Proposed Contract with GCS, Inc., dba GCS-SIGAL to Contract DCAM-24-CS-RFP-0003

MURIEL BOWSER
MAYOR

June 26, 2025

Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1 -
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Modification No. 1 to Contract DCAM -24-CS-RFP-0003 with GCS, Inc., dba GCS -
SIGAL. If approved, the proposed Modification No. 1 will establish the Guaranteed Maximum
Price (“GMP”) of $21,112,874.00; provided, however, the C MAR shall not obligate or expend
more than $15,990,00.00 until authorized in writing by subsequent modification executed by a
Contracting Officer and approved by the Council. The Contract’s NTE is being increased by
$12,000,000.00 from $3,990,000.000 to $15,990,000.00 at this time.

The proposed Modification No. 1 will authorize GCS, Inc., dba GCS -SIGAL, to provide the
Construction Management At -Risk Services for Southeast Tennis & Learning Center South
Campus, located at 701 Mississippi Avenue, SE, Washington, DC 20032. The substanti al
completion date for the project is April 9, 2026.

If you have any questions regarding this contract modification, please contact Delano Hunter,
Director, Department of General Services (“DGS”), or have your staff contact Eric Njonjo, Acting
Chief Procurement Officer, DGS, at (202) 727-2800.

I look forward to the Council’s favorable consideration of this contract modification.

Sincerely,

Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

1

Pursuant to Section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following Contract summary is provided:

COUNCIL CONTRACT SUMMARY
(Standard)

Proposed Modification No. 1 to Construction Management At-Risk Services for Southeast Tennis
& Learning Center South Campus

(A) Contract Number: DCAM-24-CS-RFP-0003

Contractor: GCS, Inc., dba GCS-SIGAL

Contract Amount: Contract’s GMP: $21,112,874 including:
- Letter Contract NTE of $990,000
- Early Start Agreement No. 1: $3,000,000;
- NTE Increase Amount: $12,000,000; and
- Remaining GMP Amount to be funded:
$5,122,874

Proposed Modification No. 1 Amount: $12,000,000

Proposed Total Contract $21,112,874; provided, however, the CMAR shall
Amount (Final Guaranteed Maximum not obligate or expend more than $15,990,00 until
Price (“GMP”): authorized in writing by subsequent modification
executed by a Contracting Officer if approved by the
Council. The Contract’s NTE is being increased by
$12,000,000 from $3,990,000 to $15,990,000 at this
time.

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

Term of Contract: From May 14, 2024 (date of execution of the Letter
Contract) through September 10, 2026
(Administrative Term Date) with a Substantial
Completion Date of April 9 , 2026, and Final
Completion Date of June 10, 2026.

Type of Contract: Construction Management At-Risk with GMP

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

2

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

Not applicable.

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

The Department of General Services (the “Department”) engaged GCS, Inc., dba GCS SIGAL (the
“Contractor”) to provide construction management at -risk services for Southeast Tennis &
Learning Center (“SETLC”) South Campus, located at 701 Mississippi Avenue, SE, Washington,
DC 20032 (the “Project”). The underlying Contract was approved by the Council as CA25- 1098
on November 24, 2024, with a not-to-exceed (“NTE”) amount of $3,990,000 inclusive of the Letter
Contract amount of $990,000.
The Department now seeks Council’s approval to execute the proposed Modification No. 1. If
approved, the proposed Modification No. 1 will establish the GMP of $21,112,874; provided,
however, the CMAR shall not obligate or expend more than $15,990,000 until authorized in
writing by subsequent modification executed by a Contracting Officer and approved by the
Council. The Contract’s NTE is being increased by $12,000,000 from $3,990,000 to $15,990,000
at this time. As the proposed Modification No. 1 would increase the Contract value by more than
$1 million, Council approval is required for this contract action.

(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 approved by the
Council as CA25-1098 on November 24, 2024.

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

Ongoing Projects:

1. DCAM-20-CS-RFP-0020_Stead Park Recreation Center
2. DCAM-21-CS-RFP-0010_Dorothy Height Elementary School
3. DCAM-24-CS-RFP-035_Burrville Elementary School
4. DCAM-20-CSRFQ-0002B_DOC Temp Boiler
5. DCAM-20-CSRFQ-0020_DOC- New Boiler Plant

3

6. DCAM-23-CS-RFP-0005_Malcolm X at Green Elementary School – Modernization
7. DCAM-24-CS-RFP-0014_Langdon Recreation Center
8. DCAM-24-CS-RFP-0004_South-East Tennis and Learning Center
9. DCAM-23-CS-RFP-0029_Crummell Community Center
10. DCAM-23-CS-RFP-0027_Barnard Elementary School – Addition
11. DCAM-25-CS-RFP-0002_Seaton Elementary School

Bids submitted:

None.

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

GCS-SIGAL is a CBE in the District of Columbia and is a longtime and resident-owned business
with decades of experience throughout the region. The GCS-SIGAL team has extensive experience
managing parks and recreation construction in urban settings and has completed numerous projects
that have included fields, pools, multi-purpose/office sp ace, playgrounds, sports courts,
gymnasiums, locker rooms, and computer rooms. The Contractor has been determined responsible
by the Department in accordance with 27 DCMR 4706.1.

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

The Contractor is a certified small business enterprise in accordance with the Act (CBE Number:
LZXR46406122027). Notwithstanding the foregoing, the Contractor has certified that it will
subcontract a portion of the Contract amount to SBE/CBE’s that are certified by DSLBD, as
follows, as required by law:

Contract Dollar Value: $15,990,000
Minimum Self-Performance Requirement
(35% of Total Contract Dollar Value): $5,596,500
Actual Self-Performance Dollar Value $5,596,500
Actual Self-Performance Percentage 100%
Total Amount available for Subcontracting $10,393,500
Minimum CBE Subcontracting Requirement
(35% of Total Available for Sub-Contracting): $3,637,725
Actual Subcontracting Amount $8,430,364
Total Sub-Contracting Percentage 81%.

(I) Performance standards and the expected outcome of the Contract:

4

The Contractor will be required to provide a full range of services required to selectively demolish
existing features as necessary and construct a new expansion facility to meet the Department’s
programmatic requirements. and complete the project no later than April 9, 2026 (Substantial
Completion Date). The Contractor’s performance will be monitored by DGS staff and DGS’
designated Program Manager. Additionally, the Contractor must adhere to the terms and
conditions of the Standard Contract Provisions for Construction Contracts.

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

The underlying Contract was approved by the Council as CA25-1098 on November 24, 2024, with
the NTE amount of $3,990,000 (inclusive of the initial NTE amount of $990,000 under the Letter
Contract, which was executed on May 14, 2024).

(K) A certification that the proposed 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 Contract’s proposed Modification
No. 1 amount is consistent 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 dated June 5, 2025 accompanies this Council Package.

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

The proposed Modification No. 1 has been deemed legally sufficient by the Department’s Office
of the General Counsel on June 9, 2025, and the Contractor does not appear to currently have any
pending legal claims against the District.

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

The Citywide Clean Hands database indicates that the Contractor is in compliance with the
Government of the District of Columbia tax laws and regulations. The applicable Clean Hands
certification dated June 6, 2025 for the Contractor accompanies this Council Package.

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

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

5

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

According to the DSLBD website, the Contractor is a certified Local Business Enterprise. The
Contractor’s CBE Number is LZXR46406122027, with an expiration date of December 31, 2027.

(P) Other aspects of the proposed modification that the Chief Procurement Officer considers
significant:

None:

(Q) A statement indicating whether the 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.

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

None.

(S) Where the Contract, and any Amendments or modifications, if executed, will be made
available online:

The Contract award and the Contract are available on the Department’s website. A copy of the
proposed Modification No. 1 will be made available on the Department’s website upon approval.

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

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

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

Based upon a certification from the Contractor, the Contractor has not been determined 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 L0014238696Notice Number:
FEIN: **-***8921
Case ID: 18621218

Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
GCS INC
1140 3RD ST NE STE 320
WASHINGTON DC 20002-7899

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

COPY
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

Memorandum

To: Delano Hunter
Director

From: Antoinette Hudson Beckham
Agency Fiscal Officer

Reference: Modification No. 1 to DCAM-24-CS-RFP-0003 – Construction
Management At-Risk (“CMAR”) Services for Southeast Tennis &
Learning Center South Campus

Date: June 5, 2025

Subject: Fiscal Sufficiency Certification

In my capacity as the Agency Fiscal Officer of the Department of General Services (the
“Department”), I hereby state that the proposed Modification No. 1 to the Contract for CMAR
Services for Southeast Tennis & Learning Center South Campus (DCAM-24-CS-RFP-0003) (the
“Contract”) with GCS, INC dba GCS-SIGAL (the “Contractor”), in the amount of $15,990,000.00 is
consistent with the Department’s current budget and that adequate funds are available in the budget
for the expenditure.

Per the Department of General Services Contracts & Procurement team (“ C&P”), the underlying
Contract was deemed approved by the Council on November 24, 2024, as CA25-1098, executed by the
Department on December 3, 2024, and with the Not to Exceed (“NTE”) amount of $3,990,000.00,
inclusive of the initial NTE amount of $ 990,000.00, under the Letter Contract. The proposed
Modification No. 1, if approved, would establish partial funding of the Guaranteed Maximum Price
(“GMP”) in the amount of $15,990,000.00, thereby increasing the Contract’s NTE by $12,000,000.00
($12,000,000.00 + $3,990,000.00). Modification No. 1 would authorize the Contractor to proceed with
the construction services for expansion of the Southeast Tennis & Learning Center, to achieve the goals
of the project, while the Department of Parks and Recreation (DPR) finalizes a reprograming of funds
for the remaining portion of the GMP . A capital reprogramming must be submitted and approved by
Council to obtain the remaining GMP funding. As the proposed amount of the Modification is $1 million
or more, Council approval is required for this Contract action.

The Department of General Services (DGS – Implementing AGY) has $15,990,000.00 in the
Department of Parks and Recreation (HA0 - Owner AGY) cumulative capital budget authority balance.

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

The PASS information is below/attached:

Project
Number/Name
Subtask AY Fund
Detail
Imp.
AGY
Owner
AGY
RK/PO # Amount Comments
100218 –
(AM0.SET38C.SOUTHE
AST TENNIS AND
LEARNING CENTER)
04.01 -
(STLND.95101.SOUTH
EAST TENNIS AND
LEARNING
CENTER.MODERNIZA
TION PROJECTS)

N/A 3030300 DGS HA0 PO707780 $990,000.00 Letter Contract –
Part of
3,990,000.00 NTE
100218 –
(AM0.SET38C.SOUTHE
AST TENNIS AND
LEARNING CENTER)
04.01 -
(STLND.95101.SOUTH
EAST TENNIS AND
LEARNING
CENTER.MODERNIZA
TION PROJECTS)

N/A 3030300 DGS HA0 PO719136 $3,000,000.00 Part of
3,990,000.00 NTE
100218 –
(AM0.SET38C.SOUTHE
AST TENNIS AND
LEARNING CENTER)
04.01 -
(STLND.95101.SOUTH
EAST TENNIS AND
LEARNING
CENTER.MODERNIZA
TION PROJECTS)

N/A 3030300 DGS HA0 RK305349 $12,000,000.00 Proposed Mod.
No. 1 – Partial
GMP
Total $15,990,000.00

_______________________
Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Service

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

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Review

Proposed Modification No. 1 to Contract No. (DCAM-24-CS-RFP-
0003) Construction Management At-Risk (“CMAR”) Services for
Southeast Tennis & Learning Center South Campus

GCS, Inc. dba GCS-SIGAL

DATE: June 9, 2025
_____________________________________________________________________________

This is to certify that this Office has reviewed the above-referenced proposed Modification No. 1
to Contract No. DCAM-24-CS-RFP-0003 and has found it to be legally sufficient, subject to
submission of: (i) any required materials and Council approval; (ii) Council’s approval of the same;
and (iii) a Fiscal Certification issued by the Department of General Services’ Agency Fiscal
Officer.

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

_______________________
Kristen Walp
Senior Assistant General Counsel

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

T-ContractNumber PageofPages
CAM-24.8-RFP-0003,1 2
2.ModificationNumber s.EffecuveDate Js.RequisitionPurchaseRequestNo,|5.Caption
ConstructionManagemoutAL-RikServicesModificationNo.1 SeeBlock16C zaaeS forSoutheastTenis&LearingComerRK305349 SouthCampus[6TaaedBy F-AdministeredBy(ToherthanTne67DepartmentofGeneralServices DepartmentofGeneralServicesContractingandProcurementDivision CapitalConstructionDivision3924MinnesotaAvenue,NE,SthFloor 3924MinnesotaAvenue,NE,SthFloorWashington,DC20019 ‘Washington,DC20019
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[8NameandAddressofContractor(No.Stet,city,country,satsandZIPCode)| [DA.AmendmentofSoitationNo,

GCS,IncdbaGCS-Sigal [5BDated(Seehem11)11403rdStreetNE,SuiteNo.320,‘Washington,DC20002 TOA,MosiicationofContracOrderNo.GabeOliver x |DCAM24.C5-REP-0003,footmarae acth T0B,Dated(Seetem13)
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18,Descriptionofamendmentmodification(OrganizedbyUCFSectionheading,includingsleitation/contractsubjectmatterwherefeasible)ContractNo.DCAM-24-CS-RFP-0003-ConstructionManagementAt-Risk("CMAR")ServicesforSoutheastTennis& LearningCenterSouth|Campusisherebymodifiedasfollows
1.GuaranteedMaximumPrice:TheDesignDevelopmentDocumentsrequiredintheContractarenowcomplete.Asaresult,theContractorhasestablishedtheGuaranteedMaximumPrice("GMP")of$21,112,874.00asdetailedintheGMPAmendmentNo.1(ExhibitA);provided,howeverthattheCMARshallnotobligateorexpendmorethan$15,990,000.00untilauthorizedinwritingbysubsequentmodificationexecutedbya[ContractingOfficer.Accordingly,theNot-o-Exceed("NTE")amountoftheContractisherebyincreasedby$12,000,000.00fiom$3,990,000.00tos15,990,000.00.
2,Release,IsmutuallyagreedthatinexchangeforthisChangeOrderandotherconsiderations,theContractorherebyreleases,waives,settlesandholdstheDepartmentharmlessfromanyandalactualorpotentialclaimsordemandsfordelays,disruptions,addtionalwork,addtionaltime,additionalcost,contractextensions,compensationsoribilityunderanytheory,whetherknownorunknown,thattheContractormayhavenowoFinthefutureagainsttheDepartmentatisingfromoroutof,asconsequencesorresultof,relatingoorinanymannerconnectedwiththisChangelOrder,heabove-referencedProject,andtheContractwork
|3.Terms&Conditions:AllotherTermsandConditionsremainunchanged.

TSA.NameandTiteofSigner(Typeorprint) IGA.NameofContactingOfficer‘GabeOliver ‘SuziTabot“GCS,nedbaGCSSigal SCDacSigna]1OB.DistrictofColumbia 6c DateSianed

ZL, ot co
(Continuation)
Page of Pages
17. Contract Recap:
$990,000.00
$0.00
$0.00
Definitive Contract $3,990,000.00
$12,000,000.00
NTE Contract Value $15,990,000.00
Modification No.
2 of 2Modification No. 1DCAM-24-CS-RFP-0003
Contract No.
Letter Contract Executed on May 14, 2024
Administrative
Time Extension Modification
Modification No. 1
Modification No. 2
Executed on December 3, 2024
Modification No. 1 Guaranteed Maximum Price ($21,112,874.00) Established
with the NTE of $15,990,000.00
Exhibit A - GMP Amendment No. 1
Page 1 of 6
GUARANTEED MAXIMUM PRICE AMENDMENT NO. 1
CONSTRUCTION MANAGEMENT AT-RISK (“CMAR”) AGREEMENT
SOUTHEAST TENNIS AND LEARNING CENTER SOUTH CAMPUS
THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is entered into by
and between the DISTRICT OF COLUMBIA GOVERNMENT, acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department”) and GCS, INC dba GCS-SIGAL
(the “Construction Manager” or “Contractor”) pursuant to the Agreement, dated December 3,
2024, between the District of Columbia government, by and through the Department and the
Contractor, for the Construction Management At-Risk (“CMAR”) services for Southeast Tennis
& Learning Center (“SETLC”) South Campus and to establish a Guaranteed Maximum Price and
Contract Time for the Work as set forth below.
ARTICLE I
GUARANTEED MAXIMUM PRICE
Section 1.1 Guaranteed Maximum Price . Subject to additions and deductions which
may be made only in accordance with the Agreement, the CMAR represents, warrants and
guarantees to the Department that the total maximum cost to be paid by the Department for
CMAR’s complete performance under the Agreement, including, but not limited to, Final
Completion of all Work, all services of Contractor under the Agreement, and all fees,
compensation and reimbursements to CMAR, shall not exceed the total amount of Twenty One
Million One Hundred Twelve Thousand, Eight Hundred and Seventy Four Dollars
($21,112,874.00) (" Guaranteed Maximum Price "); provided, however, the CMAR shall not
obligate or expend more than Fifteen Million Nine Hundred Ninety Thousand Dollars
($15,990,00.00) until authorized in writing by subsequent modification executed by a Contracting
Officer. Costs which would cause the Guaranteed Maximum Price (as may be adjusted pursuant
to the Contract Documents) to be exceeded shall be paid by the CMAR without reimbursement by
the Department.
Section 1.2 Guaranteed Maximum Price Components . The Guaranteed Maximum
Price is comprised of the maximum amount payable by the Department for:
1.2.1 the Cost of the Work for full and complete performance of the Work in strict
accordance with the Contract Documents;
1.2.2 a Preconstruction Fee for the CMAR, as defined in the Agreement, in the amount
of $85,000.00;
1.2.3 a Construction Management Fee for the CMAR, as defined in the Agreement, in
the amount of $591,160.00;
1.2.4 a Lump Sum Cost of General Conditions, as defined in the Agreement, in the
amount of $1,327,224.00;
1.2.5 The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibit D attached hereto.
Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in
Page 2 of 6
accordance with the Contract Documents listed and attached to this Amendment and marked
Exhibits A through H, as follows:
1.3.1 Exhibit A: List of Drawings, Specifications, addenda and General, Supplementary
and other Conditions of the Agreement on which the Guaranteed Maximum Price is based
1.3.2 Exhibit B: A list of Unit Prices and Allowance items as well as a statement of
their basis.
1.3.3 Exhibit C: Assumptions and Clarifications made in preparing the Guaranteed
Maximum Price, noting in particular any exclusions. The Assumptions and Clarifications shall
take precedence over the Drawings and Specifications, but shall be subordinate to the Agreement
and the terms of this Amendment.
1.3.4 Exhibit D: The proposed Guaranteed Maximum Price, including a statement of the
detailed cost estimate organized by trade categories, allowances, Contingency, and other items and
the fee that comprise the Guaranteed Maximum Price.
1.3.5 Exhibit E: A Construction Phase Schedule which shall include, but not be limited
to, the Substantial and Final Completion Dates, upon which the proposed Guaranteed Maximum
Price is based, and a schedule of the Construction Documents issuance dates upon which the
Substantial and Final Completion Dates are based (the “Project Schedule”).
1.3.6 Exhibit F: An LSDBE Utilization Plan setting forth the names and estimated dollar
volume of the work that will be perform by small, local and disadvantaged business enterprises,
as certified by the Department of Small and Local Business Development, upon which the GM P
is based.
1.3.7 Exhibit G: A summary of Capital Cost vs Operating Cost Eligibility
1.3.8 Exhibit H: A list of additive alternates or deductive alternates with defined
executable dates, if any
Section 1.4 Incomplete Construction Documents. The CMAR and the
Department acknowledge that the 100% complete design development documents (Drawings and
Specifications) have been submitted to the Department of Buildings for a building permit. As of
the date hereof, the Drawings and Specifications have reached the level of approximately 90%
complete Construction Documents. The CMAR, however, has been actively involved in the design
process and hereby represents that it has a sufficient understanding of the Project to agree to a
Guaranteed Maximum Price to Fully Complete the Project. The CMAR hereby acknowledges that
the GMP Basis Documents provides sufficient detail and information to provide a firm Guaranteed
Maximum Price and that the Guaranteed Maximum Price proposed therein is intended to represent
the CMAR’s offer to Fully Complete the Project.
Section 1.5 Design Intent; Inferable Work. The CMAR agrees that the Guaranteed
Maximum Price is based on the current state of the design, which represents 100% complete design
development documents (Drawings and Specifications) , and approximately 90% complete
Construction Documents . The GMP Basis Documents include various clarifications and
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assumptions that are intended to further define the scope of Work that will be required to complete
design. The CMAR has included within the Guaranteed Maximum Price sufficient amounts to
cover aspects of the Work that are not shown on the GMP Basis Documents. If the Department
does not approve any such scope increase, the CMAR shall cause the Architect to develop a design
that is consistent with the original design intent and shall complete the Work for an amount that
does not exceed the GMP.
Section 1.6 Cost Overruns. Subject to additions or deductions which may be made in
accordance with the Agreement, the CMAR shall be solely liable and responsible for and shall pay
any and all costs, fees and other expenditures in excess of the Guaranteed Maximum Price for
and/or relating to the Work, without entitlement to reimbursement from the Department. CMAR
shall not be entitled to any fee, payment, compensation or reimbursement under this Agreement or
relating to the Work or Project other than as expressly provided in the Agreement.
Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit
Price Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted in
the Guaranteed Maximum Price (" Allowance Items"). The only Allowance Items shall be those
specifically identified as such in the Schedule of Values and in the Guaranteed Maximum Price.
The Allowance Amounts represent all Costs of the Work of the Allowance Items, including,
without limitation, costs of materials, labor, handling, transp ortation, loading and unloading and
installation, as determined by CMAR.
Section 1.8 Shared Savings. In the event of any cost savings in the Construction
Contingency upon completion of the project, such savings shall be shared between the Department
and the CMAR on a 70/30 basis, respectively.
ARTICLE 2
INTENT, INTERPRETATION AND CORRELATION
Section 2.1 Intent of the Agreement. The intent of the Agreement is for the CMAR
to perform and supply, and the Department hereby engages CMAR to and CMAR hereby agrees
to perform and supply, the Work, including all necessary design services, scheduling, procurement,
supervision, construction, and construction management services and supply all necessary labor,
materials, equipment and related work and serv ices necessary to fully complete the Work and
obtain the intended results of the Contract Documents, including, but not limited to the
requirements of the Project Schedule and the Guaranteed Maximum Price requirements set forth
in Article 1 above. The enumeration of particular items in the Specifications and/or Drawings shall
not be construed to exclude other items. The Contract Documents are complementary, and what is
required by any one of the Contract Documents (including either a Drawing or Specification) as
being necessary to produce the intended results shall be binding and required as a part of the Work
as if required by all Contract Documents.
Section 2.2 CMAR’s Compliance with Contract Documents. CMAR agrees, accepts
and assumes that the Department's decision will require implementation of the most stringent
requirements among any conflicting provisions of the Contract Documents as being part of the
Work. The CMAR agrees to be bound by all decisions by the Department to implement the most
stringent of any conflicting requirements within the Contract Documents. Any failure by CMAR
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to seek such clarifications shall in no way limit the Department's ability to require implementation,
including replacement of installed Work at a later date at CMAR's sole expense, to achieve
compliance with the more stringent requirements. Without limiting the generality of the foregoing,
the CMAR hereby agrees as follows:
2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any option herein conferred, shall
not be construed as a waiver or relinquishment of the Department's right t hereafter to require
compliance with such provision of this Agreement, or as being a waiver of the Department's right
thereafter to exercise such option, and such provision or option will remain in full force and effect.
2.2.2 If there is any inconsistency in the Drawings or any conflict between the Drawings
and Specifications, the CMAR shall provide the better quality or greater quantity of Work or
materials, as applicable, unless the Department directs otherwise in writing.
2.2.3 The CMAR shall be responsible for dividing the Work among the appropriate
Subcontractors and Vendors. No claim will be entertained by the Department based upon the
organization or arrangement of the Specifications and/or the Drawings into areas, sections,
subsections or trade disciplines.
2.2.4 Detail drawings shall take precedence over scale drawings, and figured dimensions
on the Drawings shall govern the setting out of the Work.
2.2.5 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to the
Effective Date.
2.2.6 Technical words, abbreviations and acronyms in the Contract Documents shall be
used and interpreted in accordance with customary usage in the construction industry.
2.2.7 Whenever consent, permission or approval is required from any party pursuant to
the provisions of the Contract Documents, such consent, permission or approval shall, unless
expressly provided otherwise in this Agreement, be given or obtained, as applicable, in writing.
ARTICLE 3
[INTENTIONALLY OMITTED]
ARTICLE 4
OTHER PROVISIONS
Section 4.1 CMAR’s Responsibilities. The CMAR also expressly acknowledges that
this Project and the Work will proceed on a "fast-track" method of construction, i.e., construction
will commence without final Construction Documents in place. The CMAR shall manage the
Project, including coordinating value engineering necessary or advisable for certain aspects of the
Project at any stage in order to bring the cost of such Work within or below, but not in excess of,
the respective allowances or the budge ted or allocated amounts for other items contained i n the
Guaranteed Maximum Price.
ARTICLE 5
MISCELLANEOUS PROVISIONS
Section5.1 PriorAgreementUnaffected,Exceptasexpresslyagreedtoherein,alloftheterms,conditions,representationsandwarrantiessetforthintheAgreementshallremain
unaffectedandinfullforceandaffect.
Section5.2 IntegratedAgreement.ThisAmendmentandanyattachmentheretoset
forththeentireagreementandunderstandingofthepartiesregardingthetransactionscontemplated
herebyandsupersedeallpriororalandwrittenagreements,arrangementsandunderstandings
relatingtothesubjectmatterhereof.Therearenooralorwrittenagreementsorunderstandings,
representationsor warrantiesamong thepartiesotherthanthosesetforthherein.
Section5.3 Counterparts.ThisAmendmentmay beexecutedinoneormore
counterparts,eachofwhichshallbedeemedtobeanoriginal,butallofwhichshallbeconsidered
‘oneandthesameinstrument.
Section5.4 Construction,ThisAgreementshallbeconstruedfairlyastoallpartiesandnotinfavoroforagainstanyparty,regardlessofwhichpartypreparedtheAgreement.

IN WITNESSWHEREOF, eachofthepartiestothisAmendmenttoAgreement
(DCAM-24-CS-RFP-0003)hascausedittobeexecutedbyitsdulyauthorizedrepresentativeonthedatessetforthbelow.
DISTRICT OF COLUMBIA GOVERNMENT, by and through itsDEPARTMENT OF
GENERAL SERVICES

Name:
Title:
Date:
GCS, INC dba GCS-SIGAL
By:
Gabriel OliverName:
Its: Partner & SVP
Date: 2g We at
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EXHIBITS A – H ARE ACCESSIBLE VIA THE LINK BELOW
GMP AMENDMENT EXHIBITS