,000,000 aggregate of affirmative abuse and m olestation liability
coverage. Coverage should include physical abuse, such as sexual or other bodily harm and
non-physical abuse, such as verbal, emotional or mental abuse; any actual, threatened or
alleged act; errors, omission or misconduct. This insurance requirement will be considered
met if the general liability insurance includes an affirmative sexual abuse and molestation
endorsement for the required amounts. So called “silent” coverage or “shared” limits under
a commercial general liability or professional liability poli cy will not be acceptable. Limits
may not be shared with other lines of coverage. The applicable pol icy may need to be
submitted to the Office of Risk Management (ORM) for compliance review.
9. Commercial Umbrella or Excess Liability - The Contractor s hall provide evidence
satisfactory to the CO of commercial umbrella or excess li ability insurance with minimum
limits equal to the greater of (i) the limits set forth in th e Contractor’s umbrella or excess
liability policy or (ii) $5,000,000 per occurrence and $5,000,000 in the annual aggrega te,
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 requir ed 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 m aintained by the District
and the “other insurance” provision must be amended in accordance wi th this requirement
and principles of vertical exhaustion.
C. PRIMARY AND NONCONTRIBUTORY INSURANCE
The insurance required herein shall be primary to and will not seek contribution from any other
insurance, reinsurance or self-insurance including any deductible or retention, maintained by the
Government of the District of Columbia.
D. DURATION. The Contractor shall carry all required insurance unti l all contract work is
accepted by the District of Columbia and shall carry listed cove rages for ten years for
construction projects following final acceptance of the work perf ormed under this contract and
two years for non-construction related contracts.
E. LIABILITY. These are the required minimum insurance requirement s established by the
District of Columbia. However, the required minimum insurance require ments provided above
will not in any way limit the contractor’s liability under this contract.
F. CONTRACTOR’S PROPERTY. Contractor and subcontractors are s olely responsible for any
loss or damage to their personal property, including but not limite d to tools and equipment,
scaffolding and temporary structures, rented machinery, or owned and lea sed equipment. A
waiver of subrogation shall apply in favor of the District of Columbia.
G. MEASURE OF PAYMENT. The District shall not make any separate measure or payment for
the cost of insurance and bonds. The Contractor shall include all of t he costs of insurance and
bonds in the contract price.
H. NOTIFICATION. The Contractor shall ensure that all policie s provide that the CO shall be
given thirty (30) days prior written notice in the event of coverage and / or limit changes or if
the policy is canceled prior to the expiration date shown on the certificate. The Contractor shall
provide the CO with ten (10) days prior written notice in the event of non-payment of premium.
The Contractor will also provide the CO with an updated Certifi cate of Insurance should its
insurance coverages renew during the contract.
I. CERTIFICATES OF INSURANCE. The Contractor shall submit c ertificates of insurance
giving evidence of the required coverage as specified in this section prior to commencing work.
Certificates of insurance must reference the corresponding contract number. Evidence of
insurance shall be submitted to:
The Government of the District of Columbia
And emailed to the attention of:
Suzi Tabot
Department of General Services
3924 Minnesota Avenue NE | 5 th Floor
Washington, DC 20019
(202)-666-9706
suzi.tabot@dc.gov
The CO may request and the Contractor shall promptly deliver updat ed 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 pr ior to completion of the contract,
renewal certificates of insurance and additional insured and other e ndorsements shall be
furnished to the CO prior to the date of expiration of all such initial insurance. For all coverage
required to be maintained after completion, an additional certificate of insurance evidencing such
coverage shall be submitted to the CO on an annual basis as the coverage is renewed (or
replaced).
J. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may disclose the
name and contact information of its insurers to any third party which p resents a claim against
the District for any damages or claims resulting from or arisi ng out of work performed by the
Contractor, its agents, employees, servants or subcontractors in the performance of this contract.
K. CARRIER RATINGS. All Contractor’s and its subcontractors’ insurance required in connection
with this contract shall be written by insurance companies wit h an A.M. Best Insurance Guide
rating of at least A- VII (or the equivalent by any other rating agency) and licensed in the District.
Article 12 BONDS
Section 12.1 Performance Bond and Payment Bond.
The Design-Builder shall, before commencing the Construction Phase , provide to the
Department a payment bond and performance bond, each with a penal sum equal to the full value of
the GMP. In addition to the delivery of the performance and payment bonds, the Design-Builder must
deliver to the Contracting Officer a copy of the executed A greement of Indemnity under which
the bonds were issued. Such bond shall remain in full force and effect u ntil Final Completion is
achieved and the Department shall be able to draw upon such bond r egardless 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-Builde r shall require all Subcontractors
whose Subcontract prices exceed One Hundred Thousand Dollars ($100,000.00) to provide payment
and performance bonds, with a penal sum equal to one hundred percent (100%) of the subcontract price.
Further, the Design-Builder must deliver to the Contracting Offi cer copies of its Subcontractor’s
Agreements of Indemnity. All bonds must be in a form acceptable to the Department, its lenders
or bond trustee, and issued by a surety authorized to do business in the District of Columbia and
bonding company listed on the United States Department of Treasury’s Listing of Approved Sureties.
All subcontractors’ bonds must include a dual obligee rider, naming the Design-Builder and the
Department as dual obligees. If the Guaranteed Maximum Pric e is increased pursuant to the terms
of the Agreement, the Department may require that the amount of t he bonds be increased in the
amount of one hundred percent (100%) of the increase, and the D esign-Builder shall promptly
comply. The Design-Builder shall furnish a copy of its bonds to any pot ential beneficiary of the
bonds, or permit that person or company to make a copy. If the bonds pr ovided become
unacceptable to the Department, the Design-Builder shall promp tly 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.
Section 13.1.1 If the Design-Builder is not a certified business entity
(CBE), the Design Builder shall subcontract 35% of the Contract effort to
small business enterprises (SBEs). For subcontracted work, pass through
entities will not count toward this goal. In order to count toward t he
subcontracting requirement, the SBE must perform at least thirty five
percent (35%) of the work that is being counted toward the goal wit h its
own forces. The LSDBE certification shall be, in each case , as of the
effective date of the applicable subcontract. Supply agreem ents with
material suppliers shall be counted toward meeting this goal. T he
Design-Builder has developed a Subcontracting Plan that is at tached
hereto as Exhibit D . The Design-Builder shall comply with the terms of
the SBE Subcontracting Plan in making purchases and administering its
subcontracts and supply agreements.
Section 13.1.2 Mandatory Subcontracting Plan and Requirements.
Section 13.1.2.1 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, for all contracts in
excess of $250,000, at least 35% of the dollar volume of the
contract shall be subcontracted to SBEs.
Section 13.1.2.2 If there are insufficient SBEs to completely
fulfill the requirement of Section 13.1.2.1, 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 subcontrac ting
work.
Section 13.1.2.3 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 13.1.2.1
and 13.1.2.2.
Section 13.1.2.4 Except as provided in 13.1.2.5 and 13.1.2.6,
a prime contractor that is a CBE and has been granted a
proposal preference pursuant to D.C. Official Code § 2218.43, or
is selected through a set-aside program, shall perform at lea st
35% of the contracting effort with its own organization and
resources and, if it subcontracts, 35% of the subcontracting effort
shall be with CBEs. A CBE prime contractor that performs le ss
than 35% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
Section 13.1.2.5 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 jo int
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 13.1.2.6 Each CBE utilized to meet these
subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
Section 13.1.2.7 A prime contractor that is a CBE and has been
granted a proposal preference pursuant to D.C. Official Code § 2-
218.43, or is selected through a set-aside program, shall perform
at least 50% of the on-site work with its own organization and
resources if the contract is $1 million or less.
Section 13.1.2.8 Subcontracting Plan
If the Design-Builder is required by law to subcontract under
this Contract, it must submit a Subcontracting Plan in
accordance with D.C. Official Code § 2-218.46 (d). The
Subcontracting Plan may only be amended with the prior
written approval of the Contracting Officer (CO) and Director
of DSLBD. 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 13.1.2.9 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Design-
Builder shall provide fully executed copies of all subcontracts
identified in the subcontracting plan to the Contracting Offi cer
(CO), City Administrator (CA), District of Columbia Auditor and
the Director of DSLBD.
Section 13.1.2.10 Subcontracting Plan Compliance Reporting
Section 13.1.2.10.1 If the Design-Builder has a
subcontracting plan required by law for this
contract, the Contractor shall submit a quarterly
report to the CO, CA, District of Columbia
Auditor and the Director of DSLBD. The
quarterly report shall include the following
information for each subcontract identified in the
subcontracting plan:
(A) The price that the prime contractor will pay
each Subcontractor under the subcontract;
(B) A description of the goods procured or the
services subcontracted for;
(C) The amount paid by the prime contractor under
the subcontract; and
(D) A copy of the fully executed subcontract, if it was
not provided with an earlier quarterly report.
Section 13.1.2.10.2 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 13.1.2.11 Annual Meetings
Upon at least 30-days written notice provided by DSLBD,
the Design-Builder shall meet annually with the CO, CA,
District of Columbia Auditor and the Director of DSLBD to
provide an update on its subcontracting plan.
Section 13.1.2.12 DSLBD Notices
The Design-Builder shall provide written notice to the DSLBD
and the District of Columbia Auditor upon commencement of
the contract and when the contract is completed.
Section 13.1.2.13 Enforcement and Penalties for Breach of
Subcontracting Plan
Section 13.1.2.13.1 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 information in a reasonably timely
manner; (ii) submits a monitoring or compliance report
or other required subcontracting information
containing a materially false statement; or (iii) fails to
meet its subcontracting requirements.
Section 13.1.2.13.2 A contractor that is found to have
breached its subcontracting plan for utilization of CBEs
in the performance of a contract shall be subject to the
imposition of penalties, including monetary fines in
accordance with D.C. Official Code § 2-218.63.
Section 13.1.2.14 If the CO determines the Contractor’s failure
to be a material breach of the contract, the CO shall have ca use
to terminate the contract under the default provisions in Article
8 of the Standard Contract Provisions, Default.
Section 13.1.2.15 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 on the Project.
Section 13.2 Equal Employment Opportunity and Hiring of District Residents
13.2.1 For contracts for services in the amount of $300,000 or more, the Design-Bui lder
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”).
13.2.2 The Design-Builder shall enter into and maintain during the term of the Contract, a
First Source Employment Agreement (Employment Agreement) ( Exhibit X ) with the
District of Columbia Department of Employment Service’s (DOES), in which the Design-
Builder shall agree that: (a) The first source for finding employees to fill all jobs created in
order to perform the Contract shall be the First Source Regis ter; and (b) The first source
for finding employees to fill any vacancy occurring in all jobs covered by the Employment
Agreement shall be the First Source Register.
13.2.3 If applicable, the Design-Builder shall comply with subchapter X of Chapter II of
Title 2, and all successor acts thereto, including by not limited to the Workforce
Intermediary Establishment and Reform of First Source Amendment Act of 2011, and the
rules and regulations promulgated thereunder, including, but not limited to the following
requirements:
a) At least twenty percent (20%) of journey worker hours by trade s hall be performed by
District residents;
b) At least sixty percent (60%) of apprentice hours by trade s hall 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.
13.2.4 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.
13.2.5 The Design-Builder agrees that at least 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 the Agreement, or a fter such subconsultant or
subcontractor enters into a contract with the Design-Builder, to wor k on the Project shall
be residents of the District of Columbia. This percentage shall be applied in the aggregate,
and not trade by trade.
13.2.6 The Design-Builder’s hiring and reporting requirements under the First Source Act
and any rules promulgated thereunder shall continue for the term of the Contract.
13.2.7 The CO may impose penalties, including monetary fines of 5% of the t otal amount
of the direct and indirect labor costs of the Contract, for a willful breach of the Employment
Agreement, failure to submit the required hiring compliance repor ts, or deliberate
submission of falsified data.
13.2.8 If the Design-Builder does not receive a good faith waiver, the CO may also impose
an additional penalty equal to 1/8 of 1% of the total amount of the direct and indirect labor
costs of the Contract for each percentage by which the Design-Buil der fails to meet its
hiring requirements.
13.2.9 Any contractor which violates, more than once within a 10-year timefr ame, the
hiring or reporting requirements of the First Source Act shall be referred for debarment for
not more than five (5) years.
13.2.10 The Design-Builder may appeal any decision of the CO pursuant to thi s clause to
the DC Contract Appeals Board located at 441 4th Street, NW, Suite 350N, Washington,
DC 20001.
13.2.11 The provisions of the First Source Act do not apply to nonprofit organi zations
which employ 50 employees or less.
13.2.12 Construction projects or contracts covered by this Section 13.9 of the Contract
shall be subject to the hiring and reporting requirements set fort h in this Section until
construction is completed and a final certificate of occupancy has been issued.
13.2.13 Equal Employment Opportunity (“EEO”) . The Design-Builder has executed
and submitted an EEO policy form (Exhibit E ).
Section 13.3 Economic Inclusion Reporting Requirements
Section 13.3.1 Upon execution of the Agreement, the Design-Builder and all
its member firms, if any, and each of its Subcontractors shall submit to the
Department a list of current employees and apprentices that will be assigned
to the Agreement, the date they were hired and whether or not they l ive in
the District of Columbia.
Section 13.3.2 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 rule s and
regulations promulgated thereunder. The Design Builder and all member
firms and
Subcontractors shall execute a First Source Agreement with the District of
Columbia Department of Employment Services (“DOES”) prior to
beginning Work at the Project site.
Section 13.3.3 The Design-Builder shall maintain detailed records relating
to the general hiring of District of Columbia and community residents.
Section 13.3.4 The Design-Builder shall be responsible for: (i) including
the provisions of Section 11.3 in all subcontracts; (ii) collecti ng the
information required in Section 11.3 from its Subcontractors; a nd (iii)
providing the information collected from its Subcontractors in t he reports
required to be submitted by the Design-Builder pursuant to Secti on 13.3.
Section 13.3.5 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 R , as amended (codified at D.C.
Official Code §§ 2-220.01 et seq.) and its implementing regulations.
Section 13.4 Compliance with the Apprenticeship Act.
The D.C. Apprenticeship Act of D.C. Law 2-156, (as amended, the Act) may apply to these
Projects. As applicable, the Design-Builder firms and their subcontractors selected to perform
work on the Projects on a craft-by-craft basis may be required to comply with the Act. If
applicable, all terms and conditions of the D.C. Apprenticeship Council Rules and Regulations
shall be implemented, and the selected Design-Builder firms shall be liable for any subcontractor
non-compliance. Thirty five percent (35%) of all apprentice hours worked on the Project shall be
worked by District residents.
Article 14 LIQUIDATED DAMAGES
Section 14.1 RESERVED
Section 14.2 RESERVED
Section 14.3 Delay in Substantial Completion.
If the Design-Builder fails to achieve Substantial Comple tion of the Project by the
Substantial Completion Date, the Parties acknowledge and agr ee that the actual damage to the
Department for the delay will be impossible to determine, and in lieu thereof, the Design-Builder
shall pay to the Department, as fixed, agreed and liquidated delay damages in the amount set forth
in the Project Information Section of this Agreement per day for each calendar day of delay
for failure to meet the applicable Substantial Completion Date.
The Design-Builder and the Department agree that the liquida ted damages set forth in
this Article do not constitute, and shall not be deemed, a penal ty but represent a reasonable
approximation of the damages to the Department associated wit h 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 Standar d Contract Provisions. In the
event the Design Builder fails to meet the Substantial Completion Date for more than sixty days,
the Design-Builder consents to a Termination for Default.
Section 14.4 Early Completion.
In the event the Design-Builder achieves Substantial Complet ion of the Project prior
to the Substantial Completion Date, the Design-Builder shall m aintain the completed Project,
at its own expense, until such time that the Department agree s to occupy and use the Project
for its intended use.
Article 15 MISCELLANEOUS PROVISIONS
Section 15.1 Ownership and Use of Documents.
The Drawings, Specifications and other documents prepared by the Design-Builder
and copies thereof furnished to the Design Builder, are for use solely with respect to this Project.
They are not to be used by the Design Builder, Subcontractors, Sub- subcontractors or suppliers
on other projects, or for additions to this Project outside the scop e of the Work, without the
specific written consent of the Department, and the Design-Bui lder. The referenced Drawing,
Specifications and other documents shall become the property of the Department.
Section 15.2 Assignment.
The Department and Design-Builder respectively bind themselves , their partners,
members, joint venturers, constituent entities, successors, assigns and legal representative to the
other party hereto and to partners, members, joint venturers, consti tuent 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 Agr eement shall assign the
Agreement or its rights and obligations under the Agreement, without written consent of the other
party. If either party attempts to make such an assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations under the Agreement.
Section 15.3 Buy American Act Provision.
The Design-Builder shall comply with the provisions of the Buy Americ an Act (41 U.S.C. §§
8301–8305), including, but not limited to, the purchase of steel. To the extent t hat the language
in this section contradicts the language under Article 24 of The Depar tment Standard Contract
Provisions for Construction Contracts and Article 15 (C) of the Depar tment Standard Contract
Provisions for Architectural and Engineering Services Contracts (Exhibit J1 and J2) regarding
compliance with the Buy American Act, the language in this section should supersede.
Section 15.3.1 In accordance with the Buy American Act (41 U.S.C. §§ 8301–8305), and
Executive Order 10582, December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended
by Executive Order 11051, September 27, 1962 (3 CFR, 1059—63 Comp., p. 635), the
Design-Builder agrees that only domestic construction material will be used by the Design-
Builder, subcontractors, material men and suppliers in the performance of the Agreement,
except for non-domestic material listed in the Agreement.
“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.
“Domestic end product”, as used in this section, means, (1) an unmanufactured end
product mined or produced in the United States, or (2) an end product manufactured in the
United States, if the cost of its components mined, produced, or manufac tured in the
United States, exceeds 65 percent of the cost of all its comp onents. For an end product
that consists wholly or predominantly of iron or steel or a combination of both, the cost of
foreign iron and steel must constitute less than 5 percent of the cost of all the components
used in the end product.
Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing i n the Unites States is
considered domestic.
“End Products”, as used in this Section, means those articles, materials, and supplies to be
acquired for public use under this Contract.
The Design-Builder shall deliver only domestic end products, except those:
1.For use outside the United States;
2.That the District determines are not mined, produced, or manufactured in the United
States in sufficient and reasonably available commercial quanti ties 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 manufactur ed in the United States and
if the cost of its components which have been mined, produced, or ma nufactured in the
United States exceeds 65 percent of the cost of all its component s. “Component” means
any article, material, or supply directly incorporated in construct ion material. If the
construction material consists wholly or predominantly of iron or stee l, 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 m aterial
manufactured in the United States if the cost of foreign iron and steel constitutes less than
5 percent of the cost of all the components used in such construction material.
Section 15.3.3 Domestic Component. A component shall be considered to have been
“mined, produced, or manufactured in the United States” regardless of i ts source, in fact,
if the article, material, or supply in which it is incorporated was manufactured in the United
States and the component is of a class or kind determined by the Gove rnment 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 Provision.
The Design-Builder agrees that the construction work performed under this Agreement shall be
subject to the Davis-Bacon Act (40 U.S.C. §§ 3142-3148) and Title 29 Code of Federal
Regulations (“CFR”) Exhibit G . The wage rates applicable to this Project are attached a s
Exhibit G . The Design-Builder further agrees that it and all of its subcontractors shall comply
with the regulations implementing the Davis-Bacon Act and Title 29 CFR and such regulations
are hereby incorporated by 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 Contractor under the Quick Payment Act,
D.C. Official Code §2-221.01 et seq ., for the period
beginning on the day after the required payment date and
ending on the date on which payment of the amount is
made. Interest shall be calculated at the rate of 1% per
month. No interest penalty shall be paid if payment for the
completed delivery of the item of property or service is
made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15 th day after the required payment date for any other item.
Section 15.5.1.2 Any amount of an interest penalty which remains
unpaid at the end of any 30day period shall be added to the
principal amount of the debt and thereafter interest penaltie s
shall accrue on the added amount.
Section 15.5.2 Payments to Subcontractors
Section 15.5.2.1 The Contractor must take one of the
following actions within seven (7) days of receipt of any
amount paid to the Contractor 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 Subcontract or for work
performed under the contract; or
b) Notify the District and the Subcontractor, in writing, of the Contr actor’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 Contractor 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% p er
month. No interest penalty shall be paid on the following if
payment for the completed delivery of the item of property or
service is made on or before:
a) the 3rd day after the required payment date for meat or a meat product;
b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15 th day after the required payment date for any other item.
Section 15.5.2.3 Any amount of an interest penalty which
remains unpaid by the Contractor 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 Contractor and
Subcontractor relating to the amounts or entitlement of a
Subcontractor to a payment or a late payment interest
penalty under the Quick Payment Act does not constitute a
dispute to which the District of Columbia is a party. The
District of Columbia may not be interpleaded in any judicial
or administrative proceeding involving such a dispute.
Section 15.5.3 Subcontract flow-down requirements
Section 15.5.3.1 The Contractor shall include in each
subcontract under this contract a provision requiring the
Subcontractor to include in its contract with any lower-
tier Subcontractor or supplier the payment and interest
clauses required under paragraphs (1) and (2) of D.C.
Official Code §2-221.02(d).
Section 15.5.4 Requirements for Change Order payments
Section 15.5.4.1 The Department and the Contractor are
prohibited from requiring a prime contractor or a Subcontractor
to undertake any work that is determined to be beyond the
original scope of the prime contractor's or a Subcontractor's
contract or subcontract, including work under a District-issued
change order, when the additional work increases the contract
price beyond the not-to- exceed price or negotiated maximum
price of the underlying contract, unless the Contracting Officer:
(i) Agrees with the prime contractor and, if applicable, the Subcontractor on a price
for the additional work;
(ii) Obtains a certification from the Chief Financial Officer that there are sufficient
funds to compensate the prime contractor and, if applicable, the Subcontractor for
the additional work;
(iii) Has made a written, binding commitment with the prime contractor to pay for
the additional work within 30 days after the prime contractor s ubmits a proper invoice
for the additional work to the contracting officer; and
(iv) Gives written notice of the funding certification from the Chief Financial Officer
to the prime contractor;
Section 15.5.4.2 The Contractor is required to include in its
subcontracts a clause that requires the prime contractor to:
(i) Within 5 business days of receipt of the notice required under subparagraph
(A)(iv) of this paragraph, provide the Subcontractor with notice of the approved
amount to be paid to the Subcontractor based on the portion of the additional work to
be completed by the Subcontractor;
(ii) Pay the Subcontractor any undisputed amount to which the Subcontractor is
entitled for any additional work within 10 days of receipt of payment for the
additional work from the District; and
(iii) If the prime contractor withholds payment from a Subcontractor, notify the
Subcontractor in writing and state the reason why payment is being withheld and
provide a copy of the notice to the contracting officer; and
Section 15.5.4.3 The Department, Contractor, prime
contractor, or a Subcontractor are prohibited from declaring
another party to the contract to be in default or assessing,
claiming, or pursuing damages for delays in the completion of
the construction due to the inability of the parties to agree on a
price for the additional work.
Section 15.6 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 pr ohibiting false
or fraudulent statements and claims made to DC government, incl uding the prescriptions set
forth in District of Columbia Code §22-2514 and §§2-381.01 et seq. In the event tha t it is
discovered that the Design-Builder has made a false, fraudulent or uns upported statement or
claim to the Department, the Department may terminate this Agreement without liability.
Section 15.8 Interpretation of Contract and Order of Precedence.
All of the documents comprising the Agreement should be read as complementary,
so that what is called for by one is called for by all. Ambiguities s hall be construed in favor of
a broader scope of Work for the Design-Builder, as the intent of the Agreement is, with
specific identified exceptions, to require the Design-Builder to assume entire responsibility for
construction of the Project. If there is any inconsistency among the documents comprising the
Agreement, the order of precedence among them is as follows, with the first listed document
having the highest priority:
1. This Agreement and its Modifications, Change Orders, Change Directives and any
Exhibits thereto;
2. The Department’s Standard Contract Provisions (Construction Services), as amended,
and any missing term in this Agreement shall be addressed in acc ordance with the
Standard Contract Provisions; and
3. The Construction Documents released or approved by the Department.
Section 15.9 Independent Contractor.
In carrying out all its obligations under the Agreement, the De sign-Builder shall
be acting as an independent contractor, and not as an empl oyee or agent of the Department,
or Joint Venture or partner with the Department. The Design-Buil der shall have exclusive
authority to manage, direct, and control the Work, and shall be responsible for all construction
means, methods, techniques, sequences, and procedures, as well as for the Project safety.
Section 15.10 No Third-Party Beneficiary Rights.
Nothing in this Agreement shall be construed as creating third-part y 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 Subcontrac tors or material
suppliers shall make any press release or similar media release related to the Project unless such
press release have been discussed with the Department prior to its issuance.
Section 15.12 Construction.
This Agreement shall be construed fairly as to all Parties and not in favor of or against
any party, regardless of which party prepared the Agreement.
Section 15.13 Notices.
All notices or communications required or permitted under the Agreement shall be in
writing and shall be hand delivered or sent by telecopier or by recognized overnight carrier to the
intended recipient at the address stated below, or to such other address as the recipient may have
designated 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 Frank Chiaramonte
Acting Chief Procurement Officer President
Department of General Services
Chiaramonte Construction Company
3924 Minnesota Avenue NE | 5th 2260 Minnesota Ave, SE
Floor Washington, DC 20009 Washington, DC 20020
This Section shall be read as imposing minimum requirements f or distribution of required
contractual notices, and not as displacing distribution requirements with respect to design
documents, construction submittals, periodic reports, and other documents.
Section 15.14 Limitations.
The Design-Builder agrees that any statute of limitations appli cable to any claim or
suit by the Department arising from this Agreement or its breach shall be controlled by applicable
District of Columbia law.
Section 15.15 Survival.
All agreements warranties, and representations of the Design-Builder contained in
the Agreement or in any certificate or document furnished pursuant t o 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 wa iver of the power, right, or
remedy on the later recurrence of any similar events. No act, dela y, or course of conduct by
the Department shall be deemed to constitute the Department's waiver, which may be effected
only by an express written waiver signed by the Department.
Section 15.17 Remedies Cumulative.
Unless specifically provided to the contrary in the Agreement, all remedies set forth
in the Agreement are cumulative and not exclusive of any other remedy t he Department may
have, including, without limitation, at law or in equity. The Departm ent's rights and remedies
will be exercised at its sole discretion, and shall not be re garded as conferring any obligation
on the Department's to exercise those rights or remedies for the b enefit 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 c ontents are
for convenience only and shall not be used in interpreting the Agreement.
Section 15.19 Entire Agreement; Modification .
The Agreement supersedes all contemporaneous or prior negotiations ,
representations, course of dealing, or agreements, either writ ten or oral. No modifications to
the Agreement shall be effective against the Department unless made in writing signed by both
the Department and the Design-Builder, unless otherwise expres sly provided to the contrary
in the Agreement. Notwithstanding the foregoing, nothing herein shall be construed to limit
the Department’s ability to unilaterally modify the Agreement.
Section 15.20 Severability .
In the event any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision of this Agre ement, and in lieu of each
such invalid, illegal or unenforceable provision, there shall be adde d automatically as a part of
this Agreement a provision as similar in terms to such invalid, illegal or unenforceable provision
as may be possible and be valid, legal and enforceable; each part of this Agreement is intended
to be severable.
Section 15.21 Anti-Deficiency Act .
The Department's obligations and responsibilities under the terms of the Agreement
and the Contract Documents are and shall remain subject to the provisions of (i) the federal Anti-
Deficiency Act, 31 U.S.C. §§1341, 1342, 1349, 1350, 1351, (ii) the D.C. Code 47-105, (iii) the
District of Columbia Anti Deficiency Act, D.C. Code §§ 47-355.01 - 355.08, as the foregoing
statutes may be amended from time to time, and (iv) Section 446 of the District of Columbia
Home Rule Act. Neither the Agreement nor any of the Contract Documents shall constitute an
indebtedness of the Department, nor shall it constitute an obligation for which the Department is
obligated to levy or pledge any form of taxation, or for which the Depa rtment has levied or
pledged any form of taxation. IN ACCORDANCE WITH § 446 OF THE HOME RULE
ACT, D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS
AUTHORIZED TO OBLIGATE OR EXPEND ANY AMOUNT UNDER T HE
AGREEMENT OR CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN
APPROVED, IS LAWFULLY AVAILABLE AND APPROPRIATED BY A CT OF
CONGRESS.
Section 15.22 Time.
Time, if stated in a number of days, will be calendar days and thus include Saturdays,
Sundays, and holidays, unless otherwise stated herein.
Section 15.23 Americans With Disabilities Act of 1990 (“ADA”). During the performance of
this Contract, the Design-Builder and any of its Subcontractors shall comply with the ADA. The
ADA makes it unlawful to discriminate in employment against a qua lified individual with a
disability. See 42 U.S.C. §12101 et seq .
Section 15.24 Contracts in Excess of One Million Dollars. Any contract in excess of $l,000,000
shall not be binding or give rise to any claim or demand against the District until approved by the
Council of the District of Columbia and signed by the Contracting Officer.
Section 15.25 Gratuities Not to Benefit Provisions.
If it is found, after notice and hearing, by the Department that gratuities (in the form of
entertainment, gifts, payment, offers of employment, or otherwise) we re offered or given by the
Design-Builder, or any agent or representative of the Design-Builder, to any official, employee
or agent of the Department or the District with a view toward securing the Agreement or any other
contract or securing favorable treatment with respect to the awarding or amending, or the making
of any determinations with respect to the performance of the Agreement, the Department may, by
written notice to the Design-Builder, terminate the right of the De sign-Builder to proceed under
the Agreement and may pursue such other rights and remedies provided by law and under the
Agreement.
Section 15.25.1 In the event the Agreement is terminated as provided in Article 16 of this
Agreement, the Department shall be entitled:
a. to pursue the same remedies against the Design-Builder as it c ould pursue in the event
of a breach of the Agreement by the Design-Builder; and
b. as a penalty in addition to any other damages to which it may be entit led by law, to
exemplary damages in an amount (as determined by the Department) which shall be not
less than ten times the costs incurred by the Design-Builder in providing any such
gratuities.
Section 15.25.2 No member of, nor delegate to Congress, Mayor or City Council Member,
nor the Department nor employee of the District or employee of the Department shall be
admitted to any share or part of the Agreement or to any benefit that may arise therefrom,
and all agreements entered into by the CO of the Department in w hich he or she be
personally interested as well as all agreements made by the Department in which the
Mayor or City Council Member or employee of the District shall be personally interested
shall be void and no payments shall be made on any such contracts by t he Department;
but this provision shall not be construed or extend to the agreement if t he share of or
benefit to the member of, or delegate to Congress, Mayor or City C ouncil Member, or
employee of the District is de minimis.
Section 15.26 Ethical Standards for the Department's Employees And Former Employees .
The Department expects the Design-Builder to observe the highe st ethical standards and to
comply with all applicable laws, rules, and regulations governing ethical conduct or conflicts of
interest. Neither the Design-Builder, nor any person associated wit h the Design-Builder, shall
provide (or seek reimbursement for) any gift, gratuity, favor, entertainment, loan, or other thing
of value to any employee of the District or the Department not in conformity with applicable
law, rules or regulations. The Design-Builder shall not engage the se rvices 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 ma y not assign to any
former employee or District employee or agent who has joined the D esign-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 reques t 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 sim ilar to this section so that such
provisions shall be binding upon each Design-Builder or vendor.
Section 15.27 Non-Discrimination in Employment Provisions.
Section 15.27.1 District of Columbia Human Rights Act
a. The Design-Builder shall not discriminate in any manner against any employee or
applicant for employment that would constitute a violation of the Dist rict of Columbia
Human Rights Act, effective December 13, 1977, as amended (D.C. Law 2 -38; D.C.
Official Code § 2-1401.01 et seq.) (“Act”, as used in this clause). The Design-Builder shall
include a similar clause in all subcontracts, except subcont racts 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-discrimin ation clause as
provided in section 251 of the Act.
b. Pursuant to Mayor’s Order 85-85, (6/10/85), Mayor’s Order 2002-175 (10/23/02),
Mayor’s Order 2011-155 (9/9/11) and the rules of the Office of Human Rights, Chapter 11
of Title 4 of the D.C. Municipal Regulations, the following clauses apply to the Contract:
1. The Design-Builder shall not discriminate against any employee or a pplicant for
employment because of race, color, religion, national origin, sex, age, mar ital status,
personal appearance, sexual orientation, family responsibilities, matriculation, political
affiliation, or physical handicap.
2. The Design-Builder agrees to take affirmative action to ensure tha t applicants are
employed, and that employees are treated during employment, without regar d to their
race, color, religion, national origin, sex, age, marital status, pe rsonal appearance,
sexual orientation, family responsibilities, matriculation, politic al affiliation, or
physical handicap. The affirmative action shall include, but not be l imited 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 directed by the Department, the Design-Builder
agrees to post in conspicuous places, available to employees and ap plicants for
employment, notices to be provided by the Department setting forth t he provisions
paragraphs 1 and 2 of Section 15.28.1(b) of this Agreement, concerning non-
discrimination and affirmative action.
4. The Design-Builder shall, in all solicitations or advertisements for employees placed
by or on behalf of the Design-Builder, state that all qualified appl icants will receive
consideration for employment pursuant to the non-discrimination requireme nts set
forth in Section 15.27.3.
5. The Design-Builder agrees to send to each labor union or representati ve of workers
with which it has a collective bargaining agreement, or other contract or understanding,
a notice to be provided by the Department, advising each labor union or workers'
representative of the Design-Builder’s commitments under this Section 15.27.1 , and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
6. The Design-Builder agrees to permit access by the Department to all books, records
and accounts pertaining to its employment practices for purposes of investigation to
ascertain compliance with this Section 15.27.1 , and to require under terms of any
Subcontractor agreement each Subcontractor to permit access of the Subcontractors,
books, records, and accounts for such purposes.
7. The Design-Builder shall include in every subcontract this Section 15.27.1 so that such
provisions shall be binding upon each subcontractor or vendor.
8. The Design-Builder shall take such action with respect to any subc ontract 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 bec omes
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 t he District to
enter into such litigation to protect the interest of the District.
Section 15.27.2 Pregnant Workers Fairness
a. The Design-Builder shall comply with the Protecting Pregnant Worker s 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 re lated to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee,
unless the Design-Builder can demonstrate that the accommodation woul d impose
an undue hardship;
2. Take an adverse action against an employee who requests or uses a r easonable
accommodation in regard to the employee's conditions or privileges of employment,
including failing to reinstate the employee when the need for reasonabl e
accommodations ceases to the employee's original job or to an equival ent 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 condit ions, or
breastfeeding;
4. Require an employee affected by pregnancy, childbirth, related medical conditions,
or breastfeeding to accept an accommodation that the employee choose s 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 plac e a notice of rights
in both English and Spanish and provide written notice of an employee's ri ght to a
needed reasonable accommodation related to pregnancy, childbirth, r elated 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 15.27.3 UNEMPLOYED ANTI-DISCRIMINATION
a. The Design-Builder shall comply with the Unemployed Anti-Discrimi nation 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 advertisem ent or
announcement for any vacancy in a job for employment that includes:
i. Any provision stating or indicating that an individual's status as unempl oyed
disqualifies the individual for the job; or
ii. Any provision stating or indicating that an employment agency will not consider
or hire an individual for employment based on that individual's status as
unemployed.
c. Violations of the Unemployed Anti-Discrimination Act shall be subject to civil penalties
as described in the Anti- Discrimination Act.
Section 15.28 ASSIGNMENT OF CONTRACT PAYMENTS
a. Subject to this Section 15.28 , in accordance with Title 27 DCMR Section 3250, the
Design-Builder may assign due or to become due as a result of the pe rformance of this
Design-Builder to a bank, trust company, or other financing institution funds.
b. Any assignment shall cover all unpaid amounts payable under this Agreement and shall
not be made to more than one party.
c. Notwithstanding an assignment of Contract payments, the Design-Builder, not the
assignee, is required to prepare invoices. Where such an assignment has been made, the
original copy of the invoice must refer to the assignment and must show that payment
of the invoice is to be made directly to the assignee as follows:
“Pursuant to the instrument of assignment dated ___________, make payment of t his
invoice to (name and address of assignee).”
Section 15.29 FREEDOM OF INFORMATION ACT (“FOIA”)
The District of Columbia Freedom of Information Act, at D.C. Official Code § 2-532 (a-3) ,
requires the District to make available for inspection and co pying 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 inform ation, the Design-Builder shall
immediately send the request to the Department, which provide the re quest to the FOIA Officer
for the agency with programmatic responsibility in accordance wi th the D.C. Freedom of
Information Act. If the agency with programmatic responsibility receives a request for a record
maintained by the Design-Builder pursuant to the Contract, the Depart ment will forward a copy
to the Design-Builder. In either event, the Design-Builder is require d by law to provide all
responsive records to the Department within the timeframe desi gnated by the Department. The
FOIA Officer for the agency with programmatic responsibility will determine the releasability of
the records. The District will reimburse the Design-Builder for the costs of searching and copying
the records in accordance with D.C. Official Code §2-532 and Chapter 4 of Title 1 of the D.C.
Municipal Regulations .
Section 15.30 CAMPAIGN FINANCE REFORM ACT
Prior to the execution of this Contract, the Design-Builder shall complete and submit to the
Department a completed Campaign Finance Reform Act Self -Certification Form, Exhibit T,
pursuant to D.C. Official Code § 1-1161.01.
Section 15.31 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-222.01
et seq
Section 15.31.1 Nonprofit organizations, as defined in the Act, shall include in their rates
the indirect costs incurred in the provision of goods or performanc e of services under this
contract pursuant to the nonprofit organization's unexpired Negotia ted Indirect Cost Rate
Agreement (NICRA). If a nonprofit organization does not have an unex pired NICRA, the
nonprofit organization may elect to instead include in its rates its indirect costs:
1.As calculated using a de minimis rate of 10% of all direct costs under this contract;
2.By negotiating a new percentage indirect cost rate with the awarding agency;
3.As calculated with the same percentage indirect cost rate as the nonprofit organization
negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in acc ordance with Section
15.31.2; or
4.As calculated with a percentage rate and base amount, determin ed by a certified public
accountant, as defined in the Act, using the nonprofit organization's au dited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
Section 15.31.2 If this contract is funded by a federal agency, indirect costs shall be
consistent with the requirements for pass-through entities in 2 C.F.R. § 200.331, or any
successor regulations.
Section 15.32.3 The Contractor shall pay its subcontractors which are nonprofi t
organizations the same indirect cost rates as the nonprofit organi zation subcontractors
would have received as a prime contractor.
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 Provis ions (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 a ny 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 b e made in the Department’s sole
and absolute judgment and shall not be subject to review by any reviewing body, including, but
not limited to, arbitrators appointed under this Agreement or any court of competent jurisdiction.
Section 16.3 Termination for Default.
The Department may terminate the Agreement for default if the Design-Builder
fails to perform any of its duties or obligations under the Agreement. In particular, but without
limitation, the Department may terminate the Agreement if:
1. The Design-Builder fails to perform the Work diligently, in accor dance with the
Project Schedule or to make such progress in the Work as the De partment
reasonably believes is necessary to complete the Project wit hin 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, S ubcontractors or
suppliers when payment is due; or
4. The Design Builder becomes insolvent, makes an assignment for the benefit of
creditors, files a voluntary petition under any chapter of the Bankr uptcy 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 Agree ment 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
16.2, seven (7) calendar days before actually putting the termination into
effect. If the Design-Builder has begun its corrective action and has made
progress satisfactory to the Department within the seven days, t he
Department may so notify the Design-Builder and the termination wil l
not take effect. Otherwise, the termination shall take effect a fter seven
days without further notice or opportunity to cure.
Section 16.3.2 If the Department terminates the Agreement for default,
the Department will have the right to take over the Work, to acce pt
assignment of some or all Subcontracts or agreements with ma terial
suppliers, to take possession of the Project, to take and use all tools,
equipment and supplies then being used in connection with the Work,
and to finish the Project by whatever method it deems expedient,
including accepting assignment of all outstanding Subcontracts and
Supply Agreements.
Section 16.4 Termination for Convenience.
The Department may, upon seven (7) calendar days written notice to the Design-
Builder, terminate the Contract in whole or specified part, for its convenience, for any reason
whether the Design-Builder is in breach of contract or not. The notice of termination shall
state the effective date of termination, the extent of the termi nation, and any specific
instructions. The termination for convenience that arises out of or under this Agreement
shall be in accordance with the terms of the Standard Contract Provisions.
Section 16.5 Continued Responsibility After Termination.
If the Design-Builder is terminated, for default, for Convenience or otherwise,
the Design-Builder shall remain responsible for defects or non -conformities in all Work
performed to the date of the termination.
Article 17 OTHER CONDITIONS AND SERVICES
This Agreement and the rights and obligations of the Departmen t and Design-Builder
herein are subject to the approval of the Council for the District of Col umbia.
Article 18 CHANGES IN THE WORK
Section 18.1 Changes Authorized.
In accordance with the Standard Contract Provisions (Construction Contracts), the Department may,
without invalidating the Agreement, and without notice to or approval of any surety, order changes
in the Work, including additions, deletions or modifications. Any such cha nge must be conveyed
by the Department to the Design Builder via written Change Directive or Change Order.
Section 18.2 Executed Change Directive/Change Order Required.
Only a written Change Directive or Change Order, executed by the Department, may
make changes to the Agreement. In particular, but without limitation, a written Change Directive
or Change Order executed by the Department is the only means by which changes may be made
to the Substantial or Final Completion Dates, the Design-Build Fee, or the 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 Dir ective, either
directing the Design-Builder to proceed at once with the changed Work or directing it
to not to proceed, but to inform the Department, in writing, of the amount, if any, by
which the Design-Builder believes that Substantial or Final C ompletion Dates
and/or the Guaranteed Maximum Price should be adjusted to take the Change Order
or Change Directive into account.
2. Within ten (10) days of receiving a Change Directive, the Design-Bui lder shall
provide the Department with a written statement of all changes in the Agreement,
including, without limitation, any changes to the Substantial or Fi nal Completion
Dates or the Guaranteed Maximum Price to which it believes it is entitled as a result
of the Change Directive. If additional time is sought, a schedule analysis supporting
the requested extension should be included. The schedule analysis should inc lude
a written narrative explanation. If a change in the Guaranteed Maximum Price is
sought (or if the Department has requested a deduct change), the st atement should
include a breakdown, by line item, of the estimated cost changes attributable to the
proposed change. The Department may request, and the Design-Builde r shall
provide, further cost breakdowns, clarifications, documentation or back-up if the
Department reasonably believes such additional information is ne eded to
understand and evaluate the request. The additional information requir ed may
include cost and pricing data in accordance with the Department’s regulations. Any
requested adjustment to the Guaranteed Maximum Price shall b e limited to
increased Cost of the Work due to the Change Directive. The Design-Builder is not
entitled to any markup on any kind of Change Orders except as authorize d 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 p roceed with the
change described by a Change Directive, the Department may resc ind it. If the
Department wishes to proceed, or has already directed the Desi gn-Builder to
proceed, the Design-Builder shall immediately proceed with the c hanged Work
and, the Department and the Design-Builder shall use their good fa ith best efforts
to reach an agreement upon the modifications to the Substantial or Final
Completion Dates, and/or the Guaranteed Maximum Price that ar e justified by the
Change Directive. If the Department and the Design-Builder reac h agreement, the
agreement shall be set forth in a Change Order and the Design-B uilder shall also
execute it, at which point it will become binding on both Parties.
4. If the parties fail to reach an agreement within sixty (60) days after the Department
receives the Design-Builder’s detailed statement pursuant to Section 18.3.2, and
such other documentation as the Department may request, the Design-Builder may
assert a claim in accordance with the Agreement. In such a ca se, and subject to
adjustment via the claims and disputes process, the Department shall unilaterally
grant the Design-Builder such adjustments, if any, to the Substa ntial or Final
Completion Dates, the Guaranteed Maximum Price, and/or the Pre construction
or Design-Build Fee as the Department has judged to be appropriate.
Section 18.4 Notice of Change Event.
The Design-Builder must give the Department written notice of any Change Event
within ten (10) calendar days of the date on which the Design Builder knew, or reasonably should
have known, of the Change Event. To the extent available, the notice must st ate the nature of the
Change Event and describe, generally, all changes in the Agreement to which the Design-Builder
believes it is entitled. Such notice is an express condition precedent to any claim or request for
adjustment to the Substantial or Final Completion Dates, or the Guaranteed Maximum Price arising
from the Change Event and, if the notice is not given within the required time, the Design-Builder
will have waived the right to any adjustment to the Substanti al or Final Completion Dates, or the
Guaranteed Maximum Price arising from the Change Event.
Section 18.5 Detailed Change Request.
Within twenty (20) days after giving notice of a Change Event, the Design-Builder shall
submit a written Change Request to the Department descr ibing, in reasonable detail, all
adjustments it seeks to the Substantial or Final Completi on Dates or the Guaranteed Maximum
Price as a result of the Change Event. The Change Request shall i nclude 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 Guaranteed Maximum Price
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 comp lied 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 Guaranteed Maximum Price in
the following cases:
1. If the Department issues a Change Directive or Change Order that directs the
Design Builder to proceed with work which is beyond the scope of Work included
within this Agreement; or
2. The Design-Builder encounters Differing Site Conditions or Hazar dous Materials
not identified in the Preconstruction Phase.
Section 18.7 Deductive Change Orders.
The Department reserves the right to issue deductive Change Orde rs (reducing the
Guaranteed Maximum Price or modifying the Substantial or Final Completion Dates to an earlier
date) when changes are effected, by Change Directive or otherwis e, which will decrease the cost
of completing the Work or the time within which it can be completed.
Section 18.8 No Adjustments to Fee.
The Design-Builder understands and agrees that the Design-Build Fee shall not be
increased or decreased as a result of any Change Orders or Change Directive. In furtherance of this
understanding, the Design-Builder agrees that it shall not be entitled to an increase in the Maximum
Cost of General Conditions, or the Design-Build Fee by virtue of changes authorized by the
Department unless such changes fall outside the general scope of work contemplated by this
Agreement. The term general scope of work shall mean a state-of-the-art recreation center facility
that is consistent with the Department’s program of requirem ents and incorporates sustainable
design initiatives. Without limiting the generality of the foregoing, it is understood and agreed that
the Design-Builder shall not be entitled to any additional fees or general conditions unless (i) the
Department makes additions to the scope provided for in this Agr eement 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 whic h (other than for punchlist or
warranty work) require the Design-Builder’s services for the Project to extend beyond 30 days
after Substantial Completion.
Section 18.9 Executed Change Orders Final.
The Design-Builder agrees that any Change Order executed by the Dep artment and
Design-Builder constitutes its full and final adjustment for al l costs, delays, disruptions,
inefficiencies, accelerations, schedule impacts, or other conse quences arising from the change in
question, whether a Change Directive, or a Change Event, or from any cl aimed cumulative effect
of changes made to the date of the Change Order, and that no further adjustments in compensation
or time shall be sought or made with respect to the Change D irective or the Change Event giving
rise to the Change Order. Although the Parties anticipate that most Change Orders will not require
an adjustment to the Cost of General Conditions, if the Work described in a Change Order requires
an increase or decrease in the Maximum Cost of General Conditions ( i.e. because such a Change
requires additional field staff or other equipment that would be c lassified as General Conditions
Costs), the Change Order shall contain an increase to the Design-Build Fee adjusting such amount.
The cost of processing a Change Order shall not be considered an event that will require an increase
in the Maximum Cost of General Conditions.
Section 18.10 Failure to Agree.
If the Design-Builder claims entitlement to a change in the Agr eement, and the
Department does not agree that any action or event has occurred to j ustify any change in time or
compensation, or if the Parties fail to agree upon the appropriate amount of the adjustment in time
or compensation, the Department will unilaterally make such changes , if any, to the Agreement,
as it determines are appropriate pursuant to the Agreement. The Design Builder shall proceed with
the Work and the Department's directives, without interruption or delay, and shall make a claim as
provided in Article 18 herein. Failure to proceed due to a dispute over a change request shall
constitute a material breach of the Contract and entitle the Department to all available remedies for
such breach, including, without limitation, termination for default.
Article 19 CLAIMS & DISPUTE RESOLUTION
Section 19.1 All claims or disputes arising out of this Agreement shall be governed by the terms of the
Standard Contract Provisions (Construction Contracts and Architectural and Engineering Services).
Section 19.2 Notwithstanding any other provision of this Agreement to the contrary, neither party
including its officers, agents, servants, and employees, shall be liable to the other for lost profits or
any special, indirect, incidental, or consequential damages in any way arising out of this Agreement
however caused under a claim of any type or nature based on any theory of liability (including, but
not limited to contract, tort, or warranty) even if the possibili ty of such damages has been
communicated.
For the avoidance of confusion, the Parties agree that this provision does not affect the Department’s
ability to assess Liquidated Damages as set forth in Article 14. Furthermore, the Parties agree that
any acceleration costs required to complete the modernization work des cribed in this agreement
shall not be considered consequential damages for purposes of this provision.
Article 20 – EXHIBITS
Exhibit A Reserved.
Exhibit B Project Schedule
Exhibit C Deliverable List
Exhibit D SBE Subcontracting Plan
Exhibit E EEO Policy Form
Exhibit F Key Personnel
Exhibit G Davis Bacon Act Wage Determination and 29 CFR
Exhibit H Design-Builder’s Designated Representative
Exhibit I Department’s Designated Representatives
Exhibit J1 Standard Contract Provisions (Construction Contract)
Exhibit J2 Standard Contract Provisions (Architectural & Engineering Services)
Exhibit K Form of Lein Waiver
Exhibit L GMP Summary
Exhibit M Reserved
Exhibit N FF&E and Close-Out Deliverables
Exhibit O Subcontractor Performance Evaluation Form
Exhibit P Reserved
Exhibit Q Reserved
Exhibit R Living Wage Act
Exhibit S List of Ineligible Items
Exhibit T Campaign Finance Reform Act Self-Certification Form
Exhibit U List of Unit Prices and Allowances
Exhibit V List of Assumptions and Clarifications
Exhibit W List of Drawings and Design Documents
Exhibit X First Source Employment Agreement and Plan
IN WITNESS WHEREOF , the Parties have executed this Agreement (DCAM-22-CS-RFP-
0007) through their duly authorized representatives as of the last date written below.
DEPARTMENT OF GENERAL CHIARAMONTE
SERVICES, an agency within the executive CONSTRUCTION COMPANY
branch of the Government of the District of Columbia
By: By:
Name: Name:
Title: Its:
Date: Date:
Frank Chiaramonte
President of Chiaramonte Construction Co
June 6 2025
Exhibit A – Reserved
(Exhibit Will Appear on the Following Page)
Exhibit B - Project Schedule
(Exhibit Will Appear on the Following Page)
ID Chiaramonte Construction Company Duration Start Finish
1
ADA Upgrades Package #3 Baseline 13 days? Fri 5/26/23 Tue 6/13/23
2 DGS Issues Notice to Proceed 1 day Fri 5/26/23 Fri 5/26/23
3 Kickoff meeting with DGS 1 day Tue 5/30/23 Tue 5/30/23
4 Meeting with Design Team 1 day Tue 5/30/23 Tue 5/30/23
5 Baseline schedule submission 1 day Tue 6/13/23 Tue 6/13/23
6
Permits & PreConstruction ADA Package #3 460 days Tue 6/13/23 Thu 3/20/25
7 Project Site Survey Exterior 16 days Mon 6/12/23 Mon 7/3/23
8 Project Survey Interior 14 days Tue 6/20/23 Fri 7/7/23
9 Concept Design Submission 18 days Wed 6/21/23 Fri 7/14/23
10 Concept Design Review 10 days Mon 7/17/23 Fri 7/28/23
11 SD Documents 30 days Mon 7/31/23 Fri 9/8/23
12 SD Documents Review and Approve 14 days Mon 9/11/23 Thu 9/28/23
13 Sites visit with Subs 1 day Thu 9/14/23 Thu 9/14/23
14 Subcontractor Bids Due 10 days Mon 9/18/23 Fri 9/29/23
15 SD Pricing 7 days Mon 10/2/23 Tue 10/10/23
16 Draft Permit Set 14 days Mon 11/27/23 Thu 12/14/23
17 Draft Permit Set Review and Approve 10 days Thu 12/21/23 Fri 1/5/24
18 Subcontractor site visits based on Draft Permit set 1 day Wed 12/20/23 Wed 12/20/23
19 Subcontractor Final pricing 14 days Thu 12/21/23 Thu 1/11/24
20 GMP Pricing & submission 37 days Tue 12/26/23 Thu 2/15/24
21 GMP Review 21 days Fri 2/16/24 Fri 3/15/24
22 GMP Revise and resubmit 15 days Mon 3/18/24 Fri 4/5/24
23 GMP Review and Approve 44 days Mon 4/8/24 Thu 6/6/24
24 Permit Documents 14 days Fri 6/7/24 Wed 6/26/24
25 Project On Hold by DGS until funding is verified 78 days Thu 6/27/24 Tue 10/15/24
26 GMP Revise Due to VE options 45 days Wed 10/16/24 Tue 12/17/24
27 GMP Submission to DGS for Review 1 day Wed 12/18/24 Wed 12/18/24
28 GMP Under review by DGS 106 days Thu 12/19/24 Thu 5/15/25
29 Permit Documents Review and Approve to remove VE options 12 days Fri 5/16/25 Mon 6/2/25
30 Submit Revised Permit Set to Permit Expeditor 1 day Tue 6/3/25 Tue 6/3/25
31 Building Permit Application Submission, Review & Approval 45 days Wed 6/4/25 Tue 8/5/25
32 Construction Documents 7 days Wed 8/6/25 Thu 8/14/25
33
Construction Performance ADA Package #3 130 days Mon 3/24/25 Fri 9/19/25
34 PreConstruction Meetings with Community Meeting 1 day Fri 8/15/25 Fri 8/15/25
35 Construction Notice of Process NTP 1 day Mon 8/18/25 Mon 8/18/25
36 Construction Meetings with DGS 1 day Tue 8/19/25 Tue 8/19/25
37 Project Mobilization 4 days Wed 8/20/25 Mon 8/25/25
38 Set Up Access, Security and Site protection 3 days Wed 8/20/25 Fri 8/22/25
39 Construction 75 days Mon 8/25/25 Fri 12/5/25
40 Final Inspections 3 days Mon 12/8/25 Wed 12/10/25
41 Substantial Completion and Turnover to DGS 1 day Wed 12/31/25 Wed 12/31/25
42 Punch List 10 days Mon 1/5/26 Fri 1/16/26
43 Final Completion 1 day Mon 3/2/26 Mon 3/2/26
44 Administrative Completion 1 day Thu 4/30/26 Thu 4/30/26
ADA Upgrades Package #3 Baseline ADA Upgrades Package #3 Baseline 6/13
Permits & PreConstruction ADA Package #3 Permits & PreConstruction ADA Package #3
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 2024 Qtr 3, 2024
ID Chiaramonte Construction Company Duration Start
1
ADA Upgrades Package #3 Baseline 13 days? Fri 5/26/23
2 DGS Issues Notice to Proceed 1 day Fri 5/26/23
3 Kickoff meeting with DGS 1 day Tue 5/30/23
4 Meeting with Design Team 1 day Tue 5/30/23
5 Baseline schedule submission 1 day Tue 6/13/23
6
Permits & PreConstruction ADA Package #3 460 days Tue 6/13/23
7 Project Site Survey Exterior 16 days Mon 6/12/23
8 Project Survey Interior 14 days Tue 6/20/23
9 Concept Design Submission 18 days Wed 6/21/23
10 Concept Design Review 10 days Mon 7/17/23
11 SD Documents 30 days Mon 7/31/23
12 SD Documents Review and Approve 14 days Mon 9/11/23
13 Sites visit with Subs 1 day Thu 9/14/23
14 Subcontractor Bids Due 10 days Mon 9/18/23
15 SD Pricing 7 days Mon 10/2/23
16 Draft Permit Set 14 days Mon 11/27/23
17 Draft Permit Set Review and Approve 10 days Thu 12/21/23
18 Subcontractor site visits based on Draft Permit set 1 day Wed 12/20/23
19 Subcontractor Final pricing 14 days Thu 12/21/23
20 GMP Pricing & submission 37 days Tue 12/26/23
21 GMP Review 21 days Fri 2/16/24
22 GMP Revise and resubmit 15 days Mon 3/18/24
23 GMP Review and Approve 44 days Mon 4/8/24
24 Permit Documents 14 days Fri 6/7/24
25 Project On Hold by DGS until funding is verified 78 days Thu 6/27/24
26 GMP Revise Due to VE options 45 days Wed 10/16/24
27 GMP Submission to DGS for Review 1 day Wed 12/18/24
28 GMP Under review by DGS 106 days Thu 12/19/24
29 Permit Documents Review and Approve to remove VE options 12 days Fri 5/16/25
30 Submit Revised Permit Set to Permit Expeditor 1 day Tue 6/3/25
31 Building Permit Application Submission, Review & Approval 45 days Wed 6/4/25
32 Construction Documents 7 days Wed 8/6/25
33
Construction Performance ADA Package #3 130 days Mon 3/24/25
34 PreConstruction Meetings with Community Meeting 1 day Fri 8/15/25
35 Construction Notice of Process NTP 1 day Mon 8/18/25
36 Construction Meetings with DGS 1 day Tue 8/19/25
37 Project Mobilization 4 days Wed 8/20/25
38 Set Up Access, Security and Site protection 3 days Wed 8/20/25
39 Construction 75 days Mon 8/25/25
40 Final Inspections 3 days Mon 12/8/25
41 Substantial Completion and Turnover to DGS 1 day Wed 12/31/25
42 Punch List 10 days Mon 1/5/26
43 Final Completion 1 day Mon 3/2/26
44 Administrative Completion 1 day Thu 4/30/26
6/13
3/20 3/20
Project Mobilization 8/20
Substantial Completion and Turnover to DGS 12/31
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May
Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026 Qtr 2, 2026
Exhibit C - Deliverable List
(Exhibit Will Appear on the Following Page)
Deliverable List
A. Concept Design Phase Deliverables
1. Three (3) conceptual floor plan and site plan.
2. Updated property survey, including notations of utilities and all other easements.
3. Hazardous material survey and analysis update
4. Historic resources survey
5. Zoning analysis
6. Geotechnical Survey
7. Architectural Concept Development
8. Building plan
9. Preliminary cost estimates
10. Project schedule
B. Schematic Design Phase
1. Digital floor plans and site plan
2. Preliminary building elevations and sections
3. Plan-to-Program Comparison
4. Design Narrative
5. Updated Schedule and Cost Estimate
6. Phasing Plan, if necessary
7. If Value Engineering is necessary, it should be executed at this stage of the design submission
with all the stakeholders.
8. Meeting minutes of Preliminary Design Review Meetings.
C. Design Development
1. 35% (minimum progress) documents for all technical disciplines, drawings and specs
2. 50% design development progress printing.
3. A reconciliation report that addresses issues raised by DGS representatives as a result of the 50%
progress printing.
4. CFA submission materials; meetings and presentations to CFA as required
5. Historic Preservation Office (HPO) submission materials; meetings and presentations to HPO as
required
6. Old Georgetown Board (OGB) submission materials; meetings and presentations to HPO as
required
7. Submit the Contractor’s second estimate for the hard cost of the Project with a Maximum +/- 5%
of the budget.
D. Permit Set
1. Drawings and specifications, ready for permitting, hard copy and electronic.
2. Final estimate of construction cost
E. Construction Phase Deliverables
1. Meeting minutes.
2. RFI Responses, ASI’s and/or other clarification documents.
3. Punch lists.
4. Closeout document review comments.
5. As-Built Drawings.
F. Close-Out Deliverables
1. A complete set of the Design-Builder’s Project files.
2. A complete set of product manuals (O&M), training videos, warranties, etc.
3. As built record drawings.
4. Attic stock and schedule.
5. Equipment schedule.
6. Proposed schedule of maintenance.
7. Environmental, health & safety documents.
8. LEED – Preliminary Construction Review.
9. All applicable inspection certificates/permits (boiler, elevator, emergency evacuation plans, health
inspection, etc.).
Exhibit D - Subcontracting Plan
(Exhibit Will Appear on the Following Page)
SBE SUBCONTRACTNG PLAN | Revised October 2023
SBE SUBCONTRACTING PLAN
INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects
(agency contracts & private projects with a District subsidy) over $250,000, shall require at least
35% of the total dollar volume of the contract (i.e., the total amount of agency contract or total private
project development costs) be subcontracted to Small Business Enterprises (SBE), and if insufficient
qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE
and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency
contracts, options, and extension, it can only be amended by the Director of the Department of Small &
Local Business Development
SUBMISSION OF CBE PLAN:
¡ For agency solicitations – submit to the agency with bid/proposal.
¡ For agency options & extensions – submit to the agency before an option or extension is
exercised.
¡ For public-private projects – submit to DSLBD, the agency project manager, and with each
quarterly report. As private projects may not have awarded all contracts at the time the District
subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each
quarterly report and list all SBE/CBE subcontracts executed by the time of submission.
CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the
portion of the subcontract performed, at every tier, by an SBE/CBE using its own organization and
resources . COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs AND CBEs (AT
EVERY TIER) MUST BE PROVIDED TO RECEIVE CREDIT .
CERTIFICATION INFORMATION: Certification as a Local Business Enterprise ( LBE ) is a prerequisite
to be certified in any additional business enterprise category within the CBE Program.
The Small Business Enterprise ( SBE ) is a category of the Certification. However, not all CBEs have a
Small Business Enterprise (SBE) category. If the subcontracting plan is with a CBE without the SBE
category, the contract may not receive credit towards the subcontracting goal for work provided by the
CBE if there were qualified SBEs that could have been utilized to completely fulfill the subcontracting
requirement.
The certification number must include the Local Business Enterprise (LBE ) and Small Business
Enterprise (SBE) categories . i.e., Certification Number: LS XXXXXXXXX2026.
SUBCONTRACTING CREDIT PURSUANT D.C. LAW 24-39:
Pursuant to the Coronavirus Support Temporary Amendment Act of 2021 and the Public Emergency
Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021, contracts
awarded during the Public Health Emergency shall receive credit as follows:
(1) For every dollar expended by a beneficiary with a resident-owned business, the beneficiary
shall receive a credit for $1.10 against the CBE minimum expenditure.
(2) For every dollar expended by a beneficiary with a disadvantaged business enterprise, the
beneficiary shall receive a credit for $1.25 against the CBE minimum expenditure.
(3) For every dollar expended by a beneficiary that uses a company designated as both a
disadvantaged business enterprise and as a resident-owned business, the beneficiary shall
receive a maximum credit for $1.30 against the CBE minimum expenditure.
EXEMPTION: If the Beneficiary (e.g., the Prime Contractor or Developer) is a CBE and will perform
the ENTIRE government-assisted project with its own organization and resources and will NOT
subcontract any portion of the services and goods, then the CBE Beneficiary is not required to
subcontract to SBEs.
SBE SUBCONTRACTNG PLAN | Revised October 2023
SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION
Section 1A. BENEFICIARY INFORMATION
Company: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: ________________ Solicitation Due Date: ________________
Agency: _____________ Total Dollar Amount of Contract: _________________
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
¾ Adjusted Subcontracting Requirement:
Total Value of ALL CBE Subcontracts: _________________
( Include all lower tiers )
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Please include the percentage of the contract the CBE Prime will perform under the contract or project.
¾ The CBE Prime will self-perform % of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
¾ CBE Certification No. ______________
Chiaramonte Construction DCAM-22-CS-RFP-0007 tpham@cc-builder.com
2260 Minnesota Avenue, SE Washington, DC 20020
Frank Chiaramonte President
202-562-0027 frank@cc-builder.com
2260 Minnesota Avenue, SE, Washington, DC 20020
DCAM-22-CS-RFP-0007 12/3/2024
DGS
58
$1,176,250.0
0
$184,510
100
LSZX29212122027
61
SBE SUBCONTRACTNG PLAN | Revised October 2023
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
fun ction 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
Descri ption of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st ,
2nd , 3 rd ,
4th , etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of su bcontract scope
of work to be performed that shall
be for a commercially useful
fun ction by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____ % of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1 st ,
2nd , 3 rd ,
4th , etc.)
Washington Door
5764 2nd Street, NE
Washington DC,
20011
LSD76613012025 $19,050 Door and Hardware
Ryan Golden
President
202 297 59 22
ryan@washingtondoor.net
x
100
StudioMB
160
Connecticut
Ave, NW
Washington
DC, 20009
LSZR71581082027 $60,000 Architect
David Bagnoli
Principal
202 506 7344
x
100
SBE SUBCONTRACTNG PLAN | Revised October 2023
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
fun ction 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
Descri ption of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st ,
2nd , 3 rd ,
4th , etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of su bcontract scope
of work to be performed that shall
be for a commercially useful
fun ction by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____ % of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1 st ,
2nd , 3 rd ,
4th , etc.)
Vision Security
910
Massachussets
Ave NW,
washington DC
20016
LSZRE2732852025 $67,617 Low Voltage
Jacques Roelofse
President
202 680 9123
jroelofse@vision-security.com
x
100
SBE SUBCONTRACTNG PLAN | Revised October 2023
BENEFICIARY ATTESTATION
I declare, certify, verify, attest, and state under penalty of perjury that the information provided ab ove is
true and correct to the best of my knowledge and be lief. 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 no t
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or ass ert
may be grounds for revocation of my CBE registratio n pursuant to D.C. Official Code § 2-218.63. Furthe r,
a Prime Contractor, Developer, CBE, Certified Join t Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certi fied 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., 1 st ,
2nd , 3 rd ,
4th , etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
President 12/17/2024
Frank Chiaramonte Frank Chiaramonte
Upscale Quality LLC 142 Elmira Street SW,
Washington DC 20032 Jerry Simmons
President
202 321 9655
upscalequality@gmail.com
x
100
Electrical $37,843
SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD
Agency: _'HSDUWPHQWRI*HQHUDO6HUYLFHV _______
Prime Contractor: _&KLDUDPRQWH&RQVWUXFWLRQ&RPSDQ\ _
Contract Number: _'&$0&65)3 _
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: $ B _
50% of Total Dollar Amount of Contract: $_
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $
_
(include every tier)
(ضif applies)
Base Period Contract – Option/Extension Period: ________
Multi-year Contract
First Year (Period) of Contract: ________
Current Year (Period) of Contract: ________
Design-Build – Date of Guaranteed Contract: ________
Check if prime contractor is a CBE and will perform the
ENTIRE government-assisted project (agency contract) with its
own organization and resources and NOT subcontract any portion
of the services or goods.
PRIVATE PROJECT SUBSIDY AWARD
Agency Providing Subsidy: ________
District Subsidy: ________
Developer: ________
Amount of District Subsidy: ________
Date District Subsidy Provided/ contract signed: ________
Anticipated Start Date of Project: ________
Anticipated End Date of Project: ________
Project Name: ________
Project Address: ________
Total Development Project Budget: $________
(include pre-construction and construction costs)
35% of the Total Development Project Budget: $________
50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $________
(include every lower tier)
Check if developer is a CBE and will perform the ENTIRE
government-assisted project (private project) with its own
organization and resources and NOT subcontract any portion of
services or goods.
AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION
(ضwhich applies)
The below Agency Contracting Officer or Agency Project Manager affirms the following (ضto affirm):
If the Beneficiary is a CBE, DSLBD was contacted to confirm Beneficiary’s CBE certification.
The fully executed Contract (Base or Option or Extension or Multi-Year) or subsidy document, between the Beneficiary and Agency, was
emailed to DSLBD at Compliance.Enforcement@dc.gov within five (5) days of signing:
FOR AGENCY CONTRACT the SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.gov within five (5) days of signing the contract between the Beneficiary and Agency.
6X]L7DERW ________
Name of Agency Contracting Officer or Agency Project Manager
________
Title of Agency Contracting Officer or Agency Project Manager
&RQWUDFWLQJ2IILFHU ________
Signature
________
Date
Exhibit E – EEO Statement
(Exhibit Will Appear on the Following Page)
Revised
BUSINESS LETTERHEAD HERE
NOTICE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO)
REQUIREMENTS
Mayor’s Order 85-85, “Compliance with Equal Opportunity Requirements in Contracts,” effective
June 10, 1985 (“Mayor’s Order 85-85”); the rules implementing Mayor’s Order 85-85, 4 DCMR
§ 1100 et seq.; and the D.C. Human Rights Act of 1977, as amended, D.C. Code § 2- 1401 et seq.
(“D.C. Human Rights Act”) are hereby included as part of this bid/proposal. Therefore, each
bidder/offeror shall indicate below their written commitment to comply with Mayor’s Order 85-
85, the implementing rules, and the D.C. Human Rights Act. Failure to c omply with these
provisions shall result in rejection of the respective bid/proposal.
I, __________________________, the authorized representative of ________________________
(Name of Contractor/Business), hereinafter referred to as “the Contractor” certify that the
Contractor is fully aware of all of all of the provisions of Mayor’s Order 85-85, the implementing
rules, and the D.C. Human Rights Act. I further certify that the Contractor shall fully comply with
Mayor’s Order 85-85, the implementing rules, and the D.C. Human Right s Act for the trades,
crafts, and skills to be used during the term of the performance of the contract whether or not the
work is subcontracted if the Contractor is awarded the D.C. Governm ent Contract referenced by
the contract number, solicitation number, and/or bid number entered below. Further, I certify that
the Contractor acknowledges and understands that the award of said contract and its continuation
are specifically conditioned upon the Contractor’s compliance with Mayor’s Order 85-85, the
implementing rules, and the D.C. Human Rights Act.
__________________________________ __________________________
Name of Authorized Official and Title Date
__________________________________ __________________________
Signature of Authorized Official Name of Contractor/Business
__________________________________
Contract/Solicitation/Bid Number
2260 Minnesota Ave. SE, Washington, DC 20032 | Phone 202.562.0027 | www.cc-builder.com DC DSLBD CBE# LSZX95366032025
Frank Chiaramonte
Chiaramonte Construction Company Frank Chiaramonte, President
Frank Chiaramonte, President
DCAM-22-CS-RFP-0007
5/29/2025
Chiaramonte Construction Company
5HYLVHG
BUSINESS LETTERHEAD HERE
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY COMMITMENT
________________________ (Name of Contractor/Business) shall not discriminate against any
employee or applicant for employment because of age, color, credit information, disability, family
responsibilities, gender identity and expression, genetic information, hom eless status, marital
status, matriculation, national origin, personal appearance, political affiliation, race, religion, sex,
sexual orientation, or status of a victim or family member of a victim of domestic violence, a sexual
offense, or stalking.
________________________ (Name of Contractor/Business) agrees to take affirmative action to
ensure that applicants are employed, and that employees are treat ed during employment, without
regard to their age, color, credit information, disability, family responsibilities, gender identity and
expression, genetic information, homeless status, marital status, matriculation, national origin,
personal appearance, political affiliation, race, religion, sex, sexual orientation, or status of a victim
or family member of a victim of domestic violence, a sexual offense, or stalking. The affirmative
action shall include, but not be limited to, the following: (1) employme nt, upgrading, or transfer;
(2) recruitment or recruitment advertising; (3) demotion, layoff, or termination; (4) rates of pay, or
other forms of compensation; and (5) selection for training and apprenticeship.
________________________ (Name of Contractor/Business) agrees to post in conspicuous
places, available to employees and applicants for employment, the above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (Name of Contractor/Business) shall, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment pursuant to the above provisions concerning
non-discrimination and equal employment opportunity.
________________________ (Name of Contractor/Business) agrees to send to each labor union
or representative of workers with which it has a collective bargaining agreement, or other contract
or understanding, a notice that it will comply with the above provisi ons concerning non-
discrimination and equal employment opportunity and the contractor’s commit ments represented
herein, and shall post copies of the notice in conspicuous places av ailable to employees and
applicants for employment.
________________________ (Name of Contractor/Business) agrees to permit access to all books,
records, and accounts, pertaining to its employment practices, by the Director of the Office of
Human Rights and the Contracting Agency for purposes of investigation to ascertain compliance
with the above provisions concerning non-discrimination and equal employment opportunity, and
to require under terms of any subcontractor agreement each subcontractor to permit access of the
subcontractors, books, records, and accounts for such purposes.
2260 Minnesota Ave. SE, Washington, DC 20032 | Phone 202.562.0027 | www.cc-builder.com DC DSLBD CBE# LSZX29212122027
Chiaramonte Construction Company
Chiaramonte Construction Company
Chiaramonte Construction Company
Chiaramonte Construction Company
Chiaramonte Construction Company
Chiaramonte Construction Company
5HYLVHG
________________________ (Name of Contractor/Business) agrees to comply with all guidelines
concerning non-discrimination and equal employment opportunity applicable in the District of
Columbia.
________________________ (Name of Contractor/Business) shall include in every subcontract
the above provisions concerning non-discrimination and equal employment opportunity, so that
these provisions shall be binding upon each subcontractor or vendor.
________________________ (Name of Contractor/Business) shall take action with respect to any
subcontract as the Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the prime contractor may request the District to enter into such
litigation to protect the interest of the District.
__________________________________ __________________________
Name of Authorized Official and Title Date
__________________________________ __________________________
Signature of Authorized Official Name of Contractor/Business
2260 Minnesota Ave. SE, Washington, DC 20032 | Phone 202.562.0027 | www.cc-builder.com DC DSLBD CBE# LSZX29212122027
Frank Chiaramonte
Chiaramonte Construction Company
Chiaramonte Construction Company
Chiaramonte Construction Company
Frank Chiaramonte, President 5/29/2025
Chiaramonte Construction Company
EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DC Office of Contracting and Procurement
Employer Information Report (EEO)
Reply to:
Office of
Contracting and Procurement 441 4th
Street, NW, Suite 700 South
Washington,
DC 20001
Instructions:
Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement to
comply with Section D of this report ONLY. One copy shall be retained by the Contractor.
Section A – TYPE OF REPORT
1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)
Single Establishment Employer
(1) ! Single-establishment Employer Report
Multi-establishment Employer
(2) ܆Consolidated Report
(3) ! Headquarters Report
(4) ! Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) ! Special Report
2. Total number of reports being filed by this Company.
Section B – COMPANY IDENTIFICATION OFFICIAL (To be answered by all employers) OFFICIAL USE
ONLY
1. Name of Company which owns or controls the establishment for which this report is filed a.
Address (Number and street) City or Town Country State Zip Code b.
b. Employer
Identification No.
2. Establishment for which this report is filed. OFFICIAL USE
ONLY
a. Name of establishment c.
Address (Number and street) City or Town Country State Zip Code d.
b. Employer
Identification No.
3. Parent of affiliated Company
a. Name of parent or affiliated Company b. Employer Identification No.
Address (Number and street) City or Town Country State Zip Code
Section C - ESTABLISHMENT INFORMATION
1. Is the location of the establishment the same as that reported last
year?
! Yes ! No ! Did not report ! Report on combined
last year basis
2. Is the major business activity at this establishment the same
as that reported last year?
! Yes ! No ! Did not report ! Report on combined
last year basis
OFFICIAL USE
ONLY 3. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale
plumbing supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal
business or industrial activity.)
e.
4. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
5.
! YES ! NO
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 whic h is Obsolete) 84-2P891
2260 Minnesota Ave. SE, Washington, DC 20032 | Phone 202.562.0027 | www.cc-builder.com DC DSLBD CBE# LSZX29212122027
Chiaramonte Construction Company
Chiaramonte Construction Company
2260 Minnesota Ave SE USA DC 20020
2 0 1 5 7 6 3 3 6
Washington
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 co lumns. Blank spaces will be
considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment Including those in minority groups
JOB
CATEGORIES
TOTAL EMPLOYEES IN
ESTABLISHMENT
MINORITY GROUP EMPLOYEES
MALE FEMALE
Total
Employees
Including
Minorities
(1)
Total Male
Including
Minorities
(2)
Total
Female
Including
Minorities
(3)
Black
(4)
Asian
(5)
American
Indian
(6)
Hispanic
(7)
Black
(8)
Asian
(9)
American
Indian
(10)
Hispanic
(11)
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and
Clerical
Craftsman
(Skilled)
Operative (Semi-
Skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employ
reported
in previous report
(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal
On
-
The -Job
Trainee
White
collar
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Production
1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used: __________________
a. ܆Visual Survey c. ܆Other Specify 3. Pay period of last report submitted for this
b. ܆Employment Record establishment: _
Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain major changes
in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check one ܆1) All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
܆2) This report is accurate and was prepared in accordance with the instructions.
Name of Authorized Official Title Signature Date
Name of person contact regarding this report Address (Number and Street)
Title City and State Zip Code Telephone Number Extension
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE
2260 Minnesota Ave. SE, Washington, DC 20032 | Phone 202.562.0027 | www.cc-builder.com DC DSLBD CBE# LSZX29212122027
1
12
1
14 5 3 1
Huy Tran Payroll Manager Huy Tran 5/29/2025
Huy Tran 2260 Minnesota Ave SE
Payroll Manager Washington, DC 20020 202 562-0027 107
2 116 10 6 3 1
2 2 1 1
13 7 6 2 4 2 2
77 75 2 4 71 2
10 10 2 8
7 7 5 1
125 111 14 15 5 87 4 1 5
132 113 17 85 8
00
5/6/2025
Exhibit F - Key Personnel
(Exhibit Will Appear on the Following Page)
ee@chiaremonte
QUALIFICATIONS
Drivensenior-levelconstructionDrojectmanagementprofessional‘extensiveexperienceleadingcross-functionalteamsandcommercialconstructionprojects.Joanneresponsibilityfortheprojectinclude:Collaboratewithengineers,architects,andclientstodeterminethespecificationsoftheproject;Negotiatecontractswithsubcontractors,andvendorstoreachprofitableagreements;Determineneededresources(manpower,equipment,andmaterials)fromstarttofinishwithattentiontobudgetarylimitations;Pianalconstructionoperationsandscheduleintermhasestoensuredeadiineswilluireequipmentandmaterialandmonitorstockstotimelyhandleinadequacies;Hiresubcontractorsandotherstaffandallocateresponsibilities;Ensureadherencetoallhealthandsafetystandardsandreportissuesifany.
YEARSOFEXPERIENCEMorethan23yearsInthecurrentrole:13years
EDUCATION
M.S.,AppliedPhysics
JohnsHopkinsUniversity,cousinsMD‘AerospaceEngineeringCanoraofMarjane,CollegePark,Mi
CERTIFICATIONSRealEstateSalespersonLicense(June2014):StateofMaryland,License#:652036
KEY PERSONNEL
JOANNE MYERS, LREA
PROJECT MANAGER
RELEVANT PROJECT EXPERIENCE
LISTOFATMOST5(FIVE)COMPLETEDPROJECTS
Projectname1:ProjectType
Roleintheproject:Projectsize:Construction cost:
Projectname2:‘TypeofcontractRoleintheproject:ProjectsizeConstruction cost
Projectname3:‘TypeofcontractRoleintheproject:ProjectsizeConstruction cost
Projectname4:‘TypeofcontractRoleintheproject:ProjectsizeConstruction cost
Projectname5:‘TypeofcontractRoleintheproject:ProjectsizeConstructioncost
DC DGS OxxonRun ParkUpgrades-Washington,DC
TypeContract:DesignBuildwithGMPcontractProjectManager8,500 SF
$850,000
DDOTInfrastructureImprovementproject-Washington,DC‘TypeContract:GMP contract
ProjectManager4,500SF$1,200,000
PGCPSCleanWaterPartnershipPark-PG County,MDTypeContract:CostPlusFixedFee
ProjectManagerVaries(about25locationspermonths)$1,500,000
MasseyEngineHouseReplacementProject,MasseyMDProjectType:LumpSumPriceRole:ProjectManagerProjectSize:6,000SFConstructionCost:$1,400,000
ClarendonAnimalUrgentCareTenantFitOut,ArlingtonVAProjectType:LumpSumPriceRole:ProjectManagerProjectSize:3,000SFConstructionCost:$980,000
LISTOF CURRENTWORKING PROJECTS Est.Completion
DPR ADA Upgradepackage3 ‘Spring2025
GCE KEYPERSONNELchiaremonte
RICARDO FLORES
SUPERINTENDENT
RELEVANT PROJECT EXPERIENCE
LISTOF ATMOST5(FIVE)COMPLETEDPROJECTS
Projectname1: McKinleyES FieldRenovation-Washington,DCProjectType DesignBuildContract
Roleintheproject:Superintendent
Projectsize: 110,000SFConstructioncost:$1,500,000
Projectname2: RidgeRdRecreationCenterFieldReplacement-DCHIATISCATIONS| ‘TypeofcontractDesignBuildContractRoleintheproject:Superintendenta 7 Projectsize 98,000 SF
es Constructioncost$1,300,000RicardoisresponsiblefortheoversightofallfieldactivitiesProjectname3: BancroftESRenovation-Washington,DCforeachprojectassigned, ‘TypeofcontractLumpSumContract
aswellasthemanagernentRoleintheproject:SuperintendentProjectsize 94,000 SFofon-sightlaborer. struction t
RicardoisalsoresponsibleConsiuctioncost$8,000,000
forcoordinatingall Projectname 4: StoddertESAddition-WashingtonDC
subcontractors;coordinating‘TypeofcontractLumpSumcontractqualitycontrolinspections, Roleintheproject:Superintendentisit i Projectsize 42,000SFsupervisingandpromotinga xaisger onviteceranvend] Constructioncost$1,500,000
verifyingcontractdocument Projectname5: BurvilleEsPlaygroundUpgrade-WashingtonDC
performance. TypeofcontractDesignBuildContract
Roleintheproject:SuperintendentProjectsize 96,000SFConstructioncost$3,000,000
YearofExperience:
24years
Current inthe role:
15years LISTOFCURRENTWORKINGPROJECTS Est.Completion
NA
CERTIFICATIONS
ABC Schoolof Construction
Management
OSHA 30 certified
CertifiedScaffoldErector
ProcoreSuperintendent
Certified
ee@chiaremonte
QUALIFICATIONS
‘AsVPDesignBuildConstruction,Joeisresponsiblefor:‘OverseesdevelopmentoftheDesign/Buildgroups;Managesthewarrantyandsafetyprogramsforthecompany;consultanttoperformsitesafetyaudits;Sharestechnicalexpertiseconcerningcconstruct-abilityofprojectswiththepreconstructioservices,‘operations,andarchitecturalstaff;MaintainshighclientsatisfactionthroughProjectManagertraining‘andmentoring;Monitorallprojectschedulestoassurethattheprojectteamisproperlytrackingprogressandpreparingforsubsequentwork;AssumesroleofProjectExecutiveonassignedprojects;WorkswithothermarketleaderstohireandtraintheirProjectManagementstaff;AssistsProjectManagersinpreparation‘ofpermitapplicationsanddevelopmentofbidpackages;AssistsProjectManagersinselectionofsubcontractors
YearofExperience:27yearsCurrentintherole:11years
EDUCATIONBSCivilEngineering,1999,VirginiaTechUniversity
CERTIFICATIONSOSHA30certified
KEY PERSONNEL
JOSEPH B. SWANSON. LEED AP
PROJECT EXPECUTIVE
V.P DESIGN-BUILD CONSTRUCTION
RELEVANT PROJECT EXPERIENCE
LISTOFATMOST5(FIVE)COMPLETEDPROJECTS
Projectname 1:
ProjectTypeRoleintheproject:Projectsize:
Construction cost:
Projectname2:‘TypeofcontractRoleintheproject:Projectsize
Constructioncost
Projectname3:‘TypeofcontractRoleintheproject:ProjectsizeConstructioncost
Projectname4:‘TypeofcontractRoleintheproject:Projectsize
Constructioncost
Projectname5:‘TypeofcontractRoleintheproject:Projectsize
Constructioncost
LISTOF CURRENTWORKING PROJECTS
JOWilsonESAddition
EliotHinesES Renovation-Washington,DCDesignBuildContractVicePresident180,000SF$54,500,000
WooddridgeES and MS Renovation-DCDesignBuildContract
VicePresident
98,000SF
$42,300,000
PhilipSousaES Renovation-Washington,DCLumpSumContractVicePresident104,000SF$48,000,000
SeatonSeniorHSAddition-WashingtonDCLumpSumcontractVicePresident112,000SF’$31,500,000
‘TrussdellCampusRenovation-WashingtonDCDesignBuildContract
VicePresident
96,000SF
$23,000,000
Est.Completion
‘Summer2027
H$0,'$$0$/2:303
Asst PROJECT MANAGER
RELEVANT PROJECT EXPERIENCE
KEY PERSONNEL
Project name 1:
Project Type
Role in the project:
Project size:
Construction cost:
Project name 2:
Type of contract
Role in the project:
Project size
Construction cost
Project name 3:
Type of contract
Role in the project:
Project size
Construction cost
Project name 4:
Type of contract
Role in the project:
Project size
Construction cost
Project name 5:
Type of contract
Role in the project:
Project size
Construction cost
'35$'$8SJUDGHSDFNDJH
$2&0LOOZRUN5HVWRUDWLRQ
SSULQJ 202
:LQWHU
9ROWD3DUN Renovation - Washington, DC
Design Build With GMP Contract
Asst Project Manager
10,000 SF
$,00,000
6VW'RJ3DUN 8SJUDGH - Washington, DC
Lump Sum Contract
Asst Project Manager
,000 SF
$750,000
'&6REHULQJ&HQ WHU Renovation - Washington, DC
'HVLJQ%XLOG:LWK*03&RQWUDF W
Project Engineer
0,000 SF
$,00,000
(QJLQH:DVKLQJ0DFKLQH8SJUDGH - Washington DC
Lump Sum contract
Project Engineer
,000 SF
$ 0,000
-HOOHII3DUN)HQFLQJ5HSODFHPHQW - Washington DC
Design Build Contract
Project Engineer
,000 SF
$ 0,000
LIST OF CURRENT WORKING PROJECTS Est. Co mpletion
LIST OF AT MOST 5 (FIVE) COMPLETED PROJECTS
QUALIFICATIONS
MV 0DORZ responsibility includes:
Issue change order requests to
clients and prepare revisions to
the master budget
Maintain set of contract
documents and “as-built”;
electronically posted and
updated drawings with RFIs and
submittal V6XEPLWWDOORJV
Assist with operational support in
reference to the project bidding
process, preparing cost
Estimates, generating scopes of
work, preparing preliminary
schedule and site logistics as
required
YEARS OF EXPERIENCE
More than years
In the current role: year
('8&$7,21
&,2)6&RPPXQLW\&ROOHJH
7ULHVWH,WDO\
$FFRXQWDQW0DMRU
CERTIFICATIONS
303&HUWLILHG 3URFRUH3URMHFW
0DQDJHU&HUWLILHG 3URFRUH
$GPLQ&HUWLILHG
$%&¶V3URMHFW0DQDJHUV
(VWLPDWRUV&HUWLILHG
26+$&HUWLILHG
%OXHSULQW5HDGLQJ
Exhibit G - Davis Bacon Act Wage Determination and 29 CFR
(Exhibit Will Appear on the Following Page)
"General Decision Number: DC20250002 05/30/2025
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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 01/10/2025
6/5/25, 1:13 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/5 1/9
2 01/24/2025
3 02/14/2025
4 02/21/2025
5 05/30/2025
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 40.77 20.17+a
Includes the application of all insulating materials,
protective coverings, coatings and finishes to all types of
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 10.19+a
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-014 10/01/2024
Rates Fringes
FIRESTOPPER......................$ 30.21 10.43+a
Includes the application of materials or devices within or
around penetrations and openings in all rated wall or floor
assemblies, in order to prevent the pasage of fire, smoke
of other gases. The application includes all components
involved in creating the rated barrier at perimeter slab
edges and exterior cavities, the head of gypsum board or
concrete walls, joints between rated wall or floor
components, sealing of penetrating items and blank openings.
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
* BRDC0001-002 04/27/2025
6/5/25, 1:13 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/5 2/9
Rates Fringes
BRICKLAYER.......................$ 38.80 15.17
----------------------------------------------------------------
CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
----------------------------------------------------------------
CARP0219-001 05/01/2024
Rates Fringes
MILLWRIGHT.......................$ 38.61 16.89
----------------------------------------------------------------
CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
----------------------------------------------------------------
ELEC0026-016 06/05/2023
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 53.00 21.35
----------------------------------------------------------------
ELEC0026-017 09/02/2024
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 32.60 12.92
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or wherever
the fire alarm system is installed in conduit. All HVAC
control work.
----------------------------------------------------------------
ELEV0010-001 01/01/2025
Rates Fringes
6/5/25, 1:13 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/5 3/9
ELEVATOR MECHANIC................$ 57.16 38.435+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly rate
for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
IRON0005-005 06/01/2024
Rates Fringes
IRONWORKER, STRUCTURAL AND
ORNAMENTAL.......................$ 37.86 25.86
----------------------------------------------------------------
IRON0005-012 05/01/2024
Rates Fringes
IRONWORKER, REINFORCING..........$ 31.88 23.78
----------------------------------------------------------------
LABO0011-009 06/01/2024
Rates Fringes
LABORER: Skilled................$ 29.66 8.29
FOOTNOTE: Potmen, power tool operator, small machine
operator, signalmen, laser beam operator, waterproofer
(excluding roofing), open caisson, test pit, underpinning,
pier hole and ditches, laggers and all work associated with
lagging that is not expressly stated, strippers, operator
of hand derricks, vibrator operators, pipe layers, or tile
layers, operators of jackhammers, paving breakers, spaders
or any machine that does the same general type of work,
carpenter tenders, scaffold builders, operators of
towmasters, scootcretes, buggymobiles and other machines of
similar character, operators of tampers and rammers and
other machines that do the same general type of work,
whether powered by air, electric or gasoline, builders of
trestle scaffolds over one tier high and sand blasters,
power and chain saw operators used in clearing, installers
of well points, wagon drill operators, acetylene burners
and licensed powdermen, stake jumper,demolition.
----------------------------------------------------------------
* MARB0002-004 04/27/2025
Rates Fringes
MARBLE/STONE MASON...............$ 45.65 21.21
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 04/27/2025
Rates Fringes
6/5/25, 1:13 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/5 4/9
TERRAZZO WORKER/SETTER...........$ 34.34 14.20
----------------------------------------------------------------
* MARB0003-007 04/27/2025
Rates Fringes
TERRAZZO FINISHER................$ 28.85 12.55
----------------------------------------------------------------
* MARB0003-008 04/27/2025
Rates Fringes
TILE SETTER......................$ 34.34 14.20
----------------------------------------------------------------
* MARB0003-009 04/27/2025
Rates Fringes
TILE FINISHER....................$ 28.85 12.55
----------------------------------------------------------------
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
6/5/25, 1:13 PM SAM.gov
https://sam.gov/wage-determination/DC20250002/5 5/9
Rates Fringes
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
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rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
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
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be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
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 H - Design-Builder’s Designated Representatives
(Exhibit Will Appear on the Following Page)
Design-Builder’s Designated Representatives
Frank Chiaramonte
President
Chiaramonte Construction Company
2260 Minnesota Avenue
Washington DC, 20020
frank@cc-builder.com
Exhibit I - Department’s Designated Representatives
(Exhibit Will Appear on the Following Page)
Department’s Designated Representatives
Eric Njonjo
Acting Chief Procurement Officer,
Contracts and Procurement
Department of General Services
3924 Minnesota Avenue NE, 5th Floor
Washington, DC 20019
Exhibit J1 – Standard Contract Provisions (Construction)
(Exhibit Will Appear on the Following Page)
Standard Contract Provisions - Page 1 of 24
District of Columbia Department of General Services
Standard Contract Provisions
GENERAL P ROVISIONS
(Construction Contract)
ARTICLE 1. DEFINITIONS
A. “Government” as used herein means the District of Columbia Department of General Services,
(DGS) that is a party to a contract.
B. “Executive” as used herein means the elected head of the Government as set forth in [Public Law
93-198 dated December 24, 1973, Title 4, Part B, Section 422(1)] (Or relevant local law).
C. “Contracting Officer” as used herein means the Government official authorized to
execute and administrate the Contract on behalf of the Government. Within DGS, the D irector is
the Chief Contracting Officer. The Director may mak e delegations of procurement authority to
additional contracting officers within DGS.
D. “Contract Documents” or “Contract” as used herein m eans Addenda, Contract Form, Standard
Contract Provisions, Instructions to Bidders, Gener al Provisions, Labor Provisions, Performance
and Payment Bonds, Specifications, Special Provisions, Contract Drawi ngs, approved written
Change Orders and Agreements required to acceptably complete the Contract, including
authorized extensions thereof.
ARTICLE 2. SPECIFICATIONS AND DRAWINGS —The Contractor shall keep on the work site a copy of
Contract drawings and specifications and shall at a ll times give the Contracting Officer access theret o.
Anything mentioned in the specifications and not sh own on the Contract drawings, or shown on the
Contract drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned
in both.
There shall be no change orders or equitable adjustments for work related to items appearing in either the
Contract drawing or specifications.
All Contract requirements are equally binding. Each Contract requirement, whether or not omitted
elsewhere in the Contract, is binding as though occ urring in any or all parts of the Contract. In case of
discrepancy:
1. The Co ntracting Officer shall be promptly notified in wri ting of any error, discrepancy or
omission, apparent or otherwise.
2. Applica ble Federal, State, and Municipal Code requirements have priority over: the
Contract fo rm, General Provisions, Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.
3. The Contract form, Standard Contract Provisions, General Provisions and Lab or
Provisio ns have priority over: Change Orders, Addenda, Cont ract drawings, Special
Provisions and Specifications.
4. Cha nge Orders have priority over: Addenda, Contract drawings and Specifications.
5. Addend a have priority over: Contract drawings, Special Pr ovisions and Specific ations. A
later dated A ddendum has priority over earlier dated Addend a.
6. Special Provision s have priority over: Contract drawings and other specifications .
Standard Contract Provisions - Page 2 of 24
7. Shown and indicated dimensions have priority over scaled dimensions.
8. Original scale drawings and details have priority o ver any other different scale drawings
and details.
9. Large scale drawings and details have priority over small scale drawings and details.
10. Any adjustment by the Contractor without a prior determination by the Contracting Officer
shall be at his own risk and expense. The Contracti ng Officer will furnish from time to
time such detail drawings and other information as he may consider necessary, unless
otherwise provided.
ARTICLE 3. CHANGES
A. DESIGNATED CHANGE ORDERS —The Contracting Officer may, at any time, without notice to
the sureties, by written order designated or indica ted to be a change order, make any change in
the work within the general scope of the Contract, including but not limited to changes
1. In the Contract drawings and specifications;
2. In the method or manner of performance of the work;
3. In the Government furnished facilities, equipment, materials or services; or
4. Directing acceleration in the performance of the work.
Nothing provided in this Article shall excuse the C ontractor from proceeding with the prosecution
of the work so changed.
B. OTHER CHANGE ORDERS —Any other written order or an oral order (which term as used in this
Section (B) shall include direction, instruction, i nterpretation, or determination) from the
Contracting Officer which causes any such change, s hall be treated as a Change Order under
this Article, provided that the Contractor gives th e Contracting Officer written notice stating the
date, circumstances and sources of the order and th at the Contractor regards the order as a
Change Order.
C. GENERAL REQUIREMENTS —Except as herein provided, no order, statement or conduct of the
Contracting Officer shall be treated as a change un der this Article or entitle the Contractor to an
equitable adjustment hereunder. If any change under this Article causes an increase or decrease
in the Contractor’s cost of, or the time required for, the performance of any part of the work under
this Contract whether or not changed by any order, an equitable adjustment shall be made and
the Contract modified in writing accordingly; provided, however, that except for claims based on
defective specifications, no claim for any change under (B) above shall be allowed for any cost
incurred more than 20 days before the Contractor gives written notice as therein requi red unless
this 20 days is extended by the Contracting Officer and provided further, that in case of defective
drawings and specifications, the equitable adjustme nt shall include any increased cost
reasonably incurred by the Contractor in attempting to comply with such defective drawings and
specifications.
If the Contractor intends to assert a claim for an equitable adjustment under this Article, he must,
within 30 days after receipt of a written Change Or der under (A) above or the furnishing of a
written notice under (B) above, submit to the Contr acting Officer a written statement setting forth
the general nature and monetary extent of such clai m, unless this period is extended by the
Contracting Officer. The statement of claim hereunder may be included in the notice under (B)
above.
Standard Contract Provisions - Page 3 of 24
With respect to the notification requirements hereu nder, time is of the essence. A failure to
provide timely notice constitutes waiver of the cla im. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after final payment under the Contract.
D. CHANGE ORDER BREAKDOWN —Contract prices shall be used for Change Order wor k where
work is of similar nature; no other costs, overhead or profit will be allowed.
Where Contract prices are not appropriate and the n ature of the change is known in advance of
construction, the parties shall attempt to agree on a fully justifiable price adjustment and/or
adjustment of completion time.
When Contract prices are not appropriate, or the pa rties fail to agree on equitable adjustment, or
in processing claims, equitable adjustment for Chan ge Order work shall be per this Article and
Article 4 and shall be based upon the breakdown sho wn in following subsections 1. through 7.
The Contractor shall assemble a complete cost break down that lists and substantiates each item
of work and each item of cost.
1. Labor —Payment will be made for direct labor cost plus in direct labor cost such as
insurance, taxes, fringe benefits and welfare provi ded such costs are considered
reasonable. Indirect costs shall be itemized and ve rified by receipted invoices. If
verification is not possible, up to 18 percent of direct labor costs may be allowed . In
addition, up to 20 percent of direct plus indirect labor costs may be allowed for overhead
and profit.
2. Bond —Payment for additional bond cost will be made per bond rate schedule submitted
to the Office of Contracting and Procurement with the executed Contract.
3. Materials —Payment for cost of required materials will be F.O.B. destination (the job site)
with an allowance for overhead and profit.
4. Rented Equipment —Payment for required equipment rented from an outs ide company
that is neither an affiliate of, nor a subsidiary of, the Contractor will be based on receipted
invoices which shall not exceed rates given in the current edition of the Rental Rate Blue
Book for Construction Equipment published by Data Quest. If actual rental rates exceed
manual rates, written justification shall be furnished to the Contracting Officer fo r
consideration. No additional allowance will be made for overhead and profit. The
Contractor shall submit written certification to the Contracting Officer that any requ ired
rented equipment is neither owned by nor rented from the Contractor or an affiliate of or
subsidiary of the Contractor.
5. Contractor’s Equipment — Payment for required equipment owned by the Contractor or
an affiliate of the Contractor will be based solely on an hourly rate derived by dividing the
current appropriate monthly rate by 176 hours. No p ayment will be made under any
circumstances for repair costs, freight and transportation charges, fuel, lubricants,
insurance, any other costs and expenses, or overhea d and profit. Payment for such
equipment made idle by delays attributable to the Government will be based on one-half
the derived hourly rate under this subsection.
6. Miscellaneous —No additional allowance will be made for general s uperintendence, use
of small tools and other costs for which no specific allowance is herein provided.
Standard Contract Provisions - Page 4 of 24
7. Subcontract Work —Payment for additional necessary subcontract work will be based
on applicable procedures in 1. through 6., to which total additional subcontract work up to
an additional 10 percent may be allowed for the Contractor’s overhead and profit.
ARTICLE 4. EQUITABLE ADJUSTMENT OF CONTRACT TERMS
The Contractor is entitled to an equitable adjustment of the contract terms whenever the following
situations develop:
A. DIFFERING SITE CONDITIONS:
1. During the progress of the work, if subsurface or latent physical conditions are encountered
at the site differing materially from those indicated in the contract or if unknown physical
conditions of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the work provided for in the contract, are encountered at
the site, the Contractor, upon discovering such conditions, shall promptly notify the
Contracting Officer in writing of the specific differing conditions before they are disturbed and
before the affected work is performed.
2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she
determines that the conditions materially differ and cause an increase or decrease in the cost
or time required for the performance of any work under the contract, an adjustment, excluding
loss of anticipated profits, will be made and the contract modified in writing accordingly. The
Contracting Officer will notify the Contractor of his/her determination whether or not an
adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the
Contractor has provided the required written notice; a failure to notify the Contracting Officer
of the changed conditions prior to work being disturbed by said conditions shall constitute a
permanent waiver of all right to compensation related to the changed conditions by the
Contractor.
4. No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.
B. SUSPENSION OF WORK ORDERED BY THE CONTRACTING OF FICER:
1. If the performance of all or any portion of the work is suspended or delayed by the
Contracting Officer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the Contractor believes that
additional compensation and/or contract time is due as a result of such suspension or delay,
the Contractor shall submit to the Contracting Officer in writing a request for equitable
adjustment within seven (7) calendar days of receipt of the notice to resume work. The
request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the Contracting Officer will evaluate the Contractor’s request. If the Contracting
Officer agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by conditions
beyond the control or and not the fault of the contractor, its suppliers, or subcontractors at
any approved tier, and not caused by weather, the Contracting Officer will make an
adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting
Officer will notify the Contract of his/her determination whether or not an adjustment of the
contract is warranted.
3. No contract adjustment will be allowed unless the Contractor has submitted the request for
adjustment within the time prescribed; a failure to submit a request for adjustment in the time
Standard Contract Provisions - Page 5 of 24
prescribed shall constitute waiver of all right to compensation related to the suspension of
work by the Contractor.
4. No contra ct adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustmen t is provided
for or excl uded under any other term of condition of this contra ct.
C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK :
1. The Co ntracting Officer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to satisfactorily
compl ete the project. Such changes in quantities and alterations sh all not invalidate the
contract no r release the surety, and the Contractor agrees to perform the work as altere d.
2. If the alterations or changes in quantities significantly change the character of the work unde r
the cont ract, whether or not changed by any such different quantities or alteration s, an
adju stment, excluding loss of anticipated profits, will be made to the contract. The basis for
the adju stment shall be agreed upon prior to the performance of the work. If a basis ca nnot
be agreed u pon, then an adjustment will be made either for or against the Contractor in su ch
amount a s the Contracting Officer may determine to be fair and reasonabl e.
3. If the alterations or changes in quantities significantly change the characte r of the work to be
perfo rmed under the contract, the altered work will be paid for as provided el sewhere in the
contract.
4. The term “sig nificant change” shall be construed to apply only to the following circumstan ces:
a. Whe n the character of the work as altered differs materially in ki nd or nature from that
involved or in cluded in the original proposed constructi on; or
b. When an item of work is increased in excess of 125 percent or decreased below 75
percent of the original contract quantity. Any allowance for an increase in quantit y
shall a pply only to that portion in excess of 125 percent of original contra ct item
quantity, or in the case of a decrea se below 75 percent, to the actual amount of work
perfo rmed.
ARTICLE 5. TERMINATION
TERMINATION GENERALLY- Termination, whether for default or convenience, is not a Government
claim. The Contracting Officer may terminate a con tract for default, in whole or in part, if the term ination
is in the best interests of the Government, and the Contractor does any of the following:
(a) Fails to deliver the goods or complete the work or services within the time specified in the
contract or any modification;
(b) Fails to make sufficient progress on contract p erformance so as to endanger performance of the
contract within the time specified or in the manner specified in the contract;
(c) Fails or refuses to go forward with the work in accordance with the direction of the Contracting
Officer;
(d) Expresses through word or conduct an intention not to complete the work in accordance with the
directions of the Contracting Officer;
(e) Fails to perform any of the other provisions of the contract;
(f) Materially deviates from the representations an d capabilities set forth in the Contractor’s
response to the solicitation.
A termination for default is a final decision of a Contracting Officer. In order to contest a termina tion for
default, the Contractor must submit a certified request to convert the termination for default to a
termination for convenience with all documents supp orting such conversion and comply with all contract
Standard Contract Provisions - Page 6 of 24
provisions and laws relating to terminations for convenience, including the submissio n of a certified
termination for convenience settlement proposal. The submission of the certified request for conversion to
a termination for convenience and certified termina tion settlement proposal to the Contracting Officer
must occur prior to 90 days from the date of the Contracting Officer’s final decision.
DELAYS —If the Contractor refuses or fails to prosecute the work, or any separable part thereof , with
such diligence as will insure its completion within the time specified in the Contract, or any extensi on
thereof, or fails to complete said work within spec ified time, the Government may, by written notice t o the
Contractor, terminate his right to proceed with the work or such part of the work involving the delay. In
such event the Government may take over the work and prosecute the same to completion, by contract or
otherwise, and may take possession of and utilize in completing the work such materials, appliances, and
plant as may have been paid for by the Government or may be on the site of the work and necessary
therefore. Whether or not the Contractor’s right to proceed with the work is terminated, he and his
sureties shall be liable for any liability to the G overnment resulting from his refusal or failure to complete
the work within the specified time.
If fixed and agreed liquidated damages are provided in the Contract and if the Gov ernment does not so
terminate the Contractor’s right to proceed, the re sulting damage will consist of such liquidated damages
until the work is completed and accepted.
The Contractor’s right to proceed shall not be so t erminated nor the Contractor charged with resulting
damage if:
1. The delay in the completion the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including but not restricted to acts of God, acts
of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of
another contractor in the performance of a contract with the Government, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes , climatic conditions beyond the normal which
could be anticipated, or delays of subcontractors o r suppliers arising from unforeseeable causes
beyond the control and without the fault or negligence of both the Contractor and such
subcontractors or suppliers (the term subcontractors or suppliers shall mean subcontractors or
suppliers at any tier); and
2. The Contractor, within 72 hours from the beginning of any such delay, (unless the Contracting
Officer grants a further period of time before the date of final payment under the Contract) notifies
the Contracting Officer in writing of the causes of delay.
The Contracting Officer shall ascertain the facts a nd the extent of the delay and extend the time far
completing the work when, in his judgment, the find ings of fact justify such an extension, and his fin dings
of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein.
If, after notice of termination of the Contractor’s right to proceed under the provisions of this Arti cle, it is
determined for any reason that the Contractor was n ot in default under the provisions of this Article, or
that the delay was excusable under the provisions o f this Article, the rights and obligations of the p arties
shall be in accordance with Article 6 herein. Failu re to agree to any such adjustment shall be a dispu te
concerning a question of fact within the meaning of Article 7 herein.
The rights and remedies of the Government provided in this Article are in addition to any other rights and
remedies provided by law or under the Contract.
The Government may, by written notice, terminate the Contract or a portion thereof as a result of an
Executive Order of the President of the United Stat es with respect to the prosecution of war or in the
interest of national defense. When the Contract is so terminated, no claim for loss of anticipated pro fits
will be permitted.
ARTICLE 6. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
Standard Contract Provisions - Page 7 of 24
A. The performance of work under the Contract may be t erminated by the Government in
accordance with this Article in whole, or in part, whenever the Contracting Officer shall
determine that such termination is in the best inte rest of the Government. Any such termination
shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent
to which performance of work under the Contract is terminated, and the date upon which such
termination becomes effective.
B. After receipt of a Notice of Termination, and excep t as otherwise directed by the Contracting
Officer, the Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the Notice of
Termination.
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the wor k under the Contract as is not
terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the performance of
work terminated by the Notice of Termination.
4. Assign to the Government, in the manner, at the tim es, and to the extent directed by the
Contracting Officer, all of the right, title and in terest of the Contractor under the orders and
subcontracts so terminated, in which case the Government shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
5. Settle all outstanding liabilities and all claims a rising out of such termination of orders or
subcontracts, with the approval or ratification of the Contracting Officer to the extent he may
require, which approval or ratification shall be final for all purposes of this Article.
6. Transfer title to the Government and deliver in the manner, at the times, and to the extent, if
any, directed by the Contracting Officer
:
a. The fabricated or unfabricated parts, work in progress, completed work, supplies, and
other material procured as a part of, or acquired in connection with , the performance
of the work terminated by the Notice of Termination, and
b. The completed, or partially completed plans, drawings information and other property
which, if the Contract bad been completed, would have been required to be furnished
to the Government.
7. Use his best efforts to sell, in the manner, at the terms, to the extent, and at the
price or prices directed or authorized by the Contracting Officer, any property of the
types referred to in 6 above provided, however, that the Contractor:
a. Shall not be required to extend credit to any purchaser, and
b. May acquire any property under the conditions presc ribed and at a price or prices
approved by the Contracting Officer, and
c. Provided further, that the proceeds of any such transfer or disposition shall be applied
in reduction of any payments to be made by the Gove rnment to the Contractor under
the Contract or shall otherwise be credited to the price or cost of the work covered by
the Contract or paid in such other manner as the Contracting Officer may direct.
Standard Contract Provisions - Page 8 of 24
8. Complete performance of such part of the work as sh all not have been terminated by the
Notice of Termination.
9. Take such action as may be necessary, or as the Contracting Officer m ay direct, for the
protection and preservation of the property related to the Contract which is in the
possession of the Contractor and in which the Gover nment has or may acquire an
interest.
10. The Contractor shall proceed immediately with the performance of the above
obligations notwithstanding any delay in determinin g or adjusting the cost, or any item of
reimbursable cost, under this Article.
11. “Plant clearance period” means, for each particular property classification (such as
raw materials, purchased parts and work in progress ) at any one plant or location, a
period beginning with the effective date of the termination for convenience and end ing 90
days after receipt by the Contracting Officer of ac ceptable inventory schedules covering
all items of that particular property classificatio n in the termination inventory at that plant
or location, or ending on such later date as may be agreed to by the Contracting Officer
and the Contractor. Final phase of a plant clearanc e period means that part of a plant
clearance period which occurs alter the receipt of acceptable inventory schedules
covering all items of the particular property classification at the plant or location.
At any time after expiration of the plant clearance period, as defined above, the Contractor
may submit to the Contracting Officer a list, certi fied as to quantity and quality, of any or
all items of termination inventory not previously disposed of, exclusive of items the
disposition of which has been directed or authorized by the Contracting Officer, and may
request the Government to remove such items or enter into a storage agreement covering
them. Not later than 15 days thereafter, the Government will accept title to such items and
remove them or enter into a storage agreement covering the same; provided, that the list
submitted shall be subject to verification by the C ontracting Officer upon removal of the
items or, if the items are stored, within 45 days from the date of submission of the list, and
any necessary adjustments to correct the list as su bmitted, shall be made prior to final
settlement.
C. After receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer
his termination claim, in the form with the certifi cation prescribed by the Contracting Officer.
Such claim shall be submitted promptly but in no ev ent later than 90 days from the effective
date of termination, unless one or more extensions in writing are granted by the Contracting
Officer upon request of the Contractor made in writ ing within such 90 day period or authorized
extension thereof. In the event the Contractor was terminated for default and it asserts that it is
entitled to a termination for convenience, its cert ified request for the conversion of the default
termination to one for convenience and its certifie d termination settlement proposal must be
submitted to the Contracting Officer prior to the e xpiration of 90 days from the date of the
default termination. With respect to a termination for convenience, if the Contracting Officer
determines that the facts justify such action, he may receive and act upon any such termination
claim at any time after such 90 day period or exten sion thereof. Nothing herein shall be
construed to extend the time for the submission of a claim hereunder for a defaulted Contractor
beyond 90 days from the date of the default termina tion. Upon failure of the Contractor to
submit his termination claim within the time allowed, the Contracting Officer may, subject to any
review required by the Government’s procedures in e ffect as of the date of execution of the
Contract, determine, on the basis of information av ailable to him, the amount, if any, due to the
Contractor by reason of the termination and shall thereupon pay to the Contractor the amount
so determined.
D. Subject to the provisions of C above, and subject to any review required by the Government’s
procedures in effect as of the date of execution of the Contract, the Contractor and Contracting
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Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor by reason of the total or partial termin ation of work pursuant to this Article, which
amount or amounts may include a reasonable allowance for profit on work done; provi ded, that
such agreed amount or amounts, exclusive of settlem ent costs, shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further reduced
by the Contract price of work not terminated. The Contract shall b e amended accordingly, and
the Contractor shall be paid the agreed amount. Not hing in E below prescribing the amount to
be paid to the Contractor in the event of failure of the Contractor and the Contr acting Officer to
agree upon the whole amount to be paid to the Contr actor by reason of the termination of work
pursuant to this Article, shall be deemed to limit, re strict or otherwise determine or effect the
amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this
paragraph.
E. In the event of the failure of the Contractor and t he Contracting Officer to agree as provided in
D above upon the whole amount to be paid to the Con tractor by reason of the termination of
work pursuant to this Article, the Contracting Officer shall, subject to any review requir ed by the
Government’s procedures in effect as of the date of execution of the Contract, determine, on
the basis of information available to him, the amount, if any, due the Contractor by reason of
the termination and shall pay to the Contractor the amounts determined by the Contracting
Officer, as follows, but without duplication of any amounts agreed upon in accordance with D
above:
1. With respect to all Contract work performed prior to the effective date of the Notice of
Termination, the total (without duplication of any items) of:
a. The cost of such work;
b. The cost of settling and paying claims arising out of the termination of
work under subcontracts or orders as provided in B 5. above, exclusive
of the amounts paid or payable on account of suppli es or materials
delivered or services furnished by the subcontractor prior to the
effective date of the Notice of Termination of work under the Contract,
which amounts shall be included in the cost on acco unt of which
payment is made under E1.a. above; and
c. A sum, as profit on E.1.a. above, determined by the Contracting
Officer to be fair and reasonable; provided however, that if it appears
that the Contractor would have sustained a loss on the entire Contract
had it been completed, no profit shall be included or allowed under this
subparagraph and an appropriate adjustment shall be made reducing
the amount of the settlement to reflect the indicat ed rate of loss; and
provided further that profit shall be allowed only on preparations made
and work done by the Contractor for the terminated portion of the
Contract but may not be allowed on the Contractor’s settlement
expenses. Anticipatory profits and consequential da mages will not be
allowed. Any reasonable method may be used to arriv e at a fair profit,
separately or as part of the whole settlement.
2. The reasonable cost of the preservation and protection of property incurred
pursuant to B.9; and any other reasonable cost incidental to termination of work
under the Contract including expense incidental to the determination of the
amount due to the Contractor as the result of the termination of work under the
Contract.
F. The total sum to be paid to me Contractor under E.1. above shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further
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reduced by the Contract price of work not terminated. Except for normal spoilage, and
except to the extent that the Government shall have otherwise expressly assumed the risk
of loss, there shall be excluded from the amounts payable to the Contractor under
E.1. above, the fair value, as determined by the Contracting Officer, of property which
is destroyed, lost, stolen or damaged so as to become undeliverable to the Government, or
to a buyer pursuant to B.7 above.
G. The Contractor shall have the right of appeal, under Article 7 herein, from any
determination made by the Contracting Officer under C. or E. above, except that, if the
Contractor has failed to submit his claim within the time provided in C above and has failed to
request extension of such time, he shall have no su ch right of appeal. In any case where the
Contracting Officer has made a determination of the am ount due under C. or E. above, the
Government shall pay to the Contractor the following:
1. If there is no right of appeal hereunder or if no t imely appeal has been taken, the
amount so determined by the Contracting Officer, or
2. If an appeal had been taken, the amount finally determined on such appeal.
H. In arriving at the amount due the Contractor under this Article there shall be deducted:
1. all unliquidated advance or other payments on account theretofore made to the
Contractor, applicable to the terminated portion of the Contract;
2. any claim which the Government may have against the Contractor in connection with
the Contract; and
3. the agreed price for, or the proceeds of sale of, any materials, supplies or other things
kept by the Contractor or sold, pursuant to the provisions of this Article and no t
otherwise recovered by or credited to the Government.
I. If the termination hereunder be partial, prior to t he settlement of the terminated portion of the
Contract, the Contractor may file with the Contracting Officer a request in writing for an
equitable adjustment of the price or prices specifi ed in the Contract relating to the continued
portion of the Contract (the portion not terminated by the Notice of Termination), a nd such
equitable adjustment as may be agreed upon shall be made at such price or prices; however,
nothing contained herein shall limit the right of the Government and the Contractor to agr ee
upon the amount or amounts to be paid to the Contra ctor for the completion of the continued
portion of the Contract when said Contract does not contain an established Contract price for
such continued portion.
J. The Government may from time to time, under such terms and conditions as it may prescribe,
make partial payments against costs incurred by the Contractor in connection with the
terminated portion of the Contract whenever in the opinion of the Contracting Officer the
aggregate of such payments shall be within the amou nt to which the Contractor will be
entitled hereunder. If the total of such payments i s in excess of the amount finally agreed or
determined to be due under this Article, such exces s Shall be payable by the Contractor to
the Government upon demand, together with interest computed at the rate of 6 percent pe r
annum for the period from the date such excess is r eceived by the Contractor to the date on
which such excess is repaid to the Government; prov ided however, that no interest shall be
charged with respect to any such excess payment att ributable to a reduction in the
Contractor’s claim by reason of retention or other disposition of termination inventory until ten
days after the date of such retention or dispositio n, or such later date as determined by the
Contracting Officer by reason of the circumstances.
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K. Unless otherwise provided in the Contract or by applicable statute, the Contractor , from the
effective date of termination and for a period of three years after final settlement under the
Contract, shall preserve and make available to the Government at all reasonable times at the
office of the Contractor, but without direct charge to the Government, all his books, records,
documents and other evidence bearing on the costs a nd expenses of the Contractor under
the Contract and relating to the work terminated hereunder, or, to the extent approved by the
Contracting Officer, photographs and other authentic reproductions thereof.
ARTICLE 7. DISPUTES
A. All disputes arising under or relating to this contract shall be resolved as provided herein.
B. Claims by a Contractor against the Government.
(1) Claim, as used in Section B of this clause, means a written assertion by the Contractor seeking,
as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) All claims by a Contractor against the Governme nt arising under or relating to a contract shall be
in writing and shall be submitted to the Contracting Officer for a decision.
(b) Within 120 days after receipt of a claim, the C ontracting Officer shall issue a decision, whenever
possible taking into account factors such as the size and complexity of the claim and the
adequacy of the information in support of the claim provided by the Contractor.
(c) Any failure by the Contracting Officer to issue a decision on a contract claim within the required
time period shall be deemed to be a denial of the claim and shall authorize the commencement of
an appeal on the claim as otherwise provided.
(d) (1) If a Contractor is unable to support any pa rt of his or her claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of the
Contractor, the Contractor shall be liable to the Government for an amount equal to the
unsupported part of the claim in addition to all costs to the Government attributable to the cost of
reviewing that part of the Contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the
misrepresentation of fact or fraud.
(e) All cost data, pricing data, and task data of c laims hereunder must be certified as accurate,
complete, required, and necessary to the best of the Contractor’s knowledge and belief. Further,
all task or work data in the claim must be described therein to the smallest unit of work or task.
The Contracting Officer may require any additional certifications, descriptions or explanations of
the claim.
(f) The parties agree that time is of the essence a nd all claims hereunder must be presented to the
Contracting Officer for a final decision within thirty (30) days of the occurrence of the
circumstances giving rise to such claim or within thirty (30) days of when the Contractor knew or
should have known of the circumstances giving rise to such claim, otherwise compensation for
that claim is waived.
(g) The parties agree that there shall be no claims for unabsorbed home office overhead.
(2) The Contractor’s claim shall contain at least t he following:
(a) A description of the claim and the amount in dispute;
(b) Any data or other information in support of the claim;
(c) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(d) The Contractor’s request for relief or other action by the Contracting Officer.
(e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim.
(3) The decision of the Contracting Officer shall b e final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the Contractor.
(4) Pending final decision of an appeal, action, or final settlement, a Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the Contracting Officer.
C. Claims by the Government against a Contractor
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(a) Claim as used in Section C of this clause, means a written demand or written assertion by the
Government, including the Contracting Officer, seeking, as a matter of right, the payment of money in a
sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A
claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be
construed to require the Government to notify the Contractor prior to the issuance of the Contracting
Officer’s final decision.
(b) (1) All claims by the Government against a Contractor arising under or relating to a contract shall be
decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision
to the Contractor.
(2) The decision shall be supported by reasons and shall inform the Contractor of his or her rights.
Specific findings of fact shall not be required.
(3) This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
(4) The decision of the Contracting Officer shall be final and not subject to review unless an administrative
appeal or action for judicial review is timely commenced by the Contractor.
(5) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently
with performance of the contract in accordance with the decision of the Contracting Officer.
ARTICLE 8. PAYMENTS TO CONTRACTOR —Unless otherwise provided in the Contract, the
Government will pay the contract price or prices as hereinafter provided in accordance with Government
regulations.
The Government will make progress payments monthly as the work proceeds, or at more frequent
intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer.
The Contractor shall furnish a breakdown of the tot al Contract price showing the amount included
therein for each principal category of the work, in such detail as requested, to provide a basis for
determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion,
may authorize material delivered on the site and pr eparatory work done to be taken into consideration.
Material delivered to the Contractor at locations other than the site may also be taken into consideration:
1. If such consideration is specifically authorized by the Contract;
2. If the Contractor furnishes satisfactory evidence t hat he has acquired title to such material, that it
meets Contract requirements and that it will be utilized on the work covered by the Contract; and
3. If the Contractor furnishes to the Contracting Officer an itemized list.
The Contracting Officer at his/her discretion shall cause to be withheld retention in an amount sufficient
to protect the interest of the Government. Unless otherwise agreed, the amount shall not exceed ten
percent (10%) of the partial payment. However, if the Contracting Officer, at any time after 50 percent of
the work has been completed, finds that satisfactor y progress is being made, he may authorize any of
the remaining progress payments to be made in full or may retain from such remaining partial payments
less than 10 percent thereof. Also, whenever work i s substantially complete, the Contracting Officer, if
he considers the amount retained to be in excess of the amount adequate for the protection of the
Government, at his discretion, may release to the Contractor all or a portion of such excess amount.
Furthermore, on completion and acceptance of each s eparate building, public work, or other division of
the Contract, on which the price is stated separate ly in the Contract, payment may be made therefore
without retention of a percentage, less authorized deductions.
All material and work covered by progress payments made shall thereupon become the sole property of
the Government, but this provision shall not be con strued as relieving the Contractor from the sole
responsibility for all material and work upon which payments have been made or the restoration of any
damaged work, or as waiving the right of the Govern ment to require the fulfillment of all of the terms of
the Contract.
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Upon completion and acceptance of all work, the amount due the Contractor under the Contract shall be
paid upon presentation at a properly executed voucher and after the Contractor shall have furnished the
Government with a release, if required, of all clai ms against the Government arising by virtue of the
Contract, other than claims in stated amounts as ma y be specifically excepted by the Contractor from
the operation of the release.
ARTICLE 9. TRANSFER OR ASSIGNMENT —Unless otherwise provided by law, neither the Cont ract
nor any interest therein may be transferred or assi gned by the Contractor to any other party without t he
written consent of the Contracting Officer nor with out the written acceptance by the surety on the
performance and payment bond securing the Contract of the assignee as the Contractor and the
principal on such bond; and any attempted transfer or assignment not authorized by this Article shall
constitute a breach of the Contract and the Governm ent may for such cause terminate the right of the
Contractor to proceed in the same manner as provide d in Article 5 herein, and the Contractor and his
sureties shall be liable to the Government for any excess cost occasioned the Government thereby.
ARTICLE 10. MATERIAL AND WORKMANSHIP
A. GENERAL —Unless otherwise specifically provided in the Contract, all equipment, material and
articles incorporated in the work covered by the Co ntract shall be new and of the most suitable
grade for the purpose intended. Unless otherwise sp ecifically provided in the Contract, reference
to any equipment, material, article or patented pro cess, by trade name, make or catalog number,
shall be regarded as establishing a standard of qua lity and shall not be construed as limiting
competition., and the Contractor may use any equipm ent, material, article or process which, in
the judgment of the Contracting Officer, is equivalent to that named unless otherwise specified.
The Contractor shall furnish to the Contracting Off icer for his approval the name of the
manufacturer, the model number, and other identifyi ng data and information respecting the
performance, capacity, nature and rating of the mec hanical and other equipment which the
Contractor contemplates incorporating in the work. Machinery and equipment shall be in proper
condition. When required by the Contract or when ca lled for by the Contracting Officer, the
Contractor shall furnish to the Contracting Officer for ap proval full information concerning the
material or articles which he contemplates incorpor ating in the work. When so directed, samples
shall be submitted for approval at the Contractor’s expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles instal led or used without required approval shall be
at the risk of subsequent rejection and subject to satisfactory replacement at Contractor’s
expense.
B. SURPLUS MATERIALS USE —Whenever specified in the Contract or authorized by the
Contracting Officer that materials become the property of the Contractor, which by
reference or otherwise shall include disposal of materials, it is understood that the
Contractor accepts such materials “as is” with no further expense or liability to the Government. If
such material specified in the Contract will have a potential or real interest of value, the
Contractor shall make allowance in the Contract to show such value.
C. GOVERNMENT MATERIAL —No materials furnished by the Government shall be applied to any
other use, public or private, than that for which t hey are issued to the Contractor. The full amount
of the cost to the Government of all materials furnished by the Government to the Contractor and
for which no charge is made, which are not accounted for by the Contractor to the satisfaction of
the Contracting Officer, will be charged against th e Contractor and his sureties and may be
deducted from any monies due the Contractor, and th is charge shall be in addition to and not in
lieu of any other liabilities of the Contractor whe ther civil or criminal. Materials furnished by the
Government for which a charge is made at a rate mentioned in the specifications will be delivered
to the Contractor upon proper requisitions therefore and will be charged to his account.
D. Plant —The Contractor shall at all times employ sufficien t tools and equipment for prosecuting
the various classes of work to full completion in t he manner and time required. The Contractor
shall at all times perform work in sufficient light and shall provide proper illumination, including
Standard Contract Provisions - Page 14 of 24
lighting required for night work as directed, as a Contract requirement. All equipment, tools,
formwork and staging used on the project shall be of sufficient size and in proper mechanical and
safe condition to meet work requirements, to produc e satisfactory work quality and to prevent
injury to persons, the project or adjacent property . When methods and equipment are not
prescribed in the Contract, the Contractor is free to use tools, methods and equipment that he
satisfactorily demonstrates will accomplish the work in conformity with Contract requirements.
If the Contractor desires to use a method or type o f tool or equipment other than specified in the
Contract, he shall request approval to do so; the request shall be in writing and shall include a full
description of proposed methods, tools and equipment and reason for the change or substitution.
Approval of substitutions and changed methods will be on condition that the Contractor will be
fully responsible for producing work meeting Contract requi rements. If after trial use of the
substituted methods, tools and equipment, the Contracting Officer determines that work produced
does not meet Contract requirements, the Contractor shall complete remaining work with
specified methods, tools and equipment.
E. CAPABILITY OF WORKERS- All work under the Contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may req uire the Contractor to remove from the
work any such employees as the Contracting Officer deems incompetent, careless,
insubordinate, or otherwise objectionable, or whose continued employment on the work is
deemed by the Contracting Officer to be contrary to the public interest. Such request will be in
writing:
F. CONFORMITY OF WORK AND MATERIALS —All work performed and materials and products
furnished shall be in conformity, within indicated tolerances, with lines, grades, cross sections,
details, dimensions, material and construction requ irements shown or intended by the drawings
arid specifications.
When materials, products or work cannot be correcte d, written notice of rejection will be issued.
Rejected materials, products and work shall be elim inated from the project and acceptably
replaced at Contractor’s expense. The Contracting O fficer’s failure to reject any portion of the
project shall not constitute implied acceptance nor in any way release the Contractor from
Contract requirements.
G. UNAUTHORIZED WORK AND MATERIALS —Work performed or materials ordered or
furnished for the project deviating from requiremen ts and specifications without written authority,
will be considered unauthorized and at Contractor’s expense. The Government is not obligated to
pay for unauthorized work. Unauthorized work and materials may be ordered removed and
replaced at Contractor’s expense.
ARTICLE 11. INSPECTION AND ACCEPTANCE —Except as otherwise provided in the Contract,
inspection and test by the Government of material a nd workmanship required by the Contract shall be
made at reasonable times and at the site of the work, unless the Contracting Officer determines that such
inspection or test of material which is to be incor porated in the work shall be made at the place of
production, manufacture or shipment of such materia l. To the extent specified by the Contracting Offi cer
at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as
to whether the material involved conforms to Contra ct requirements. Such off-site inspection or test s hall
not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in
any way affect the continuing rights of the Government after acceptance of the completed wo rk under the
terms of the last paragraph of this Article, except as herein above provided.
The Contractor shall, without charge, replace any m aterial and correct any workmanship found by the
Government not to conform to Contract requirements and specifications, unless in the public interest t he
Government consents to accept such material or workmanship with an appropriate adjustment in Contract
price. The Contractor shall promptly segregate and remove rejected material from the premises at
Contractor’s expense.
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If the Contractor does not promptly replace rejecte d material or correct rejected workmanship, the
Government:
1. May, by contract or otherwise, replace such material and correct such workmanship and
charge the cost thereof to the Contracto r, or
2. May terminate the Contractor’s right to proceed in accordance with Article 5 herein.
The Contractor shall furnish promptly, without addi tional cost to the Government, all facilities,
labor and material reasonably needed for performing such safe and convenient inspection and
test as may be required by the Contracting Officer. All inspections and tests by the Government
shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and
performance tests shall be performed as described in the Contract. The Contractor shall be
charged with any additional cost of inspection when material and workmanship are not ready for
inspection at the time specified by the Contractor.
Should it be considered necessary or advisable by t he Contracting Officer at any time before
acceptance of the work, either in part or in its en tirety, to make an examination of work
completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all
necessary facilities, labor and material to do same . If such work is found to be defective or
nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he
shall defray all the expenses of such examination a nd of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, an equitable adjustment shall be
made in the Contract price to compensate the Contra ctor for the additional services involved in
such examination and reconstruction and, if completion of the work has been delayed thereby, he
shall, in addition, be granted an equitable extension of time.
Unless otherwise provided in the Contract, acceptan ce by the Government will be made as
promptly as practicable after completion and inspec tion of all work required by the Contract.
Acceptance shall be final and conclusive except as regards to latent defects, deficiencies, non-
conforming work, fraud, or such gross mistakes as m ay amount to fraud, or as regards the
Government’s rights under any warranty or guaranty, or as otherwise provided herein.
ARTICLE 12. SUPERINTENDENCE BY CONTRACTOR —The Contractor shall give his personal
superintendence to the performance of the work or h ave a competent foreman or superintendent,
satisfactory to the Contracting Officer, on the wor k site at all times during progress, with authority to act
for him.
ARTICLE 13. PERMITS AND RESPONSIBILITIES —The Contractor shall, without expense to the
Government, be responsible for obtaining any necess ary licenses, certificates and permits, and for
complying with any applicable Federal, State, and M unicipal laws, codes and regulations, in connection
with the prosecution of the work. He shall be simil arly responsible for all damages to persons or prop erty
that occurs as a result of his fault or negligence. He shall take proper safety, health and environmen tal
precautions to protect the work, the workers, the p ublic, and the property of others. He shall also be
responsible for all materials delivered and work pe rformed until completion and acceptance of the enti re
construction work, except for any completed unit of construction thereof which theretofore may have been
accepted.
ARTICLE 14. INDEMNIFICATION —
A. The Contractor shall indemnify and save harmless th e Government and all of its officers, agents
and servants against any and all claims or liabilit y arising from or based on, or as a consequence
or result of, any act, omission or default of the C ontractor, his employees, or his subcontractors,
in the performance of, or in connection with, any work required, contemplated or performed under
the Contract.
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B. Disputes between the Contractor and any subcontract ors, material suppliers, or any other third
parties over payments allegedly owed by the Contrac tor to a third party shall be resolved
exclusively between the Contractor and the third pa rty; the Contractor shall permit no pass-
through suits to be brought against the Government by a third party in the Contractor’s name.
However, nothing herein shall be construed to preve nt the Contractor from paying a
subcontractor’s claim and seeking a timely equitable adjustment hereunder.
ARTICLE 15. PROTECTION AGAINST TRESPASS —Except as otherwise expressly provided in the
Contract, the Contractor is authorized to refuse ad mission either to the premises or to the working sp ace
covered by the Contract to any person whose admissi on is not specifically authorized in writing by the
Contracting Officer.
ARTICLE 16. CONDITIONS AFFECTING THE WORK
A. GENERAL —The Contractor shall be responsible for having taken steps reasonably
necessary to ascertain the nature and location of t he work, and the general and local conditions
which can affect the work and the cost thereof. Any failure by the Contractor to do so will not
relieve him from responsibility for successfully pe rforming the work as specified without additional
expense to the Government. The Government assumes n o responsibility for any understanding or
representation concerning conditions made by any of its officers or agents prior to the execution of
the Contract, unless such understanding or represen tation by the Government is expressly stated
in the Contract.
B. WORK AND STORAGE SPACE —Available work and storage space designated by the
Government shall be developed as required by the Contract or restored at completion of the
project by the Contractor to a condition equivalent to that existing prior to construction. No payment
will be made for furnishing or restoration of any w ork and storage space. If no area is designated
or the area designated is not sufficient for the Co ntractor’s operations, he shall obtain necessary
space elsewhere at no expense or liability to the Government.
C. WORK ON SUNDAYS, LEGAL HOLIDAYS AND AT NIGHT —No work shall be done at any time
on Sundays or legal holidays or on any other day be fore 7 a.m. or after 7 p.m., except with the
written permission of the Contracting Officer and p ursuant to the requirements of the Police
Requirements of the Government.
D. EXISTING FEATURES —Subsurface and topographic information including b orings data, utilities
data and other physical data contained in the Contract or otherwise available, are not intended as
representations or warranties but are furnished as available information. The Government
assumes no expense or liability for the accuracy of, or interpretations made from, existing features.
The Contractor shall be responsible for reasonable consideration of existing features above and
below ground which may affect the project.
E. UTILITIES AND VAULTS —The Contractor shall take necessary measures to pr event interruption
of service or damage to existing utilities within or adjacent to the project. It shall be the Contractor’s
responsibility to determine exact locations of all utilities in the field.
For any underground utility or vault encountered, t he Contractor shall immediately notify the
Contracting Officer and take necessary measures to protect the utility or vault and maintain the
service until relocation by owner is accomplished. No additional payment will be made for the
encountering of these obstructions.
In case of damage to utilities by the Contractor, e ither above or below ground, the Contractor shall
restore such utilities to a condition equivalent to that which existed prior to the damage by
repairing, rebuilding or otherwise restoring as may be directed, at the Contractor’s sole expense.
Standard Contract Provisions - Page 17 of 24
Damaged utilities shall be repaired by the Contract or or, when directed by the Contracting Officer,
the utility owner will make needed repairs at the Contractor’s expense.
No compensation, other than authorized time extensi ons, will be allowed the Contractor for
protective measures, work interruptions, changes in construction sequence, changes in methods of
handling excavation and drainage or changes in type s of equipment used, made necessary by
existing utilities, imprecise utility or vault info rmation or by others performing work within or
adjacent to the project.
F. SITE MAINTENANCE —The Contractor shall maintain the project site in a neat and presentable
manner throughout the course of all operations, and shall be responsible for such maintenance
until final acceptance by the Government. Trash con tainers shall be furnished, maintained and
emptied by the Contractor to the satisfaction of th e Contracting Officer. Excavated earthwork,
stripped forms and all other materials and debris n ot scheduled for reuse in the project shall be
promptly removed from the site.
The Contracting Officer may order the Contractor to clean up the project site at any stage of work
at no added expense to the Government If the Contra ctor fails to comply with this order, the
Contracting Officer may require the work to be done by others and the costs will be ch arged to the
Contractor.
Upon completion of all work and prior to final insp ection, the Contractor shall clean up and remove
from the project area and adjacent areas all excess materials, equipment, temporary structures,
and refuse, and restore said areas to an acceptable condition.
G. PRIVATE WORK —Except as specifically authorized by the Contracti ng Officer, the Contractor
shall not perform any private work abutting Governm ent projects with any labor, materials, tools,
equipment, supplies or supervision scheduled for the Contract until all work under the Contract has
been completed. Contract materials used for any unauthoriz ed purpose shall be subtracted from
Contract amount.
H. GOVERNMENT NOISE CONTROL ACT OF 1977 —The contractor shall be in strict compliance
with [D.C. Law 2-53, Government of Columbia Noise Control Act of 1977 and all provisions thereof.
Effective March 16, 1978. 24 D.C.Register 5293.] (Or relevant local law)
ARTICLE 17. OTHER CONTRACTS —The Government may undertake or award other contra cts for
additional work and the Contractor shall fully coop erate with such other contractors and Government
employees and carefully coordinate his own work wit h such additional work as may be directed by the
Contracting Officer. It is the duty of the Contractor to coordinate its activities with all third parties,
including, but not limited to utilities, who may af fect the Contract work hereunder. The Contractor s hall
not commit or permit any act which will interfere w ith the performance of work by any other contractor or
by Government employees. The Government assumes no liability, other than authorized time extensions,
for Contract delays and damages resulting from dela ys and lack of progress by others. The Contractor
shall make no claim against the Government for dela y or damages resulting from the actions of third
parties, including, but limited to utilities.
ARTICLE 18. PATENT INDEMNITY —Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employ ees against liability, including costs and expenses ,
for infringement upon any Letters Patent of the Uni ted States (except Letters Patent issued upon an
application which is now or may hereafter be, for r easons of national security, ordered by the Federal
Government to be kept classified or otherwise withh eld from issue) arising out of the performance of t he
Contract or out of the use or disposal, by or for t he account of the Government, of supplies furnished or
construction work performed hereunder.
ARTICLE 19. ADDITIONAL BOND SECURITY —If any surety upon any bond furnished in connection
with the Contract becomes unacceptable to the Gover nment, or if any such surety fails to furnish repor ts
Standard Contract Provisions - Page 18 of 24
as to his financial condition from time to time as requested by the Government, the Contractor shall
promptly furnish such additional security as may be required from time to time to protect the interest s of
the Government and of persons supplying labor or ma terials in the prosecution of the work contemplated
by the Contract. Provided that upon the failure of the Contractor to furnish such a dditional security within
ten (10) days after written notice so to do, all pa yments under the Contract will be withheld until su ch
additional security is furnished.
ARTICLE 20. COVENANT AGAINST CONTINGENT FEES —The Contractor warrants that no person or
selling agency has been employed or retained to solicit or secure the Contract upon an agre ement or
understanding for a commission, percentage, brokera ge or contingent fee, excepting bona fide
employees or bona fide established commercial or se lling agencies maintained by the Contractor for the
purpose of securing business. For breach or violati on of this warranty, the Government shall have the
right to terminate the Contract without liability o r in its discretion to deduct from the Contract pri ce or
consideration, or otherwise recover, the full amoun t of such commission, percentage, brokerage or
contingent fee.
ARTICLE 21. APPOINTMENT OF ATTORNEY —The Contractor does hereby irrevocably designate and
appoint the Clerk of the Superior Court of the Gove rnment and his successors in office as the true and
lawful attorney of the Contractor for the purpose o f receiving service of all notices and processes is sued
by any court in the Government, as well as service of all pleadings and other papers, in relation to a ny
action or legal proceeding arising out of or pertai ning to the Contract or the work required or perfor med
hereunder.
The Contractor expressly agrees that the validity of any service upon the said Clerk as herein authori zed
shall not be affected either by the fact that the C ontractor was personally within the District of Col umbia
and otherwise subject to personal service at the ti me of such service upon the said Clerk or by the fa ct
that the Contractor failed to receive a copy of suc h process, notice, pleading or other paper so serve d
upon the said Clerk, provided that said Clerk shall have deposited in the United States mail, certifie d and
postage prepaid, a copy of such process, notice, pl eading or other papers addressed to the Contractor at
the address stated in the Contract.
ARTICLE 22. GRATUITIES AND GOVERNMENT EMPLOYEES NOT TO BENEFIT
A. If it is found by the Department that gratuities (in the form of entertainment, gifts, payment, off ers
of employment or otherwise) were offered or given b y the Contractor, or any agent or
representative of the Contractor, to any official, employee or agent of the District with a view
toward securing the Contract or any other contract or securing favorable treatment with respect to
the awarding or amending, or the making of any dete rminations with respect to the performance
of the Contract, the Department may, by written notice to the Contractor, terminate the right of the
Contractor to proceed under the Contract without liability and may pursue such other rights and
remedies provided by law and under the Contract.
B. In the event the Contract is terminated as provi ded above, the Department shall be entitled:
1. to pursue the same remedies against the Contractor as it could pursue in the e vent of a
breach of the Contract by the Contractor; and
2. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary
damages in an amount (as determined by the Departme nt) which shall be not less than ten
times the costs incurred by the Contractor in provi ding any such gratuities to any such officer
or employee.
C. Unless a determination is made as provided herein, no officer or employee of the Government will
be admitted to any share or part of this contract o r to any benefit that may arise therefrom, and
any contract made by the Contracting Officer or any Government employee authorized to execute
contracts in which they or an employee of the Gover nment will be personally interested shall be
Standard Contract Provisions - Page 19 of 24
void, and no payment shall be made thereon by the G overnment or any officer thereof, but this
provision shall not be construed to extend to this contract if made with a corporation for its
general benefit. A Government employee shall not be a party to a contract with the Government
and will not knowingly cause or allow a business co ncern or other organization owned or
substantially owned or controlled by the employee t o be a party to such a contract, unless a
written determination has been made by the head of the procuring agency that there is a
compelling reason for contracting with the employee , such as when the Government’s needs
cannot reasonably otherwise be met. [DC Procurement Prac tices Act of l985, D.C. Law 6-85,
D.C. Official Code, section 2-310.01, and Chapter 1 8 of the DC Personnel Regulations] (Or
relevant local law). The Contractor represents and covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contracto r further covenants not to employ any
person having such known interests in the performance of the contract.
ARTICLE 23. WAIVER —No Governmental waiver of any breach of any provis ion of the Contract shall
operate as a waiver of such provision or of the Con tract or as a waiver of subsequent or other breache s
of the same or any other provision of the Contract; nor shall any action or non-action by the Contract ing
Officer or by the Government be construed as a waiver of any provision of the Contract or of any breach
thereof unless the same has been expressly declared or recognized as a waiver by the Contracting
Officer or the Government in writing.
ARTICLE 24. BUY AMERICAN.
The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. § 10a), including, but
not limited to, the purchase of steel.
A. AGREEMENT— In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order
10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order
11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the Contractor agrees that only
domestic construction material will be used by the Contractor, subcontractors, material men and
suppliers in the performance of the Contract, excep t for non-domestic material listed in the
Contract.
B. DOMESTIC CONSTRUCTION MATERIAL —”Construction material” means any article, materia l
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 const ruction material is a “domestic construction
material” if it has been manufactured in the United States and if the cost of its components which
have been mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. “Component” means any articl e, material, or supply directly incorporated in
a construction material. -
C. DOMESTIC COMPONENT —A component shall be considered to have been “mine d, produced,
or manufactured in the United States” regardless of its source, in fact, if the article, material or
supply in which it is incorporated was manufactured in the United States and the component is of
a class or kind determined by the Government to be not mined, produced or manufactured in the
United States in sufficient and reasonably availabl e commercial quantities and of a satisfactory
quality.
D. FOREIGN MATERIAL – When steel materials are used in a project a minimal use of foreign steel
is permitted. The cost of such materials cannot ex ceed on-tenth of one percent of the total
project cost, or $2,500,000, whichever is greater.
ARTICLE 25. TAXES
Standard Contract Provisions - Page 20 of 24
A. FEDERAL EXCISE —Materials, supplies and equipment are not subject to the Federal
Manufacturer’s Excise Tax, if they are furnished or used in connection with the Contract provided
that title to such materials, supplies and equipment passes to the Government under the
Contract. The Contractor shall in such cases furnis h his subcontractors and suppliers with a
purchaser’s certificate in the form prescribed by the U.S. Internal Revenue Service.
B. SALES AND USE TAXES —Materials which are physically incorporated as a p ermanent part of
real property are not subject to Government Sales a nd Use Tax. The Contractor shall, when
purchasing such materials, furnish his suppliers wi th a Contractor’s Exempt Purchase Certificate
in the form prescribed in the Sales and Use Tax Reg ulations of the Government. Where the
Contractor, subcontractor or material man has alrea dy paid the Sales and Use Tax on material,
as prescribed above, the Sales and Use Tax Regulati ons of the Government permit the
Contractor, subcontractor or material man to deduct the sales or use tax on the purchase price of
the same on his next monthly return as an adjustment. However, the Contractor, subcontractor or
material man must satisfy the Chief Financial Offic er for the Government that no sum in
reimbursement of such tax was included in the Contract or else that the Government has
received a credit under the Contract in an amount equal to such tax.
Government Sales and Use Tax shall be paid on any m aterial and supplies, including equipment
rentals, which do not become a physical part of the finished project. [See Government of
Columbia Sales and Use Tax Administration Ruling No. 6] (Or relevant local law).
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
provisions of [D.C. Law 9-260] (Or relevant local law), as amended, codified in [D.C. Code46-103]
(Or relevant local law), Employer Contributions, prior to award.
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
applicable tax filing and licensing requirements se t forth in [D.C. Code, Title 47, Taxation and
Fiscal Affairs] (Or relevant local law), prior to contract award.
ARTICLE 26. SUSPENSION OF WORK —The Contracting Officer may order the Contractor i n writing to
suspend, delay or interrupt all or any part of the work for such period of time as he may determine to be
appropriate for the convenience of the Government.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed or interrupted by an act of the Contracting Officer in the administration of the Contract, or by his
failure to act within the time specified in the Con tract (or if no time is specified, within a reasona ble time),
an adjustment will be made for an increase in the c ost of performance of the Contract (excluding profi t)
necessarily caused by such unreasonable suspension, delay or interruption and the Contract modified in
writing accordingly. However, no adjustment will be made under this Article for any suspension, delay or
interruption to the extent:
1. That perfo rmance would have been so suspended, delayed or int errupted by an y other
cau se, including the fault or negligence of the contract or, or
2. For which an equitable adjustment is provided or exclud ed under any other provision of
the Contract.
No claim under this Article shall be allowed:
1. For any costs incurred more than 20 days before the Con tractor shall have notified the
Contracting Officer in writing of the act or failure to act involved (but this requirement shall
no apply as to a claim resulting from a suspension order), and
Standard Contract Provisions - Page 21 of 24
2. Unless the claim, in an amount stated, is asserted in writing as soon as practicable after
the termin ation of such suspension, delay, or interruption, b ut not later than the date of
final payment under the Contract.
ARTICLE 27. SAFETY PROGRAM
A. GENERAL —In order to provide safety controls for the protec tion of the life and health of
Government and Contract employees and the general p ublic; prevention of damage to property,
materials, supplies, and equipment; and for avoidance of work interruptions in the performance of
the Contract, the Contractor shall comply with all applicable Federal and local laws governing
safety, health and sanitation including the Safety Standards, Rules and Regulations issued by the
American National Standards, U. S. Department of La bor, U. S. Department of Health and
Human Services, [D.C. Minimum Wage and Industrial S afety Board] (Or relevant local law) and
the latest edition of “Manual of Uniform Traffic Co ntrol Devices” issued by the Federal Highway
Administration.
The Contractor shall also take or cause to be taken such additional safety measures as the
Contracting Officer may determine to be reasonably necessary.
The Contractor shall designate one person to be responsible for carrying out the Contractor’s
obligation under this Article.
The Contractor shall maintain an accurate record of all accidents resulting in death, injury,
occupational disease, and/or damage to property, ma terials, supplies, and equipment incident to
work performed under the Contract. Copies of these reports shall be furnished to the Contracting
Officer within two working days after occurrence.
The Contracting Officer will notify the Contractor of any noncompliance with the foregoing
provisions and the action to be taken. The Contract or shall, after receipt of such notice,
immediately take corrective action. Such notice, wh en delivered to the Contractor or his
representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor
fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part
of the work until satisfactory corrective action ha s been taken. No part of the time lost due to any
such stop orders shall be made the subject of claim for extension of time or for excess costs or
damages by the Contractor.
This Article is applicable to all subcontractors used under the Contract and compliance with these
provisions by the subcontractors will be the responsibility of the Contractor.
(In Contracts involving work of short duration or of non-hazardous character, the following Section
B. will be deleted by Special Provision)
B. CONTRACTOR’S PROGRAM SUBMISSION —Prior to commencement of the work, the
Contractor shall:
1. Submit in writing to the Contracting Officer for his approval his program for complying with
this Article for accident prev ention.
2. Meet with the Contracting Officer’s Safety Representativ e after submission of the above
program to develop a mutual understanding relative to the administration of the overall safety
prog ram.
ARTICLE 28. RETENTION OF RECORDS —Unless otherwise provided in the Contract, or by applicable
statute, the Contractor, from the effective date of Contract completion and for a period of three years after
final settlement under the Contract, shall preserve and make available to the Government at all
Standard Contract Provisions - Page 22 of 24
reasonable times at the office of the Contractor but without direct charge to the Government, all his
books, records, documents, and other evidence bearing on the costs and expenses of the Contractor
under the Contract.
ARTICLE 29. RECOVERY OF DEBTS OWED THE GOVERNMENT--- The Contractor hereby agrees
that the Government may use all or any portion of any payment, consideration or refund due the
Contractor under the Contract to satisfy, in whole or part, any debt due the Government.
ARTICLE 30. ADMINISTRATIVE LIQUIDATED DAMAGES--- In addition to any other liquidated
damages provided for in the Contract, the Contractor hereby agrees that the Government may assess
administrative liquidated damages for the Contractor’s failure to submit when due any deliverable
required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the
administrative liquidated damages shall be $250 per day until the required deliverable is received and
accepted by the Government. The Government’s remedies for failure to comply with the Contract terms
and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the
Government’s ability to terminate the Contractor for the failure to submit Contract deliverables when due.
ARTICLE 31. ANTI-COMPETITIVE PRACTICES AND ANTI-KICKBACK PROVISIONS.
A. The Contractor recognizes the need for markets to operate competitively and shall observe and
shall comply with all applicable law, rules, and regulations prohibiting anti-competitive practices.
The Contractor shall not engage, directly or indirectly, in collusion or other anti-competitive
practices that reduces or eliminates competition or restrains trade. The Department shall report
to the appropriate authority any activity that evidences a violation of the antitrust laws, and take
such other further action to which it is entitled or obligated under the law.
B. The Contractor shall observe and comply with all applicable law, rules, and regulations prohibiting
kickbacks and, without limiting the foregoing, Contractor shall not (i) provide or attempt to provide
or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii)
include, directly or indirectly, the amount of any kickback in the contract price charged by
Contractor or a Subcontractor of the Construction Manager to the Department. The Contractor
shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in this subparagraph in its own operations and direct business relationships.
The Department may take any recourse available to it under the law for violations of this anti-
kickback provision.
C. The Contractor represents and warrants that it did not, directly or indirectly, engage in any
collusive or other anti-competitive behavior in connection with the bid, negotiation or award of the
Contract. Further, the Contractor represents and warrants that it will not either directly or
indirectly, engage in any collusive or other anti-competitive behavior in connection with the
performance and administration of the Contract. In the event the Department determines that
there has been a violation of these provisions, it may terminate the contract without liability.
ARTICLE 32. NON-DISCRIMINATION IN EMPLOYMENT PROVISIONS.
A. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap. The affirmative action shall include, but
not be limited to, the following:
1. Employment, upgrading, or transfer;
2. Recruitment or recruitment advertising;
3. Demotion, layoff, or termination;
Standard Contract Provisions - Page 23 of 24
4. Rates of pay, or other forms of compensation; an d
5. Selection for training and apprenticeship.
B. Unless otherwise permitted by law and directed by the Department, the Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.
C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in this Section.
D. The Contractor agrees to send to each labor union or representative of workers with which it has
a collective bargaining agreement, or other contract or understanding, a notice to be provided by
the Department, advising each labor union or workers' representative of the Contractor's
commitments under this Section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
E. The Contractor agrees to permit access by the Department to all books, records and accounts
pertaining to its employment practices for purposes of investigation to ascertain compliance with
this Section, and shall post copies of the notices in conspicuous places available to employees
and applicants for employment.
F. The Contractor shall include in every subcontract the equal opportunity clauses of this Section so
that such provisions shall be binding upon each Subcontractor or vendor.
G. The Contractor shall take such action with respect to any Subcontractor as the Contracting
Officer may direct as a means of enforcing these provisions, including sanctions for non-
compliance.
ARTICLE 33. ETHICAL STANDARDS FOR DEPARTMENT’S EMPLOYEES AND FORMER
EMPLOYEES ---The Department expects the Contractor to observe the highest ethical standards and to
comply with all applicable law, rules, and regulations governing ethical conduct or conflicts of interest.
Neither the Contractor, nor any person associated with the Contractor, shall provide (or seek
reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any employee of
the District or the Department not in conformity with applicable law, rules or regulations. The Contractor
shall not engage the services of any person or persons in the employment of the Department or the
District for any Work required, contemplated or performed under the Contract. The Contractor may not
assign to any former Department or District employee or agent who has joined the Contractor's firm any
matter on which the former employee, while in the employ of the Department, had material or substantial
involvement in the matter. The Contractor may request a waiver to permit the assignment of such matters
to former Department personnel on a case-by-case basis. The Contractor shall include in every
subcontract a provision substantially similar to this section so that such provisions shall be binding upon
each Subcontractor or vendor.
ARTICLE 34. CONSTRUCTION. The Contract shall be construed fairly as to all parties and not in favor
of or against any party, regardless of which party prepared the Contract.
ARTICLE 35. SURVIVAL. All agreements warranties, and representations of the Contractor contained
in the Contract or in any certificate or document furnished pursuant to the Contract shall survive
termination or expiration of the Contract.
ARTICLE 36. REMEDIES CUMULATIVE. Unless specifically provided to the contrary in the Contract,
all remedies set forth in the Contract are cumulative and not exclusive of any other remedy the
Government may have, including, without limitation, at law or in equity. The Government’s rights and
Standard Contract Provisions - Page 24 of 24
remedies will be exercised at its sole discretion, and shall not be regarded as conferring any obligation on
the Government’s to exercise those rights or remedies for the benefit of the Contractor or any other
person or entity.
ARTICLE 37. ENTIRE AGREEMENT; MODIFICATION. The Contract supersedes all contemporaneous
or prior negotiations, representations, course of dealing, or agreements, either written or oral. No
modifications to the Contract shall be effective against the Department unless made in writing signed by
both the Department and the Contractor, unless otherwise expressly provided to the contrary in the
Contract. Nothing herein shall be construed to limit the Department’s right to issue unilateral modifications
to the contract.
ARTICLE 38. SEVERABILITY. In the event any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Contract, and in lieu of each such
invalid, illegal or unenforceable provision, there shall be added automatically as a part of this Contract a
provision as similar in terms to such invalid, illegal or unenforceable provision as may be possible and be
valid, legal and enforceable; each part of this Contract is intended to be severable.
ARTICLE 39. FORCE MAJEURE--- If the Contractor, because of Force Majeure, is rendered wholly or
partly unable to perform its obligations when due under this Contract, the Contractor may be excused
from whatever performance is affected by the Force Majeure to the extent so affected. In order to be
excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours
of the occurrence or event, the Contractor must provide the Contracting Officer written notice of its
inability to perform as well as a description of the force majeure and its effect on Contract performance.
The Contracting Officer will have the right to cause the inspection of the work site to determine the validity
of the Contractor’s assertion of its inability to perform. If the Contracting Officer agrees that the
Contractor is wholly or partly unable to perform its obligations under the Contract a decision will be issued
indicating the extent to which the Contractor is excused from its performance obligations. In no event will
the Contractor be entitled to money damages from the Government due to force majeure.
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Exhibit K - Form of Lien Waiver
(Exhibit Will Appear on the Following Page)
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
RELEASE OF LIEN
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Release of Liens :
The undersigned (insert Consultant/Contractor), has been paid partial payments tot aling the sum of
(insert net amounts), which is _____% of the current contract value, in accordance with the c ontract terms
for the above referenced project, and hereby indemnifies, waives, releases and holds the District of
Columbia harmless for the above referenced project, including all claims , right to liens, and stop work
notices upon said premises or the improvements thereon under the statutes of the ju risdiction in which
the project is located.
In consideration of this payment due in the net amount of insert net amount due, in accordance with
contract terms for the above referenced project. Hereby indemnifies, waives, a nd releases the District of
Columbia for the above referenced project. All claims, right to liens, stop work notices upon said premises
or the improvements thereon under the statues of the jurisdiction in which the project is located .
The undersigned further represents and warrants, as of this date, that he/she is du ly authorized to sign
and execute this Release of Liens on behalf of (insert Consultant/Contractor); that (ins ert Consultant/
Contractor) has properly performed all work in accordance with the Contr act Documents and that all
consultants, subcontractors or material men have been paid for all labor, includ ing fringe benefits,
workers compensation, materials, equipment, services, taxes, insurance premiums, and bonds (if
required), and that any materials supplied to or incorporated in this proj ect were taken from fully paid or
open stock with any exceptions noted below.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________
DISTRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ d ay of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
Notary Public, D.C.
My commission expires: _______________________________
[NOTARIAL SEAL]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
_____________________________________________________________________________________________
2000 14TH STREET, NW, 5TH FLOOR, WASHINGTON, D.C. 20009
FAX: (202) 671-0648
FINAL RELEASE OF LIENS AND CLAIMS
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Final Release of Liens and Claims:
The undersigned (insert Consultant/Contactor name), in consideration of payments received and upon
receipt of the amount of a final payment of $ __________________ hereby indemnifies, wai ves, releases,
and holds the District of Columbia harmless for the above referenced project, includi ng all claims, right to
liens, terminations, and stop notices upon said premises or the improvements thereon under the statutes
of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, that he/she is duly authorized to sign
and execute this Release of Final Liens and Claims on behalf of (insert Consultant /Contractor; that
(insert Consultant /Contractor) has properly performed all work and furnished all materials of the specified
quality in accordance with all contract documents in an acceptable workmanlike manner to the
Department of General Services/Construction Division, District of Columbia and that (insert Consultant
/Contractor) has paid for all labor, including fringe benefits and workers compensation, all materials,
equipment, services, taxes, insurance premiums, and bonds (if required) and tha t any materials supplied
to or incorporated in this project have been paid.
(Insert Consultant/Contactor) is executing this Final Release of Liens and Claims for the express purpose
of inducing the District to make final disbursement and payment to (insert Consultant/Contactor name) of
$__________________.
This letter must be signed and notarized below by authorized individuals .
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________
DISTRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
Notary Public, D.C.
My commission expires: _______________________________
[NOTARIAL SEAL]
Exhibit L -GMP Summary
(Exhibit Will Appear on the Following Page)
Depatment of General Serices
Project Name: ADA Package #3
Project Address:
Trinidad Recreation Center - 1310 Childress St NE, Washington DC 20002
Bald Eagle Recreation Center - 100 Joliet St SW, Washington DC 20032
Fort Stanton Recreation Center - 1812 Erie St SE, Washington DC 20020
Date:
Architect:
Estimator:
C.S.I Letter Contract GMP CBE Letter Contract +
GMP
01000 106,600.00 $ 106,600.00 $ 106,600.00 $
02000 86,300.00 $ 86,300.00 $ 86,300.00 $
03000 79,538.00 $ 79,538.00 $ 79,538.00 $
04000 40,190.00 $ 40,190.00 $ 40,190.00 $
06000 28,844.00 $ 28,844.00 $ 28,844.00 $
06400 4,590.00 $ 4,590.00 $
08100 19,431.00 $ 19,431.00 $ 19,431.00 $
09200 51,844.00 $ 52,144.00 $ 51,844.00 $
09300 50,490.00 $ 50,490.00 $
09900 19,500.00 $ 19,500.00 $ 19,500.00 $
10000 12,240.00 $ 12,240.00 $
10000 22,815.00 $ 22,815.00 $
22000 81,737.00 $ 81,737.00 $
26000 38,600.00 $ 38,600.00 $ 38,600.00 $
28000 68,969.00 $ 68,969.00 $
31000 14,000.00 $ 14,000.00 $ 14,000.00 $
32000 8,160.00 $ 8,160.00 $
- $ 733,849.00 $ 485,147.00 $ 733,848.00 $
90,000.00 $ 90,000.00 $
32,288.00 $ 32,288.00 $
60,000.00 $ 60,000.00 $
50,000.00 $ 50,000.00 $
1% 3,669.00 $ 3,669.00 $
2% 14,677.00 $ 14,677.00 $
7% 150,000.00 $ 150,000.00 $
2.5% 25,862.00 $ 25,862.00 $
Payment & Performance Bond 1.5% 15,905.00 $ 15,905.00 $
182,288.00 $ 993,962.00 $ 485,147.00 $ 1,176,250.00 $
Earthwork
Total Trade Cost
General Conditions
Total
Site Improvements
Design Contingency
Construction Contingency
Owner Controlled Allowance
Insurance
Design-Build Fee
Design Fees
Building Permit - Allowance
Low Voltage
Painting
Specialties
Partitions and Accessories
Plumbing
Electrical
GMP Budget Description
General Requirements
Existing Conditions - Demolition
Ceramic Tile
Concrete
Masonry
Rough Carpentry
Architectural Millwork
Doors, Frames, & Hardware
Gypsum Wallboard Assemblies
4/16/2025
StudioMB
Chiaramonte Construction Co
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL
1 Trinidad, Bald Eagle, Fort Stanton
2 Safety Equipment - Barriers, Safety Signage, Fencing, Security, Portable Toilets 3 Sites 9,900 $ 29,700 $
3 Dumpsters / Hauling 9 EA 1,100 $ 9,900 $
4 Carpenter/Site Maintenance 200 HR 75 $ 15,000 $
5 Small Tools & Equipment 5 Months 2,000 $ 10,000 $
6 Permit Expeditor 3 Sites 4,500 $ 13,500 $
7 3rd Party Inspections - Allowance 3 EA 3,000 $ 9,000 $
8 Final Cleaning 3 EA 2,500.00 $ 7,500 $
9 Stake Out, Surveys, Layout (includes any hazmat surveys needed) 3 EA 4,000.00 $ 12,000 $
10 11 12 13 14 15
16
TOTAL COST
106,600 $ GMP BUDGET AMOUNT
106,600 $
01000 - General Requirements
BID QUANTITIES INTERNAL ESTIMATE
REF # ITEM DESCRIPTION QTY. UNIT UNIT
AMOUNT TOTAL
Included
in Scope
Y/N
UNIT
AMOUNT BID
Included
in Scope
Y/N
UNIT
AMOUNT BID
Included
in Scope
Y/N
UNIT
AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01 $ 0 $ Y 95,000 $ 95,000 $
23
Trinidad Rec. Center 33,500 $ 33,500 $ Y
4 Site Demo Y
56
Interior Demo 8,800 $ 8,800 $ Y
78
Bald Eagle Rec. Center 15,750 $ 15,750 $ Y
9 Site Demo Y
10 11
Interior Demo 5,000 $ 5,000 $ Y
12 13
Fort Stanton Rec. Center 18,250 $ 18,250 $ Y
14 Site Demo Y
15 16
Interior Demo 5,000 $ 5,000 $ Y
17
TOTAL BID 0 $
2.0% Sub bond 0 $
TOTAL BID AMOUNT 0 $
86,300 $
02000 - Demolition
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte JJPS
86,300 $ 96,900 $ - $
GMP BUDGET AMOUNT
86,300 $ 95,000 $ - $
1,900 $ - $
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments - $ Y2 0 $ 3
TRINIDAD REC CENTER Y 15,448 $ 15,448 $ Y 15,495 $ 15,495 $
4 Install new ADA warning surface in concrete ramp from parking lot to paver walkway567
BALD EAGLE REC CENTER Y 31,842 $ 31,842 $ Y 29,970 $ 29,970 $
8 Install new ADA ramp at back parking lot
9 Fix slope at back parking lot entrance ramp to boxing facility
10 New ADA dropoff zone (per DDOT approval
11 12
FORT STANTON REC CENTER Y 32,248 $ 32,248 $ Y 35,100 $ 35,100 $
13 Correct Slope of concrete area at rear entrance to be ADA compliant 14 15 16 17 18
TOTAL BID
- $
2.0% SDI - $
TOTAL BID AMOUNT - $
79,538 $
03000 - Concrete
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte LA Howard CONTRACTOR C CONTRACTOR D
- $
GMP BUDGET AMOUNT
79,538 $ 80,565 $ - $
79,538 $ 82,176 $ - $
- $
1,611 $ - $ - $
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01 $ 0 $
2
3 TRINIDAD REC CENTER 40,190 $ 40,190 $
4 Remove and Re-install Brick paver walkway - 950 sf 567
BALD EAGLE REC CENTER
8 No Masonry Scope 9
10 11 12
FORT STANTON REC CENTER
13 No Masonry Scope
14 15 16 17 18
TOTAL BID 0 $
2.0% SDI 0 $
TOTAL BID AMOUNT 0 $
40,190 $
40,190 $ - $ - $ - $
GMP BUDGET AMOUNT
40,190 $ - $ - $ - $
- $ - $ - $
04000 - Masonry
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 23
Trinidad Rec Center 10,965 $ 10,965 $
4 Repair restroom walls
567
Bald Eagle Rec Center 9,979 $ 9,979 $
8 Repair restroom walls 60 LF Y
9
10 Fort Stanton Rec Center 7,900 $ 7,900 $
11 Repair restroom walls 60 LF Y
12 13 14
TOTAL BID - $
2.0% SDI - $
TOTAL BID AMOUNT - $
28,844 $ 28,844 $ - $ - $ - $
GMP BUDGET AMOUNT
28,844 $ - $ - $ - $
- $ - $ - $
06000 - Rough Carpentry
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction Co. CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTNY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 SF - $
2
3 Trinidad Rec Center
4 Counter remove and re-install 4,500 $ 4,500 $
56
Bald Eagle Rec Center
7 No Scope
89
Fort Stanton Rec Center
10 No Scope
11
TOTAL BID - $
2.0% SDI - $
TOTAL BID AMOUNT - $
4,590 $
06500 - Architectural Millwork
BID QUANTITIES INTERNAL ESTIMATE AKE Inc. CONTRACTOR B CONTRACTOR C CONTRACTOR D
4,500 $ - $ - $ - $
90 $ - $ - $ - $
4,590 $ - $ - $ - $
GMP BUDGET AMOUNT
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 10,000.00 $ 10,000 $ Y 13,050 $ 13,050 $ 6,000 $ 6,000 $
2 Trinidad Rec Center Y
3 Door Package 18 EA 350 $ 6,000 $ Y N 6,000 $ 6,000 $
4 Installation of door package 18 EA 250 $ 4,500 $ N 2,000 $ 2,000 $
56
Bald Eagle Rec Center
7 Door Package 1 LS 3,525 $ 3,525 $ Y N 3, 525 $ 3,525 $
8 Installation of door package 1 LS 2,000 $ 2,000 $ N 2,000 $ 2,000 $
9
10 Fort Stanton Rec Center
11 Door Package 1 LS 3,525 $ 3,525 $ Y N 3,525 $ 3,525 $
12 Installation of door package 1 LS 2,000 $ N 2,000 $ 2,000 $
13
TOTAL BID 29,550 $
2.0% SUB BOND 591 $
TOTAL BID AMOUNT 30,141 $ 19,431 $ 19,431 $ 19,431 $ - $ - $
GMP BUDGET AMOUNT
19,050 $ 19,050 $ - $ - $
381 $ 381 $ - $ - $
08100 - Doors, Frames, & Hardware
BID QUANTITIES INTERNAL ESTIMATE Washington Doors Chiaramonte CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 0.01 $ 0 $
2 Trinidad Rec Center 23,930 $ 23,930 $
3 Repair restroom walls
45
Bald Eagle Rec Center 19,305 $ 19,305 $
6 Repair restroom walls 78
Fort Stanton Rec Center 8,609 $ 8,609 $
9 Repair restroom walls
10 11
12
13 TOTAL BID 0 $
2.0% SDI 0 $
TOTAL BID AMOUNT 0 $
51,844 $
51,844 $ - $ - $ - $
GMP BUDGET AMOUNT
51,844 $ - $ - $ - $
- $ - $ - $
09200 - Gypsum Wallboard Assemblies
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments - $ 2Trinidad Rec Center
3 Repair/add tile at walls and floors after ADA renov. Y 17,900 $ 17,900 $
45 Bald Eagle Rec Center
6 Furnish & install tile at walls and floors due to ADA ren. 18,900 $ 18,900 $
78 Fort Stanton Rec Center
9 Furnish & install tile at walls and floors due to ADA ren. 12,700 $ 12,700 $
10
TOTAL BID - $
2.0% SUB BOND - $
TOTAL BID AMOUNT - $
50,490 $
50,490 $ - $ - $ - $
GMP BUDGET AMOUNT
49,500 $ - $ - $ - $
990 $ - $ - $ - $
09300 - Ceramic Tile
BID QUANTITIES INTERNAL ESTIMATE SRC Contractors Inc. CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 SF 0.01 $ 0 $ 2
Trinidad Rec Center Y 6,500 $ 6,500 $
3 Interior Paint Allowance 4 Touch up paint as needed 56
Bald Eagle Rec Center Y 6,500 $ 6,500 $
7 Interior Paint Allowance 8
Touch up paint as needed
9
10 Fort Stanton Rec Center Y 6,500 $ 6,500 $
11 Interior Paint Allowance 12 Touch up paint as needed 13 14
15
36 TOTAL BID 0 $
2.0% SUB BOND 0 $
TOTAL BID AMOUNT 0 $
19,500 $
19,500 $ - $ - $ - $
GMP BUDGET AMOUNT
19,500 $ - $ - $ - $
- $ - $ - $
09900 - Painting
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction Co. CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 EA 0.01 $ 0 $ 2
Trinidad Rec Center 3,746 $ 3,746 $
3 Sign package 456
Bald Eagle Rec Center 3,349 $ 3,349 $
7 Sign package 89
10 11
Fort Stanton Rec Center 4,905 $ 4,905 $
12 Sign package 13 14
15
TOTAL BID 0 $
2.0% SUB BOND 0 $
TOTAL BID AMOUNT 0 $
12,240 $
12,240 $ - $ - $ - $
GMP BUDGET AMOUNT
12,000 $ - $ - $ - $
240 $ - $ - $ - $
10000 - Specialties Signs
BID QUANTITIES INTERNAL ESTIMATE SMI Signs (Modulex) CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 5,000.00 $ 5,000 $ 3,000 $ 3,000 $ Y 21,445 $ 21,445 $
20 $
2 Trinidad Rec Center
3 New Toilet Partitions 1 LS 3,000 $ 3,000 $ Y N 3,0 00 $ 3,000 $
4 Re-install accessories 1 LS 9,000 $ 9,000 $ N 7,50 0 $ 7,500 $ Y
5 Bald Eagle Rec Center
6 Repair toilet partitions 1 LS 9,000 $ 9,000 $ N 7,500 $ 7,500 $ Y
7 Re-install accessories 8
Fort Stanton Rec Center
9 Repair toilet partitions 1 LS 4,368.00 $ 4,368 $ N 4, 368 $ 4,368 $ Y
10 Re-install accessories
11
TOTAL BID 30,368 $
2.0% SUB BOND 607 $
TOTAL BID AMOUNT 30,975 $ 22,815 $
10000 - Specialties - Toilet Partitions and Accessories
BID QUANTITIES INTERNAL ESTIMATE MD Partitions Chiaramonte CONTRACTOR C CONTRACTOR D
22,368 $ 24,445 $ - $ - $
447 $ - $ - $
22,815 $ 24,445 $ - $ - $
GMP BUDGET AMOUNT
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments - $ 234
Trinidad Rec Center Y 40,500 $ 40,500 $ Y 28,928 $ 28,928 $
5 Remove and relocate toilets for ADA compliance 67
Bald Eagle Rec Center Y 38,460 $ 38,460 $ Y 51,207 $ 51,207 $
8 Remove and re-install toilets for ADA compliance 9 Remove and relocate dual drinking fountains
10 Install pipe wrap at exposed piping below sinks 11 12
Fort Stanton Rec Center
13 Plumbing scope removed and put into Add Alt. 14 15
TOTAL BID
- $
2.0% SUB BOND - $
TOTAL BID AMOUNT - $
81,737 $
103,879 $ 81,737 $ - $ - $
GMP BUDGET AMOUNT
101,842 $ 80,135 $ - $ - $
2,037 $ 1,603 $ - $ - $
22000 - Plumbing and 23000 -Mechanical
BID QUANTITIES INTERNAL ESTIMATE Diaz Sheet Metal Magnolia CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 60,000 $ 2
Trinidad Rec Center 46,798 $ 46,798 $ Y 14,110 $ 14,110 $
3456
Bald Eagle Rec Center 19,846 $ 19,846 $ Y 15,343 $ 15,343 $
789
10 11
Fort Stanton Rec Center 13,599 $ 13,599 $ Y 8,390 $ 8,390 $
12 13
TOTAL BID
60,000 $
2.0% SUB BOND 1,200 $
TOTAL BID AMOUNT 61,200 $ 38,600 $ 81,848 $ 38,600 $ - $ - $
GMP BUDGET AMOUNT
80,243 $ 37,843 $ - $ - $
1,605 $ 757 $ - $ - $
26000 - Electrical & Fire Alarm
BID QUANTITIES INTERNAL ESTIMATE Total Electric, Inc. Upscale Quality LLC C&L CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 0.01 $ - $ Y
2 Trinidad Rec. Center Y 24,156 $ 24,156 $
3 Front vestibule-add ADA automatic openers (2) 456
Bald Eagle Rec. Center Y 16,209 $ 16,209 $
7 ADA operators on main entrance doors 89
Fort Stanton Rec. Center Y 27,252 $ 27,252 $
10 ADA operators on main entrance doors
11 12
13
TOTAL BID - $
2.0% SUB BOND - $
TOTAL BID AMOUNT - $
68,969 $
68,969 $ - $ - $ - $
GMP BUDGET AMOUNT
67,617 $ - $ - $ - $
1,352 $ - $ - $ - $
28000 - Low Voltage
BID QUANTITIES INTERNAL ESTIMATE Vision Securities CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT UNIT AMOUNT TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 1 ls 0 $ 0 $ 14,000 $ 14,000 $
2 Trinidad Rec Center
3 Any Earthwork and E&S control 456
Bald Eagle Rec Center
7 E & S Control 89
10
Fort Stanton Rec Center
11 E & S Control
12 13 14
TOTAL BID
0 $
2.0% SUB BOND 0 $
TOTAL BID AMOUNT 0 $
14,000 $
14,000 $ - $ - $ - $
GMP BUDGET AMOUNT
14,000 $ - $ - $ - $
- $ - $ - $
31000 - Earthwork
BID QUANTITIES INTERNAL ESTIMATE Chiaramonte Construction CONTRACTOR B CONTRACTOR C CONTRACTOR D
REF # ITEM DESCRIPTION QTY. UNIT S TOTAL Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID Included in
Scope Y/N UNIT AMOUNT BID
1 Base Bid - Before Adjustments 50,000.00 $ - $
2 Trinidad Rec Center Y 2,500 $ 2,500 $ Y
3 New ADA space crosshatched 4 Restripe entire parking lot 5 New ADA warning surface 67
Bald Eagle Rec Center Y 2,500 $ 2,500 $
8 Two designated ADA parking spaces striping 9
10
Fort Stanton Rec Center Y 3,000 $ 3,000 $
11 Two designated ADA parking spaces striping
12 New crosswalk striping 13
TOTAL BID - $
2.0%
SUB BOND - $
TOTAL BID AMOUNT - $
8,160 $
8,160 $ - $ - $ - $
GMP BUDGET AMOUNT
8,000 $ - $ - $ - $
160 $ - $ - $ - $
32000 - Site Improvements
BID QUANTITIES INTERNAL ESTIMATE ReSurface CONTRACTOR B CONTRACTOR C CONTRACTOR D
Exhibit M – Reserved
(Exhibit Will Appear on the Following Page)
Exhibit N - FF&E and Close-Out Deliverable
(Exhibit Will Appear on the Following Page)
FF&E and Close-Out Deliverable
1. FF&E
N/A
2. Clo se-Out
The following deliverables are required during the Project’s Close-Out.
a. A complete set of the Design-Builder’s Project files.
b. A complete set of product manuals (O&M), training videos, warranties,
etc.
c. as built record drawings.
d. attic stock and schedule.
e. equipment schedule.
f. proposed schedule of maintenance.
g. environmental, health & safety documents.
h. all applicable inspection certificates/permits (boiler, elevator, emergency evacuation plans,
health inspection, etc.).
i. Environmental, health & safety documents.
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Page 1 of 2
Offeror Name: ________________________
Performance
Element Excellent* Good Acceptable Poor Unacceptable **
Quality of Services/
Work
Timeliness of
Performance
Cost
Control
Business
Relations
Customer
Satisfaction
1. Name of Evaluating Organization: ________________________ ___________________
2. Name & Title of Evaluator: _______________________________ _____________
3. Telephone Number of Evaluator: ______________________
4. E-mail address of Evaluator: ___________________________
5. Signature of Evaluator: _______________________________ Date: ___________
6. Describe type of service received: ________________________ _______________
7. Contract Number ______________________ Contract Amount ____ _______
8. Contract Period of Performance _____________________________
*Remarks on Excellent Performance: Provide data supporting this observation.
(Continue on separate sheet if needed)
** Remarks on Unacceptable Performance: Provide data supporting this observation.
(Continue on separate sheet if needed)
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Page 2 of 2
RATING GUIDELINES
Summarize Contractor performance in each of the rating areas. Assign each area a rating of 0 (Unacceptable), 1 (Poor ), 2
(Acceptable), 3 (Good), 4(Excellent), or ++ (Plus). Use the following instructions as guidance in making these evaluations.
Quality Timeless Business
Product/Service Cost Control of Performance Relations
-Compliance with -Within budget (over/ -Meet Interim milesto nes -Effective management
contract requirements under target costs) -Reliable -Busines slike correspondence
-Accuracy of reports -Current, accurate, and -Respons ive to technical -Responsive to contract
-Appropriateness of complete billings directions requirements
personnel -Relationship of negated -Completed on time, -Prom pt notification of contract
-Technical excellence costs to actual including wrap-up and pro blems
-Cost efficiencies -contract administration -Reasonable/coopera tive
-Change order issue -No liquidated damages -Flexible
assessed -Pro-active
-effective contractor
recommended solutions
-Effective snail/small
disadvantaged business
Subcontracting program
0. Zero Nonconformances are comprises Cost issues are compri sing Delays are comprising Response to inquiries, technical/
the achievement of contract performance of contract t he achievement of contract service/administrative issues i s
requirements, despite use of requirements. requirements, Despite use not effective and responsive.
Agency resources of Agency resources.
1, Unacceptable Nonconformances require major Cost issues require major Delays require major response to inquiries, tech nical/
Agency resources to ensure Agency resources to ens ure Agency resources to ensure service/administrative issues is
achievement of contract achievement of contract achievemen t of contract marginally effective and
requirements. requirements. requirements. responsive.
2. Poor Nonconformance require minor Costs issues require minor Delay s require minor Responses to inquiries, technical/
Agency resources to ensure Agency resources to ens ure Agency resources to ensure service/administrative issues is
achievement of contract achievement of contract achieveme nt of contract somewhat effective and
requirements. requirements. requirements. responsive.
3. Acceptable Nonconformances do not impact Cost issues do not impac t Delays do not impact Responses to inquires, technical/
achievement of contract achievement of contract achievemen t of contract service/administrative issues is
requirements. requirements. requirements. usually effective and responsive.
4. Good There are no quality problems. There are no cost issues. The re are not delays. Responses to inquiries, technical/
service/administrative issues is
effective and responsive,
5. Excellent
Th e contractor has demonstrated an exceptional performance level in some or all of the above categories.
Exhibit P - Reserved
(Exhibit Will Appear on the Following Page)
Exhibit Q - Reserved
(Exhibit Will Appear on the Following Page)
Exhibit R – 2025 Living Wage Act
(Exhibit Will Appear 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 s ubcontractors shall retain payroll
records created and maintained in the regular course of business under District of Columbia law fo r a period of at least 3 years.
To file a claim, visit: Department of Employment Services, Office of Wage-Hour, 40 58 Minnesota Avenue, NE, Suite 3600,
Washington, D.C. 20019; call: (202) 671-1880; or file your claim on- line: does.dc.gov. Go to “File a Claim” tab.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
MURIEL BOWSER DR. UNIQUE MORRIS -HUGHES
MAYOR DIRECTOR
4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET
The Living Wage Act of 2006, D.C. Code §§ 2-220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (grants, loans, tax incr ement 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 gove rnment, including any employee of a
contractor or subcontractor of a recipient who performs services pursuant to go vernment 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 ar e otherwise employed by the contractor,
recipient or subcontractor.
Exemptions – The following contracts and agreements are exempt from the Living Wage Act:
1. Contracts or other agreements that are subject to higher wage level determina tions required by federal
law (i.e., if a contract is subject to the Service Contract Act and certain wag e rates are lower than the
District’s current living wage, the contractor must pay the higher of the two rates);
2. Existing and future collective bargaining agreements, provided that the future collec tive bargaining
agreement results in the employee being paid no less than the current living wage;
3. Contracts for electricity, telephone, water, sewer or other services provided by a regulated utility;
4. Contracts for services needed immediately to prevent or respond to a disaster or imminent threat to
public health or safety declared by the Mayor;
5. Contracts or other agreements that provide trainees with additional servi ces 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 no t replace
employees subject to the Living Wage Act;
7. Tenants or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail establishment
did not receive direct government assistance from the District of Columbia;
8. Employees of nonprofit organizations that employ not more than 50 individuals and qualify for taxation
exemption pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, approved August 16,
1954 (68 A Stat. 163; 26. U.S.C. §501(c)(3));
9. Medicaid provider agreements for direct care services to Medicaid recipients, provided, that the direct
care service is not provided through a home care agency, a community residence facilit y, 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 care organizations and the Health C are Safety Net
Administration or the Medicaid Assistance Administration to provide health services.
Enforcement
The Department of Employment Services (DOES) Office of Wage-Hour and the D .C. Office of Contracting and
Procurement share monitoring responsibilities.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers
and workers who provide companionship services. Employers within this industry are now subject to
recordkeeping provisions.
If you learn that a contractor subject to this law is not paying at least the cur rent living wage, you should report it to
the contracting officer. If you believe that your employer is subject t o this law and is not paying at least the current
living wage, you may file a complaint with the DOES Office of Wage - Hour, l ocated at 4058 Minnesota Avenue,
N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov . Go to
“File a Claim” tab.
For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the
Department of Employment Services on (202) 671-1880.
Please note: This fact sheet is for informational purposes only as required b y Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.
Exhibit S – List of Ineligible Items
(Exhibit Will Appear on the Following Page)
Capital Eligible 939,476.00 $
Non-Capital 54,486.00 $
Bald Eagle Trinidad Fort Stanton
TOTAL FOR BALD
EAGLE, TRINIDAD &
FORT STANTON
$ 993,962.00 $ 939,476.00 $ 54,486.00
C.S.I. GMP Budget Description Description/Itemized Details Unit Price Extended Total Capital expenditures Non-Capital
expenditures
01000 General Requirements -
As required by Contract
G eneral Requirem ents $ 106,600.00 $ 106,600.00 $ 106,600.00 $ 106,600.00
Safety Equipment $ 29,700.00
Dumpsters/Hauling $ 9,900.00
Site Maintenance $ 15,000.00
Small Tools & Equipment $ 10,000.00
Permit Expeditor $ 13,500.00
3rd Party Inspections $ 9,000.00
Final Cleaning $ 7,500.00
Survey and Layout $ 12,000.00
02000 Existing Conditions - Demolition 20,750.00 $ 42,300.00 $ 23,250.00 $ $ 86,300.00 $ 86,300.00 $ 86,300.0 0 $ 86,300.00
$ 29,700.00
03000 Concrete 31,842.00 $ 15,448.00 $ 32, 248.00 $ $ 79,538.00 $ 79,538.00 $ 79,538.0 0 $ 79,538.00
Bald Eagle - Back parking lot - modify slope at gym entrance; install
new ADA ramp; create new ADA dropoff zone
Trinidad - Install new ADA warning surface in concrete ramp
Fort Stanton - Revise concrete area at back entranc e to be ADA
compliant
04000 Masonry 40,190.00 $ $ 40,190.00 $ 40,190.00 $ 40,190.0 0 $ 40,190.00
Trinidad - Remove pavers, grade area, re-install pavers
06000 Rough Carpentry $ 9,979.00 $ 10,965.00 $ 7,900.00 $ 28,844.00 $ 28,844.00 $ 28,844.0 0 $ 28,844.00
All sites - Repair restroom walls
06500 Architectural Millwork $ 4,590.00 $ 4,590.00 $ 4,590.00 $ 4,59 0.00 $ 4,590.00
Trinidad - Removal and re-installation of restroom counter
08100 Doors, Frames and Hardware $ 5,652.00 $ 8,127.00 $ 5,652.00 $ 19,431.00 $ 19,431.00 $ 19,431.0 0 $ 19,431.00
Bald Eagle - Rim devices, Pivot hinges, Closers, Paper Towel
Dispensers
Trinidad - Grab bars, hinges, rim devices,reversible shower seat, paper
towel dispensers
Fort Stanton - Rim devices, hinges, closers Paper towel dispensers
09200 Gypsum Wallboard Assemblies $ 19,305.00 $ 23,930.00 $ 8,609.00 $ 51,844.00 $ 51,844.00 $ 51,844.0 0 $ 51,844.00
All sites - Repair restroom walls
09300 Ceramic Tile $ 19,230.00 $ 18,23 0.00 $ 13,030.00 $ 50,490.00 $ 50,490.00 $ 50,490.0 0 $ 50,490.00
All sites - Furnish and install wall and floor ceramic tile per drawings in
restrooms due to ADA renovations.
09900 Painting (Allowance) $ 6,500.00 $ 6,500.00 $ 6,500.00 $ 19,500.00 $ 19,500.00 $ 19,500.0 0 $ 19,500.00
All sites - Interior wall painting required due to drywall and ceiling
renovations for ADA compliance
10000 Specialties - Signs $ 3,349.00 $ 3,935.00 $ 4,956.00 $ 12,240.00 $ 12,240.00 $ 12,240.0 0 $ 12,240.00
All sites - Furnishg and install restroom and ADA P arking signs
10000 Specialties - Toilet Partitions & Accessories $ 8,649.00 $ 8,649.00 $ 5,517.00 $ 22,815.00 $ 22,815.00 $ 22,815.0 0 $ 22,815.00
Bald Eagle - Repair toilet partitions, re-install accessories
Trinidad - Furnish and install new partitions, re-i nstall accessories
Fort Stanton - Repair toilet partitions, re-install accessories
22000 Plumbing/Mechanical $ 51,207.00 $ 30,530.00 $ 81,737.00 $ 81,737.00 $ 81,737.0 0 $ 81,737.00
Bald Eagle - Relocate toilets, sinks, water coolers and install ADA
showers
Trinidad - Relocate floor mounted toilet and 4 sinks and 1 water cooler
and install 2 ADA showers
26000 Electrical Electrical work to add ADA operators, lig hting, electrical panel circuits
etc.
$ 15,595.00 $ 14,362.00 $ 8,643.00 $ 38,600.00 $ 38,600.00 $ 38,600.0 0 $ 38,600.00
All sites - Run electrical for new ADA operators at front entrances and
cap electrical hand dryers in restrooms
28000 Low Voltage $ 16,660.00 $ 24,606 .00 $ 27,703.00 $ 68,969.00 $ 68,969.00 $ 68,969.0 0 $ 68,969.00
All sites - Furnish and install ADA operators at fr ont entrace doors
31000 Earthwork ALLOWANCE $ 4,500.00 $ 4,500.00 $ 5,000.00 $ 14,000.00 $ 14,000.00 $ 14,000.0 0 $ 14,000.00
All sites - Erosion and Sediment Control Allowance
32000 Site Improvements ADA parking striping, plastic pylo ns, rubber brakes, 2 aluminum
ramps. Parking accessories required at new ADA park ing spaces
required by law.
$ 2,500.00 $ 2,500.00 $ 3,160.00 $ 8,160.00 $ 8,160.00 $ 8,16 0.00 $ 8,160.00
All sites - ADA Parking lot striping
Permits Allowance $ 50,000.00 $ 50,000.00 $ 50,000.0 0 $ 50,000.00
DDOT Public Space Permit - Allowance $ -
Design Contingency Design Contingency is to be used for unforeseen conditions.All items
will be capital eligible per District Guidelines.
$ 3,669.00 $ 3,669.00 $ 3,66 9.00 $ 3,669.00
Construction Contingency Construction Contingency is to be used for unforeseen conditions.All
items will be capital eligible per District Guidelines.
$ 14,677.00 $ 14,677.00 $ 14,677.0 0 $ 14,677.00
Owner Controlled Allowance Owner controlled allowanc e is for items that may arise from inspections
or unforeseen conditions that will require addition al work.All items will
be capital eligible per District Guidelines.
$ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00
Insurance $ 25,862.00 $ 25,862.00 $ 25,862.0 0 $ 25,862.00
Payment & Performance Bond $ 15,906.00 $ 15,906.00 $ 15,906.0 0 $ 15,906.00
$ 939,476.00 54,486.00 $
Const TOTAL $ 993,962.00
Notes ADA Package #3 - Bald Eagle, Trinidad, Fort Stanton
Construction
Total
For capital items that may arise from
construction/inspections that will
require additional work or
Exhibit T – CFRA
(Exhibit Will Appear on the Following Page)
BUILD= xk *
(MAINTAIN —S=
‘SUSTAIN ——— DC
CONTRACTOR SELF-CERTIFICATION
BusinessName*: ChiaramonteConstructionCo TaxID*:20-1576336
BusinessMailingAddress*: 2260MinnesotaAveSE
SelectState/Region:WashingtonDC PostalCode;_© 20020
Listthename and titleof theindividualcompletingtheform on behalfof the business.
BusinessTitle*: PresidentofChiaramonteConstructionCompany
FrankChiaramonte‘Name*:
Email*: frank@cc-builder.com
FinanceReformAmendmentActof201
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyof
thefollowing:(i)theMayor,(ii)anycandidateforMayor,(iii)anypoliticalcommitteeaffiliatedwiththeMayororacandidateforMayor,or(iv)anyconstituent-serviceprogramaffiliatedwiththeMayor?[yesfo)
Ifyes,pleaseprovidethefollowinginformation(foreachcontribution):
Dateofcontribution: nla
Amountofcontribution:
Recipientofcontribution:
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)yearpriortothedatethecontributionwasmade?Ifyes,pleaseprovideawarddateanddurationofthecontract(s).
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)theAttomeyGeneral,(ii)anycandidateforAttomeyGeneral,or(iii)anypoliticalcommitteeaffiliatedwiththeAttomeyGeneraloracandidateforAttomeyGeneral?[yes(fo])
Ifyes,providethefollowinginformation(foreachcontribution):
Dateofcontribution:
Amountofcontribution:
Recipientofcontribution:
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)yearpriortothedatethecontributionwasmade?Ifyes,pleaseprovideawarddateanddurationofthecontract(s).
v004/09.12.2024
= DC
SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)anyCouncilmember,(ii)anycandidateforCouncilmember,(iii)anypoliticalcommitteeaffiliatedwithaCouncilmemberoracandidateforCouncilmember,or(iv)anyconstituent-serviceprogramaffiliatedwithaCouncilmember?[yes(G0])
Ifyes,providethefollowinginformation(foreachcontribution):
Date of contribution:
Amountofcontribution:
Recipientofcontribution:
DidthebusinessentityholdanyDistrictcontractsatthetimethecontributionwasmadeorwithinone(1)yearpriortothedatethecontributionwasmade?Ifyes,pleaseprovideawarddateanddurationofthecontract(s).
PriortothedateofthisCertification,hasthebusinessentitybeendeterminedtobeinviolationofD.C.OfficialCode§1-1163.34a?[yes]
Ifyes,pleaseexplainincludinganyresolution,
IsthebusinessentitycurrentlyinviolationofD.C.OfficialCode§1-1163.34a?[yesGo)
Ifyes,pleaseexplainincludinganyresolution.
DoesthebusinessentitycertifythatitwillnotbeinviolationofD.C.OfficialCode§1-1163.34aXXfye)no]
“Principal”—anyseniorofficerofa businessentity,includinganownerorco-owner,president,chiefexecutiveofficer,chiefoperatingofficer,chieffinancialofficer,treasurer,member,partner,orsimilarpositionwhicheithersetsorisauthorizedtosetorotherwiseinfluencestheoverallstrategyofthebusinessentity.A deanofaneducationalinstitutionisnota“principal”withinthemeaningofthisdefinition.Apersonwhoseonlypositionatthebusinessentityisasaboardmemberisnota“principal”withinthemeaningofthisdefinition.
Providethenamesandtitlesofallthecompanyprincipals(useadditionalsheetsifrequired).
1
na
2
Who elsewillmodify thiscertificationforthebusiness?
Modifier1: nia
\v004/09.12.2024
5/29/2025
5/29/2025
29th May 25
Exhibit U – Unit Price and Allowance Items
(Exhibit Will Appear on the Following Page)
REF # ITEM DESCRIPTION
1 Permits Allowance $ 50,000
2 Owner Controlled Allowance $ 50,000
3 Painting $ 19,500
4 Total Allowances $ 119,500
01000 - List of Allowances
Exhibit V - List of Assumptions and Clarifications
(Exhibit Will Appear on the Following Page)
REF # ITEM DESCRIPTION
1 No abatement report is available therefore no abatement work currently included
2 If abatement work is required, this will result in a change order to complete
3 This GMP is based on the following staff rates: Role: Regular Hourly Rate ($)
Project Executive $175
Senior Project Manager $137
Project Manager $120
Asst. Project Manager $100
Senior Superintendent $137
Superintendent $120
Asst. Superintendent $100
Scheduler $700
Foreman $85
Carpenter $75
Laborer $65
*Standard overtime rate is 1.5 the regular hourly rate
*Holiday double rate is 2 the regular hourly rate
Assumptions and Clarifications
4
CCC offers subcontractors a prompt payment program im order to help them manage cash flow and meet working capital needs.
For those subcontractors that participate in the program, CCC pays 10 days after their payment application is approved by CCC
rather than on pay-when-paid basis. This reduces the payment lag experienced by the contractor by 45 and 60 days on average.
In order to offset its costs associated with this program (including the cost of providing this woring capital and the risk associated
with the advance), CCC charges participating subcontractors a 5% fee. Participation in the program is voluntary, and no
subcontractor is forced to participate in the program. CCC does not consider the fee to be a rebate, cash discount or profit sharing
and 100% of the subcontract will be included for cost accounting purposes.
Exhibit W - List of Drawings
(Exhibit Will Appear on the Following Page)
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Exhibit X - First Source Employment Agreement and Plan
(Exhibit Will Appear on the Following Page)
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
kkk
—
—
MURIELBOWSER Dr.UNIQUEMorRIS-HUGHES
Mayor DIRECTOR
June13,2023
Makia Efimba
ContractSpecialist
DepartmentofGeneralServices
1250 U Street,2" Floor
Washington,DC 20009
Re:FirstSourceEmploymentAgreement
DearMs.Efimba:
EnclosedisyourcopyofthesignedFirstSourceEmploymentAgreementbetweentheD.C.Department
ofEmploymentServices(DOES)andChiaramonteConstructionCompanyCiDeveloperorGeneral
ContractorlorSubcontractorC1,UnderthetermsoftheAgreement,youarerequiredtouseDOESas
thefirstsourcetofillallnewjobscreatedasaresultofProject:UpgradesatFourDPRfacilitiesPKG3
‘YoumustregisterandpostyourjobvacanciestotheDepartmentofEmploymentServices’VirtualOne-
Stop(VOS)atwww.denetworks.org.
Inaddition,atleast51%ofthenewlycreatedjobsmustbefilledbyD.C.residents.Further,District
residentsregisteredinprogramsapprovedbytheDistrictofColumbiaApprenticeshipCouncilshallwork
35%ofallapprenticeshiphoursworkedinconnectionwiththeProject.
FirstSourcereportsareduebythe10"ofeachmonththroughoutthedurationofthecontract.Company
representativesresponsibleforcompletingtheFirstSourceContractCompliancereportsmustregisterin
theFirstSourceOnlineRegistrationandReportingSystem(FORRS),http://firstsource.de.sov,
Reminder:AllGeneralContractorsmustinvitetheirsubcontractorsthataresubjecttotheFirstSource
EmploymentAgreementrequirements,tojointheprojectusingtheFirstSourceOnlineRegistration&
ReportingSystem(FORRS).
Ifyou haveanyquestionsorneedadditionalinformationpleasecontactJosephTaylor,
(202)671-1048,josheph.taylor@dc.gov.
Sincerely,Al ,
DanielKingInterimAssociateDirector
Officeof FirstSource Compliance
Enclosure
4058MinnesotaAve,N.E.*Suite5000+Washington,D.C.20019+Office:202.671.1900
x eK x *
a aGOVERNMENTOFTHEDISTRICTOFCOLUMBIA— FIRSTSOURCEEMPLOYMENTAGREEMENT(2)FOR —CONSTRUCTIONPROJECTSONLY
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION
CONTRACT/SOLICITATIONNUMBER;DCAM-22:CS-RFP-0007
DISTRICTCONTRACTINGAGENCY:CONTRACTING OFFICER: ObaidullahRanjbar_
‘TELEPHONENUMBER:202}727.7163.TOTALCONTRACTAMOUNT:$4.076,259——————————$——__™
THIS SECTION TO BE COMPLETED BY THE BENEFICIARY ONLY:
TOTAL GOVERNMENT ASSISTEDFUNDED AMOUNT:1,076,250_DATE_way2022 _
EICONTRACT GRANT Oo LOAN [JTAX ABATEMENT OR EXEMPTION [] LAND TRANSFER
COLAND DISPOSITION AND DEVELOPMENT AGREEMENT o TAX INCREMENT FINANCING
CIANY ADDITIONAL LEGISLATION, IF YES.
D.C, CODE#
GENERAL CONTRACTOR WILL MEET THE HIRING OR HOURS WORKED PERCENTAGES
REQUIREMENTSFOR ENTIREPROJECT[] OR PEREACH SUBCONTRACTOR{Y]
PROJECTNAME:
PROJECTADDRESS:CITY:Wosington06 STATE:9¢ ZIPCODE:20026
PROJECTSTARTDATE:,05/08/23. PROJECTENDDATE: 11708/2023EMPLOYERSTARTDATE:050825 EMPLOYERENDDATE!1/08/23.
EMPLOYER INFORMATIONEMPLOYERNAME:frankChiaramontoEMPLOYERADDRESS:2250MinnesotaveSECITY:Weniogen ‘STATE:0¢ ZIP CODE:20020TELEPHONENUMBER: FEDERALIDENTIFICATIONNO. 205576336
CERTIFIEDBUSINESSENTERPRISESCERTIFICATIONNUMBER:152x95366032025,
D.C.APPRENTICESHIPCOUNCILREGIS’AREYOU A SUBCONTRACTOR.[_]YES
|ONNUMBER:$1367
‘NOIFYES,NAME OFPRIMECONTRACTOR:
ThisFirstSourceEmploymentAgreement(Agreement),inaccordancewithWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2-219.01~2.219,05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03and§32-1431)isarequiredagreementbetweentheDistrictofColumbiaDepartmentofEmploymentServices(DOES)andEMPLOYER.
EMPLOYER,whichincludestheBeneficiaryandallcontractorsandsubcontractors,isworkingonacontractorprojectthathasreceived:
D.C.Governmentassistancevaluedbetween$300,000and$5milliondollars,requiredtomakea
goodfaithefforttoensurethat51% ofallnewhiresareDistrictresidents.(D.C.OfficialCode§ 2-
219(e)(1(A))
LDC. Governmentassistancevaluedat$5millionormore,requiredtohavethefollowingpercentageofhoursworkedineachclassificationbyDC residents;20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;70%ofcommonlaborerhoursforalljobscreatedbytheProject.
(D.C.OfficialCode§2-219.03(1A)(A))
PageLof11 FistSourceEmploymentAgreementRevisedFebruar15,2018
DOES isthefirstsourceforrecruitment,referral,andplacementofnewhiresoremployeesforalljobs
createdbytheGovernmentAssistedProjectorContract(Project).
EMPLOYERbeganworkontheProject,priortoreceiptofanacceptedFirstSourceEmploymentAgreement(Agreement)fromDOES,inviolationofD.C.Code§2-219.03.Inordertocontinuetowork‘ontheProject,EmployershalladheretotheAgreementrequirementsretroactivetothedatethatworkbeganandcontinuinguntilProjectcompletion.
‘ThePartiesagreetothetermsandconditionsoftheAgreementasfollows:
1. DEFINITIONS
ThefollowingdefinitionsshallgovernthetermsusedinthisAgreement.‘A.Apprenticemeansaworkerwhoisemployedtolearnanapprenticeableoccupationunderthe
termsandconditionsofapprovedapprenticeshipstandards.
B. Beneficiarymeans:1,ThesignatorytoacontractexecutedbytheMayorwhichinvolvesanyDistrictofColumbiagovernmentfunds,orfundswhich,inaccordancewithafederalgrantototherwise,theDistrictgovernmentadministersandwhichdetailsthenumberanddescriptionofalljobscreatedbya government-assistedProjectforwhichthebeneficiaryisrequiredtousetheFirstSourceRegister;
2. A recipientofa Districtgovernmenteconomicdevelopmentactionincludingcontracts,grants,loans,taxabatements,landtransfersforredevelopment,ortaxincrementfinancingthatresultsinafinancialbenefitof$300,000ormorefromanagency,commission,instrumentality,orotherentityoftheDistrictgovernment,includinga financialorbankinginstitutionwhichservesastherepositoryforSI
millionormoreofDistrictofColumbiafunds.
C. ContractingAgencymeansanyDistrictofColumbiaagencythatawardedagovernmentassistedProjecttotaling$300,000ormore.
D. Directlaborcostsmeansallcosts,includingwagesandbenefits,associatedwiththehiringandemploymentofpersonnelassignedtoaprocessinwhichpayrollexpensesaretracedtotheunitsofoutputandareincludedinthecostofgoodssold.
E,EMPLOYERmeansanyentityawardedagovernmentassistedProjecttotaling$300,000ormore,includingallindividualcontractorandsubcontractorentitiesatanytierwhoworkontheProject.
F.FirstSourceEmployerPortalisawebsiteconsistingofa connectedgroupofstaticanddynamicwebpageswiththeabilityforEmployerstoenterdatausingtheinternet.ThewebsiteisaccessiblebyaUniformResourceLocator(URL)andismaintainedbyDOES.‘ThewebsiteprovidesreportinginformationtoFirstSourceEMPLOYERS.
G. FirstSourceRegistermeanstheDOES AutomatedApplicantFiles,whichconsistsofthe
namesofDC residentsregisteredwithDOES.
H. GoodfaitheffortmeansanEMPLOYERhasexhaustedallreasonablemeanstocomplywith
anyaffirmativeaction,hiring,orcontractualgoal(s)pursuanttotheFirstSourcelawandAgreement.
Page2of11 FintSueEmplomentAercementRevisedFeary15,2018
Government-assistedprojector contract(Project)meansanyconstructionor non-
constructionProjectthatreceivesfundsorresources,valuedat$300,000ormore,fromtheDistrictofColumbia,orfundsorresourceswhich,inaccordancewithafederalgrantorotherwise,theDistrictofColumbiagovernmentadministers,includingcontracts,grants,loans,taxabatementsorexemptions,landtransfers,landdispositionanddevelopment‘agreements,taxincrementfinancing,oranycombinationoftheaforementioned.
HardtoemploymeansaDistrictofColumbiaresidentwhoisconfirmedbyDOES.
1. An ex-offenderwho has been releasedfrom prisonwithinthe last10years;
2.AparticipantoftheTemporaryAssistanceforNeedyFamiliesprogram;3.AparticipantoftheSupplementalNutritionAssistanceProgram;4.LivingwithapermanentdisabilityverifiedbytheSocialSecurityAdministrationorDistrictvocationalrehabilitationprogram;5.Unemployedfor6monthsormoreinthelast12-monthperiod;6. Homeless;
7.A participantorgraduateoftheTransitionalEmploymentProgramestablishedby§32-1331; or
8. An individualwhoqualifiedfor inclusionintheWorkOpportunityTaxCredit
ProgramascertifiedbytheDepartmentofEmploymentServices.
Indirectlaborcostsmeansallcosts,includingwagesandbenefits,thatarepartofoperatingexpensesandareassociatedwiththehiringandemploymentofpersonnelassignedtotasks
otherthanproducingproducts.
Jobsmeansanyunionandnon-uniénmanagerial,non-managerial,professional,nonprofessional,technicalornontechnicalpositionincluding:clericalandsalesoccupations,serviceoccupations,processingoccupations,machinetradeoccupations,benchwork‘occupations,structuralworkoccupations,agricultural,fishery,forestry,andrelated‘occupations,andanyotheroccupationsastheDepartmentofEmploymentServicesmayidentifyintheDictionaryofOccupationalTitles,UnitedStatesDepartmentofLabor.
NewHire:Individuals)newlyhiredbytheEMPLOYERtoperformworkonagovernmentassistedProject.
Transfer:ExistingEMPLOYERemployeewhohasbeenmovedfromoneProjecttoanotherProject.
Journeymanmeansaworkerwhohasattainedalevelofskill,abilitiesandcompetenciesrecognizedwithinanindustryashavingmasteredtheskillsandcompetenciesrequiredforthe‘occupation.
RevisedEmploymentPlanmeansadocumentpreparedandsubmittedbytheEMPLOYERthatincludesthefollowing:
1.A projectionofthetotalnumberofhourstobeworkedontheProjectbytrade;
2. A projectionofthetotalnumberofjourneyworkerhours,bytrade,tobeworkedon
theProjectandthetotalnumberofjourneyworkerhours,bytrade,tobeworkedby
DC residents;
3.A projectionofthetotalnumberofapprenticehours,bytrade,tobeworkedontheProjectandthetotalnumberofapprenticehours,bytrade,tobeworkedbyDCresidents;
Page3of11 FintSowceEmploymentAgreementReviseFebary18,2018
10,
13,
4
A projectionofthetotalnumberofskilledlaborerhours,bytrade,tobeworkedon.theProjectandthetotalnumberofskilledlaborerhours,bytrade,tobeworkedby
DC residents;
A projectionofthetotalnumberofcommonlaborerhourstobeworkedontheProjectandthetotalnumberofcommonlaborerhourstobeworkedbyDCresidents;
AtimetableoutliningthetotalhoursworkedbytradeoverthelifeoftheProjectandanassociatedhiringschedule;
Descriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-
recognizedcertificationsrequiredforthedifferentpositions;
A strategytofillthehoursrequiredtobeworkedbyDC residentspursuanttothis
paragraph,includinga componenton communicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,or othergovernment-approved,community-basedjobtrai
providers;
A remediationstrategytoameliorateanyproblemsassociatedwithmeetingthesehiringrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors;
‘ThedesignationofaseniorofficialfromtheEMPLOYER(S)orgeneralcontractorwhowillberesponsibleforimplementingthehiringandreportingrequirements;
DescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDCresidentsworkingontheProject;
A strategytoensurethatDistrictresidentswhoworkontheProjectreceiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDCresidentsfromoneProjecttothenext;
A strategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiapubliccharterschools,andcommunity-basedjobtrainingproviders,andhard-to-employresidents;and
A disclosureofpastcompliancewiththeWorkforceActandtheDavis-BaconAct,whereapplicable,andthebidderorofferor'sgeneralDCresidenthiringpracticesonprojectsorcontractscompletedwithinthelast2years.
Q TierSubcontractormeansanysubcontractorselectedbytheprimarycontractortoperformportion(s)orallworkrelatedtothetradeoroccupationarea(s)onaProjectsubjecttothis
FirstSourceAgreement.
R. WashingtonMetropolitanStatisticalAreameanstheDistrictofColumbia;VirginiaCities
ofAlexandria,Fairfax,FallsChurch,Fredericksburg,Manassas,andManassasPark;the
VirginiaCountiesof Arlington,Clarke,Fairfax,Fauquier,Loudon,PrinceWilliam,
Spotsylvania,Stafford,andWarren;theMarylandCountiesofCalvert,Charles,Frederick,
Page4 of11 FistSoueeEmplosmentAgreement,RevisedFeary15,2018
1
MontgomeryandPrinceGeorges;andtheWestVirginiaCountyofJefferson.
. WorkforceIntermediaryPilotProgrammeanstheintermediarybetweenemployersandtrainingproviderstoprovideemployerswithqualifiedDC residentjobapplicants.SeeDC
OfficialCode§2-219.04b.
GENERAL TERMS
..Subjecttothetermsandconditionssetforthherein,DOESwillreceivetheAgreementfrom
theContractingAgencynolessthan7calendardaysinadvanceoftheProjectstartdate.No‘workassociatedwiththerelevantProjectcanbeginuntiltheAgreementhasbeenacceptedbyDOES.
|.TheBeneficiaryand/orEMPLOYERshallrequireallProjectcontractorsandsubcontractors,underaProjectreceivinggovernmentassistanceorbenefitsvaluedat$300,000ormore,to
enterintoanAgreementwithDOES.
. Agreementwilltakeaffectoncebeneficiary/Employerawardedcontractandstartworkon
thegovernmentassistedProjectandnoworkcanbeginpriortoexecutionoftheAgreementandwillbefullyeffectivethroughtheduration,anyextensionormodificationsoftheProjectanduntilsuchtimeasconstructioniscompleteandacertificateofoccupancyisissued.
. IfanEMPLOYER beganworkpriortotheexecutionofa FirstSourceEmployment
‘Agreement,theEMPLOYERshallceaseworkontheProjectandsigna FirstSourceEmploymentAgreementtobeboundbytheapplicableFirstSourceEmploymentAgreementrequirements,retroactively,fromthestartofworkthroughoutthedurationofthecontract,
. DOESwillproviderecruitment,referral,andplacementservicestotheEMPLOYER,subject
tothelimitationsinthisAgreement.
DOESandtheEMPLOYERagreethat,forpurposesofthisAgreement,newhiresandjobs
createdfortheProject(bothunionandnonunion)includeallofEMPLOYER'Sjobopenings
andvacanciesintheWashingtonMetropolitanStatisticalAreacreatedfortheProjectasa
resultofinternalpromotions,terminations,andexpansionsoftheEMPLOYER'Sworkforce,
asaresultofthisProject.
j.ThisAgreementincludesapprenticesasdefinedinD.C.OfficialCode§§32-1401-1431.
DOES willmakeeveryefforttoworkwithinthetermsofallcollectivebargaining
agreementstowhichtheEMPLOYERisaparty.TheEMPLOYERwillprovideDOESwith
writtendocumentationthattheEMPLOYERhasprovidedtherepresentativeofanycollective
bargainingunitinvolvedwiththisProjecta copyofthisAgreementandhasrequested
commentsorobjections.Iftherepresentativehasanycommentsorobjections,theEMPLOYERwillpromptlyprovidethemtoDOES.
‘TheEMPLOYERwhocontractswiththeDistrictofColumbiagovernmenttoperformconstruction,renovationwork,orinformationtechnologyworkwithasinglecontract,orcumulativecontracts,ofatleast$500,000,withina 12-monthperiodwillberequiredto
registeranapprenticeshipprogramwiththeDistrictofColumbiaApprenticeshipCouncilas
requiredbyDCCode32-1431.
If,duringthetermofthisAgreement,theEMPLOYERshouldtransferpossessionofallora
portionofitsbusinessconcernsaffectedbythisAgreementtoanyotherpartybylease,sale,assignment,merger,orotherwisethisFirstSourceAgreementshallremaininfullforceandeffectandtransfereeshallremainsubjecttoallprovisionsherein.Inaddition,thePageSof11 FistSoneEmploymentdgrement,RevisedFbrary15.2018
™.
EMPLOYERasa conditionoftransfershall:
1.NotifythepartytakingpossessionoftheexistenceofthisEMPLOYER'SFirst
SourceEmploymentAgreement,
2.NotifyDOESwithin7businessdaysofthetransfer.Thisnoticewillincludethe
nameofthepartytakingpossessionandthenameandtelephoneofthatparty's
representative,
1.TheEMPLOYER andDOES may mutuallyagreetomodifythisAgreement.Any
modificationshallbeinwriting,signedbytheEMPLOYERandDOESandattachedtothe
originalAgreement.
J.TotheextentthatthisAgreementisinconflictwithanyfederallaborlawsorgovernmental
regulations,thefederallawsorregulationsshallprevail.
TRAINING
‘A.DOESandtheEMPLOYERmayagreetodevelopskillstrainingandon-the-jobprogramsasapprovedbyDOES;thetrainingspecificationsandcostforsuchtrainingwillbe
mutually agreed upon by the EMPLOYER and DOES and will be set forthin a separate
TrainingAgreement.
RECRUITMENT
A. TheEMPLOYER shallcompletetheattachedRevisedEmploymentPlanthatwillincludethe
informationoutlinedinSectionLP.
B, TheEMPLOYER shallregisterandpostalljobvacancieswiththeJobBankServicesof
DOES at_www.denetworks.orgfora minimumof10days.Shouldyouneedassistance
postingjobvacancies,pleasecontactJobBankServicesat(202)698-6001.
C. TheEMPLOYERshallnotifyDOESofallnewjobscreatedfortheProjectwithinatleast7
businessdays(Monday-Friday)oftheEMPLOYERS’identification/creationofthenew
jobs.TheNoticeofNewJobCreationshallincludethenumberofemployeesneededbyjob
title,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,
hoursofwork,durationofemployment,andadescriptionoftheworktobeperformed.This
mustbedonebeforeusinganyotherreferralsource.
D. JobopeningstobefilledbyinternalpromotionfromtheEMPLOYER'Scurrentworkforce
shallbe reportedtoDOES forplacementandreferral,ifthejobisnewlycreated.
EMPLOYER shallprovideDOESaNoticeofNewJobCreationthatdetailssuchpromotions
inaccordancewithSectionIV.C.
E.TheEMPLOYERwillsubmittoDOES,priortocommencingworkontheProject,alistof
CurrentEmployeesthatincludesthename,socialsecuritynumber,andresidencystatusofall
currentemployees,includingapprentices,trainees,andlaid-offworkerswhowillbeemployed
ontheProject.AllEMPLOYERinformationreviewedorgathered,includingsocialsecurity
numbers,asaresultofDOES’monitoringandenforcementactivitieswillbeheldconfidential
inaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyfor
thepurposesthatitwasreviewedorgathered.
Page6of11 FintSoureEmplomentAgreemon,RevisedFebmary15.2018
v.
vi
REFERRAL
A.DOESwillscreenapplicantsthroughcarefullyplannedrecruitmentandtrainingeventsand
providetheEMPLOYERwitha listofqualifiedapplicantsaccordingtothenumberof
‘employeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,
hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionofthework
tobeperformedassuppliedbytheEMPLOYERinitsNoticeofNewJobCreationsetforth
aboveinSectionIV.C.
B. DOESwillnotifytheEMPLOYERofthenumberofapplicantsDOESwillrefer,priortothe
anticipatedhiringdates.
PLACEMENT
A. EMPLOYER shallingoodfaith,usereasonableeffortstoselectitsnewhiresoremployees
fromamongthequalifiedapplicantsreferredbyDOES.Allhiringdecisionsaremadebythe
EMPLOYER.
B, IntheeventthatDOES isunabletoreferqualifiedapplicantsmeetingtheEMPLOYER'S
‘establishedqualifications,within7 businessdays(Monday- Friday)fromthedateof
notificationfrom the EMPLOYER, the EMPLOYER will be free to directlyfillremaining
positionsforwhich no qualifiedapplicantshave been referred.However, the EMPLOYER shall
stillbe requiredto meet the FirstSource hiringrequirementsor hours worked percentagesfor
alljobs createdby the Project.
C. AftertheEMPLOYERhasselecteditsemployees,DOES isnotresponsiblefortheemployees’
actionsandtheEMPLOYERherebyreleasesDOES,andtheGovernmentoftheDistrictofColumbia,theDistrictofColumbiaMunicipalCorporation,andtheofficersandemployeesof
theDistrictofColumbiafromanyliabilityforemployees’actions.
REPORTINGREQUIREMENTS,
A. EMPLOYERwitha singlecontractvaluedat$300,000ormoreon a Projectthatreceived
governmentassistancetotalingbetween$300,000and$5,000,000,aprovisionthatatleast51%of
thenewemployeeshiredtoworkontheProjectshallbeDistrictresidents.
B, EMPLOYER shallregisterintheFirstSourceOnlineRegistrationandReportingSystemfor
electronicsubmissionofallmonthlyContractCompliancedata,weeklycertifiedpayrollsand
anyotherdocumentsrequiredbyDOESforreportingandmonitoring.
C. EMPLOYERshallsubmittotheDepartmentofEmploymentServiceseachmonthfollowingthe
startoftheProjectahiringcompliancereportfortheProjectthatincludesthe:‘Numberofnewjobopeningscreated/available;‘NumberofnewjobopeningslistedwithDOES,oranyotherDistrictAgency;
‘NumberofDC residentshiredfornewjobs;
‘NumberofemployeestransferredtotheProject;
‘Numberof DC residentstransferredtotheProject;
Directorindirectlaborcostassociatedwiththeproject;
Eachemployee'sname,jobtitle,socialsecuritynumber,hiredate,residence,
andreferralsource;and
8, Workforcestatisticsthroughouttheentireprojecttenure.
Nays eye
Page7of11 FintSoureEmplomentAgreementRevisedFbmary15,2018
EMPLOYERwitha singlecontractvaluedat$300,000ormoreona Projectthatreceived
governmentassistancetotaling$5millionormoreshallmeetthefollowinghoursworked
percentagesforalljobscreatedbytheProject:1.Atleast20%ofjourneyworkerhoursbytradeshallbeperformedbyDCresidents;2.Atleast60%ofapprenticehoursbytradeshallbeperformedbyDCresidents;3. At least51% of the skilledlaborerhours by trade shallbe performed by DC
residents,and4, Atleast70% of common laborerhoursshallbe performedby DC residents.
E, EMPLOYERSshallprovidethefollowingcumulativestatistics,thatwillbeusedtocreate
themonthlyreport,byuploadingcertifiedpayrollsorpayrolldataintotheLCPtracker
reportingsystem:
TotalNumberofjourneyworkerhoursworkedbyDC residentsbytrade;
Numberofhoursworkedbyalljourneyworkersbytrade;
‘NumberofapprenticehoursworkedbyDC residentsbytrade;
‘Numberofhoursworkedbyallapprenticesbytrade;
‘NumberofskilledlaborerworkerhoursworkedbyDC residentsbytrade;
Numberofhoursworkedbyallskilledlaborersbytrade;
NumberofcommonlaborerhoursworkedbyDC residentsbytrade;andNumberofhoursworkedbyallcommonlaborersbytrade.
eA aWeene
F. EMPLOYER may“doublecount”hoursforthe“hardtoemploy”upto15%oftotalhours
workedbyDC Residents;however,acollectivebargainingagreementshallnotbeabasisfor
waiverofthisrequirement.
ForconstructionProjectsthatarenotsubjecttoDavis-Baconlawinwhichcertifiedpayroll
recordsdonotexist,EMPLOYERshallsubmitmonthlydocumentsofworkersemployedontheProjecttoDOES,includingDC residentsandallemploymentclassificationsofhours
worked.
EMPLOYERmayalsoberequiredtoprovideverificationofhoursworkedorhiring
percentagesofDCresidents,suchasinternalpayrollrecordsforconstructionProjectsthatare
notsubjecttoDavis-Bacon,
Monthly,EMPLOYERshallsubmitweeklycertifiedpayrollsfromallsubcontractorsatanytierworkingontheProjecttotheContractingAgency.EMPLOYERisalsorequiredtomakepayrollrecordsavailabletoDOESasapartofcompliancemonitoring,uponrequestatjobsites.
FINALREPORT AND GOOD FAITHEFFORTS
‘A.WiththesubmissionofthefinalrequestforpaymentfromtheContractingAgency,
theBeneficiaryand/orEMPLOYERshall:
1.ReporttoDOESitscompliancewiththehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProject,andreportthehoursthatDCresidentsworkedforeachtradeclassificationsineachareaoftheProject;or
2.SubmittoDOESarequestforawaiverofthehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProjectthatwillincludethefollowingdocument1,DocumentationsupportingEMPLOYER'Sgoodfaithefforttocomply;b.ReferralsprovidedbyDOESandotherreferralsources;andc.AdvertisementofjobopeningslistedwithDOESandotherreferralsources.Page8of11 FintSouneEmploomentArementReedFebuary15.2018,
B. DOESmaywaiveorpartiallywaivethehiringorhoursworkedpercentagerequirementsforjobscreatedbytheProject,and/ortherequiredhoursofDC residentsforeachtrade‘classifications,ifDOESfindsthattheBeneficiaryorEMPLOYER,includingitscontractors
‘orsubcontractors:
3.
DOES certifiedthatBeneficiaryorEmployerdemonstrateda goodfaitheffortto
comply,assetforthinSectionVIIL.C.;or
TslocatedoutsidetheWashingtonMetropolitanStatisticalArea,andnoneofthecontractworkisperformedinsidetheWashingtonMetropolitanStatisticalArea;
‘Thebeneficiarypublishedeachjobopeningorpart-timeworkneededfor7calendardaysina Districtnewspaperofcity-widecirculation;and
‘TheDOEScertifiedthatthereareinsufficienteligibleapplicantsfromtheFirstSourceRegisterthatpossesstheskillsrequiredbythepositions,ortheeligibleapplicantsarenot
availableforpart-timeworkordonothaveameanstotraveltotheonsitejobs;oF
Beneficiary/Employerenteredintoa specialworkforcedevelopmenttrainingorplacementarrangementwithDOES orwiththeDistrictofColumbiaWorkforce
Intermediary.
C. DOESshallconsiderdocumentationofthefollowingwhenmakingadeterminationofagood-ffaithefforttocomply:
DOEShascertifiedthatthereareinsufficientnumbersofDistrictresidentsinthelabormarketpossessingtheskillsrequiredbytheEMPLOYERforthepositions
createdasaresultoftheProject.
WhethertheEMPLOYERpostedthejobsontheDOESjobwebsiteforaminimum
of10calendardays;
‘WhethertheEMPLOYER advertisedeachjobopeninginaDistrictnewspaperwith
city-widecirculationforaminimumof7 calendardays;
‘WhethertheEMPLOYER advertisedeachjobopeninginspecialinterestpublications
andonspecialinterestmediaforaminimumof7 calendardays;
‘WhethertheEMPLOYER hostedinformational/recruitingorhiringfairs;
WhethertheEMPLOYERcontactedchurches,unions,and/oradditionalWorkforce
DevelopmentOrganizations;
‘WhethertheEMPLOYER interviewedemployablecandidates;
WhethertheEMPLOYERcreatedorparticipatedina workforcedevelopmentprogramapprovedbyDOES;
WhethertheEMPLOYERcreatedorparticipatedina workforcedevelopmentprogramapprovedbytheDistrictofColumbiaWorkforceintermedi
10.WhethertheEMPLOYER substantiallycompliedwiththerelevantmonthlyreporting,
requirementssetforthinthissection;
Page9of 11 FistSvurceEmplnmentAgreement:RevisedFema18.2018
11,WhethertheEMPLOYERhassubmittedandsubstantiallycompliedwithitsmost
recentemploymentplanthathasbeenapprovedbyDOES;and
12,Anyadditionaldocumentedefforts.
IX,| MONITORING
A. DOES istheDistrictagencyauthorizedtomonitorandenforcetherequirementsofthe
WorkforceIntermediaryEstablishmentandReformofthe FirstSourceAmendmentAct
of2011(D.C.OfficialCode§§2 219.01- 2.219.05),andrelevantprovisionsofthe
ApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03
and§ 32-1431).As a partofmonitoringandenforcement,DOES may requireand
EMPLOYER shallgrantaccesstoProjectsites,employees,anddocuments.
B. EMPLOYER'S noncompliance with the prov
impositionofpenalties.
nsofthisAgreementmay resultinthe
C.AllEMPLOYERinformationreviewedorgathered,includingsocialsecuritynumbers,asa
resultofDOES’monitoringandenforcementactivitieswillbe heldconfidentialin
accordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthe
purposesthatitwasreviewedorgathered.
D. DOESshallmonitorallProjectsasauthorizedbylaw.DOESwill:
1.ReviewallcontractcontrolstodetermineiftheBeneficiaryorEMPLOYER,
includinganyContractorsorSubcontractors,aresubjecttotheWorkforce
IntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011.
2.Notifystakeholdersandcompanyofficialsandestablishmeetingstoprovide
technicalassistanceinvolvingtheFirstSourceProcess.
3.MakeregularconstructionsitevisitstodetermineifthePrimeorSubcontractors’
workforceisinconcurrencewiththesubmittedAgreementandMonthlyCompliance
Reports.
4,Inspectandcopycertifiedpayroll,personnelrecordsandanyotherrecordsor
informationnecessarytoensuretherequiredworkforceutilizationisincompliance
withtheFirstSourceLaw.
5.ConductdeskreviewsofMonthlyComplianceReports.
6,EducateEMPLOYERSaboutadditionalservicesofferedbyDOES,suchasOn-the-
JobtrainingprogramsandtaxincentivesforEMPLOYERSwhohirefromcertain
categories.
7.Monitorandcompletestatisticalreportsthatidentifytheoverallproject,contractor,
andsubcontractors’hiringorhoursworkedpercentages.
8,Provideformalnotificationofnon-compliancewiththerequiredhiringorhours
workedpercentages,oranyallegedbreachoftheFirstSourceLawtoallcontracting
agencies,andstakeholders.(Pleasenote:EMPLOYERSaregranted30daysto
correctanyallegeddeficienciesstatedinthenotification.)
Page10of11 FistSourceEmploymentAgreementRevelFebary18,2018
X. PENALTIES
‘A.WillfulBreachoftheAgreementbytheEMPLOYER,failuretosubmitthecontractcompliancereports,deliberatesubmissionoffalsifieddatamayresultinDOESimposingafineof5%ofthetotalamountofthedirectandindirectlaborcostsoftheProject,inadditiontootherpenaltiesprovidedbylaw.FailuretomeettherequiredhiringrequirementsorfailuretoreceivegoodfaithwaivermayresultintheDepartmentofEmploymentServicesimposingapenaltyequalto1/8of1%ofthetotalamountofthedirectandindirectlaborcostsoftheProjectforeachpercentagebywhichthebeneficiaryfailstomeetthehiringrequirements.
.EMPLOYERSwhohavebeenfoundinviolation2timesormoreovera 10yearperiodmay
bedebarredand/ordeemedineligibleforconsiderationforProjectsforaperiodof5years.
C.Within90daysofa DeterminationofaPenalty,theBeneficiaryorEmployermayappealtheviolationsorfinesbyfilingacomplaintwiththeContractAppealsBoardinaccordancewithD.C.Code§2-360.03and§2-360.04.
TherebycertifythatIhavetheauthoritytobindtheEMPLOYERtothisAgreementfromthestartofworkontheProject,throughoutthedurationoftheProject,andagreetoalltermsandconditionsherein.
By:
Frank Chiaramonte
EMPLOYERSeniorOfficial(Print)
FrankChiaramorte
EMPLOYERSeniorOffi
15/23
Date
(Signature)
ChiaramonteConstructionCompany
‘NameofCompany
2260 Minnesotaave SE
Washington DC
Address
202-562-0027
Telephone
frank@cc-builder.com
Email
Lpox 4 (sfox‘SignatureDepartrpgittofEmploymentServices Dai
Page11of11 FistSourceEmploymentreemen,RevisedFebruary13,2018
*
IE*
*
*
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA
REVISED EMPLOYMENT PLAN
|. REVISED FIRSTSOURCE EMPLOYMENT PLAN
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION
DISTRICT CONTRACTING AGENCY: DepartmentOfGeneralServices
CONTRACTINGOFFICER:ObsituianRanitor
TELEPHONENUMBEITOTAL CONTRACT AMOUNT: $1,076.25
EMPLOYERCONTRACTAMOUNT:PROJECT NAME: 08forthedesignandconst
PROJECTADDRESS:Mutiocatons
CITY:Washington06 STATE:_ZIPCODE:2000
improvernerisofThveeDPRfacies
PROJECTSTARTDATE:5823EMPLOYERSTARTDATE:5823 EMPLOYEREND DATE:
EMPLOYER INFORMATION
EMPLOYERNAMI
COMPANY NAME:
EMPLOYERADDRESS:2260MinnesotaaveSE
CITY:¢ ‘STATE:9° ZIPCODE: 20020
TELEPHONENUMBER: FEDERALIDENTIFICATIONNO.;20-1576336
CONTACT PERSON: HuyTron
TITLE: HRManager
E-MAIL:niran@ce-buiider.com TELEPHONE NUMBER: 202-562.0027ext107
EMPLOYER DESCRIPTION OF WORK: JesignbuildservicesforaADAcomplianceforpublicparkandfacity
GENERAL CONTRACTOR WILL MEET THE HIRING OR HOURS WORKED PERCENTAGES
REQUIREMENTS FOR ENTIRE PROJECT [~] OR PER EACH SUBCONTRACTOR (gg)
A. EMPLOYMENT HIRING PROJECTIONS.
ALLEMPLOVERS:
PleaseindicateALLnewposition(s)youwillcreateasaresultoftheproject.IfyouWILLNOTbecreatinganynewemploymentopportunities,pleasecompletetheattachedjustificationsheetwithanexplanation.Attachadditionalsheetsasneeded.
#OFJOBS UNIONMEMBERSHIPREQUIRED
F/T _P/T NAME LOCAL#
xk *
— GOVERNMENTOFTHE DISTRICTOFCOLUMBIA
— REVISEDEMPLOYMENT PLAN
+
+
+
B.JUSTIFICATIONSHEET:PleaseprovideadetailedexplanationofwhytheEmployerwillnothaveanynewhiresontheproject.
Chiaramonte Constructionhave fullcapacityto complete the work and no need fornew hire
anynewemployeeforthisproject
ThispagetobecompletedbyEmployer
EmployerInitials
C.EMPLOYMENT PROJECTIONS.
*
*
*
*
+
+
— GOVERNMENT OF THE DISTRICT OF COLUMBIA
a REVISEDEMPLOYMENTPLAN
1 Providea timetableoutliningthe51% HiringofDistrictResidentoverthelifeoftheproject
orcontractand an associatedhiringschedule.
nla
Ml Providedescriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions.
nla
I. Providea strategyto fillthe 51% hiringof Districtresidentsrequirement,includinga
componenton communicatingtheserequirementstocontractorsandsubcontractorsand a
‘componentonpotentialcommunityoutreachpartnershipswiththeUniversityofthe District
ofColumbia,theUniversityoftheDistrictofColumbia Community College,the Department
ofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbia
WorkforceIntermediary,orothergovernment-approved,community-basedjobtraining
providers.
nla
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a= GOVERNMENTOFTHE DISTRICTOFCOLUMBIA,
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REVISED EMPLOYMENT PLAN
Thisstrategyshouldincludearemediationstrategytoameliorateanyproblemsassociatedwithmeetingthese51%HiringofDistrictResidentrequirements,includinganyproblemsencountered withcontractorsand subcontractors.
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‘Thedesignationofa seniorofficialfromtheEmployerwho willberesponsibleforimplementingthehiringandreportingrequirements.
JillBurk,Controller
ProvidedescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDistrictresidentsworkingontheprojectorcontract.
Forfulltimeemployee:
IncludedHealthcareInsurance
Included401K
Providea strategyto ensure thatDistrictresidentswho work on the projector contract
receiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhich they were initiallyhiredand a reviewof pastpracticesin continuingto employ
Districtresidentsfromoneprojectorcontracttothenext.
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— —= GOVERNMENTOFTHEDISTRICTOFCOLUMBIA =
REVISEDEMPLOYMENT PLAN
D. EMPLOYMENT PROJECTIONS (continued)
vil. ProvideastrategytohiregraduatesofDistrictofColumbiaPublicSchools,DistrictofColumbiaPublicCharterSchools,community-basedjobtrainingproviders,andhard-to-employresidents.
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PleasedisclosepastcompliancewiththeFirstSourceEmploymentAgreementActof1984orthe Workforce Intermediary Establishment and Reform of FirstSource Amendment Act of
2011andtheDavis-BaconAct,whereapplicable,andthebidderorofferor’sgeneralDistrict-residenthiringpracticesonprojectsorcontractscompletedwithinthelasttwo(2)years.
2020: 58%
2019: 55%
PleasenotethatEMPLOYERSwithconstructionprojectsmustmakepayrollrecordsavailableuponrequestatjobsitestothecontractingDistrictofColumbiaagency.
Confirmed and Chiaramonte willcomply with DC laws
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xk x ke— ot= GOVERNMENT OF THE DISTRICT OF COLUMBIA —
REVISED EMPLOYMENT PLAN
CURRENTEMPLOYEES:Pleaselistthenames,residencystatusandwardinformationofallcurrentemployees,includingapprentices,trainees,andtransfersfromotherprojects,whowillbeemployedontheProject.Attachadditionalsheetsasneeded.
NAME OF EMPLOYEE. ‘CURRENTDISTRICT
RESIDENTPleaseCheck
see listattached
B)oO/o/oO/O)O)O)0/O/O/O/o0/o0/o0/0)/o/o0/8
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EmployerInitials
ChiaramonteConstructionCompany
EmployeeName
WagnerA AldunateGeorgeGregoryAllenJr.NelsonYovanyAlvarezFranciscoAmayaDiazJesusAmayaEddieOswaldoAranaAntonioCurtisArmstrongOscarOsmanAvilaLopezMiltonBalderramaRobertoPabloBatres
EmployeeReport
AnibalVladimirBenitezHerndz6870ArborLa
IsmaelA BonillaJoseErnestoBurucaRogerI CaballeroRonalJuanCabarelloAlbertoAndyCaoPaolaLitaCarrillo-AylionMargaritoCarrilloJoseManuelCastanedaAlvarado1015JoseAntonioCastanedaRafaelCecilioDelCarmenVictorM ChavezWylianAlexisChica-ClarosJohnyHenryClarosWilderA CortezMarianoCruzMartinezFranciscoCuellarHernandezRicardoA CuellarElmerOmarEscobar-CernaOsvaldoDiegoEscobarAlvaroFerrufino
RaulFloresSanchezCarlosArmandoFloresJoelArmandoFloresNicolasArnoldoFloresJoseDe JesusGalloMaximilianoIvanGomezSanchez3210JavierJuanGomez-SanchezJoseAlexanderGonzalezHerndz312616thStreetNW,Apt02FernandoAlcidesGutierrezDiegoJosueHenriquezPortillo460N StreetNW,Apt 5BlancaL HernandezDeBenitezAbelHernandezJoseSantosIglesiasJoseHeribertoJuarezAngelG LaraPaluchoDavidLopezMunozSaulTurciosLopezGermanDanielMartelEcheverrWalterLeeMclendonJesusMoralesRoyersMunozSiles
FilesUsed:
Address1 city
6129LeesburgPike,#801 FallsChurch2100MLKJr.AveSE,Ste100 Washington570BeaconRd SiverSpring1112N. KennebecStreet,Apt#@Arlington1112N KenebecStreet,Apt5 Arlington6263OxonHillRd OxonHill195319thPlace,SE,Apt101 Washington4328PotomacDr. KingGeorge7098thStreetSE Washington28 Q StreetNW WashingtonBryansRoad$410IllinoisAveNW fashington6710FarmerDr. FortWashington$410TllinoisAveNi Washington14455DelMarDr. Woodbridge9627KirklandDr. Frederick101$ ReynoldsSt.,Apt403 Alexandria19300CircleGateDrive,#103GermantownLamontStreetNW Washington120610thStreetNW,# 305 Washington54079thSt.,NW,Apt309 Washington3717RollingHillsAve,AptB4Alexandria52026thStreet Brooklyn43224thStreetNorthApt.4 Arlington3912HarrisonST.,NW Washington363616thStreetNW,B307 Washington1734GatesStreet Alexandria363616thStreetNH,B307 Washington5613KennedySt., Riverdale7904InvertonRd,Apt304 — Anandale306SouthernAveSE Washington1424SomersetPl.NW,Apt#A4Washington6423LincolniaRd. Alexanderia1609F st NE Washington6423LincolniaRd. Alexandria8535GreenLeafSt. AlexandriaWisconsinAveNW,Apt109Washington13115EstelleRoad SilverSpringWashington2801NicholsonSt.Apt# 103 HyattsvilleWashington6870ArborLn BryansRoad5493SheffieldCt.Apt212 Alexandria1112N. KennebecStreet,# 1 Arlington822014thAve Hyattsville7912PrinceGeorgesDr. FortWashington918DelafieldPl NW Washington4712BartramSt. Rockville3932SonoraPL Alexanderia40011stStreetSE,Apt201 Washington2756MarlettePlace Waldoré1252§ Taylorst. Arlington
stat
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MDpeMDvApcMDvA
MASTER.PRMRecordSecurity:Disabled
zipCode
220412002020903222052220520745
2002022485200032000120616200112074420011221932170322304208742001020001200112230921225222032001920010223032001020737220032003220011223122000222312
2230920016209062001020782200212061622311222052078320744
200112085322309200322060122204
ChiaramonteConstructionCompany EmployeeReport Page2SystemDate:08-09-21SystemTime:10:57am
FilesUsed:MASTER.PRM
RecordSecurity:Disabled
Employee Address zipName 1 city StatCode
VictorDanielOrdonezCruz 812CrawfordSt. OxonHill MD 20745JosselynOrtez 2898PineSpringRd FallsChurch VA 22042OscarOrtizMartinez 571929thAve,Apt203 Hyattsville MD 20782GerardoOsorioVera 10347Titoct. Manassas va 20110LuisJubenPalacios 15760FoxChaseLn Culpeper VA 22701GiovannaPatino 1434MeridianPl.NW Washington pc 20010HumbertoPedrazaOsorio 29167thStreetNE,Apt01 Washington pC 20017JonyI PenaZuniga 43153rdStreetSE fiashington pc 20032ArmandoPerez 8315LarchwoodStreet NewCarrolltonMD 20784JoseIsraelPinedaAlfaro 4109OglethorpeSt,Apt101 Hyattsville© MD 20782AldoD. Pinto-Arnez 20111RothburyLn MontgomeryVig MD 20886QuiqueR.Quiroga 6214YellowstoneDrive Alexandria va 22312DagobertoReyes 3362RollingwoodDr. Woodbridge va 22191JoseD Reyes 390016thStreetNW.Apt134 Washington pc 20011AntonioRivere-Garcia 1109VeirsMillRoad Rockville MD 20851MarcoAntonioRodriquezArchnd5204MineolaRoad CollegePark MD 20740RudyRojas 8614E FortFooteTer FortWashingtonMD 20744ToniMarieRoss 9718LibertyRoad Frederick MD 21701BernabeSalayaGarcia 1500SpringPL,NW Washington bc 20010OscarG. Sanchez 1416ParkwoodPlaceNd Washington pe 20010PedroSantana 100Woodlandct.,Apt#3 Laurel mp 20707CarlosTapia 112EmersonStreetNW Washington be 20011AlexTorrico $431ConnecticutAveNW,# 202Washington pe 20015RogerOmarTurcios 2230FairfaxDr.Apt807 Arlington VA 22201MiltonB.Vargas 5148thStreetSE Washington pe 20003MiltonVegaPanozo 236MassachusettAveNE Washington pc 20002PabloVegaPanozo 5431ConnecticutAveNW Washington Dc 20015JoseMiguelVenancioGonzales1420PerryPlaceNW Washington pc 20010PedroVenancioGonzales 5204MineolaRoad CollegePark MD 20740IvanVenancioMartinez 200OldeTowneAve,#530 © GaithersburgMD 20877MarcoAntonioVenancioMartinz8632HawkinsCreameryRd. GaithersburgMD 20882YessicaVenegas 654MortonStreetNW Washington pc 20010SantosEduardoVillatoro 14007RectoryLn. UpperMarlboroMD 20772MoisesZurita 3330WoodburnVilleageDr. Annandale vA 22003