Proposed Contract with Shinberg Levinas Architectural Design, Inc.to Contract No. DCAM-22-AE-RFP-0001

MURIELBOWSERMAYOR
June 13,2025
Honorable PhilMendelson
Chairman
Councilofthe Districtof 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 theProcurement PracticesReform Act of 2010 (D.C.OfficialCode §
2-352.02),enclosedforconsiderationand approvalby theCouncilofthe Districtof Columbia is
proposed ModificationNo. 1 to ContractNo. DCAM-22-AE-RFP-0001 with ShinbergLevinas
ArchitecturalDesign,Inc.,increasingthenot-to-exceedamount by $3,026,344,from $1,952,600
to$4,978,944.
The underlyingcontractwas deemed approved by Council on February9, 2025 as CA26-0031.
Under proposed ModificationNo. 1,ShinbergLevinas ArchitecturalDesign,Inc.,willprovide
additionalprofessionaldesign servicesforthe new MetropolitanPoliceDepartment 7th District
Headquarters,locatedat2455 Alabama Avenue, SE.
My administrationisavailabletodiscussanyquestionsyoumayhaveregardingtheproposedcontractmodification.Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasecontactDelanoHunter,Director,DGS,orhaveyourstaffcontactEricNjonjo,ActingChief
Procurement Officer,DGS, at (202) 727-2800.
LookforwardtotheCouncil’sfavorableconsiderationofthiscontractmodification.
Sincerely,
Mufiel Bawser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

1

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

COUNCIL CONTRACT SUMMARY
(Contract Modification)

(A) Contract Number: DCAM-22-AE-RFP-0001
Modification No. 1

Contractor: Shinberg Levinas Architectural Design, Inc.

Total Contract Amount: Not-to-Exceed (“NTE”) $4,978,944

Modification Amount: $3,026,344

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

Term of Contract: January 9, 2024 (the date the Letter Contract was
executed) through September 20, 2027 (estimated
Substantial Completion Date for headquarters) and
November 22, 2028 (estimated Substantial
Completion Date for the parking structure)

Type of Contract: Firm Fixed Price

Source Selection Method: Competitive Request for Proposal (“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:

N/A

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

Shinberg Levinas Architectural Design, Inc. , (the “Contractor”) shall provide a full range of
architectural and engineering services required to build the Metropolitan Police Department
(“MPD”) 7th District New Facility (“Headquarters”) and Parking Structure by replacing the

2

existing facility and parking lot (the “Project”). The proposed improvements will serve growing
operational needs and will align with future MPD departmental needs. The new Headquarters
will include replaced IT infrastructure, address building systems deficiencies, improve
departmental space configuration, and increase energy efficiency. The new parking structure
will improve building security and facilitate a safe work environment and access control.

Since the execution of the C ontract, the Contract’s approved budget has grown from
$18,000,000 to $50,000,000, and the estimated square footage of the project has increased from
an estimated 55,000 square feet to approximately 65,000. In addition, the final programming
requirements for the MPD Headquarters represent an expanded , more technically complex
facility than initially expected while the capacity of the parking structure has been determined
to be 210 spaces, a number much higher than originally contemplated. Due to MPD Progr am
and square foot requirement increases, the need to obtain z oning variances, and a Department
of Buildings requirement that phases of the project run consecutively rather than concurrently,
it is anticipated that the Project schedule will increase by approximately 550 calendar days. The
Substantial Completion Date for the new MPD 7D Headquarters is estimated to be September
20, 2027, and the estimated Substantial Completion Date for the Parking structure is November
22, 2028.

The total costs for expanded and additional services exceed $1 million and therefore require
Council approval.

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

The underlying Contract was competitively bid and previously submitted to and deemed
approved by the Council (CA26-0031) on February 9, 2025.

(E) 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.

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

3

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 architectural services and is dedicated to pursuing design excellence across
a range of project types and scales. The Contractor possesses the financial stability to successfully
perform the Project and has provided a staffing plan for the Project which has been reviewed and
approved by the Department. The Contractor has been determined responsible in accordance with
27 DCMR § 4706.1.

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

The Contractor is a certified business enterprise in accordance with the Act (CBE Number:
LSD68729072027). The Contractor submitted a subcontracting plan that meets the minimum
requirements of the Act.

Contract Dollar Value $4,978,944,00
Contractor Self-Performing $2,140,945.92
Subcontracting Effort $2,837,998.08
Actual Subcontracting Plan Value $1,728,620.00
Subcontracting Percentage 60.91%

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

The Contractor is required to provide the full range of architectural and engineering services
required for the Project necessary to substantially complete the Project no later than September 20,
2027 (estimated Substantial Completion Date for MPD Headquarters) and November 22, 2028
(estimated Substantial Completion Date for the Parking Structure). The Contractor’s performance
will be monitored by DGS staff and DGS’s designated Program Manager. Additionally, the
Contractor must adhere to the terms and conditions of and the Standard Contract Provisions for
use with District of Columbia Government Architectural/Engineering Services contracts.

In general, the Contractor must perform the requirements contained in the Contract and meet or
exceed the performance standards therein. The Contractor’s performance will be monitored by
DGS staff and DGS’s designated Project Manager.

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

The underlying Contract was competitively bid and previously submitted to and deemed
approved by the Council (CA26-0031) in the amount of $1,952,600 (including an existing letter
contract amount of $990,000) on February 9, 2025.

4

(J) A certification that the proposed contract modification 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 Modification No. 1’s NTE
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.

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

Proposed Modification No. 1 has been deemed legally sufficient by the Department’s Office of
the General Counsel.

(L) 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 pr ovided 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.

(M) 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.

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

According to DSLBD website, the Contractor is a certified Local, Disadvantaged, Small business
enterprise The Contractor’s CBE Number is LSD68729072027 with an expiration date of July 8,
2027.

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

None

5

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

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

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

None.

(R) 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 upon request.

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

The original solicitation and any amendments to the solicitation can be found at
https://dgs.dc.gov/publication/dcam-22-ae-rfp-0001-architecturalengineering-services-mpd-7th-
district-headquarters-new

(T) 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: June 6, 2025 L0014230494Notice Number:
FEIN: **-***8462
Case ID: 18629474

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
SHINBERG LEVINAS ARCHITECTURAL DESIGN INC
5101 WISCONSIN AVE NW STE 310
WASHINGTON DC 20016-4138

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

Office of the Chief Financial Officer

Memorandum

To: Delano Hunter
Director

From: Antoinette Hudson-Beckham
Agency Fiscal Officer

Reference: DCAM-22-AE-RFP-0001 Modification No. 1 Architectural and
Engineering Services – MPD 7th District Headquarters Renovation

Date: May 28, 2025

Subject: Fiscal Sufficiency Review
___________________________________________________________________________

In my capacity as the Agency Fiscal Officer of the Department of General Services (the
"Department"), I hereby state that Modification No. 1 to Contract DCAM-22-AE-RFP-0001 to
provide additional Architectural and Engineering Services for the MPD 7th District Headquarters
Renovation in the amount of Three Million Twenty-Six Thousand Three Hundred and Forty-
Four Dollars ($3,026,344.00) is consistent with the Department’s current budget and adequate
funds are available in the budget for “capital eligible” expenditures.

Per DGS Contracts & Procurement (C&P) team, the Department issued a letter contract in the
amount of $990,000.00. The letter contract was funded under PO702826. On February 9, 2025,
the definitive contract was deemed approved by the Council through CA26-0031. The definitive
contract was funded under PO722246 in the amount of $962,600.00 bringing the Contract’s total
value to $1,952,600.00($962,600.00 + $990,000.00).

The Department is now seeking Council approval of Modification No. 1, in the amount of
$3,026,344.00, increasing the contract’s total value from $1,952,600.00 by $3,026,344.00 to
$4,978,944.00($3,026,344.00 + $1,952,600.00). The modification amount is $1 million or more
and therefore requires Council approval.

The amount of $3,026,344.00 is being approved for capital eligible items. The funding attributes
and the PASS information is attached.

The Department of General Services (Implementer AGY) has $4,978,944.00 in the Metropolitan
Police Department (MPD - Owner AGY) cumulative capital budget authority balance.

Page 2 of 5

2000 14th St. NW, 8th Floor, Washington DC 20009 | Telephone (202) 727-2800 | Fax (202) 727-7283

Antoinette Hudson-Beckham
Agency Fiscal Officer

Project Name Project
Number
Fund
Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
AM0.BRM19C.7TH
DISTRICT HQS
RENOVATION
100024 3030300 N/A AM0 FA0 PO702826 $990,000.00 Letter
Contract
AM0.BRM19C.7TH
DISTRICT HQS
RENOVATION
100024 3030300 N/A AM0 FA0 PO722246 $962,600.00 Definitive
contract
AM0.BRM19C.7TH
DISTRICT HQS
RENOVATION
100024 3030300 N/A AM0 AM0 RK304932 $3,026,344.00
Modification
#1 -
Proposed
Increase
TOTAL $4,978,944.00

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

Proposed Modification No. 001 to Architectural and Engineering Services MPD 7 th
District New Facility and Parking Structure

Contract Number: DCAM-22-AE-RFP-0001
Contractor: Shinberg/Levinas Architectural Design, Inc.

DATE: June 9, 2025
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced proposed Modification No.
001 and has found it to be legally sufficient, subject to submission of: (i) a ny required materials
and Council approval; (ii) Council’s approval of the same; and ( iii) a Fiscal Certification issued
by the Department of General Services’ Agency Fiscal Officer.

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

____________________________
Kristen Walp
Senior Assistant General Counsel

Shinberg/Levinas Architectural Design Inc.
5101 Wisconsin Avenue NW #310
X
1
2
3
4
5
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
Letter Contract No. DCAM-22-AE-RFP-0001 is hereby modified as follows:
date, etc.) set forth in item 14.
Section 3.5.1 Not to Exceed Amount. The price for the additional services is $ 3,026,344.00. The contract's NTE amount is
therefore increased from $1,952,600 by $3,026,344 to $4,978,944. A detailed explanation of the price increases by line item is
provided in Attachment B.
X D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Letter Contract DCAM-22-AE-RFP-0001, Item No. 10
1
16A. Name of Contracting Officer
Washington, DC 20016 10a Modification or Contract Number
Exhibit F Project Schedule is hereby modified to include the updated Project Schedule provided as Attachment C.
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 services, and the work provided pursuant to this agreement.
C. This supplemental agreement is entered into pursuant to authority of:
is not, is required to sign this document and return
January 9, 2024
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
copy to the issuing office.E. IMPORTANT: Contractor
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
Section 2 Scope of Work. As a result of the increase in Project's building area, MPD's increase in program complexity, and the
increase in the size of the parking structure, the Project’s Scope of Work is hereby modified to include the additional services listed in
Attachment A.
Except as provided herein, all terms and conditions of the Contract referenced in Item 10A, as heretofore changed, remains
unchanged and in full force and effect.
(Signature of person authorized to sign) (Signature of Contracting Officer)
15B. Name of Contractor 15C. Date Signed 16B. District of Columbia 16C. Date Signed
James H. Marshall
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 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
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
1following methods: (a) By completing Items 8 and 15, and returning 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
A. This change order is issued pursuant to: (Specify Authority)
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Except as provided herein, all terms and conditions of the document referenced in Item (9A or 10A) remain unchanged and in full force and effect
15A. Name and Title of Signer (Type or print)
Architectural and Engineering Services - MPD
7th District Headquarters New Facility and New
Parking Structure
2. Modification Number
Washington, DC 20019 Washington, DC 20019
DCAM-22-AE-RFP-0001
9B. Dated (See Item 11)
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
10B. Dated (See Item 13)
3924 Minnesota Avenue NE 5th Floor 3924 Minnesota Avenue NE 5th Floor
Contracting and Procurement Division Capital Construction Division
1. Contract NumberMODIFICATION OF CONTRACT Page of Pages
DCAM-22-AE-RFP-0001 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 1 See Block 16C RK304932
Salo Levinas, Principal
:Shinberg-Levinas Architects
Salo Levinas
06/06/25

(Continuation)
6 Contract Recap Not to Exceed Amount
Contract Executed
Modification 1
$1,952,600
$3,026,344
$4,978,944
Letter Contract Number Modification No. Page of Page
DCAM-22-AE-RFP-0001 1 2 of 2

Attachment A
Page 1 of 3

Architecture Planning Interiors

Shinberg Levinas 5101 Wisconsin Avenue NW, 310 202.244.5101 tel
Architectural Design Inc. Washington, DC 20016 202.244.5363 fax
www.shinberglevinas.com

ADDITIONAL SERVICE AUTHORIZATION

Date: May 09, 2025
To: Agyei O. Hargrove
From: Salo Levinas
Project: DGS - MPD 7D HQ & PARKING STRUCTURE
Re: Proposed Change Order 04
Cc: Jamil Hamilton, Clifton Longobardi

Authorization for the following Additional Service for the Project:

By: Shinberg/Levinas Architectural Design Inc.
Scope Description: Revised fees to Base Contract and additional scope.

Necessitated by: Owner request.

Fee:

Base Contract $ 1,952,600.00
Change Order 01 $ 3,026,344.00
Total $ 4,978,944.00

Itemized Breakdown of revised fees per Description of Service:

Program of Requirements (POR) $ 0.00
Schematic Design (SD) $ 275,677.00
Design Development (DD) $ 465,412.00
Construction Documents (CD) $ 570,239.00
Bid Phase $ 20,249.00
Construction Administration $ 515,823.00
Max Reimbursable $ 75,000.00
Pre-Cast Parking Garage Design $ 500,000.00
Net Zero Design $ 68,000.00
Holland & Knight (Zoning Attorney) $ 150,000.00
ECS - Phase 2 Study $ 25,000.00
ECS - Phase 2 Study (Added Services) $ 9,985.00
ECS - Geothermal Design and Testing $ 75,000.00

Page 2 of 3
ECS - Vapor Design $ 11,000.00
Dry Utility $ 40,300.00
Dry Utility (Add Alternate) $ 27,100.00
Arborist $ 3,000.00
Archeology (Phase 1A) $ 33,738.00
Archeology (Phase 1B) $ 10,000.00
Fuel Station Consultant $ 37,000.00
Civil (Add Service) $ 3,415.00
Landscape PUD Phase $ 18,773.00
Landscape Alt Site Design (Parking Phase) $ 34,633.00
Permit Expeditor (Lot Conversion) $ 5,000.00
PUD Traffic $ 40,000.00
PUD Civil $ 12,000.00
Total $ 3,026,344.00

Notes
This Additional Service will be performed upon Approval and Authorization by DGS.

Approved & Authorized:

______________________________________________ ______________
DC Department of General Services (DGS) Date

Page 3 of 3

Full Contract Summary:

ATTACHMENT B
DGS - MPD 7D HQ & PARKING STRUCTURE
5/9/2025 5/28/2025
RE: AE Design - PCO 04
DGS Building Design to Budget Value 18,000,000.00 $ 50,000,000.00 $
VALUE OF
DESCRIPTION OF BASE SERVICES BASE CONTRACT REVISED FEE CHANGE ORDER 01 AE JUSTIFICATION OF INCREASE
Program of Requirements (POR) $ 98,700.00 $ 98, 700.00 $ - No change in Price
Schematic Design (SD) $ 220 ,900.00 $ 496,577.00 $ 275,677.00 In the Schematic Design (SD) through CA phases, fee increases were limited to consultants directly impacted by the
expanded scope—namely DLR (consultant for Public Safety, Lighting, MEP/FP/Life Safety, AV/IT/Security, Acoustics),
Structural, and Architecture—while most other fees remained unchanged. These targeted adjustments reflect the
increase in building area and program complexity once the actual square footage and departmental needs were
defined. Additional effort was required to develop early design responses for the anticipated parking garage and to
prepare for newly identified permitting processes, including a PUD, workshop station raze, fuel station relocation
permit. SL’s increased fee also accounts for intensive layout studies and test fits, in addition to coordinating a
complex PUD submission. Notably, the original RFP projected a two-year timeline through Construction
Administration; this has since expanded by approximately 1,000 days following joint review with DGS, the permit
expediter, and other consultants. This extended schedule reflects the increased scope and phasing
complexity—further justifying the added effort in SD and subsequent phases.
Design Development (DD) $ 4 10,900.00 $ 876,312.00 $ 465,412.00 In the Design Development (DD) phase, the complexity and technical requirements of the project are more defined,
particularly in systems such as MEP/FP, life safety, AV/IT/security, and acoustics. This refinement is reflected in
increased internal coordination and design effort by SL and DLR, even though most subconsultant fees remained
unchanged. The fee adjustments capture the added effort required to align interior architecture and building systems
with MPD’s operational needs. Additional work related to fuel relocation—triggered by the expanded building
footprint—as well as enhanced security infrastructure and mechanical systems, are also intensified during this phase
and contributed to the increase.
Construction Documents (CD) $ 521,500.00 $ 1,091,739.00 $ 570,239.00 In the Construction Documents (CD) phase, the complexity of the precinct building requires a significantly greater
level of detailed documentation and coordination, particularly from SL and DLR. Additional time and effort is needed
to prepare materials for the PUD submission, integrate site-specific zoning relief, and ensure full coordination across
disciplines. The fee increases in this phase reflect the intensified labor demands associated with these tasks.
Notably, fees for consultants unaffected by scope changes remained unchanged, underscoring that the increases are
focused and justified based on expanded technical and regulatory requirements.
Bid Phase $ 68,500.00 $ 88,749.00 $ 20,249.00 With the expanded and clarified scope—including a larger, more technically complex police station, an attached
parking structure, and multiple permitting components—the Bid Phase now requires significantly more coordination
and support. Additional effort is needed to respond to contractor inquiries on MEP/FP systems, security, sustainable
design, and specialty construction, as well as to assist with value engineering and ensure compliance with design
intent and zoning conditions. The modest fee increase reflects the heightened demands of this phase while remaining
sensitive to the client’s budget constraints.
Construction Administration $ 532,100.00 $ 1,047,923.00 $ 515,823.00 Due to the expanded project scope and increased number of systems, stakeholders, and permitting requirements,
the Construction Administration (CA) phase now demands significantly greater involvement from the AE team. The
extended timeline—driven by phased construction sequencing, raze of the existing building, and PUD approval of the
parking garage—requires sustained support for RFIs, submittals, field coordination, and compliance with zoning and
permit conditions. The fee increase reflects this added effort, particularly for SL and DLR, while fees for consultants
not impacted by scope growth remained unchanged, underscoring that the adjustments are both targeted and
justified.
DGS - MPD 7D HQ & PARKING STRUCTURE
5/9/2025 5/28/2025
RE: AE Design - PCO 04
DGS Building Design to Budget Value 18,000,000.00 $ 50,000,000.00 $
VALUE OF
DESCRIPTION OF BASE SERVICES BASE CONTRACT REVISED FEE CHANGE ORDER 01 AE JUSTIFICATION OF INCREASE
Max Reimbursable $ 100,000. 00 $ 175,000.00 $ 75,000.00 DGS Controlled Allowance/DGS Increase in Allowance
DESCRIPTION OF ADD SERVICES
Pre-Cast Parking Garage Design $ - $ 500,000.00 $ 500,000.00 The original RFP did not include any details regarding the required number of parking spaces, the type of structure, or
the regulatory implications of adding a parking facility. As the project evolved, it was determined that a structured pre-
cast garage accommodating approximately 210 parking spaces would be required. This introduced a substantial
scope of work that could not have been anticipated or priced under the base contract. Additionally, the District’s
zoning regulations prohibit two principal buildings on a single lot, necessitating a Planned Unit Development (PUD)
process to obtain approval for the garage. This regulatory hurdle significantly increased the design complexity and
required extensive coordination between the parking structure and the police precinct to ensure site functionality and
code compliance. The separate $500,000 fee reflects the AE design work required for the garage, as well as the added
SL effort to support the PUD process and its integration into the overall project. AE services include architecture, MEP
and FP, Structural, Parking Consultant, AV/IT/Security.
Net Zero Design $ - $ 68,0 00.00 $ 68,000.00 The original RFP did not identify Net Zero Energy as a project requirement, and no allowance was included in the base
contract. Since the Notice to Proceed, Net Zero has become a project target, significantly expanding the scope for
both the MEP and architectural teams. This includes advanced energy modeling, high-performance HVAC and
envelope strategies, integration of on-site renewables, and intensive cross-disciplinary coordination. The additional
fee reflects the unanticipated effort from MEP required to meet these newly established sustainability goals.
Holland & Knight (Zoning Attorney) $ - $ 150,000.00 $ 150,000.00 The original scope did not anticipate the need for a Planned Unit Development (PUD) process; however, zoning
development standards and zoning regulations prohibiting two principal structures on one lot require this approval to
build the parking garage. To navigate the complex regulatory process and streamline approvals, Holland & Knight were
brought on as legal counsel. The $150,000 fee reflects their specialized legal support in managing the PUD process,
coordinating with the Office of Planning and Zoning Commission, and ensuring compliance with all regulatory
requirements—services essential to efficiently advancing the project.
ECS - Phase 2 Study $ - $ 25,000.00 $ 25,000.00 Phase 2 Environmental Site Assessments (ESAs) are typically not included in base design fees, as most projects do
not advance beyond Phase 1 unless specific concerns are identified. In this case, findings from the initial Phase 1 ESA
indicated potential environmental conditions requiring further investigation. As a result, a Phase 2 study was
necessary to determine the presence of any contaminants that could impact design or construction. The additional
fee reflects the specialized testing, analysis, and reporting required to complete this critical due diligence step and
ensure regulatory compliance.
DGS - MPD 7D HQ & PARKING STRUCTURE
5/9/2025 5/28/2025
RE: AE Design - PCO 04
DGS Building Design to Budget Value 18,000,000.00 $ 50,000,000.00 $
VALUE OF
DESCRIPTION OF BASE SERVICES BASE CONTRACT REVISED FEE CHANGE ORDER 01 AE JUSTIFICATION OF INCREASE
ECS - Phase 2 Study (Added Services) $ - $ 9,985.00 $ 9,985.00 The initial Phase II sampling near the existing fuel station revealed elevated concentrations of volatile organic
compounds (VOCs), including 1,3-Butadiene and chloroform, which exceeded EPA industrial soil vapor screening
levels. These findings triggered the need for follow-up soil vapor sampling and additional analysis. The results
confirmed the presence of subsurface vapor intrusion risks within the proposed building footprint, prompting the
environmental consultant to recommend vapor mitigation measures for the new structure. This level of investigation
and response was unforeseen during project initiation and represents an unanticipated scope of work.
ECS - Geothermal Design and Testing $ - $ 75,000.00 $ 75,000.00 The original RFP did not include a requirement to pursue Net Zero Energy performance or integrate geothermal
systems into the building design. As a result, no allowance was made in the base contract for the specialized
geotechnical investigation and testing required to support a geothermal system. Once Net Zero became a target for
the project, the design team identified geothermal heating and cooling as a key strategy for achieving energy
performance goals. The additional fee covers this unanticipated scope of work, which is essential to the successful
implementation of the geothermal system and achievement of the project’s revised sustainability objectives.
ECS - Vapor Design $ - $ 1 1,000.00 $ 11,000.00 Please, see justification under Phase 2 Study above. The additional fee covers the expanded coordination efforts
required to ensure the future building meets health and safety standards.
Dry Utility $ - $ 40,300 .00 $ 40,300.00 The original RFP and associated attachments (A1 – Scope of Work and A2 – Technical Requirements) did not identify
dry utility coordination and design as part of the base A/E services. At the time of fee proposal, the extent of required
utility upgrades and relocations could not be fully defined, particularly given that the parking structure, expanded
program footprint, and associated site utility demands were not clearly established.
Dry Utility (Add Alternate) $ - $ 27,100.00 $ 27,100.00 Two critical components have been identified as potentially necessary to support the project: Temporary Power for
Construction (800A, 120/208V, 3-phase) (to support construction activities and specialized coordination with
PEPCO) and DDOT Public Streetlight Design. These services are not typically included in base A/E scopes unless
expressly required at the outset, and were therefore excluded from initial assumptions. Both services represent
forward-looking anticipatory work that is essential to maintain project momentum and avoid future delays. As such,
they are proposed as justified additional services outside the base Dry Utilities contract scope.
Arborist $ - $ 3,000. 00 $ 3,000.00 Arborist services were not included in the original RFP. As only a few trees were located within the property line such
services were not anticipated. Additionally, the PUD process—unforeseen at the time—requires arborist involvement.
As design progressed, it became clear that construction and utility work would impact trees in the public right-of-way
and building restriction zone. A certified arborist is now needed to assess impacted trees, provide documentation,
and support permitting per District regulations. This constitutes a justified additional service.
Archeology (Phase 1A) $ - $ 33,738.00 $ 33,738.00 Archaeological services were not identified or requested in the original RFP or its attachments.
Archeology (Phase 1B) $ - $ 10,000.00 $ 10,000.00 A Phase IB archaeological investigation fee is an additional service contingent on the findings and recommendations
of the initial Phase IA assessment. This fee anticipates any additional fieldwork, testing, and reporting, requiring
specialized archaeological expertise.
DGS - MPD 7D HQ & PARKING STRUCTURE
5/9/2025 5/28/2025
RE: AE Design - PCO 04
DGS Building Design to Budget Value 18,000,000.00 $ 50,000,000.00 $
VALUE OF
DESCRIPTION OF BASE SERVICES BASE CONTRACT REVISED FEE CHANGE ORDER 01 AE JUSTIFICATION OF INCREASE
Fuel Station Consultant $ - $ 37,000.00 $ 37,000.00 The original A/E scope assumed the existing on-site fuel station would remain in place and did not include services
related to its relocation or redesign. As the building footprint expanded (due to programmatic and area needs), it
became evident that the current fuel station location conflicted with the proposed site layout and could not be
retained. Due to the technical and regulatory complexity involved, a specialized fuel consultant is engaged to evaluate
options, support permitting strategy, and ensure compliance with applicable codes. Since this need emerged in
response to evolving program requirements and was not anticipated in the original A/E scope, it constitutes a justified
additional service.
Civil (Add Service) $ - $ 3,415.00 $ 3,415.00 The original scope of civil services did not include raze permitting support beyond the primary building. As the design
progressed and site planning evolved, it became necessary to include the demolition of the existing workshop
building as part of the overall demo / raze strategy.
Landscape PUD Phase $ - $ 18,773.00 $ 18,773.00 The original A/E scope did not anticipate the need for a Planned Unit Development (PUD), as the parking garage was
not defined in the early stages of the project. To support this newly mandated process, the landscape architect
(Bradley Site Design) was engaged for additional services specific to the PUD phase. This work is essential to
demonstrate high-quality public realm improvements, address zoning conditions, and contribute to the formal PUD
application package.
Landscape Alt Site Design (Parking Phase) $ - $ 34,633.00 $ 34,633.00 This service includes a separate effort initiated to explore alternative site layouts and address emerging planning
challenges that extend beyond the PUD requirements, specifically in response to the newly defined parking garage
constraints. These design efforts—by the landscape architect in collaboration with the architect and civil
engineer—were not part of the original scope and are necessary to inform a viable and efficient site strategy.
Permit Expeditor (Lot Conversion) $ - $ 5,000.00 $ 5,000.00 The original permit expediting scope assumed a standard permitting path and did not anticipate the need for lot
conversion services. SL is coordinating this effort on DGS's behalf including preparation of subdivision documents
and filings outside the original permitting strategy.
PUD Traffic $ - $ 40,000.0 0 $ 40,000.00 The original scope for traffic consulting did not include services related to a Planned Unit Development (PUD), which
only became necessary once it was confirmed that zoning regulations would require a PUD to allow the structured
parking garage on the site.
PUD Civil $ - $ 12,000.00 $ 12,000.00 The original scope for civil consulting did not include services related to a Planned Unit Development (PUD), which
only became necessary once it was confirmed that zoning regulations would require a PUD to allow the structured
parking garage on the site.
Contract Value 1,952,600.00 $ 4,978,944.00 $ 3,026,344.00 $

Attachment C
ID % Work
Complete
WBS Task Name Duration Predecessors Successors Start Finish
0 29% 0 MPD 7D Headquarters _ Design Schedule 1093 days Mon 9/16/24 Wed 11/22/28
1 51% 1 SCHEMATIC DESIGN PHASE (SD) 125 days Mon 9/16/24 Fri 3/7/25
2 100% 1.1 Schmatic Design Options 88 days Mon 9/16/24 Wed 1/15/25
3 100% 1.1.1 Bulding Blocking and Parking Structure Options 10 days 4 Mon 9/16/24 Fri 9/27/24
4 100% 1.1.2 Project Budget and Scope Confirmation 18 days 3 6,5 Mon 9/30/24 Wed 10/23/24
5 100% 1.1.3 Agreement on Scope and Fees to START DESIGN 20 days 4 9,10,15,16,17,60 Thu 10/24/24 Wed 11/20/24
6 100% 1.1.4 Space Needs Program Update 5 days 4 7,8 Thu 10/24/24 Wed 10/30/24
7 100% 1.1.5 Space Needs Program Confirmation 5 days 6 Fri 11/1/24 Thu 11/7/24
8 100% 1.1.6 Identify the Extent of Underground Feul Tank 10 days 6 9,10 Thu 10/31/24 Wed 11/13/24
9 100% 1.1.7 Bubble / Blocking Diagram Update 10 days 8,5 11 Thu 11/21/24 Wed 12/4/24
10 100% 1.1.8 Conceptual Massing, programmatic layout for site 10 days 8,5 11,18,19 Thu 11/21/24 Wed 12/4/24
11 100% 1.1.9 Schematic Design Options 20 days 10,9 13,22,20,21,12 Thu 12/5/24 Wed 1/1/25
12 100% 1.1.10 Internal Review and Refinement 10 days 11 24 Thu 1/2/25 Wed 1/15/25
13 100% 1.1.11 Schematic Design Technical Criteria 10 days 11 Thu 1/2/25 Wed 1/15/25
14 19% 1.2 Project Approvals (Include Additional Studies) 40 days Thu 11/21/24 Wed 1/15/25
15 75% 1.2.1 Geotechnical Statement of Work (SOW) 20 days 5 Thu 11/21/24 Wed 12/18/24
16 0% 1.2.2 GGBA (Greener Government Building Act - Net Zero) 30 days 5 Thu 11/21/24 Wed 1/1/25
17 25% 1.2.3 EISF (Environmental Impact Screening Form) Prep 30 days 5 Thu 11/21/24 Wed 1/1/25
18 0% 1.2.4 DDOT (District Department of Traffic) 18 days 10 Thu 12/5/24 Mon 12/30/24
19 0% 1.2.5 DOEE (Dept of Energy and Environment) 20 days 10 Thu 12/5/24 Wed 1/1/25
20 50% 1.2.6 Utilies - DC Water, Pepco, Washington Gas 10 days 11 Thu 1/2/25 Wed 1/15/25
21 25% 1.2.7 Record Lot Conversion 10 days 11 Thu 1/2/25 Wed 1/15/25
22 25% 1.2.8 LEED 4.0 (Silver) 10 days 11 Thu 1/2/25 Wed 1/15/25
23 12% 1.3 Schematic Design Completion 32 days 27,28,29,31 Thu 1/16/25 Fri 2/28/25
24 0% 1.3.1 Schematic Design Review and Refinement 25 days 12 25 Thu 1/16/25 Wed 2/19/25
25 100% 1.3.2 SD Design Document Completion 7 days 24 31 Thu 2/20/25 Fri 2/28/25
26 40% 1.4 Schematic Design Submissions 5 days Mon 3/3/25 Fri 3/7/25
27 0% 1.4.1 DOB PDRM (Preliminary Design Review Meetings) 5 days 23 Mon 3/3/25 Fri 3/7/25
28 0% 1.4.2 NCPC Preliminary Review (25-35%) Submission 5 days 23 Mon 3/3/25 Fri 3/7/25
29 100% 1.4.3 ANC (Advisory Neighborhood Commissions) Review 5 days 23 Mon 3/3/25 Fri 3/7/25
30 5% 2 DESIGN DEVELOPMENT PHASE (DD) 85 days Mon 3/3/25 Fri 6/27/25
31 13% 2.1 75% Design Development Drawings 50 days 23,25 36,34,32 Mon 3/3/25 Fri 5/9/25
32 0% 2.2 75% Design Development Review 5 days 31 Mon 5/12/25 Fri 5/16/25
33 0% 2.3 EISF (Environmental Impact Screening Form) Review 20 days 36 Mon 6/2/25 Fri 6/27/25
34 0% 2.4 NCPC Final Review 15 days 31,36 Mon 6/2/25 Fri 6/20/25
35 11% 2.5 CFA (Commission of Fine Arts) "Concept Review" 10 days Thu 5/1/25 Wed 5/14/25
36 0% 2.6 100% Design Development Drawings 15 days 31 37,41,33,34 Mon 5/12/25 Fri 5/30/25
37 0% 2.7 100% Design Development Review 15 days 36 39 Mon 6/2/25 Fri 6/20/25
38 0% 3 CONSTRUCTION DOCUMENTS PHASE (CD) 145 days Mon 6/2/25 Fri 12/19/25
39 0% 3.1 Furniture Drawings 20 days 37 40 Mon 6/23/25 Fri 7/18/25
40 0% 3.2 Submit 100% Furniture Package 1 day 39 Mon 7/21/25 Mon 7/21/25
41 0% 3.3 50% CD Drawings 36 days 36 42,43,48,46 Mon 6/2/25 Mon 7/21/25
42 0% 3.4 50% CD Cost Estimate 5 days 41 Tue 7/22/25 Mon 7/28/25
43 0% 3.5 90% CD Drawings 20 days 41 44,45,47 Tue 7/22/25 Mon 8/18/25
44 0% 3.6 90% CD Cost Estimate 8 days 43 Tue 8/19/25 Thu 8/28/25
45 0% 3.7 90% CD Drawings - Submission for Permit 4 days 43,46 Tue 8/19/25 Fri 8/22/25
46 0% 3.8 CFA (Commission of Fine Arts) "Final Review" 11 days 41 45 Tue 7/22/25 Tue 8/5/25
47 0% 3.9 99% CD Drawings 42 days 43 49,48 Tue 8/19/25 Wed 10/15/25
48 0% 3.10 Bidding Documents 2 days 41,47 49,50,53 Thu 10/16/25 Fri 10/17/25
49 0% 3.11 99% CD Cost Estimate 10 days 48,47 Mon 10/20/25 Fri 10/31/25
50 0% 3.12 99% CD Drawings - Submission to DOB 5 days 48 51 Mon 10/20/25 Fri 10/24/25
51 0% 3.13 DOB Review and Permit Issurance 40 days 50 55 Mon 10/27/25 Fri 12/19/25
52 0% 4 BIDDING AND NEGOTIATION PHASE (BD) 46 days Mon 10/20/25 Mon 12/22/25
53 0% 4.1 Bidding and Negotiation Process 46 days 48 55 Mon 10/20/25 Mon 12/22/25
54 0% 5 CONSTRUCTION ADMINISTRATION PHASE (CA) 762 days Tue 12/23/25 Wed 11/22/28
55 0% 5.1 Construction Start 5 days 53,51 56 Tue 12/23/25 Mon 12/29/25
56 0% 5.2 Construction in-progress 440 days 55 57 Tue 12/30/25 Mon 9/6/27
57 0% 5.3 Substantial Completion 10 days 56 58 Tue 9/7/27 Mon 9/20/27
58 0% 5.4 Certificate of Occupancy 5 days 57 59 Tue 9/21/27 Mon 9/27/27
59 0% 5.5 Final Completion 40 days 58 60 Tue 9/28/27 Mon 11/22/27
60 0% 5.6 Parking Garage Construction Administration 262 days 5,59 Tue 11/23/27 Wed 11/22/28
0
1.1.1 SL+DLR
1.1.2 MPD,DGS
1.1.3 MPD,DGS
1.1.4 SL+DLR
1.1.5 MPD,DGS
1.1.6 ECS
1.1.7 SL+DLR
1.1.8 SL+DLR
1.1.9 SL+DLR
1.1.10 SL+DLR
1.1.11 SL+DLR
1.2
1.2.1 ECS
1.2.2 SL+DLR,DGS
1.2.3 SL+DLR
1.2.4 SL+DLR
1.2.5 SL+DLR
1.2.6 SL+DLR
1.2.7 MPD,SL. DLR
1.2.8 DanTriman
1.3
1.3.1 DGS,MPD
1.3.2 SL+DLR
1.4
1.4.1 SL+DLR
1.4.2 SL. DLR,DGS
1.4.3 SL. DLR,DGS
2
2.2
2.3 MPD,SL. DLR
2.4 MPD,SL. DLR
2.5 DGS,SL+DLR
SL+DLR
2.7 MPD,DGS
3
3.1 SL+DLR
3.2 SL+DLR
SL+DLR
3.4 MGAC
SL+DLR
3.6 MGAC
3.7 SL+DLR
3.8 SL+DLR
SL+DLR
SL+DLR
3.11 GMAC
3.12 SL+DLR
3.13
4
5
August 2024 September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 March 2025 April 2025 May 2025 June 2025 July 2025 August 2025 September 2025 October 2025 November 2025 December 2025 January 2026 February 2026 March 2026 April 2026 May 2026 June 2026 July 2026 August 2026 September 2026 October 2026 November 2026 December 2026 January 2027 February 2027 March 2027 April 2027 May 2027 June 2027 July 2027 August 2027 September 2027 October 2027 November 2027 December 2027 January 2028 February 2028 March 2028 April 2028 May 2028 June 2028 July 2028 August 2028 September 2028 October 2028 November 2028 December 2028 January 2029
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress
Page 1
Project: MPD 7D Headquarters Date: Wed 4/30/25
Page 1 of 30
ARCHITECTURAL AND ENGINEERING SERVICES
FOR MPD 7TH DISTRICT HEADQUARTERS AND PARKING STRUCTURE
BY AND BETWEEN
THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
AND
SHINBERG LEVINAS ARCHITECTURAL DESIGN, INC.
CONTRACT NUMBER:
DCAM-22-AE-RFP-0001
Page 2 of 30
This AGREEMENT (“Agreement” or “Contract”), effective on the date of the last
signature of the Parties (“Effective Date”), is made by and between the DISTRICT OF
COLUMBIA GOVERNMENT, acting by and through its DEPARTMENT OF GENERAL
SERVICES (“District”, “DGS” or the “Department”) and SHINBERG LEVINAS
ARCHITECTURAL DESIGN, INC. (the “Architect/Engineer”, “A/E” or “Contractor”), duly
organized under the laws of the Virginia and with a place of business at 5101 Wisconsin Avenue
NW #310 Washington DC 20016 . The Department and the A/E are referred to herein as the
“Parties” or individually as the “Party”).
WITNESSETH:
WHEREAS, the Department issued a Request for Proposals (“RFP”) dated
December 7, 2022 for architectural/engineering services of the MPD 7th District Headquarters
located at 2455 Alabama Avenue SE, Washington, DC (the “Project”);
WHEREAS, The District of Columbia Metropolitan Police Department (MPD) is
committed to building a new facility and new parking structure by replacing the existing facility
and parking lot. The proposed improvements will serve growing operational needs and will align
with future MPD departmental needs. The new Headquarters wil l replace IT infrastructure,
building systems deficiencies, improve departmental space configuration, and increase energy
efficiency. The new parking structure will improve building security and will provide a safe
work environment and access control.
WHEREAS, the A/E submitted a proposal dated January 31, 2023 , in response to the
Department’s RFP to provide architectural and engineering services;
WHEREAS, the Department selected the A/E to provide all necessary design and
related services for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the A/E wishes to provide all of the design and related services necessary
for the Project pursuant to the terms and conditions set forth in this Agreement;
WHEREAS, the Department requires that the Project’s design be Substantially Complete
no later than October 5, 2025.
WHEREAS, the Department has retained the services of a Program Manager (the
“Program Manager” or “PM”) to advise it concerning the Project; and
WHEREAS, the Parties entered into a letter contract dated January 9 , 2024 (the “Letter
Contract”) pursuant to which the A/E was authorized to provide preliminary services in
furtherance of the Project.
Page 3 of 30
WHEREAS, The Department intends to implement the construction of the Project through a
design-bid-build delivery method. The Department will engage a general contractor based on the
completed construction documents.

NOW, THEREFORE, the Department and A/E, for the consideration set forth herein,
mutually agree as follows.

ARTICLE 1
GENERAL PROVISIONS

Section 1.1 The A/E shall be responsible for the professional quality, technical accuracy,
and the coordination of all studies, reports, recommendations, and other deliverables furnished
by the A/E for the Project under this Agreement. The A/E shall, without additional
compensation, correct or revise any non-conforming deliverables that are a result of errors,
omissions or both in its deliverables. The A/E shall perform its services consistent with the
professional skill and care ordinarily provided by architects and engineers practicing in the same
or similar locality under the same or similar circumstances. The A/E shall perform its services as
expeditiously as is consistent with such professional skill and care and the orderly progress of the
Project. The A/E shall review all laws, codes, and regulations applicable to the A/E's services. The
A/E shall respond to requirements imposed by governmental authorities having jurisdiction over
the Project.

Section 1.2 The A/E shall not engage in any activity, or accept any employment, interest
or contribution that would reasonably appear to compromise or conflict the A/E’s professional
judgment with respect to this Project.

Section 1.3 Relationships of Parties. The A/E accepts the relationship of trust and
confidence established with the Department by this Agreement, and contracts with the Department
to furnish the A/E’s reasonable skill and judgment and to cooperate with the Project Manager in
furthering the interests of the Department. The A/E shall use its best efforts to perform the required
services in an expeditious and economical manner consistent with the interests of the Department.
The Department shall endeavor to promote harmony and cooperation among the Department, A/E,
Project Manager, and other persons or entities employed by the Department for the Project.

Section 1.3.1 Project Manager. Project Managers (or “PM”) will be assigned to provide
certain project management functions. The Project Manager shall, at all times, act solely for the
benefit of the Department, not the A/E. Although day-to-day communications with the A/E shall
be routed through the Project Manager, only the individual(s) specified as Contracting
Officer(s) in Section 1.3.2 shall have the authority to alter the terms of this Contract. Thus, the
A/E hereby acknowledges and agrees that only a duly authorized Contracting Officer has
the authority to issue Change Orders, Contract Modifications or Change Directives on the
Department’s behalf. Without limiting the generality of the foregoing, it is understood and
agreed that the Project Manager shall not have the authority to alter or modify the terms of the
Contract, including but not limited to increasing the fee or the not-to-exceed amount established
under this Contract. The Project Manager for the Project under this Contract is:

Page 4 of 30

Jamil Hamilton (Contractor)
Project Manager – Capital Construction Services Division
Department of General Services
3924 Minnesota Avenue NE 5th Floor
Washington, DC 2019
Email: jamil.hamilton@dc.gov

Section 1.3.2 Contracting Officer(s). The Contracting Officer(s) (“CO(s)”) for this
Contract is/are:

James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20009
Email: james.marshall@dc.gov

Eric Njonjo
Deputy Chief Procurement Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20009
Email: eric.njonjo@dc.gov

Section 1.4 Project Description.

MPD desires to create a new 7th District Headquarters and Parking Structure located at 2455
Alabama Ave SE, Washington, DC 20020.

Section 1.5 All deliverables are subject to review and approval by the PM. The A/E shall
prepare, modify, and correct all such non-conforming deliverables in sufficient detail to obtain
final approval under the Contract.

Section 1.6 Neither the District’s review, approval or acceptance of, nor payment for, any
of the services required under this Contract shall be construed as a waiver of any rights under this
Contract or of any cause of action arising out of the performance of this Contract and the A/E shall
be and remain liable to the District in accordance with applicable law for all damages to the District
caused by the A/E's negligent performance of any of the services furnished under this Contract.

Section 1.7 The rights and remedies of the District provided for under this Contract is in
addition to any other rights and remedies provided by law.

Section 1.8 During the performance of work under this Contract, the A/E shall submit a
monthly progress report, completely and clearly stating the current status of the A/E's work under
this Contract. The proposed form of this report shall be submitted for review and approval prior to
the first invoice for partial payment.
Page 5 of 30

Section 1.9 During the performance of work under this Contract, the A/E shall take notes
and minutes of any meeting attended in connection with the Project, recording any decision
altering, expanding, or deleting any provision which may affect the contractual obligation, and
submit two (2) copies to the PM.

Section 1.10 Key Personnel. The following individuals shall be considered key personnel:
(i) Executive Architect (ii) Project Manager; (iii) Geotechnical Engineer; (iv) Traffic Engineer;
and (v) Permit Expeditor as identified in Exhibit H. The A/E will not be permitted to reassign
any of the key personnel unless the Department approves the proposed reassignment and the
proposed replacement. In the event that any of the key personnel become unavailable to work on
this Project for reasons beyo nd the control of the A/E or its principal c onsultants (i.e. due to
retirement, resignation, termination, etc.), the A/E shall propose a substitute for any such individual
and obtain the Department’s consent to such substitute.

Section 1.11 Schedule. A schedule for the Project is set forth in Exhibit F. The A/E shall
provide the services required hereunder in accordance with this schedule.

ARTICLE 2
SCOPE OF SERVICES

Section 2.1 The A/E shall perform the Scope of Work in accordance with the Scope of
Work (Exhibit A1) and Technical Requirements and Submittal Guide (Exhibit A2), Existing
Drawings (Exhibit A3), Facility Condition Assessment (Exhibit A4) the A/E’s Technical Exhibit B1
and Price Proposal (Exhibit B2).

Section 2.2 General Requirements. The work under this contract shall be performed
and documented in a professional manner.

2.2.1 The A/E shall coordinate all work through the Project Manager including but not
limited to all site surveys and other field investigations germane to the work.

2.2.2 The A/E shall check all drawings and specifications for accuracy and detailed
coordination. At the 100% submission, the A/E shall meet with all the appropriate
regulatory agencies to discuss and review the drawings with them for compliance, if
required. Upon complying with the aforementioned requirements, the A/E shall submit the
final documents for peer review by DGS.

2.2.3 A/E shall apply for and obtain a building permit from the Department of Buildings
(DOB), if required, prior to releasing the Final documents for bids. All costs associated
with the work of obtaining the permit shall be included in this proposal. The actual cost of
the permit is not to be included your proposal. The District may require the A/E to pay the
actual cost of the permit and the District will reimburse the same from the Owner’s
allowance specified in Section 3.5 upon submitting the paid invoice.

2.2.4 A/E shall validate and submit to DGS the general contractor’s final as-built drawings
both in hard copies and soft copies. The soft copies shall be in pdf and AutoCAD format.
Page 6 of 30
The District shall reserve the right to re-use the AutoCAD format drawing submitted. Two
(2) CD copies each of pdf and AutoCAD submittals shall be submitted to DGS. Two (2)
hard copies shall also be submitted.

2.2.5 The A/E may be held financially responsible for all errors and omissions resulting in
a deficient design or changes, including funds spent by the Department to correct the
documents or redesign and complete construction exercise.

Section 2.3 Meeting Minutes. The A/E shall be responsible for acting as recorder for all
meetings with the Government Agencies that he attends. The minutes shall clearly indicate the
meeting number and date, numbering of each issue discussed, including description of the issue,
who is responsible to address, by what date, and date completed. Minutes shall also record all
open items, and will note the schedule of the contract, how far through the contract we are
(including how far over schedule, if applicable), and the financial status of the contract and
payments and a list of open Change Orders and Requests for Information. Memorandum for the
Record of such meetings shall be typewritten and submitted to the Project Manager within five (5)
calendar days from the date of the meeting, for review and approval and for such distribution as
may be required. A/E compensation for performing these services shall be included as part of the
Title I Services, as applicable.

Section 2.4 Licensing, Accreditation and Registration. The A/E and all of its
subcontractors and sub-consultants (regardless of tier) shall comply with all applicable District of
Columbia, state, and federal licensing, accreditation, and registration requirements and standards
necessary for the performance of the contract. Without limiting the generality of the foregoing,
all drawings shall be signed and sealed by a professional architect or engineer licensed in the
District of Columbia.

ARTICLE 3
TYPE OF AGREEMENT, TERM OF AGREEMENT AND COMPENSATION

Section 3.1 Type of Agreement. This is a firm fixed price type of agreement.

Section 3.2 Term of Agreement. The term of this Agreement shall commence on the date
of execution of the Letter Contract and Notice to Proceed (“NTP”) by the Department, if
applicable, or on the Effective Date, as defined in this Agreement, and such term shall continue to
be in effect through the Substantial Completion Date, as achieved by the General Contractor.

Section 3.3 Administrative Term. The Agreement shall have an Administrative Term
that runs from the Substantial Completion Date through the earlier of the following: (i) the Final
Completion Date as achieved by the General Contractor; (ii) the date the A/E executes and submits
a Final release of Liens and Claims in the form and format required by the Contracting Officer.
The Administrative Term is established for the sole purpose of permitting the District’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 Project Schedule
or deliverable due dates; extend the Substantial Completion Date; extend the Final Completion
Date; and, limit the Department’s ability to assess liquidated damages thereon.

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Section 3.4 Deliverables. Title I services shall be completed by October 5, 2025.

Section 3.5 Value of Agreement. The value of this Agreement is $1,952,600 (“Design
Fee”). This amount includes the following components all in accordance with the A/E’s Technical
Proposal (Exhibit B1) and Price Proposals included as Exhibit B2:

Program of Requirements $98,700
Schematic Design $220,900
Design Development $410,900
Construction Documents $521,500
Bid Phase $68,500
Construction Administration $532,100
Maximum Reimbursable Allowance $100,000

Section 3.5.1 Not-to-Exceed (“NTE”) Amount. Notwithstanding Section 3.5 above, the
A/E will be paid an amount not to exceed $1,952,600 (“NTE Amount”) at this time. Such NTE
Amount includes an allowance for reimbursable expenses (”Reimbursable Allowance”) as
described in Section 3.6. In no event shall the A/E be paid more than this amount unless the A/E
is authorized to exceed this limit in advance and in writing by a DGS Contracting Officer. Any
future increases to the NTE Amount shall be authorized via a modification to this Agreement.

Section 3.6 Compensation for Reimbursable Expenses. Reimbursable expenses are
in addition to compensation for Design Phase Services and Construction Document Services and
include expenses incurred by the A/E and the A/E’s consultants directly related to the Project.
Reimbursable expenses shall include the following:

1. Permits;
2. Transportation and authorized out-of-town travel and subsistence, provided,
however, that local transportation costs (i.e. taxis, parking, etc.) shall not be
reimbursable;
3. Fees paid for securing approval of authorities having jurisdiction over the
Project;
4. Reproductions, plots, standard form documents;
5. Postage, handling and delivery;
6. Expense of overtime work requiring higher than regular rates, if authorized in
advance in writing by the Department, provided, however, that such expenses
shall only be reimbursable to the extent that they were caused by the failure of
the Department to act within timeframes agreed to by the Parties in advance and
in writing; and
7. Additional renderings, models, and mock-ups requested by the Department.

Section 3.7 Use of ProjectTeam. The A/E shall utilize the Department’s ProjectTeam
system to submit any and all documentation required to be provided by the Contractor for the
Project, including, but not limited to, (i) requests for information; (ii) submittals; (iii) meeting
minutes; (iv) proposed Changes; (v) certified payrolls (and at DGS’ option to upload via DOES
LCP Tracker software which the District will make available to the Contractor); (vi) Drawings and
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Specifications; (vii) punch list; (viii) invoices/applications for payment (full package including all
forms required by DGS); and (ix) other documents as may be designated by the Department.
Section 3.7.1 Invoice Submittal. The A/E shall create and submit payment requests in an
electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. The A/E shall submit
proper invoices on a monthly basis. To constitute a proper invoice, the A/E shall enter all required
information into the Portal after selecting the applicable purchase order number which is listed on
the A/E’s profile.
Section 3.8 Payment Disputes. Disputes or questions regarding a portion of an invoice
shall not be cause for withholding payment for the remaining portion of the invoice. Time is of
the essence in the performance of the A/E’s obligations under this Agreement.
ARTICLE 4
INSURANCE
Section 4.1 General Requirements. For purposes of Article 4, the term Contractor shall mean
the A/E.
Section 4.1.1 The Contractor at its sole expense shall procure and maintain, during the entire
period of performance under this contract, the types 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 to commencing performance under this
contract. In no event shall any work be performed until the required Certificates of Insurance
signed by an authorized representative of the insurer(s) have been provided to, and accepted by,
the CO. All insurance shall be written with financially responsible companies authorized to do
business in the District of Columbia or in the jurisdiction where the work is to be performed and
have an A.M. Best Company rating of A- / VII or higher. Should the 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 submit in writing the name and brief description of work to be
performed by the subcontractor on the Subcontractors Insurance Requirement Template provided
by the CA, to the Office of Risk Management (ORM). ORM will determine the insurance
requirements applicable to the subcontractor and promptly deliver such requirements in writing to
the Contractor and 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 subcontractor without requesting from ORM specific insurance requirements for the
subcontractor, such subcontractor shall have the same insurance requirements as the Contractor.
Section 4.1.2 All required policies shall contain a waiver of subrogation provision in favor
of the Government of the District of Columbia.
Section 4.1.3 The Government of the District of Columbia shall be included in all policies
required hereunder to be maintained by the Contractor and its subcontractors (except for
workers’ compensation and professional liability insurance) as an additional insureds for claims
against The Government of the District of Columbia relating to this contract, with the
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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 status under the Contractor’s and its subcontractors’ Commercial General
Liability insurance policies shall be effected using the ISO Additional Insured Endorsement
form CG 20 10 11 85 (or CG 20 10 07 04 and CG 20 37 07 04) or such other endorsement
or combination of endorsements providing coverage at least as broad and approved by the
CO in writing. All of the Contractor’s and its subcontractors’ liability policies (except for
workers’ compensation and professional liability insurance) shall be endorsed using ISO
form CG 20 01 04 13 or its equivalent so as to indicate that such policies provide primary
coverage (without any right of contribution by any other insurance, reinsurance or self-
insurance, including any deductible or retention, maintained by an Additional Insured) for
all claims against the additional insured arising out of the performance of this Statement
of Work by the Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds clause
applicable to the additional insured.

Section 4.1.4 If the Contractor and/or its subcontractors maintain broader coverage and/or
higher limits than the minimums shown below, the District requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Grantee and subcontractors.

Section 4.2 Commercial General Liability Insurance (“CGL”). The Contractor shall
provide evidence satisfactory to the CO with respect to the services performed that it carries a CGL
policy, written on an occurrence (not claims-made) basis, on Insurance Services Office, Inc.
(“ISO”) form CG 00 01 04 13 (or another occurrence-based form with coverage at least as broad
and approved by the CO in writing), covering liability for all ongoing and completed operations
of the Contractor, including ongoing and completed operations under all subcontracts, and
covering claims for bodily injury, including without limitation sickness, disease or death of any
persons, injury to or destruction of property, including loss of use resulting therefrom, personal
and advertising injury, and including coverage for liability arising out of an Insured Contract
(including the tort liability of another assumed in a contract) and acts of terrorism (whether caused by
a foreign or domestic source). Such coverage shall have limits of liability of not less than $1,000,000
each occurrence, a $2,000,000 general aggregate (including a per location or per project aggregate
limit endorsement, if applicable) limit, a $1,000,000 personal and advertising injury limit, and a
$2,000,000 products-completed operations aggregate.

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

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

Section 4.3 Automobile Liability Insurance. The Contractor shall provide evidence
satisfactory to the CO of commercial (business) automobile liability insurance written on ISO
form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO in
writing) including coverage for all owned, hired, borrowed and non-owned vehicles and equipment
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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.

Section 4.4 Workers’ Compensation Insurance. The Contractor shall provide evidence
satisfactory to the CO of Workers’ Compensation insurance in accordance with the statutory
mandates of the District of Columbia or the jurisdiction in which the contract is performed.

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

All insurance required by this paragraph 3 shall include a waiver of subrogation endorsement for
the benefit of Government of the District of Columbia.

Section 4.5 Cyber Liability Insurance. The Contractor shall provide evidence
satisfactory to the Contracting Officer of Cyber Liability Insurance, with limits not less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall
include, but not limited to, claims involving infringement of intellectual property, including but
not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private
information, alteration of electronic information, extortion and network security. The policy shall
provide coverage for breach response costs as well as regulatory fines and penalties as well as
credit monitoring expenses with limits sufficient to respond to these obligations. Limits may not
be shared with other lines of coverage. A copy of the cyber liability policy must be submitted to
the Office of Risk Management (ORM) for compliance review.

Section 4.6 Professional Liability Insurance (Errors & Omissions) - The Contractor
shall provide Professional Liability Insurance (Errors and Omissions) to cover liability resulting
from any error or omission in the performance of professional services under this Contract. The
policy shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the Government of
the District of Columbia and that continuous coverage will be maintained or an extended reporting
period will be exercised for a period of at least ten years after the completion of the professional
services. Limits may not be shared with other lines of coverage.

Section 4.7 Commercial Umbrella or Excess Liability - The Contractor shall provide
evidence satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s umbrella or excess
liability policy or (ii) $5,000,000 per occurrence and $5,000,000 in the annual aggregate, following
the form and in excess of all liability policies. All liability coverages must be scheduled under the
umbrella and/or excess policy. The insurance required under this paragraph shall be written in a
form that annually reinstates all required limits. Coverage shall be primary to any insurance, self-
insurance or reinsurance maintained by the District and the “other insurance” provision must be
amended in accordance with this requirement and principles of vertical exhaustion.
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Section 4.9 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.

Section 4.10 DURATION. The Contractor shall carry all required insurance until all
contract work is accepted by the District of Columbia and shall carry listed coverages for ten years
for construction projects following final acceptance of the work performed under this contract and
two years for non-construction related contracts.

Section 4.11 LIABILITIES. These are the required minimum insurance requirements
established by the District of Columbia. HOWEVER, THE REQUIRED MINIMUM
INSURANCE REQUIREMENTS PROVIDED ABOVE WILL NOT IN ANY WAY LIMIT
THE CONTRACTOR’S LIABILITY UNDER THIS CONTRACT.

Section 4.12 CONTRACTOR (A/E)’S PROPERTY. Contractor and subcontractors
are solely responsible for any loss or damage to their personal property, including but not limited
to tools and equipment, scaffolding and temporary structures, rented machinery, or owned and
leased equipment. A waiver of subrogation shall apply in favor of the District of Columbia.

Section 4.13 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 the
costs of insurance and bonds in the contract price.

Section 4.14 NOTIFICATIONS. The Contractor shall ensure that all policies provide
that the CO shall be given thirty (30) days prior written notice in the event of coverage and / or
limit changes or if the policy is canceled prior to the expiration date shown on the certificate. The
Contractor shall provide the CO with ten (10) days prior written notice in the event of non-payment
of premium. The Contractor will also provide the CO with an updated Certificate of Insurance
should its insurance coverages renew during the contract.

Section 4.15 CERTIFICATES OF INSURANCE. The Contractor shall submit
certificates of insurance giving evidence of the required coverage as specified in this section prior
to commencing work. Certificates of insurance must reference the corresponding contract number.
Evidence of insurance shall be submitted electronically to james.marshall@dc.gov
:
The CO may request and the Contractor shall promptly deliver updated certificates of insurance,
endorsements indicating the required coverages, and/or certified copies of the insurance policies.
If the insurance initially obtained by the Contractor expires prior to completion of the contract,
renewal certificates of insurance and additional insured and other endorsements shall be furnished
to the CO prior to the 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).

Section 4.16 DISCLOSURES OF INFORMATION. The Contractor agrees that the
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District may disclose the name and contact information of its insurers to any third party which
presents a claim against the District for any damages or claims resulting from or arising out of
work performed by the Contractor, its agents, employees, servants or subcontractors in the
performance of this contract.

Section 4.17 CARRIER RATINGS. All Contractors’ and its subcontractors’
insurance required in connection with this contract shall be written by insurance companies with
an A.M. Best Insurance Guide rating of at least A- VII (or the equivalent by any other rating
agency) and licensed in the in the District.

ARTICLE 5
OWNERSHIP OF DOCUMENTS

Section 5.1 Ownership of Documents. Regardless of whether the Project is completed,
any design documents, specifications, reports, studies, and other work prepared by the A/E and the
A/E’s subconsultants engaged by the A/E, and all other documents created in association with the
Project shall become the sole property of the Department upon full payment of A/E’s fees then
due under this Agreement, and shall not to be used by the A/E its sub-consultants on other projects,
or for additions to this Project outside the Scope of Work, without the specific written consent of
the Department. However, the Department expressly acknowledges and agrees that the documents
to be provided by the A/E under this Agreement may contain design details, features and concepts
including some from the A/E’s library, which collectively form part of the design for the project,
but which separately are and shall remain the sole and exclusive property of the AA/E. These
details are repetitive in nature, not Project specific, function rather than form-oriented, and were
not developed for or identifiable with the Project. Nothing herein shall be construed as a limitation
on the A/E’s absolute right to re-use such component design details, features and concepts on other
projects, in other contexts or for other clients.

The Department shall be under no obligation to account to the A/E for any profits obtained by the
Department as a result of the Project, or the use of such drawings, specifications and other
documents in connection with the Project. In the event that the Agreement is terminated prior to
completion of the Project or the A/E is unable to complete this Project for any reason, the
Department shall have the right to use without the A/E’s consent, and the A/E shall deliver to the
Department and/or its designee within two (2) calendar days after such termination or inability, all
such drawings, specifications and other documents as well as design concepts and details in
connection with the Project or necessary for the Department’s completion of this Project (including
subsequent phases thereof), so long as the Department has paid the A/E all fees then owed to
the A/E under this Agreement. The Department’s rights hereunder shall extend to its successors
and assigns and the A/E’s obligation to deliver such drawings, specifications, and documents.
Any use of the documents without the A/E or the A/E’s consultants’ involvement shall be at the
Department’s sole risk and without liability to the A/E or the A/E’s consultants. Unless
Department fails hereunder to pay A/E therefor, the Department shall be deemed the owner of such
drawings, specifications, and other documents and shall have and retain all rights therein. In the
event Department is adjudged to have failed hereunder to pay A/E for such drawings,
specifications or other documents, ownership thereof, and all rights therein, shall revert to the A/E.
This provision shall survive termination of this Agreement.

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ARTICLE 6
CLAIMS AND DISPUTES

Section 6.1 All claims or disputes arising out of or under this Agreement shall be governed
by the terms of the Standard Contract Provisions, Article 9 as specified in Exhibit G.

ARTICLE 7
ECONOMIC INCLUSION PROVISIONS

Section 7.1 CBE Utilization

Section 7.1.1 If the A/E subcontracts any part of its work under this Agreement, the A/E
shall subcontract at least 35% of the dollar volume to certified small business enterprises;
provided, however, that the costs of materials, goods and supplies shall not be counted towards the
35% subcontracting requirements unless such materials, goods and supplies are purchased from
the certified small business enterprises.

Section 7.2 Mandatory Subcontracting Plan and Requirements. The mandatory
subcontracting requirements are as follows:

(a) Unless the Director of the Department of Small and Local Business
Development (DSLBD) has approved a waiver in writing in accordance with
D.C. Official Code § 2-218.51, for all contracts in excess of $250,000, at least
35% of the dollar volume of the contract shall be subcontracted to qualified
small business enterprises (SBEs).
(b) If there are insufficient SBEs to completely fulfill the requirement of paragraph
(a), then the subcontracting may be satisfied by subcontracting 35% of the
dollar volume to any qualified certified business enterprises (CBEs); provided,
however, that all reasonable efforts shall be made to ensure that SBEs are
significant participants in the overall subcontracting work.
(c) 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 (a) and (b) above.
(d) Except as provided in (e) and (f) below, a prime contractor that is a CBE and
has been granted a bid preference pursuant to D.C. Official Code § 2-218.43,
or is selected through a set-aside program, shall perform at least 35% of the
contracting effort with its own organization and resources and, if it
subcontracts, 35% of the subcontracting effort shall be with CBEs. A CBE
prime contractor that performs less than 35% of the contracting effort shall be
subject to enforcement actions under D.C. Official Code § 2-218.63.
(e) 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
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through a set-aside program, shall perform at least 50% of the contracting effort
with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A certified joint venture prime
contractor that performs less than 50% of the contracting effort shall be subject
to enforcement actions under D.C. Official Code § 2-218.63.
(f) Each CBE utilized to meet these subcontracting requirements shall perform at
least 35% of its contracting effort with its own organization and resources.
(g) 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 7.3 Subcontracting Plan.

The A/E’s Subcontracting Plan is provided in Exhibit J. The plan shall only be amended
with the prior written approval of the CO and Director of DSLBD. Any reduction in the dollar
volume of the subcontracted portion resulting from an amendment of the plan shall inure to the
benefit of the District.

Section 7.4 Copies of Subcontracts. Within twenty-one (21) days of the date of award,
the Contractor shall provide fully executed copies of all subcontracts identified in the
subcontracting plan (Exhibit J) to the Contracting Officer (CO), City Administrator (CA), District
of Columbia Auditor and the Director of DSLBD.

Section 7.5 Subcontracting Plan Compliance Reporting. If the A/E has a subcontracting
plan required by law for this Contract, the A/E shall submit a quarterly report to the CO, City
Administrator (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 7.6 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 7.7 Annual Meetings. Upon at least 30-days written notice provided by DSLBD,
the Contractor 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 7.8 DSLBD Notices. The A/E shall provide written notice to the DSLBD and the
District of Columbia Auditor upon commencement of the Agreement and when the Agreement is
completed.

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Section 7.9 Enforcement and Penalties for Breach of Subcontracting Plan.

Section 7.9.1 The A/E shall be deemed to have breached a subcontracting plan required by
law, if the A/E (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 7.9.2 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 7.9.3 If the CO determines the A/E’s failure to be a material breach of the
Contract, the CO shall have cause to terminate the Contract for default pursuant to the terms set
forth in the Standard Contract Provisions Article 8, Default.

Section 7.9.4 Neither the A/E nor its subconsultant 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 A/E 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 7.10 Equal Employment Opportunity and Hiring of District Residents
Section 7.10.1 The A/E shall comply with applicable laws, regulations and special
requirements of the contract documents regarding equal employment opportunity and
affirmative action programs. In accordance with the District of Columbia Administrative
Issuance System, Mayor’s Order 85-85 dated June 10, 1985, the forms for completion of
the equal Employment Opportunity Information Report are incorporated herein as Exhibit I. A
contract award cannot be made to any contractor that has not satisfied the equal employment
requirements.

Section 7.10.2 The A/E shall ensure that at least fifty-one percent (51%) of the A/E’s
team and every subconsultants and subcontractor’s employees hired after the effective date of
the Agreement, or after such subconsultant or subcontractor enters into a contract with the A/E,
to work on the Project shall be residents of the District of Columbia. This percentage shall be
applied in the aggregate, and not trade by trade. In addition, the A/E shall use commercially
reasonable best efforts to comply with the workforce percentage goals established by the
recently adopted amendments to the First Source Employment Agreement Act of 1984 (D.C.
Code §§ 2-219.01 et seq.) and any implementing regulations, including, but not limited to the
following requirements:

(i) At least 20% of journey worker hours by trade shall be performed by District
residents;
(ii) At least 60% of apprentice hours by trade shall be performed by District
residents;
(iii)At least 51% of the skilled laborer hours by trade shall be performed by
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District residents; and
(iv) At least 70% of common laborer hours shall be performed by District residents.
Section 7.10.3 Thirty five percent (35%) of all apprentice hours worked on the Project
shall be worked by District residents.
Section 7.11 Economic Inclusion Reporting Requirements
Section 7.11.1 Upon execution of the Agreement, the A/E and all its member firms, if
any, and each of its Subcontractors shall submit to the Department a list of current employees
and apprentices that will be assigned to the Agreement, the date they were hired and whether or
not they live in the District of Columbia.
Section 7.11.2 The A/E and its constituent entities shall comply with subchapter X of
Chapter II Title 2, and subchapter II of Chapter 11 of Title 1 of the D.C. Code, and all successor
acts thereto and the rules and regulations promulgated thereunder. The A/E 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 7.11.3 The A/E shall maintain detailed records relating to the general hiring
of District of Columbia and community residents.
Section 7.11.4 The A/E shall be responsible for: (i) including the provisions of this
Section 7.11 in all subcontracts; (ii) collecting the information required in this Section 7.11 from
its Subcontractors; and (iii) providing the information collected from its Subcontractors in any
reports required to be submitted by the A/E pursuant to this Section 7.11.
Section 7.11.5 Service Contract Act Provision. The A/E agrees that the work performed
under this Agreement shall be subject to the Service Contract Act Wage Determination in effect
on the date this Agreement is effective. Service Contract Wage Schedules are available at
wdol.gov, Exhibit E. Notwithstanding the terms of the Standard Contract Provisions, the Davis-
Bacon Act is not applicable to this Agreement.
Section 7.11.6 Living Wage Act. In addition to the requirements set forth in the First
Source Employment Agreement, the A/E shall comply with all applicable provisions of the
Living Wage Act of 2006, Exhibit C, as amended (codified at D.C. Official Code §§ 2-220.01
et seq.) and its implementing regulations.
Section 7.11.7 Apprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2-156,
(as amended, the Act) as amended shall apply to this Project. All subcontractors selected to
perform work on the Project on a craft-by-craft basis shall be required to comply with the Act. All
terms and conditions of the D.C. Apprenticeship Council Rules and Regulations shall be
implemented. The Contractor shall be liable for any subcontractor non-compliance.
Page 17 of 30

ARTICLE 8
MISCELLANEOUS PROVISIONS

Section 8.1 Conformance with Laws. It shall be the responsibility of the A/E to
perform under the Contract in conformance with the Department’s Procurement Regulations and
all applicable District and federal statutes, laws, codes, ordinances, regulations, rules,
requirements, orders, and policies of governmental bodies. This Agreement shall be governed by
the laws of the District of Columbia.

Section 8.2 The Department and A/E, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns of such other party with respect to all covenants of this Agreement.
The A/E shall not assign this Agreement without the written consent of the Department.

Section 8.3 Nothing contained in this Agreement shall create a contractual relationship
with or a cause of action in favor of a third party against either the Department or AA/E.

Section 8.4 Unless otherwise required in this Agreement, the A/E shall have no
responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons
to, hazardous materials or toxic substances in any form at a Project site.

Section 8.5 The A/E shall have the right to include photographic or artistic
representations of the Project among the A/E’s promotional and professional materials. If
applicable, the A/E shall be given reasonable access to the completed Project to make such
representations. However, the A/E’s materials shall not include the Department’s confidential or
proprietary information if the Department has previously advised the A/E in writing of the specific
information considered by the Department to be confidential or proprietary. The Department shall
provide professional credit for the A/E in the Department’s promotional materials for the Project.

Section 8.6 In accordance with Section 8.10 below, if the A/E or Department receives
information specifically designated by the other party as “confidential” or “business proprietary,”
the receiving party shall keep such information strictly confidential and shall not disclose it to any
other person except to (1) its employees, (2) those who need to know the content of such
information in order to perform services or construction solely and exclusively for the Project, or
(3) its consultants and contractors whose contracts include similar restrictions on the use of
confidential information.

Section 8.7 The A/E agrees to indemnify and hold the Department, the Department’s
Representative and the Department’s officers, agents and employees harmless from and against all
claims, liabilities, demands, losses, damages, judgments, costs, or expenses, including reasonable
attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are
caused by the negligent acts or omissions of the A/E, its employees and its consultants in the
performance of professional services pursuant to this Agreement.

Section 8.8 The A/E agrees to indemnify and hold the Department and the Department’s
Representative harmless from and against any and all claims, liabilities, demands, losses, damages,
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costs, or expenses arising from the A/E’s failure to perform its obligations pursuant to agreements
with third parties, including, but not limited to, subconsultants, made in order to provide the
services required of the A/E under this Agreement.

Section 8.9 The A/E shall pay for and defend all such suits or claims arising out of the
Work for infringement of any patent rights or copyrights and hold the Department and
Department’s Representative harmless from loss on account thereof.

Section 8.10 Confidentiality. The A/E shall maintain the confidentiality of information
specifically designated as confidential by the Department, unless withholding such information
would violate the law, create the risk of significant harm to the public or prevent the A/E from
establishing a claim or defense in an adjudicatory proceeding. The A/E shall require of the A/E’s
consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the Department.

Section 8.11 Extent of Agreement. This Agreement, which includes the terms set forth
in the RFP, the Exhibits hereto, and other documents incorporated herein by reference, represents
the entire and integrated agreement between the Department and the A/E and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Department’s CO and the A/E.

Section 8.12 Non-Discrimination in Employment Provisions

Section 8.12.1 The A/E 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:

Section 8.12.1.1 Employment, upgrading, or transfer;
Section 8.12.1.2 Recruitment or recruitment advertising;
Section 8.12.1.3 Demotion, layoff, or termination;
Section 8.12.1.4 Rates of pay, or other forms of compensation; and

Section 8.12.1.5 Selection for training and apprenticeship.

Section 8.12.2 Unless otherwise permitted by law and directed by the Department, the A/E 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.

Section 8.12.3 The A/E shall, in all solicitations or advertisements for employees placed
by or on behalf of the A/E; state that all qualified applicants will receive consideration for
employment pursuant to the non-discrimination requirements set forth in this Section.
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Section 8.12.4 The A/E 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 A/E's
commitments under this Section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.

Section 8.12.5 The A/E 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.

Section 8.12.6 The A/E shall include in every subcontract the equal opportunity clauses of
this Section so that such provisions shall be binding upon each Sub A/E or vendor.

Section 8.12.7 The A/E shall take such action with respect to any Sub A/E as the CO may
direct as a means of enforcing these provisions, including sanctions for non-compliance.

Section 8.13 False Claims Act. A/E shall be governed by all laws and regulations
prohibiting false or fraudulent statements and claims made to the government, including the
prescriptions set forth in District of Columbia Official Code §§ 2-308.14 and 22-2405.

Section 8.14 Interpretation of Contract. All of the documents comprising the Contract
should be read as complementary, so that what is called for by one is called for by all. Ambiguities
should be construed in favor of a broader scope of work for the A/E, as the intent of the Contract
is, with specific identified exceptions, to require the A/E to assume entire responsibility for
construction of the Project. If there is any inconsistency among the documents comprising the
Contract, the order of precedence among them is as follows, with the first listed document having
the highest priority: this Agreement and its Exhibits, the General Conditions, and the Construction
Documents released by the Department. Any Change Order issued and executed by the
Department shall supersede those portions of earlier dated contract documents to which it pertains.

Section 8.15 Independent Contractor. In carrying out all its obligations under the
Contract, the A/E shall be acting as an independent Contractor, and not as an employee or agent
of the Department, or joint venture or partner with the Department. The A/E 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 Project safety.

Section 8.16 Terms in this Agreement shall have the same meaning as construed under
District law.

Section 8.17 Confidential Information. In the course of the A/E's performance of the
Work, the Department may make available to the A/E information that the Department designates
as trade secrets or other confidential engineering, technical and business information. As long as,
and to the extent that, such information remains confidential and available to others only with the
consent of the Department, or is not generally available to the public from other sources, the A/E
shall maintain such information in strict confidence and shall not disclose any such information to
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others (including its employees or Subcontractors), except to the extent necessary to enable the
A/E to carry out the Project. The A/E shall similarly obligate any and all persons to whom such
information is necessarily disclosed to maintain the information in strict confidence. The A/E
agrees that, in the event of any breach of this confidentiality obligation, the Department shall be
entitled to equitable relief, including injunctive relief or specific performance, in addition to all
other rights or remedies otherwise available.

Section 8.18 No Third-Party Beneficiary Rights. Nothing in this Agreement shall be
construed as creating third-party beneficiary rights in any person or entity, except as otherwise
expressly provided in this Agreement.

Section 8.19 Media Releases. Neither the A/E, its employees, agents or Subcontractors
or material suppliers shall make any press release or similar media release related to the Project
unless such press release have been discussed with the Department prior to its issuance.

Section 8.20 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 8.21 Notices. All notices or communications required or permitted under the
Contract shall be in writing and shall be hand delivered or sent by tele-copier 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 tele-copier, on
confirmation of successful transmission, and if sent by recognized overnight carrier, the next
business day.
If to the Department:
James H. Marshall
Contracting Officer
Department of General Services
3924 Minnesota Avenue NE
Washington, DC 20019

If to the A/E:

Salo Levinas
President
Shinberg Levinas Architectural Design, Inc.
5101 Wisconsin Avenue NW #310
Washington, DC 20016

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

Section 8.22 Limitations. The A/E agrees that any statute of limitations applicable to
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any claim or suit by the Department arising from this Contract or its breach shall not begin to run,
or shall be deemed to be tolled, until Final Completion or, with respect to latent defects or
nonconformities, such later time as the Department knew or should have known of the defect or
nonconformity.
Section 8.23 Binding Effect; Assignment. The Contract shall inure to the benefit of,
and be binding upon and enforceable by, the parties and their respective successors and permitted
assigns. The A/E acknowledges that, in entering into the Contract, the Department is relying on
the particular qualifications of the A/E, and the A/E therefore shall not delegate or assign any of
its duties or obligations under the Contract, except in accordance with the Contract's provisions
relating to subcontracting, or pursuant to the Department's prior written consent. The A/E shall
not assign its rights under the Contract, including the right to all or a portion of its compensation,
without the Department's prior written consent. Any delegation or assignment made contrary to
the provisions of this Paragraph shall be null and void.
Section 8.24 Survival. All agreements warranties, and representations of the A/E
contained in the Contract or in any certificate or document furnished pursuant to the Contract shall
survive termination or expiration of the Contract.
Section 8.25 No Waiver. If the Department waives any power, right, or remedy arising
from the Contract or any applicable law, the waiver shall not be deemed to be a waiver of the
power, right, or remedy on the later recurrence of any similar events. No act, delay, or course of
conduct by the Department shall be deemed to constitute the Department's waiver, which may be
effected only by an express written waiver signed by the Department.
Section 8.26 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 Department may have, including, without limitation, at law or in equity. The
Department's rights and remedies will be exercised at its sole discretion, and shall not be regarded
as conferring any obligation on the Department's to exercise those rights or remedies for the benefit
of the A/E or any other person or entity.
Section 8.27 Headings/Captions. The headings or captions used in this Agreement or
its table of contents are for convenience only and shall not be deemed to constitute a part of the
Contract, nor shall they be used in interpreting the Contract.
Section 8.28 The Quick Payment Act
Section 8.28.1 Interest Penalties to Contractors
Section 8.28.1.1 The District will pay interest penalties on amounts due to the A/E 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;
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b) the 5th day after the required payment date for an agricultural commodity; or
c) the 15th day after the required payment date for any other item.

Section 8.28.1.2 Any amount of an interest penalty which remains unpaid at the end
of any 30-day period shall be added to the principal amount of the debt and thereafter interest
penalties shall accrue on the added amount.

Section 8.28.2 Payments to subcontractors

Section 8.28.2.1 The A/E must take one of the following actions within seven (7) days of
receipt of any amount paid to the A/E by the District for work performed by any subcontractor
under this Agreement:

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

b) Notify the District and the subcontractor, in writing, of the A/E’s intention to
withhold all or part of the subcontractor’s payment and state the reason for the nonpayment.

Section 8.28.2.2 The A/E must pay any subcontractor or supplier interest penalties on
amounts due to the subcontractor or supplier beginning on the day after the payment is due and
ending on the date on which the payment is made. Interest shall be calculated at the rate of 1%
per month. No interest penalty shall be paid on the following if payment for the completed
delivery of the item of property or service is made on or before:

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

Section 8.28.2.3 Any amount of an interest penalty which remains unpaid by the A/E 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 8.28.2.4 A dispute between the A/E and subcontractor relating to the amounts
or entitlement of a subcontractor to a payment or a late payment interest penalty under the Quick
Payment Act does not constitute a dispute to which the District of Columbia is a party. The
District of Columbia may not be interpleaded in any judicial or administrative proceeding
involving such a dispute.

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Section 8.28.3 Subcontract flow-down requirements

Section 8.28.3.1 The A/E 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 8.28.4 Requirements for Change Order Payments

Section 8.28.4.1 The Department and the A/E are prohibited from requiring a prime
contractor (the A/E in this Agreement) or a subcontractor to undertake any work that is
determined to be beyond the original scope of the prime contractor's or a subcontractor's
contract or subcontract, including work under a District-issued change order, when the
additional work increases the contract price beyond the not-to-exceed price or negotiated
maximum price of the underlying contract, unless the CO:

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

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

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

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

Section 8.28.4.2 The A/E 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 CO; and

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Section 8.28.4.3 The Department, A/E, 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 8.29 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 unless made in writing signed
by both the Department and the A/E, unless otherwise expressly provided to the contrary in the
Contract.

Section 8.30 Severability. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement,
and in lieu of each such invalid, illegal or unenforceable provision, there shall be added
automatically as a part of this Agreement a provision as similar in terms to such invalid, illegal or
unenforceable provision as may be possible and be valid, legal and enforceable; each part of this
Agreement is intended to be severable.

ARTICLE 9
GOVERNMENTAL PROVISIONS

Section 9.1 Buy American Act Provision. The A/E shall not design or specify a
proprietary product that does not comply with the provisions of the Buy American Act (41 U.S.C.
§ 10a). The Trade Agreements Act and the North American Free Trade Agreement (NAFTA)
provide that designated country (as defined in FAR 25.401) and NAFTA country construction
materials are exempted from application of the Buy American Act and are therefore acceptable
hereunder.

Section 9.1.1 In accordance with the Buy American Act (41 U.S.C. § 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 A/E agrees that
only domestic construction material will be specified in the performance of the Agreement, except
for non-domestic material listed in the Agreement.

“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.

“Domestic end product”, as used in this section, means, (1) an unmanufactured end product
mined or produced in the United States, or (2) an end product manufactured in the United
States, if the cost of its components mined, produced, or manufactured in the United States,
exceeds 50 percent of the cost of all its components.

Components of foreign origin of the same class or kind as the products shall be treated as
domestic. Scrap generated, collected, and prepared for processing in the Unites States is
considered domestic.
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“End Products”, as used in this Section, means those articles, materials, and supplies to be
acquired for public use under this Contract.
The A/E shall specify only domestic end products, except those:
i. For use outside the United States;
ii. That the District determines are not mined, produced, or manufactured in the
Unites States in sufficient and reasonably available commercial quantities of a
satisfactory quality;
iii. For which the District determines that domestic preference would be inconsistent
with the public interest; or
iv. For which the District determines the cost to be unreasonable.
Section 9.1.2 Domestic Construction Material. “Construction material” means
any article, material or supply brought to the construction site for incorporation in the
building or work. An unmanufactured construction material is a “domestic construction
material” if it has been mined or produced in the United States. A manufactured
construction material is a “domestic construction material” if it has been manufactured in
the United States and if the cost of its components which have been mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components.
“Component” means any article, material, or supply directly incorporated in a construction
material.
Section 9.1.3 Domestic Component. A component shall be considered to have
been “mined, produced, or manufactured in the United States” regardless of its source, in
fact, if the article, material or supply in which it is incorporated was manufactured in the
United States and the component is of a class or kind determined by the Government to
be not mined, produced or manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality.
Section 9.1.4 Foreign Material. When steel materials are used in a project a
minimal use of foreign steel is permitted. The cost of such materials cannot exceed on-
tenth of one percent of the total project cost, or $2,500,000, whichever is greater.
Section 9.2 Laws and Regulations Incorporated by Reference. All federal and District
of Columbia laws and regulations, and all Department procedures now or hereafter in effect,
whether or not expressly provided for or referred to in the Contract, are incorporated by reference
herein and shall be binding upon the A/E and the Department. It shall be the responsibility of
the A/E to perform the Contract in conformance with the Department’s procurement regulations
and all statutes, laws, codes, ordinances, regulations, rules, requirements, and orders of
governmental bodies, including, without limitation, the U.S. Government and the District of
Columbia government; and it is the sole responsibility of the A/E to determine the procurement
regulations, statutes, laws, codes, ordinances, regulations, rules, requirements, and orders that
Page 26 of 30
apply and their effect on the A/E ’s obligations thereunder. However, if the application of a future
law or regulation requires the A/E to undertake additional work that is materially different in
scope than that presently contemplated or required, the A/E shall be entitled to an equitable
adjustment for such additional work.

Section 9.3 Retention of Records: Inspections and Audits. The A/E shall maintain
books, records, documents and other evidence directly pertinent to performance under the
Agreement in accordance with generally accepted professional practice and appropriate
accounting procedures and practices consistently applied in effect on the date of execution of the
Agreement.

Section 9.3.1 The A/E shall also maintain the financial information and data used in
the preparation and support of the costing and cost summary submitted to the Department and the
required cost submissions in effect on the date of execution of the Department.

Section 9.3.2 The Department, the District of Columbia government, the Comptroller
General of the United States, the U.S. Department of Labor and any of their authorized
representatives shall have access to the books, records, documents and other evidence held, owned
or maintained by the A/E for the purpose of inspection, audit and copying during normal business
hours and upon advance written notice to the A/E. The A/E shall provide proper facilities for such
access and inspection.

Section 9.3.3 The A/E agrees to include the wording of this Section 9.3 in all its
subcontracts in excess of five thousand dollars ($5,000.00) that directly relate to Project
performance.

Section 9.3.4 Audits conducted pursuant to this Section will be in accordance with
generally accepted auditing standards with the results prepared in accordance with generally
accepted accounting principles and established procedures and guidelines of the applicable
reviewing or audit agency.

Section 9.3.5 The A/E agrees to the disclosure of all information and reports, resulting from
access to records, to any authorized representative of the Department. Where the audit concerns
the A/E, the auditing agency will afford the A/E an opportunity for an audit exit conference
and an opportunity to comment on the pertinent portions of the draft audit report. The final audit
report will include the written comments, if any, of the audited parties.

Section 9.3.6 The A/E shall preserve all records described herein from the effective date
of the Agreement completion and for a period of seven (7) years after a final settlement. In
addition, those records which relate to any dispute, appeal or litigation, or the settlement of claims
arising out of such performance, or costs or items to which an audit exception has been taken, shall
be maintained and made available until seven (7) years after the date of resolution of such dispute,
appeal, litigation, claim or exception.

Section 9.4 Gratuities and Owners Not to Benefit Provisions. If it is found, after
notice and hearing, by the Department that gratuities (in the form of entertainment, gifts, payment,
offers of employment or otherwise) were offered or given by the A/E, or any agent or
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representative of the A/E, 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 Contract, the Department may, by written notice to the A/E, terminate the right
of the A/E to proceed under the Agreement and may pursue such other rights and remedies
provided by law and under the Contract.

Section 9.4.1 In the event the Agreement is terminated as provided in Section 9.4, the
Department shall be entitled:

.1 to pursue the same remedies against the A/E as it could pursue in the event of a
breach of the Agreement by the A/E; and
.2 as a penalty in addition to any other damages to which it may be entitled by law, to
exemplary damages in an amount (as determined by the Department) which shall
be not less than ten times the costs incurred by the A/E in providing any such
gratuities to any such Department or employee.

Section 9.4.2 No member of, nor delegate to Congress, Mayor or City Council
Member, nor contractor nor employee of the District, nor contractor nor 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 Contracting Office of the Department in which
he or any contractor or employee of the Department shall be personally interested as well as all
agreements made by the Department in which the Mayor or City Council Member or contractor or
employee of the District shall be personally interested shall be void and no payments shall be made
on any such contracts by the Department or by any contractor thereof; but this provision shall not
be construed or extend to the agreement if the share of or benefit to the member of, or delegate to
Congress, Mayor or City Council Member, or contractor or employee of the District is de Minimis.

Section 9.5 Ethical Standards For Department's Employees And Former
Employees. The Department expects the A/E 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 A/E, nor any person associated with the A/E, 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 A/E 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 A/E may not assign to any former contractor or District employee or agent who has
joined the A/E's firm any matter on which the former employee, while employed by the
Department, had material or substantial involvement in the matter. The A/E may request a waiver
to permit the assignment of such matters to former Department personnel on a case-by-case basis.
The A/E shall include in every subcontract a provision substantially similar to this section so that
such provisions shall be binding upon each A/E or vendor.

Section 9.6 Anti-Deficiency Act. The obligations of the Department to fulfill financial
obligations pursuant to this Agreement, or any subsequent agreement entered into pursuant to this
Agreement or referenced herein (to which the Department is a party), are and shall remain subject
to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-1351 1511-
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1519 (2004) (the “Federal ADA”), and D.C. Official Code §§ 1-206.03(e) and 47-105 (2001); (ii)
the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01 – 355.08 (2004
Supp.) (the “D.C. ADA” and (i) and (ii) collectively, as amended from time to time, the “Anti-
Deficiency Acts”); and (iii) Section 446 of the District of Columbia Home Rule Act, D.C. Official
Code § 1-204.46 (2001). Pursuant to the Anti-Deficiency Acts, nothing in this Agreement shall
create an obligation of the Department in anticipation of an appropriation by Congress for such
purpose, and the Department’s legal liability for payments and other charges under this Agreement
shall not arise or obtain in advance of the lawful availability of appropriated funds for the
applicable fiscal year as approved by Congress.
Section 9.6.1 The Department agrees to exercise all lawful authority available to it to
satisfy the financial obligations of the Department that may arise under this Agreement. During
the term of this Agreement, the Mayor of the District of Columbia or other appropriate official
shall, for each fiscal period, include in the budget application submitted to the Council of the
District of Columbia the amount necessary to fund the Department’s known potential financial
obligations under this Agreement for such fiscal period. In the event that a request for such
appropriations is excluded from the budget approved by the Council and submitted to Congress by
the President for the applicable fiscal year or if no appropriation is made by Congress to pay any
amounts due under this Agreement for any period after the fiscal year for which appropriations
have been made, and in the event appropriated funds for such purposes are not otherwise lawfully
available, the Department will not be liable to make any payment under this Agreement upon the
expiration of any then-existing appropriation, the Department shall promptly notify the A/E, and
this Agreement shall immediately terminate upon the expiration of any then-existing
appropriation.
Section 9.6.2 Notwithstanding the foregoing, no officer, employee, director, member
or other natural person or agent of the District or Department shall have any personal liability in
connection with the breach of the provisions of this Section or in the event of non-payment by the
Department under this Agreement.
Section 9.6.3 This Agreement shall not constitute an indebtedness of the District and/or
the Department nor shall it constitute an obligation for which the Department is obligated to levy
or pledge any form of taxation or for which the District has levied or pledged any form of taxation.
No District of Columbia Official or employee is authorized to obligate or expend any amount
under this Agreement unless such amount has been appropriated by Act of Congress and is
lawfully available.
Section 9.7 Tax Exemption Provision. Any tax exemptions applicable to the District
of Columbia, including the gross receipts sales tax exemption for the sale of tangible personal
property to the District, codified in D.C. Code § 47-2005, shall apply to the performance of the
Contract.
Section 9.8 Covenant Against Contingent Fees Provisions. The A/E warrants that no
person or selling agency has been employed or retained to solicit or secure the Contract upon an
agreement or understanding for a Commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
A/E for the purpose of securing business. For breach or violation of this warranty, the Department
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shall have the right to terminate the Contract without liability or in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of the Department,
percentage, brokerage of contingent fee.

ARTICLE 10
TERMINATION OR SUSPENSION

Section 10.1 Any terminations or suspensions arising out of or under this Agreement
shall be governed by the terms of the Standard Contract Provisions, Article 8, (Exhibit G).

ARTICLE 11
OTHER CONDITIONS AND SERVICES

Section 11 General Conditions. To the extent that this Agreement is silent on an action
or requirement of the A/E, and current as of the date of this Agreement, the Department’s Standard
Contract Provisions for Architectural and Engineering Services Contracts (Exhibit G) shall govern
the A/E’s obligations with respect to such action or requirement under this Agreement.

ARTICLE 12
EXHIBITS
The following exhibits are incorporated into this Agreement and can be
accessed at DCAM-22-AE-RFP-0001 AE MPD 7th District Contract

Exhibit A1 Scope of Work
Exhibit A2 Technical Requirements and Submittal Guide
Exhibit A3 MPD 7th District Existing Drawings
Exhibit A4 Facilities Condition Assessment and Space Utilization Plan
Exhibit B1 A/E’s Technical Proposal
Exhibit B2 A/E Price Proposal
Exhibit C 2025 Living Wage Act
Exhibit D First Source Employment Agreement and Employment Plan
Exhibit E Service Contract Act Wage Schedule
Exhibit F Project Schedule
Exhibit G Standard Contract Provisions for Architectural and Engineering Services
contracts
Exhibit H Key Personnel
Exhibit I Equal Employment Opportunity
Exhibit J SBE Subcontracting Plan
Exhibit K1 RFP DCAM-22-AE-RFP-0001
Exhibit K2 RFP DCAM-22-AE-RFP-0001 Addendums 1 - 5

ARTICLE 13
ORDER OF PRECEDENCE

Contract DCAM-22-AE-RFP-0001
Exhibit A1 Scope of Work
Page 30 of 30
Exhibit A2 Technical Requirements and Submittal Guide
Exhibit A3 MPD 7th District Existing Drawings
Exhibit A4 Facility Condition Assessment and Space Utilization Plan
Exhibit G Standard Contract Provisions for Architectural and Engineering Services
contracts
Exhibit E Service Contract Act Wage Schedule
Exhibit I Equal Employment Opportunity
Exhibit J SBE Subcontracting Plan
Exhibit D First Source Employment Agreement and Employment Plan
Exhibit C 2024 Living Wage Act
Exhibit F Project Schedule
Exhibit H Key Personnel
Exhibit K1 RFP DCAM-22-AE-RFP-0001
Exhibit K2 RFP DCAM-22-AE-RFP-0001 Addendums 1 - 5
Exhibit B1 A/E’s Technical Proposal
Exhibit B2 A/E Price Proposal
IN WITNESS WHEREOF, the Parties’ duly authorized representatives have executed
this Agreement (No. DCAM-22-AE-RFP-0001) as of the dates written below.
ISSUED BY
DEPARTMENT OF GENERAL SERVICES
An agency within the executive branch of
the Government of the District of Columbia
ACCEPTED BY
SHINBERG LEVINAS ARCHITECTURAL
DESIGN INC.
By: By:
Name: Name:
Title: Title:
Date: Date:
Salo Levinas
President
1/15/2025
James H. Marshall
Contracting Officer
2/10/2025