Proposed Contract with Chiaramonte-DAVIS, A Joint Venture to Contract No. DCAM-23-CS-RFP-0009

MURIEL BOWSER
MAYOR

August 18, 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 No. DCAM -23-CS-RFP-0009 with Chiaramonte -
DAVIS, A Joint Venture. If approved, Modification No. 1 will increase the contract’s not -to-
exceed amount by $52,176,252, from $27,185,263 to $79,361,515.

The underlying contract was deemed approved by the Council on July 6, 2024, as CA25-0900, as
an early start agreement to complete a preliminary scope of work including design and
preconstruction deliverables for the modernization of J.O. Wilson Elementary School.

Under proposed Modification No. 1, Chiaramonte -DAVIS, A Joint Venture will provide design -
build services for the modernization of J.O. Wilson Elementary School. The substantial completion
date for the project is July 15, 2026.

My administration is available to discuss any questions you may have regarding this contract
modification. In order to facilitate a response to any questions you may have, 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) 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)

Modification No. 1 to Design-Build Agreement for JO Wilson Elementary School
Modernization.

(A) Contract Number: DCAM-23-CS-RFP-0009
Modification No. 1

Contractor: Chiaramonte-DAVIS, A Joint Venture

Proposed Increased Contract Amount
via Modification No. 1 $52,176,252.00

Total Contract Amount (Final
Guaranteed Maximum
Price): $79,361,515.00

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

Term of Contract: October 11, 2023 (date of execution of the Letter
Contract by the Department) through July 15, 2026
(“Substantial Completion Date”) with an
Administrative Term of March 15, 2027

Type of Contract: Cost Plus Fixed Fee with a Guaranteed Maximum
Price (“GMP”)

Source Selection Method: Competitive Request for Proposals

(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

2

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

The Department of General Services (the “Department”) engaged Chiaramonte-DAVIS, A Joint
Venture (the “Contractor”) to provide Design- Build Services for the J.O. Wilson Elementary
School Modernization project, located at 660 K Street, NE, Washington, DC 20002 (the “Project”).
The Project will be completed in two modernization phases: (i) the Design and Preconstruction
Phase; and (ii) the Construction Phase. The substantial completion of the Project shall occur on or
by July 15, 2026.

The Department requires the Contractor to provide design-build services for renovation of the
existing facility and new construction. Such design- build services shall increase the existing
footprint to accommodate the square footage required in the educational specifications (“Ed
Specs(s)”) or “Educational Specifications” to bring it in line with the District of Columbia Public
Schools’ (“DCPS”) Ed Specs. The Department anticipates the demolition of the existing octagon
that currently houses the s chool’s library. The Contractor shall recommend a design that is most
advantageous to the Project.

The Contract was deemed approved by the Council on July 6, 2024, as CA2 5-0900, as an early
start agreement to complete a preliminary scope of work, including but not limited to any and all
design, permitting and construction including, but not limited to, temporary utilities, public art
installation ,furniture, fixtures, equipment and coordination, move-in logistical support for a fully
functional turn-key project.

The Department seeks Council approval to execute the proposed modification to establish the
GMP. If approved, Modification No. 1 will establish the final GMP of $79,361,515.00, thereby
increasing the Contract’s value by $52,176,252.00 (from $27,185,263.00 to $79,361,515.00). 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 CA25-0900 on July 6, 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) A description of any other contracts the proposed contractor is currently seeking or holds
with the District:

3

The Contractor is currently involved in several District projects and is in pursuit of many other
District projects. The list of projects is provided as Exhibit A.

(G) The background and qualifications of the proposed contractor, including its o rganization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:

The Contractor is based in Washington, DC, and is a Certified Business Enterprise (“ CBE”)
specializing in design- build solutions, preconstruction consultation, project management, and
general contracting. The Contractor caters to a wide array of sectors, including commercial, multi-
family, institutional, foreign missions, education, and historic restoration projects. The Contractor
has spearheaded numerous projects in collaboration with DGS, the Department of Park and
Recreation, the District of Columbia Housing Authority, and DCPS.

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.

(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:

One of the Contractor’s joint venture partners is a certified business enterprise in accordance with
the Act (CBE Number: LSZX29212122027). Pursuant to D.C. Official Code § 2-218.46 (d-1), the
Contractor is required to submit a detailed subcontracting plan to DSLBD that meets the
requirements of D.C. Official Code § 2- 218.46(d) before entering into a guaranteed maximum
price; the Contractor submitted a subcontracting plan as follows:

Contract’s NTE Dollar Value: $79,361,515
CBE Prime Self Perform: $9,793,210.95
Subcontracting Requirement %: 35%
Subcontracting Plan Required Dollar Value: $24,348,906.42
Subcontracting Plan Actual Dollar Value: $38,243,135.00

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

The Contractor is required to provide all design, preconstruction, and construction services, and
other services necessary to substantially complete all phases of the Project no later than July 15,
2026. In general, the Contractor must perform the requirements contained in the Contract and meet
or exceed the performance standards therein. The Contractor is subject to liquidated damages of
$500 per day of delay for failure to timely achieve substantial completion of the Project. The
Contract also provides a disincentive fee of $25,000 for the replacement of key personnel without

4

the Department’s prior approval and not as a penalty, to reimburse the Department for its
administrative costs arising from the Contractor’s failure to provide the key personnel.

(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:

None.

(K) A certification that the proposed contract is within the appropriated budget authority for
the agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:

The Office of the Chief Financial Officer has certified that the proposed Contract’s GMP and NTE
amount are 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.

(L) A certification that the contract is legally sufficient, including whether the proposed
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, and the Contractor does not appear to have any current pending legal
claims against the District.

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

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

(N) 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 tax laws.

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

According to DSLBD’s website, one of the Contractor’s joint venture partners is a certified Local

5

Business Enterprise, Longtime Resident Owned Business Enterprise , and Small Business
Enterprise. The Contractor’s CBE Number is LSZX29212122027, with an expiration date of
December 31, 2027.

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

None.

(Q) 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.

(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 information is available on the Department’s website. A copy of the proposed
modification 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 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.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

6

Exhibit A

Projects Chiaramonte-DAVIS, A Joint Venture Is Currently Seeking With District Agencies
(not only DGS):

None.

1101 4th Street, SW
Washington, DC 20024
Date of Notice: July 17, 2025 L0014459117Notice Number:
FEIN: **-***3891
Case ID: 18664906
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
CHIARAMONTE-DAVIS A JOINT VENTURE
2260 MINNESOTA AVE SE
WASHINGTON DC 20020-5324
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
C
As reported in the Clea
reported in the Cle
iability with the District o
ility with the Di
vices. As of the date abov
ices. As of the date abov
ertificate of Clean Hands
ertificate of Clean Hand
TITLE 47. TAXATION, L
TLE 47. TAXATION,
CHAP
CHAP
PTER II. CLEAN HAND
PTER II. CLEAN HAN
D.C. CO
D.C. CO
PROHIBITION AGAINS
ROHIBITION AGAIN
Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019
Contracts & Procurement
Memorandum
To: Delano Hunter
Director
From: Antoinette Hudson - Beckham
Agency Fiscal Officer
Reference: Proposed Modification No. 1 to Contract No. DCAM-2 3-CS-
RFP-0009 Design-Build Services for JO Wilson Elementary School
Modernization.
Date: June 10, 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 (GMP Amendment) to the Agreement for Design Build Services
for JO Wilson Elementary School Modernization. (DCAM-23-CS-RFP-0009) (the “Contract”), with
Chiaramonte -DAVIS, A Joint Venture , in the amount of $52,176,252.00 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 (“C&P”) team, the underlying
Contract was deemed approved by the Council on April 21, 2025, as CA26-0126, with an initial Not-
to-Exceed amount of $27,185,263.00 ($995,000.00 Letter Contract + $26,190,263.00 Early Start
Agreement #1).
Per C&P, if approved, the proposed Modification No. 1 in the amount of $52,176,252.00 will increase
the Contract’s NTE amount to $79,361,515 ($27,185,263.00+ $52,176,252.00).
The proposed Modification No. 1 in the amount of $ 52,176,252.00 would establish the guaranteed
maximum price (the “GMP”) totaling the Contract NTE amount to $79,361,515.00.
While funding in the amount of $52,176,252.00 is being approved for capital-eligible items only,
there is an ineligible amount of $883,741.82 listed in Exhibit H of the contract modification. See the
non-capital column and associated items. These items are ineligible for capital expenditure per the
District Capital Guidelines. The goods/services are needed in FY2026. There should be no purchases,
commitments, or expenditures for these items, until operating funds are available, via a purchase
order for the same amount. The agency will submit a reverse capital paygo to operating
reprogramming for approval in the fiscal year that the goods/services are needed.

The Department of General Services (DGS – Implementing AGY) has $52,176,252.00 in the District
of Columbia Public Schools (DCPS – Owner AGY) cumulative capital budget authority balance.

Project Number/ Name
Subtask

AY
Fund
Detail
Imp.
Agency
Owner
Agency
RK/PO Amount Comments
100150 (AM0.PW337C.JO
WILSON ES
MODERNIZATION/REN
OVATION)
04.03 N/A 3030300 AM0 GA0 RK305928 $26,000,000.00 Proposed Mod #2
(FY25 Capital Part
of $52,176,252.00)
100150 (AM0.PW337C.JO
WILSON ES
MODERNIZATION/REN
OVATION)
04.03 N/A 3030300 AM0 GA0 RK305929 $25,292,510.18 Proposed Mod #2
(FY26 Capital Part
of $52,176,252.00)
100150 (AM0.PW337C.JO
WILSON ES
MODERNIZATION/REN
OVATION)
04.03 N/A 3030300 AM0 GA0 RK305930 $883,741.82 Proposed Mod #2
(FY26 Ineligible
Part of
$52,176,252.00. A
reverse capital
paygo to operating
reprogramming
will be submitted
in FY26 to fund
this cost.)
Total $52,176,252.00

________________________________

Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services

GOVERNMENT OF THE DISTRICT OF
COLUMBIA DEPARTMENT OF
GENERAL SERVICES

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Modification No. 1 to the Design -Build Services Agreement for J.O. Wilson
Elementary School Modernization

Contract Number: DCAM-23-CS-RFP-0009
Contractor: Chiaramonte-DAVIS, A Joint Venture

DATE: June 10, 2025

This is to certify that this Office has reviewed the above -referenced proposed Modification No.1
and has found it to be legally sufficient, subject to the 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 Avenue NE, 6th Floor Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283

X
Contracts and Procurement Division
3924 Minnesota Avenue NE, 5th Floor
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-23-CS-RFP-0009 1 2
7. Administered By (If other than line 6)
Department of General Services
6. Issued By:
3. Effective Date 4. Requisition/Purchase Request No. 5. Caption
Modification No. 1 See Block 16C
PR-014999
RK305928 / RK305929 / RK305930 Design-Build Services JO Wilson
Elementary School Modernization
2. Modification Number
Washington, DC 20019
Frank Chiaramonte
President
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. Chiaramonte Construction Company 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
2. Release : It is mutually agreed that in exchange for this Modificatio n and other considerations, the Contractor hereby releases , waives,
settles, and holds the Department harmless from any and all a ctual or potential claims or demands for delays, disruptions, additional work,
additional time, additional cost, contract extensions, co mpensations or liability under any theory, whether known or unknown, that the
Contractor may have now or in the future against the Departme nt arising from or out of, as a consequence or result of, relat ing to or in any
manner connected with this Modification, the above-referenced Project, and the Contract Work.
Peter Henry Lyonga
3. Terms & Conditions : All other Terms and Conditions remain unchanged.
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
1. Guaranteed Maximum Price . The Contract No. DCAM-23-CS-RFP-0009 Design Build Services JO Wilson Modernization is modified to
establish the Contract's Guaranteed Maximum Price ("GMP") in the amount of Seventy-Nine Million Three Hundred Sixty-One
Thousand Five Hundred Fifteen and Zero Cents ( $79,361,515.00 ) per the terms of Attachment A hereto. The Contract value is
therefore increased by $52,176,252.00 from $27,185,263.00 to $79,361,515.00 . Pre-approval by the Department is required to use the
owner allowance listed in Exhibit B of the GMP amendment ( Attachment A ). The total value of this Modification is $52,176,252.00 , which
includes $51,292,510.18 for capital-eligible costs and $883,741.82 for operating costs. The Purchase Order (PO) will be issued with a Not-
to-Exceed (NTE) amount of $51,292,510.18 , which corresponds to the capital-eligible portion. The remaining balance of $883,741.82 for
operating costs will be issued under a separate Purchase Order upon funds availability. See Exhibit H for the list of items categorized
under non-capital expenditures. No purchases, commitments, or expenditures for these items shall be made until the operating funds are
available and the corresponding PO for $883,741.82 is issued.
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
Contract No. DCAM-23-CS-RFP-0009 to provide Design-Build Services for JO Wilson Modernization is hereby modified as follows:
X D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Contract DCAM-23-CS-RFP-0009
1
B. The above numbered contract/order is modified to reflect the administrative changes (such as changes in paying office, appropriation
date, etc.) set forth in item 14.
C. This supplemental agreement is entered into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Contractor is not, is required to sign this document and return
DCAM-23-CS-RFP-0009/Mod No. 1
9B. Dated (See Item 11)
July 16, 2024 Email: frank@cc-builder.com
X
10A. Modification of Contract/Task Order No. Chiaramonte Construction Company
2260 Minnesota Avenue, SE
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
10B. Dated (See Item 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment: (b) By acknowledging receipt of this
Washington DC, 20020
copy to the issuing office. E. IMPORTANT :
an offer already submitted, such change may be made by letter or fax, provided each letter or telegram makes reference to the
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14
The changes set forth in Item 14 are made in the contract/order no. in item 10A.
amendment number. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
Chiaramonte Construction Company
Frank Chiaramonte, Committee Member
06/11/25
(Continuation)
Contract Number Page of Pages
DCAM-23-CS-RFP-0009 2 of 2
5. Contract Recap:
Contract (ESA 1) Executed: 7/16/2024 $27,185,263.00
Modification No. 1 (GMP) $52,176,252.00
Total Price 79,361,515.00 $
Modification No.
Modification No. 1
ATTACHMENT A
GUARANTEED MAXIMUM PRICE AMENDMENT

DESIGN-BUILD AGREEMENT

J.O. WILSON ELEMENTARY SCHOOL MODERNIZATION

THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is
entered into by and between the DISTRICT OF COLUMBIA GOVERNMENT , acting by
and through its DEPARTMENT OF GENERAL SERVICES (the “Department”) and
CHIARAMONTE-DAVIS, A JOINT VENTURE , (the “Design-Builder”) pursuant to the
Agreement, dated July 16, 2024, between the District of Columbia government, by and through
the Department and the Design-Builder, for design-build work at t he J.O. WILSON
ELEMENTARY SCHOOL MODERNIZATION and to establish a Guaranteed Maximum
Price and Contract Time for the Work as set forth below.

ARTICLE 1

GUARANTEED MAXIMUM PRICE

Section 1.1 Guaranteed Maximum Price . Subject to additions and deductions
which may be made only in accordance with the Agreement, the Design -Builder represents,
warrants and guarantees to the Department that the total maximum cost to be paid by the
Department for Design-Builder’s complete performance under the Agreement, including, but
not limited to, Final Completion of all Work, all services of Desi gn-Builder under the
Agreement, and all fees, compensation and reimbursements to Design-Builder, shall not exceed
the total amount of Seventy-Nine Million Three Hundred Sixty-One Thousand Fi ve
Hundred Fifteen And Zero Cents ($79,361,515.00) (" Guaranteed Maximum Price "). The
GMP amount includes the already released $995,000.00 funding for the Letter Contract, and
$26,190,263.00 funding for Early Start Agreement No. 1. The amount of $ 79,361,515.00
includes ineligible items per Section 1.8 of this GMP Amendment and Exhibit H. Costs which
would cause the Guaranteed Maximum Price (as may be adjusted pur suant to the Contract
Project Documents) to be exceeded shall be paid by the Design-Builder without reimbursement
by the Department.

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

1.2.1 The Cost of the Work for full and complete performance of the Work in strict
accordance with the Contract Project Documents;
1.2.2 a Preconstruction Fee for the Design-Builder, as defined in the Agr eement, in
the amount of $286,312.00;
1.2.3 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in the
amount of $3,318,538.00;
1.2.4 a Design Fee (or “Design Cost” as shown in Exhibit D), as defined in the
Agreement in the amount of $4,771,617.00;
1.2.5 a Lump Sum General Conditions Cost, as defined in the Agreement, in the
amount of $3,850,000.00;
1.2.6 Owner’s Allowance in the amount of $3,000,000.00;
1.2.7 Permit Allowance as defined in the Agreement, in the amount of $900,000.00.
1.2.8 Public Art Allowance as defined in the Agreement in the amount of
$500,000.00;
1.2.9 Utility allowance as defined in the agreement in the amount of $500,000.00;
1.2.10 Public Space Improvement Allowance, as defined in the Agreement in the
amount of $500,000.00;
1.2.11 Upgrade to Synthetic Turf Allowance as defined in the agreement i n the
amount of $450,000.00;
1.2.12 Moving Allowance in the amount of $200,000.00; and
1.2.13 The Guaranteed Maximum Price is further broken down into line item s and
categories on Exhibit D attached hereto.

Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in
accordance with the Contract Project Documents listed and att ached to this Amendment and
marked Exhibits A through Exhibit I, as follows:

1.3.1 Exhibit A: List of Drawings, Specifications, addenda and General,
Supplementary and other Conditions of the Agreement on which the Guarantee d Maximum
Price is based.

1.3.2 Exhibit B: A list of Allowance items.

1.3.3 Exhibit C: Assumptions and clarifications made in preparing the GMP
Proposal, noting, in particular, any exclusions. The assumptions and clar ifications shall take
precedence over the drawings and specifications.

1.3.4 Exhibit D: The proposed Guaranteed Maximum Price, including a statement of
the detailed cost estimate organized by trade categories, all owances, contingency, and other
items and the fee that comprises the Guaranteed Maximum Price.

1.3.5 Exhibit E: An update to the Project’s schedule to which the Design-Builder
will agree to be bound. This update shall be prepared at the same level of detail and in the same
manner as the Baseline Schedule, and without any change, to the Substanti al and Final
Completion Dates unless approved by the Department’s Contracting Officer.

1.3.6 Exhibit F: A subcontracting plan setting forth the names and estimated doll ar
volume of the work that will be performed by LSBDEs, as certified by the Department of Small
and Local Business Development, upon which the GMP is based.

1.3.7 Exhibit G: First Source Agreement and Employment Plan.

1.3.8 Exhibit H: Ineligible costs that require further review and approval from the
Department’s Office of Financial Officer before using the cost.

1.3.9 Exhibit I: Capital Eligibility Guidelines.

Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the
Department acknowledge that the Drawings and Specifications are not complete and, as of the
date hereof, that such Drawings and Specifications have reached the level of approximately
100% complete Issued For Construction Project Documents. The Design -Builder, however,
has been actively involved in the design process and hereby represents that it has a sufficient
understanding of the Project to agree to a Guaranteed Maximum Pric e to Fully Complete the
Project. The Design-Builder hereby acknowledges that the GMP Basis Project Documents
provides sufficient detail and information to provide a firm Guar anteed Maximum Price and
that the Guaranteed Maximum Price proposed therein is intended to r epresent the Design-
Builder’s offer to Fully Complete the Project. The Design-Build er and the Department agree
to work together to complete the Drawings and Specifications as p rovided in this Agreement,
consistent with the Guaranteed Maximum Price premises and assum ptions and Project
Schedule.

Section 1.5 Design Intent; Inferable Work. Design-Builder agrees that the
Guaranteed Maximum Price is based on the current state of the des ign, which represents
approximately 100% complete Issued for Construction Project Docume nts. The GMP Basis
Project Documents will include various clarifications and assumpt ions that are intended to
further define the scope of Work that will be required to complete design. The Design-Builder
has included within the Guaranteed Maximum Price sufficient amounts to cover aspects of the
Work that are not shown on the GMP Basis Project Documents. If the Department does not
approve any such scope increase, the Design-Builder shall cause t he Design-Builder’s
Architect to develop a design that is consistent with the original design intent and shall
complete the Work for an amount that does not exceed the GMP.

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

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

Section 1.8 Capital Eligibility. While funding in the amount of $79,361,515.00 is being
certified for capital-eligible items only, there is an ineli gible amount of $883,741.82 listed in
Exhibit H.

ARTICLE 2

INTENT, INTERPRETATION AND CORRELATION

Section 2.1 Intent of the Agreement . The intent of the Agreement is for the
Design-Builder to perform and supply, and the Department hereby engages Design-Builder to
and Design-Builder hereby agrees to perform and supply, the Work, incl uding all necessary
design services, scheduling, procurement, supervision, construction, and c onstruction
management services and supply all necessary labor, materials , equipment and related work
and services necessary to fully complete the Work and obtain the i ntended results of the
Contract Project Documents, including, but not limited to the requireme nts of the Project
Schedule and the Guaranteed Maximum Price requirements set for th 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 Project Documents are complementary, and what is required
by any one of the Contract Project Documents (including either a Drawing or Specification) as
being necessary to produce the intended results shall be binding and r equired as a part of the
Work as if required by all Contract Project Documents.

Section 2.2 Design-Builder’s Compliance with Contract Projec t Documents .
Design-Builder agrees, accepts and assumes that the Department 's decision will require
implementation of the most stringent requirements among any conflicti ng provisions of the
Contract Project Documents as being part of the Work. The Design-Builder agrees to be bound
by all decisions by the Department to implement the most stringent of any conflicting
requirements within the Contract Project Documents. Any failure by Design-Builder to seek
such clarifications shall in no way limit the Department's ab ility to require implementation,
including replacement of installed Work at a later date at Des ign-Builder's sole expense, to
achieve compliance with the more stringent requirements. Without li miting the generality of
the foregoing, the Design-Builder hereby agrees as follows:

2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any o ption herein conferred,
shall not be construed as a waiver or relinquishment of the Depa rtment's right thereafter to
require compliance with such provision of this Agreement, or as be ing 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 betwe en the
Drawings and Specifications, Design-Builder shall provide the better quality or greater quantity
of Work or materials, as applicable, unless the Department directs otherwise in writing.
2.2.3 Design-Builder shall be responsible for dividing the Work among the
appropriate Subcontractors and Vendors. No claim will be entertained by the Department based
upon the organization or arrangement of the Specifications and/or the Dr awings into areas,
sections, subsections or trade disciplines.
2.2.4 Detail drawings shall take precedence over scale drawings, and fi gured
dimensions on the Drawings shall govern the setting out of the Work.
2.2.5 Unless the Specifications expressly state otherwise, refe rences to documents
and standards of professional organizations shall mean the latest editions published prior to the
Effective Date.
2.2.6 Technical words, abbreviations and acronyms in the Contract Project
Documents shall be used and interpreted in accordance with customar y usage in the
construction industry.
2.2.7 Whenever consent, permission or approval is required from any party pursuant
to the provisions of the Contract Project Documents, such consent, perm ission or approval
shall, unless expressly provided otherwise in this Agreement, be give n or obtained, as
applicable, in writing.

ARTICLE 3
[INTENTIONALLY OMITTED]

ARTICLE 4

OTHER PROVISIONS

Section 4.1 Design-Builder’s Responsibilities. The Design-Builder also expressly
acknowledges that this Project and the Work will proceed on a "fa st-track" method of
construction, i.e., construction will commence without final Drawings and Specifications in
place. More specifically, while Drawings and Specifications are complete for certain portions
of Work, the design process will continue for other portions during construc tion based on the
Guaranteed Maximum Price premises and assumptions. The Design-Builder has been, and will
continue to be, an active participant in the design process. Given such participation, the Design-
Builder represents that it is familiar with the scope and quality of those aspects of the Project
that have not yet been fully designed, and has taken such scope and qual ity matters into
consideration in preparing each component of the Guaranteed Maximum Pr ice. The Design-
Builder agrees to work with the Department in managing the constructi on and design work to
complete the design process. The Design-Builder shall manage t he Project, including
coordinating redesign or value engineering necessary or advisable for cert ain aspects of the
Project at any stage of the design process in order to bring the cost of such Work within or
below, but not in excess of, the respective allowances or the budgeted or allocated amounts for
other items contained in the Guaranteed Maximum Price. Once the Dr awings and
Specifications are complete, it is recognized by the Design-Bui lder and the Department that
the scope of the Guaranteed Maximum Price may include Work not expressly indicated on the
Contract Project Documents, but which is reasonably inferable f rom the Contract Project
Documents, and such Work shall be performed without any increase in the Guaranteed
Maximum Price or extension of Contract Time, except if and to the extent otherwise expressly
provided in this Agreement.

ARTICLE 5

MISCELLANEOUS PROVISIONS

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

Section 5.2 Integrated Agreement. This Amendment and any attachment hereto
set forth the entire agreement and understanding of the parties rega rding the transactions
contemplated hereby and supersede all prior oral and written agr eements, arrangements and
understandings relating to the subject matter hereof. There are no oral or written agreements
or understandings, representations or warranties among the parties othe r than those set forth
herein.
Section 5.3 Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be
considered one and the same instrument.
Section 5.4 Construction. This Agreement shall be construed fairly as to all parties
and not in favor of or against any party, regardless of which party prepared the Agreement.
IN WITNESS WHEREOF , each of the parties to this Amendment to Agreement
(DCAM-23-CS-RFP-0009) has caused it to be executed by its duly aut horized representative
on the dates set forth below.
DISTRICT OF COLUMBIA GOVERNMENT, by and through its
DEPARTMENT OF GENERAL SERVICES
By:
Name:
Title:
Date:
CHIARAMONTE-DAVIS, A JOINT VENTURE
By:
Name :
Its:
Date:
Frank Chiaramonte
Committee Member of Chiaramonte-DAVIS , A Joint Venture
06/11/2025
RAMONTE-
DA VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI VI S, A J OI
-1-

DESIGN-BUILD AGREEMENT
FOR
J.O. WILSON ELEMENTARY SCHOOL MODERNIZATION
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
AND
CHIARAMONTE-DAVIS, A JOINT VENTURE
CONTRACT NUMBER: DCAM-23-CS-RFP-0009

-2-

PROJECT INFORMATION

A. PROJECT SUMMARY

1. Project Name:
Design-Build Services for J.O. Wilson
Elementary School Modernization
2. Project Address: 660 K Street NE, Washington, DC 20002
3. Agreement Type: Design-Build with Guaranteed Maximum
Price
4. Client Agency: District of Columbia Public Schools
(“DCPS” or “Client Agency”)
5. Design-Builder: Chiaramonte-DAVIS, A Joint Venture
6. Agreement Amounts:
i. Initial NTE: $27,185,263.00 (see Schedule of
Values attached as Exhibit Y)
ii. Project Budget: $75,000,000.00
7. Design-Builder Compensation:
i. Design Fee (including
Construction Administration): $4,652,445.00
ii. Design-Build Fee: $3,150,000.00
a. Base Design-Build Fee: (60% of
Design-Build Fee) $1,890,000.00
b. At-Risk Design-Build Fee: (40%
of Design-Build Fee) $1,260,000.00
iii. Lump Sum General Conditions
Cost: $3,850,000.00
iv. Owner-Directed Al lowances
(see Exhibit Z for allowances
included in the NTE Amount):
a. Permit Allowance (including the cost for
Department of Buildings’ (“DOB”)
Velocity Program), $900,000.00;
b. Public Art Allowance, $450,000.00;
c. Utility Allowance, $500,000.00;
d. Public Space Improvements Allowance,
$500,000.00; and
e. Six Months Maintenance Allowance,
$500,000.
-3-

v. Preconstruction Fee (15% of the
Base Design-Build Fee) $283,500.00
vi. Contingency: To be determined at GMP
8. Liquidated Damages: $500.00 per day
9. Disincentive Fee for Failure to
Timely Submit Deliverables:
$7,500.00 plus $500.00 per day, per
deliverable
10. GMP Basis Project Documents
Submission Date: June 2024
11. Substantial Completion Date: July 15, 2026
12. Final Completion Date: January 15, 2027
13. Administrative Term Expiration
Date: March 15, 2027
14. Letter Contract:

Period of Performance
From October 11, 2023 (date of execution
of Letter Contract), through October 7,
2024
NTE Amount: $995,000.00
15. GMP Basis Project Documents Design Development Documents
16. Key Personnel Replacement: $25,000.00 per replacement
17. Assumptions and Clarifications Refer to Exhibit AB

Page 4 of 121

DESIGN-BUILD AGREEMENT
J.O. WILSON ELEMENTARY SCHOOL MODERNIZATION
DCAM-23-CS-RFP-0009
THIS AGREEMENT (“Agreement” or “Contract”) is made by and between the
DISTRICT OF COLUMBIA GOVERNMENT (the “District”), acting by and through its
DEPARTMENT OF GENERAL SERVICES (the “Department” or “DGS”), and
CHIARAMONTE-DAVIS, A JOINT VENTURE, a joint venture duly organized under the
laws of the District of Columbia, and with a place of business at 2260 Minnesota Avenue SE,
Washington, DC 20020 (the “Design -Builder” or “Contractor” and collectively with the
Department, the “Parties”).
RECITALS
WHEREAS, the Department issued a Request for Proposals dated March 9, 2023 (the
“RFP”) to engage a design -builder to prepare a design for and to construct and complete the
work at J.O. Wilson Elementary School (“J.O. Wilson ES”) Modernization located at 660 K
Street NE, Washington, DC 20002 (the “Project”); and
WHEREAS, the Department intends to implement the Project through a design-build
approach. The scope of work for the Project will be divided into two phases: (i) the design and
preconstruction phase; and (ii) the construction phase; and
WHEREAS, the Department requires that the Project be completed no later than July
15, 2026 (“Substantial Completion Date”); and
WHEREAS, the Design-Builder submitted a proposal entitled “Design-Build Services
for J.O. Wilson Elementary School Modernization” dated [Date] to provide design-build
services for the Project; and
WHEREAS, the Department retained the Design -Builder to provide design-build
services for the Project, which is to include design, preconstruction, and construction services
for J.O. Wilson Elementary School Modernization;
WHEREAS, the Design-Builder will provide the architectural, engineering,
construction, and related services necessary to complete the Project, subject to the terms and
conditions set forth in this Agreement; and
WHEREAS, the Department has retained the services of a program manager (the
“Program Manager”) to advise it concerning the Project; and
WHEREAS, the Department has established a budget and the Design- Builder will
conduct its work in accordance with an underlying budget for the Project, which includes but
is not limited to all design fees, hard and soft construction costs, fees, general conditions of the
Design-Builder, and including an allowance for the maintenance of the school and grounds per
the maintenance and operations plan until achieving Final Completion (such budget, the
“Project Budget”); and

Page 5 of 121

WHEREAS, the Department and the Design-Builder entered into a letter contract dated
October 11, 2023 (the “Letter Contract”) pursuant to which the Design-Builder was authorized
to proceed with certain design , preconstruction, abatement, and demolition services in
furtherance of the Project.
NOW, THEREFORE, the Department and Design -Builder, for the consideration set
forth herein, mutually agree as follows.

Page 6 of 121

DEFINITIONS
Section 1.1. Administrative Term.
The Agreement shall have an administrative term (the “Administrative Term”) that runs
from the effective date of the notice to proceed to the Administrative Term Date set forth in
the Project Information Section above. In addition, within this time the Design-Builder shall
execute and submit a Final Release of Liens and Claims in a form and format required by a
Contracting Officer (“CO” or “Contracting Officer ), inclusive of providing the Department
with a complete set of any product manuals ( “O&M”) and training videos, if applicable . The
Administrative Term is established for the sole purpose of permitting the Department’s Office
of the Chief Financial Officer to process payments in the event any payments become
due. Notwithstanding the foregoing, nothing herein shall be construed to extend the Substantial
Completion Date; extend the Final Completion Date; or, limit the Department’s ability to assess
liquidated damages thereon.
Section 1.2. Agreement.
The term s “Agreement” or “Contract” shall mean this entire, integrated agreement
between the Department and the Design-Builder with respect to the Project, consisting of this
document and the Exhibits thereto, including but not limited to the Standard Contract
Provisions ( Construction Contracts and Architectural/Engineering Services Contracts, the
construction documents released for the Design-Builder’s use and any change orders, contract
modifications or change directives that have been executed by the Department.
Section 1.3. Client Agency.
The governmental or quasi -governmental entity, represented by the Department,
requesting the Project.
Section 1.4. Construction Documents.
The final Drawings and Specifications, as prepared, sealed by the Design-Builder’s
architect in accordance with the law, and issued by the Design -Builder for the purpose of
obtaining bids from potential trade subcontractors and material suppliers for use in constructing
the Project.
Section 1.5. Construction Phase Services.
Services provided throughout the construction phase during which the Design-Builder
shall carry out the bulk of the construction and manage the completion of the design for the
Project.
Section 1.6. Cost of General Conditions.
The Cost of General Conditions shall have the meaning set forth in Section 8.2 of this
Agreement.
Section 1.7. Cont ract Documents.
The term “Contract Project Document(s)” refers to one or more components of the
Project documents that comprise the Agreement between the Department and the Design -
Builder, including any modifications or changes thereof, the drawings and specifications, and
any addenda to the RFP issued thereto.
Section 1.8. Design and Preconstruction Phase Services.
The services to be provided under Article 3 constitute the design & preconstruction
phase services to be performed by the Design-Builder.

Page 7 of 121

Section 1.9. Drawings.
The drawings are the graphic and pictorial portions of the Contract Project Documents,
wherever located and wherever issued, showing the design, locations , and dimensions of the
Work, generally including plans, elevations, sections, details, schedule, and diagrams.
Section 1.10. Final Completion.
The point at which Substantial Completion has been achieved, all punch list items noted
at Substantial Completion have been completed and all Project documents the Design-Builder
is required to deliver to the Department as a condition to receiving final payment have been
delivered.
Section 1.11. Final Completion Date.
The date established in the Agreement by which the Design-Builder shall achieve Final
Completion. The Final Completion Date may be modified only by Change Order or Change
Directive in accordance with the Agreement.
Section 1.12. Fully Complete.
To undertake all of the Work necessary to fully construct and complete the Project and
execute all tasks necessary to obtain the final certificate of occupancy for the Project from the
District of Columbia; submit final lien releases from the Design-Builder and Subcontractors
and material suppliers; complete all punch list items to the Department’s approval and sign -
off; and cause all representations, warranties, and guarantees to be honored and otherwise fulfill
all of the requirements set forth in the Agreement.
Section 1.13. Guaranteed Maximum Price or GMP.
The maximum amount, including, but not limited to, the design-build fee and the Cost
of the Work, that will be paid to the Design-Builder to Fully Complete the Project as set forth
in Article 4. The Guaranteed Maximum Price (“GMP”) may be modified only by Change
Order, Contract Modification, or Change Directive in accordance with the Agreement. The
GMP shall be established in the GMP Amendment.
Section 1.14. Hazardous Material.
Hazardous Material includes but is not limited to, any toxic substance or hazardous
chemical defined or regulated pursuant to federal, state, or local laws relating to pollution,
treatment, storage or disposal of waste, or protection of human health or the environment. Such
laws include, without limitation, the comprehensive environmental response , Compensation
and Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the
Clean Air Act, and laws relating to emission, spills, leaks, discharges, releases or threatened
releases of toxic material. The term Hazardous Materials shall also include petroleum and
petroleum bi-products.
Section 1.15. Notice to Proceed.
A written notice to proceed, signed by the Department’s Contracting Officer, directing
the Design -Builder to proceed with the Project or any portion of the Project (“Notice to
Proceed” or “NTP”).
Section 1.16. Project Schedule.
The schedule for the Project (“Project Schedule”) agreed upon by the Department and
the Design-Builder. Such schedule shall include a baseline schedule as updated periodically
by the Design-Builder, approved by the Department. The Project Schedule shall not be changed
except by a Contract Modification, Change Order or Change Directive issued by the
Department’s CO or Contracting Officer. The Project Schedule shall be in a form and contain

Page 8 of 121

such detail as may be agreed upon by the Parties.
Section 1.17. Self-Performed Work.
The parties hereby agree that “Self-Performed Work” means and shall encompass trade
work performed by employees of (1) the Design -Builder; (2) any entity that is a partner or
member of the entity comprising the Design-Builder; (3) any entity that controls, is controlled
by, or is under common control with the Design -Builder; or (4) any en tity that controls, is
controlled by, or is under common control with any entity that is part of the Design-Builder.
Self-Performed Work is distinguished from trade work performed by subcontractors
unaffiliated with the Design-Builder or the entities of which the Design-Builder is comprised.
Section 1.18. Services.
The services to be provided pursuant to the Agreement which shall include the Design
& Preconstruction Phase Services and the Construction Phase Services necessary to deliver the
Project.
Section 1.19. Specifications.
The Specifications are that portion of the Contract Project documents consisting of the
written requirements for materials, equipment, construction systems, standards and
workmanship for the Work, and performance of related services.
Section 1.20. Standard Contract Provisions.
The District of Columbia Department of General Services Standard Contract Provisions,
Gener
al Provisions (Construction Contract s and Architectural/Engineering Services
Contracts), as amended, is attached hereto as Exhibit J and incorporated herein.
Section 1.21. Subcontractor.
Any person, natural or legal, to whom the Design-Builder delegates the performance of
any portion of the Work required by the Agreement. The term “Subcontractor,” used without
a qualifier, shall mean a subcontractor in direct contractual privity with the Design-Builder.
“Subcontractors at all tiers” shall mean not only those Subcontractors in direct contractual
privity with the Design -Builder and not the Department, but also those performing Work
pursuant to sub- subcontracts, and so on. “Subcontractors” shall include both those who are
retained to perform labor only and those who are retained both to perform labor and to supply
material or equipment. “Subcontractors” shall also include design professionals who are not
the Design-Builder’s employees and to whom the Design- Builder delegates any part of its
responsibilities under the Agreement, except that references to “trade Subcontractors” shall
exclude design professionals.
Section 1.22. Substantial Completion.
Substantial Completion shall mean that all of the following have occurred: (1) the
construction and installation work have been completed with only minor punch list items
remaining to be completed; (2) the Project has obtained a DOB Certificate of Occupancy, final
DOB Certification of Occupancy shall be received within thirty (30) days of Substantial
Completion; and all other required permits or approvals have been obtained; (3) all Operation
and Maintenance Manuals have been finalized, submitted, and approved ., all Operations and
Maintenance Manuals shall be submitted to the Department six months prior to Substantial
Completion; (4) required trainings per Turnover Manual have been scheduled within thirty (30)
days of the Substantial Completion Date; the Design-Builder shall provide final videotaped
recordings within thirty (30) days of the Substantial Completion Date; (5) E. Draft
Warranties have been submitted and approved; (6) the Project has obtained DC Department of
Health approval of the kitchen and health suite; (7) the Project site has been deep cleaned and

Page 9 of 121

cleared of any debris; (8) the Project is ready for the Department and Client Agency to use it
for its intended purpose; ( 9) all equipment, supplies, materials and items to be installed have
been installed in accordance with the manufacturer’s specifications and industry standards and
have undergone and passed the requisite testing and inspections. “Minor punch list items” are
defined for this purpose as items that, in the aggregate, can be completed within thirty (30)
days without interfering with the Department or Client Agency’s normal use of the Project;
and (10) commissioning is complete, and a final punch list is documented with completion
dates established.
Section 1.23. Substantial Completion Date.
The date established herein by which the Design- Builder shall achieve Substantial
Completion. The Substantial Completion Date may be modified only by Change Order ,
Contract Modification, or Change Directive in accordance with the Agreement.
Section 1.24. Work.
The term “Work” refers to any and all work done in the performance of the services
necessary, at any and all phases of the Agreement, to Fully Complete the Project.

Page 10 of 121

GENERAL PROVISIONS
Section 2.1. Letter Contract
The Parties acknowledge that certain of the investigation, design, and preconstruction
activities described in Article 3 of this Agreement were performed pursuant to the Letter
Contract between the Parties dated October 11, 2023. Pursuant to the terms of the Letter
Contract, upon execution of this Agreement by the Department (the “Agreement Effective
Date”), the Letter Contract shall automatically terminate and shall merge into and be
superseded by this Agreement. The Parties agree that any services provided or work performed
pursuant to the merged Letter Contract, and prior to the Agreement effective Date, shall be
governed by the terms and conditions of this Agreement.
Section 2.2. Term and Termination
The period of performance under this Agreement shall commence from the date of
execution of the Letter Contract by the Department and shall terminate upon the expiration of
the Administrative Term or upon termination by the Department pursuant to Articles 5 and 6
of the Standard Contract Provisions (Construction Contracts) and Article 8 of the Standard
Contract Provisions (Architectural & Engineering Services Contracts).
Section 2.3. Relationship of Parties.
The Design-Builder accepts the relationship of trust and confidence established with the
Department by this Agreement, and covenants with the Department to furnish the Design-
Builder’s reasonable skill and judgment and to cooperate with the Program Manager in
furthering the interests of the Department. The Design- Builder shall use its best efforts to
perform the Work and complete the Project in an expeditious and economical manner
consistent with the interests of the Department. The Department shall endeavor to promote
harmony and cooperation among the Department, Design- Builder, Program Manager, and
other persons or entities employed by the Department for the Project. In performing its duties
under this Agreement, the Design-Builder shall at all times use the standard of care used by
Design-Builders that construct projects similar to the Project in type, size , and scope in large,
urban areas. Whenever the term “competent” is used herein to describe the Design -Builder’s
actions or duties, that term shall re fer to the level of competence customarily possessed by
those Design-Builders that construct projects similar to the Project in type, size , and scope in
large, urban areas.
Section 2.4. Confidentiality of Information
The Design-Builder shall assure and keep all information and data obtained throughout
the performance of the Project whether related to the Agreement, the Work in all of its aspects,
the Department, and the Department’s employees confidential, during and following the term
of the Agreement and shall not use the information in connection with any other matters; nor
shall it disclose any such information to any other person, firm or corporation, unless disclosure
is required pursuant to a court order, subpoena or other regulatory authority. The Design-
Builder shall not be divulged of confidential information without the individual’s and the
Department’s written consent and only in accordance with District’s or Federal laws, codes
and regulations. The Design- Builder and any Subcontractors who utilize, access, or store
personally identifiable information as part of the performance of this Agreement are required
to safeguard this information and immediately notify the Department of any breach or
suspected breach in the security of such information. The Design- Builder and all
Subcontractors shall allow the Department to both participate in the investigation of incidents
and exercise control over decisions regarding external reporting. The Design-Builder,

Page 11 of 121

Subcontractors, and their respective employees working on this Project may be required to sign
a confidentiality statement.
Section 2.5. Project Description.
The Design-Builder shall provide design-build services required for a fully modernized
facility of J.O. Wilson Elementary School (the “School”) , located at 660 K S treet NE,
Washington, DC 20002. The Project includes full design and construction services for an
approximately 93,000 square feet school facility for the School. The Design- Builder shall
design and construct a combination of renovation of the existing and new construction to
increase the existing footprint to accommodate the square footage required in the District of
Columbia Public Schools (“DCPS”) educational specifications (“Ed Specs(s)” or “Educational
Specifications”). The Department anticipates the demolition of the existing octagon that
currently houses the School’s library, but the Design-Builder shall recommend a design that is
most advantageous to the Project . The School will not be relocating to their off -site swing
space until February of the 2024/2025 school year, so the Design-Builder shall not have access
to the existing building and site until March 1, 2025.
Generally, the Design -Builder’s responsibilities shall include, but will not be limited to, the
following:
a) To confirm the design and construction of the Project in accordance with the RFP
Documents, including all applicable attachments.
b) To provide all design, construction, and construction management services necessary to
implement the goals of the Project inclusive of, but not limited to, the following: civil,
architectural, electrical, structural, and mechanical design services as required for the
Project; construction management services inclusive of budgeting, value engineering
(“Value Engineering”), scheduling, Project phasing, Project administration, management,
and coordination of subcontractors. Design scope shall also include full design and
specifications, with a minimum of two options for basis -of-design for each, of the
Furniture, fixtures, and equipment (“FF&E”) for GMP pricing.
c) To conduct subsurface investigation work if and as required for the Project.
d) To furnish and provide all materials, management, personnel, equipment, hazardous
material abatement, supervision, labor, and other services necessary to complete the
Project.
e) To provide the necessary design, consultants , and documentation for all permitting,
zoning, historic preservation, and US Commission of Fine Arts approvals.
f) To provide move coordination and logistics support for the Project.
g) To confirm the design and construction meet the requirements of Appendix Z of the 2017
DC Energy Conservation Code and can be certified Net Zero Energy through the
International Living Future Institute’s (“ILFI”) Zero Energy Building program or U.S.
Green Building Council’s (“USGBC”) LEED Zero program.
h) If applicable, the Design-Builder shall obtain Chapter 2 and Chapter 3 permits from the
Department of Energy and Environment (“DOEE”) prior to the installation of a boiler.

The Design -Builder shall provide the Department with a GMP based on the Design
Development Documents and a subsequent GMP package shall follow this Agreement.
During the Construction Phase, the Design-Builder shall construct the Project. During
the Construction Phase, the Design-Builder shall be required to cause the Work to be completed
in a manner consistent with the design documents and phasing plan approved by the
Department and shall provide all labor, materials, insurance, bonds, and equipment necessary

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to fully complete the Project in accordance with the drawings, specifications, Project Schedule,
and Project Budget that are issued for the Project. The Design-Builder shall be responsible for
paying for and obtaining all necessary permits and paying all necessary fees for utility
connections and the like.
Section 2.6. Program Manager.
The Department has engaged a Program Manager to provide certain program
manage
ment functions. Such Program Manager shall, at all times, be acting solely for the
benefit of the Department, not the Design-Builder. The Design-Builder hereby acknowledges
and agrees that only a duly authorized and designated Contracting Officer shall have the
authority to issue Change Orders , Contract Modifications, or Change Directives on the
Department’s behalf. As of the date that this Agreement is executed , the Department’s
duly authorizing Contracting Officers are set forth in Exhibit I.
Section 2.7. General Description of Design-Builder’s Duties.
Generally, the Design-Builder shall perform the Services in a professional workmanlike
manner. The Design-Builder shall supply and furnish at the location where the Work is to be
performed all design service, labor, materials, equipment, tools, services, and supervision, and
shall bear all items of expense, necessary to complete and satisfactorily perform this
Agreement, except such items that the Department, in this Agreement, specifically agrees to
supply or furnish to or for the use of Design-Builder. Any labor, materials, equipment, tools,
services, or supervision not specifically described in this Agreement, but which may be fairly
implied as required thereby or necessary to properly complete the Work, shall be deemed
within the scope of work (“Scope of the Work” or “SOW”) and shall be provided by the
Design-Builder at Design-Builder’s sole expense.
The Design -Builde r will be required to work with the Department and the Project
stakeholders through a collaborative design process to advance the programmatic educational
specifications (“Educational Specifications” or “Ed Specs”) to a fully realized Project in
accordance with the available Project budget. The Design-Builder will be required to engage
in extensive pre-design and preconstruction efforts to ensure that the design is developed in a
manner consistent with the Department’s goals for the Project (e.g., programmatic, budgetary,
schedule and quality); to develop a comprehensive Project phasing; to solicit competitive trade
bids for the construction work and to develop an acceptable guaranteed maximum price and
corresponding scope and schedule for the work, and to implement the requisite construction
and other work necessary no later than the Substantial Completion Date. The Design-Builder
will be required to provide move coordination and logistics support. The Design-Builder shall
be responsible for all items of cost except for those items set forth in Section 9.7 of this
Agreement and will be required to provide a “turn-key” Project ready for occupancy by District
of Columbia Public Schools (“DCPS” or “Client Agency”).
Section 2.8. Warran ties and Representations

1. All disclosures, representations, warranties, and certifications the Design-
Builder makes in its proposal in response to the RFP shall remain binding
and in effect throughout the term of the Agreement. The Design-Builder
reaffirms that all such disclosures, representations, warranties, and
certifications are true and correct.
2. If any disclosure, representation, warranty or certification the Design-
Builder has made or makes pursuant to the RFP or the Agreement,
including, without limitation, representations concerning the Design-

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Builder’s construction or design experience and qualifications, claims or
litigation history or financial condition, is materially inaccurate, that shall
constitute a material breach of the Agreement, entitling the Department to
any and all available remedies.
3. The terms and conditions of this Sec tion 2.8 shall apply during both the
Design & Preconstruction and Construction Phases.
Section 2.9. Resp onsibility for Agents and Contractors.
At all times and during both the Design & Preconstruction and Construction Phases, the
Design-Builder shall be responsible to the Department for any and all acts and omissions of
the Design -Builder’s agents, employees, Subcontractors, Sub- Subcontractors, m aterial
suppliers, laborers, and agents and employees of the Subcontractors, Sub-Subcontractors,
material suppliers, and laborers performing or supplying Work in connection with the Project.
Section 2.10 Buildin g Information Modeling . Building Information
Modeling (“BIM”) is required to be used throughout the lifecycle of the Project, including all
Project phases from Project planning and concept design through construction, as -built, and
into facilities management. The BIM requirements are provided as Exhibit S. It is expected by
the Department that all team members are to be committed to the use of BIM in the Project,
share their ideas of BIM expertise with the team, provide BIM data as requested by other team
members, look for cost savings and schedule improvements during the entire Project duration,
and endeavor to leave as a legacy a fully updated, as-built, facility management ready building
information model.

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DESIGN-BUILDER’S DESIGN & PRECONSTRUCTION SERVICES
Section 3. Preconstruction Services.
During the design and preconstruction phase, the Design- Builder, in consultation with
the Department, shall (i) develop conceptual plan and cost estimates; (ii) develop a draft final
conceptual site plan/response and cost estimate; (iii) prepare and submi t soft and hard copies
of the complete set of 35% Schematic Design Documents; (iv) prepare and submit soft and
hard copies of the complete set of 60% Design Development Documents, Specifications and
Design-Builder’s cost estimate and schedule; (v) prepare soft and hard copies of the complete
set of 95% Construction Documents, Specifications and Design- Builder’s cost estimate and
schedule; (vi) review existing condition assessment and recommendation, and (vii) obtain all
necessary building permits to support the Project Schedule.
Without limiting the generality of the foregoing, during the Preconstruction Phase, the
Design-Builder shall: (i) work with its Architect and any design consultants to advance the
design for the Project in consultation with the Client Agency, the Department, and its Program
Manager; (ii) obtain bids from trade subcontractors to perform the work described in the Design
Development Documents and provide bid tabulations to the Department; (iii) engage in any
Value Engineering and scoping exercises necessary to return the cost of the work to the Project
Budget; (iv) engage in preconstruction activities, including identifying any long-lead items; (v)
develop a GMP proposal for the Project; and (vi) enter into a GMP for the Project. Throughout
the Design & Preconstruction Phase, the Design-Builder shall schedule and attend regular
meetings with the Department, the Program Manager, and the Design- Builder’s
Architect/Engineer.
Section 3.1. Design and Preconstruction Phase Initial Deliverables
Section 3.1.1. Building System Assessment. If requested by the Department, within
fourteen (14) days after the Preconstruction NTP is issued, the Design- Builder shall conduct
an assessment report of the building systems and submit a written report to the Department that
assesses whether the existing building systems can accommodate the new space or if additional
systems need to be added as part of this modernization. Such report shall take into
consideration the nature of this Project and the proposed Educational Specifications. This
report shall assess all of the buildings ’ key systems, including, but not limited to, HVAC,
kitchens, roof, windows, electrical, lighting, audio visual equipment, intercom, fire alarms, and
plumbing.
Section 3.1.1.1 Baseline Schedule. Within ten (10) days after the Preconstruction NTP
is issued, the Design-Builder shall prepare and submit a Baseline Schedule for the Project (the
“Baseline Schedule”). The Baseline Schedule shall be subject to review and approval by the
Department, and the Design- Builder shall incorporate such adjustments to the Baseline
Schedule as may be requested by the Department. The Baseline Schedule shall be prepared in
a critical path method (“CPM”) in a sufficient level of detail to permit the Department and the
Design-Builder and any other affected parties to properly plan the Project. The Baseline
Schedule shall show: (i) key design milestones and bid packages; (ii) release dates for long-
lead items; (iii) release dates for key subcontractors; and (iv) Substantial and Final Completion
Dates. The Baseline Schedule shall include durations and logic ties for all relevant Project
activities. The Baseline Schedule must also be submitted in Primavera 6 native format and
shall be updated by the Design-Builder, at a minimum, on a bi-weekly basis. In addition to the

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bi-weekly Project schedule, a weekly 3-week look ahead schedule shall be required.
The Project schedule is attached hereto as Ex hibit B.
Section 3.1.1.2 Concept Design. No later than 12 weeks after the Preconstruction NTP
is issued, the Design-Builder shall prepare and submit a proposed concept design the Ed Spec.
As part of the concept design phase, the Department requests three (3) concept options or
alternatives. Each of the concept designs shall contain at least the level of detail contemplated
in industry best practices for a concept design. The design submittal shall specifically identify
any deviations from the Educational Specifications and shall explain the rationale and cost
implications associated with such deviations. The Department shall have the right to disapprove
the concept design submittal for any reason. Following review of the concept design
submissions by DCPS and the Department, the Department shall approve a final concept
design. The Design-Builder shall re vise the concept design submission as necessary to
incorporate comments, feedback, and other direction provided by DCPS and the Department.
The Design -Builder’s pricing shall assume that such revisions will be required, and such
revisions shall not entitle the Design-Builder to additional compensation. The requirements for
the Concept Design are as referenced in Exhibit W.

Section 3.1.1.3 Preliminary Budget Estimate. Concurrently with the delivery of the
concept design, the Design-Builder shall submit a detailed cost estimate of the proposed design
(such estimate, the “Preliminary Budget Estimate”). With regard to building systems (i.e. roofs,
doors, HVAC, security, IT, etc.), the Preliminary Budget Estimate shall be prepared on a
“system” basis that identifies the key building systems or functions and allocates an estimated
cost for each such system. The Design-Build Fee, the general conditions cost, and
contingencies shall be broken out in separate line items. The primary purpose of the
Preliminary Budget Estimate is to aid the Department and the Client Agency in understanding
the costs associated with key elements of the Project to better prioritize and manage the use of
the funding allocated to this Project. All estimates shall be broken out into three categories:
renovation, new construction, and site work, where applicable.
Section 3.1.1.4 Baseline Budget and Program. The Department shall provide the
Design-Builder with a baseline budget and program and comments on the concept design. Such
approval shall be provided (or signed by) the Department’s Deputy Director for Capital
Construction (the “Deputy Director”). In the event the Design-Builder does not receive such
approval within fourteen (14) days after submitting the Preliminary Budget Estimate, it shall
so advise the Program Manager (“PM”), the Deputy Director, and the Contracting Officer in
writing of such failure and request direction. If the Design-Builder fails to provide such notice,
the Design-Builder will be proceeding at its own risk and will be responsible for any redesign
costs associated with budget revisions.
Section 3.1.1.5 Construction Management Plan. The Design-Builder shall submit
a draft of its construction management and project phasing plan (“Construction Management
Plan”) within fourteen (14) days after the Preconstruction NTP is issued to include, but is not
limited to, noise control, hours for construction and deliveries, truck routes, trash and debris
removal plan, traffic and parking control, communications procedures, emergency procedures,
quality control procedures, dust control, public street cleaning and repair, planned occupancy
of public ways, erosion control, tree protection plan, vibration monitoring, existing and
adjacent building surveys plan , temporary fire protection measures, Project signage, pest
control, construction staging plan, and construction logistics plan.

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Section 3.1.1.6 Disi ncentive Fee for Failure to Timely Provide Deliverables . The
Design-Builder acknowledges that the Department is engaging the Design- Builder to provide
an extensive level of preconstruction support services to minimize the potential for cost
overruns, schedule delays , or the need for extensive Value Engineering/re -design late in the
Project and that the deliverables required under this Section 3.1 are key to identify the value
of such services. In the event the Design-Builder fails to deliver any of the deliverables required
in Section 3.1 (and unless such failure is the result of any event of Force Majeure), the Design-
Builder shall be subject to a disincentive fee in an amount of Seven Thousand Five Hundred
Dollars ($7,500.00) plus Five Hundred Dollars ($500) per day after receiving written notice
from the CO of failure to submit such deliverables.
Section 3.1.1.7 Additional Preconstruction Services. In a ddition to those items
enumerated above, the Design -Builder shall provide such preconstruction services as are
necessary to properly advance the Project. These services shall include, but are not limited to,
scheduling, estimating, shop- drawings, the ordering of long- lead materials, condition
assessments, conservator studies, archeological studies, recommended testing, additional
geotechnical testing, and monitoring of historic assets.
Section 3.1.2 (Reserved)
Section 3.1.3 Design Services; Design Reviews.
The Design-Builde r shall meet with the representatives of the Department and Client
Agency throughout the Design & Preconstruction Phase as the design progresses in order that
these representatives and other stakeholders can have input in and approve the design direction
at appropriate times. The Design-Builder shall ensure that the design is developed in a manner
consistent with the Project budget, i.e., designed-to-budget, as well as the programmatic
requirements set forth and attached hereto as Exhibit A and the Department’s other
requirements for the Project. The Project shall be designed in such a way so as to achieve, at
a minimum, LEED for SCHOOLS – GOLD principles. All Design Documents shall be
prepared by the Design- Builder’s duly licensed architects and engineers. The GMP basis
documents and all interim design submissions shall be subject to review and approval by the
Department, and the Design-Builder shall be required to revise these Project documents to
address concerns raised by the Department and/or other Project stakeholders and such revisions
shall not entitle the Design-Builder to an increase in the Design Fee.
Section 3.1.3.1 Desi gn Management. During the Design and Preconstruction Phase,
the Design-Builder, in consultation with the Department, shall (i) develop conceptual
plan and cost estimates; (ii) develop a draft final conceptual site plan/response and cost
estimate; (iii) prepare and submit soft and hard copies of the complete set of 35%
Schematic Design Documents; (iv) prepare and submit soft and hard copies of the
complete set of 60% Design Development Documents, Specifications and Design-
Builder’s cost estimate and schedule; (v) prepare soft and hard copies of the complete
set of 95% Construction Documents, Specifications and Design-Builder’s cost estimate
and schedule; (vi) review existing condition assessment and recommendation, and (vii)
obtain all necessary building permits to support the Project Schedule.
Without limiting the generality of the foregoing, during the Preconstruction Phase, the
Design-Builder shall: (i) work with its Architect and any design consultants to advance
the design for the Project in consultation with the Client Agency, the Department, and
its Program Manager; (ii) obtain bids from trade subcontractors to perform the work

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described in the Design Development Documents and provide bid tabulations to the
Department; (iii) engage in any Value Engineering and scoping exercises necessary to
return the cost of the work to the Project Budget; (iv) engage in preconstruction
activities, including identifying any long-lead items; (v) develop a GMP proposal for the
Project; and (vi) enter into a GMP for the Project. Throughout the Design &
Preconstruction Phase, the Design-Builder shall schedule and attend regular meetings
with the Department, the Program Manager, and the Design-Builder’s Architect.
Between the time the Preconstruction NTP is issued and the time the GMP is accepted
by the Department, the Design-Builder shall use commercially reasonable best efforts to
ensure that: (i) the design evolves in a manner that is consistent with the Departme nt’s
budget and programmatic requirements, as the same were defined and established by the
Department at the end of the concept design; (ii) the design work is properly coordinated;
and (iii) the required design deliverables are produced on or before the dates
contemplated in the Project Schedule. As part of this undertaking, the Design-Builder
shall provide the following:
Section 3.1.3.1.1 Schematic Design. The Design-Builder shall prepare a schematic
design for the Project that is a logical development of the approved concept design
and is consistent with the Department’s schedule, budget, and programmatic
requirements. The schematic design shall contain at least the level of detail
contemplated in industry best practices for a schematic design. The design submittal
shall specifically identify any deviations from the approved concept design and shall
explain the rationale, cost, and time implications associated with such deviation. The
Department shall have the right to disapprove the schematic design submittal for any
reason. The Design-Builder shall provide maintenance and repair cost services for
major design components and mechanical, electrical , and plumbing (“MEP”)
systems selected at the schematic design phase, which includes conducting a 40-year
life cycle cost analysis, which includes a detailed list of replacement costs,
maintenance costs, an estimate of repair costs, anticipated energy costs, and a list of
other relevant life cycle costs.
Following a review of the schematic design submission by DCPS and the
Depart
ment, the Design -Builder shall make revisions to the schematic design
submission as necessary to incorporate comments, feedback, and other direction
provided by DCPS and the Department. The Design-Builder’s pricing shall assume
that such revisions will be required, and such revisions shall not entitle the Design-
Builder to additional compensation. The requirements and tasks for the Schematic
Design are as referenced in Exhibit W.
Section 3.1.3.1.2 Schematic Budget Estimate Update. Concurrent with
submission of the schematic design, the Design- Builder shall submit a budget
update. The budget update shall be submitted in the same format as the preliminary
budget estimate and shall show variations from the preliminary budget estimate. The
Design-Builder shall include a cost estimate and value engineering analysis and
detailed recommendations for Project savings (even if the Project is not over budget).
To the extent the budget update shows an overrun from the approved budget, the
Design-Builder shall submit value engineering (not scope reductions, but true value
engineering that allows the design to meet all Project requirements within budget)
suggestions that would return the Project to budget. Only the Department shall have
the authority to increase the Project budget, and absent such direction, the Deign-

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Builder shall proceed on the assumption that the budget remains as originally
directed by the Department.
Section 3.1.3.1.3 Constructability/Sole Source/Long-Lead Time Memorandum.
Concurrently with the Schematic Design Budget Estimate, the Design-Builder shall
prepare a memorandum identifying key construction concerns related to the Project.
Such memorandum shall: (i) assess the constructability issues related to the Project,
including site logistics; (ii) identify any items where the design is predicated on a
single manufacturer and, if so, identify at least two (2) comparable products; and
(iii) identify any long- lead delivery items that could adversely affect the schedule
contemplated in this RFP. To the extent any such long-lead items are identified, the
memorandum shall make recommendations for addressing such items.
Section 3.1.3.1.4 Entitlements. The Design-Builder shall prepare, as part of the
design and pre -construction phase, such materials and make such presentations as
are necessary to obtain the required land use and entitlement approvals. Approvals
may be required from but not limited to (i) the Office of Zoning, (ii) Office of
Planning (OP), and (iii) the Commission of Fine Arts (CFA).
Section 3.1.4 Design Development Phase & Early Release Packages.
The Design-Builder shall prepare a set of Design Development Documents that is a
logical development of the approved schematic design and is consistent with the
Department’s schedule, budget ,and programmatic requirements. The Design
Development Documents shall contain at least the level of detail contemplated in
industry best practices for Design Development Documents. The design submittal shall
specifically identify any deviations from the approved schematic design and shall
explain the rationale and cost implications associated with such deviation. The Design-
Builder shall include a cost estimate and Value Engineering Analysis and Detailed
Recommendation for Project savings (even if the Project is not over budget). The
Design-Builder shall provide maintenance and repair cost services, which include
conducting a 40- year life cycle cost analysis, which includes a detailed list of
replacement costs, maintenance costs, an estimate of repair costs, anticipated energy
costs, and a list of other relevant life cycle costs. The Design-Builder shall further refine
and expand upon the Maintenance and Operations Plan that was submitted in the
Schematic Submission. The Department shall have the right to disapprove the Design
Development Documents submittal for any reason.
Section 3.1.4.1 Design Development Submission. The Design -Builder shall prepare
the design development submission for review and comment by the Client Agenc ies and the
Department. Such design development submission shall include the elements and information
listed below:
The design development submittal shall include at least, but not limited to, the following:

a) Detailed and dimensioned plans, wall sections, building sections, and
schedules;
b) Draft Specifications for materials, systems, and equipment;
c) Complete code compliance analysis and drawing;

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d) Space-by-space equipment layouts for key spaces. As part of the design
development phase, the Design- Builder and/or the Design-Builder’s
architect and any design consultants shall confer with representatives from
DCPS and the Department regarding these lay outs to confirm that they are
acceptable to DCPS;
e) A final design and layout for furniture, fixtures, and equipment;
f) An interior finishes schedule;
g) Preliminary designs for all building system upgrades, including low
voltage/AV/IT. With regard to HVAC systems, the submission should
include: (i) a detailed description of the proposed mechanical systems; (ii)
their general layout, including “Single-Line Diagrams ” (aka “Riser
Diagrams”); and (iii) any required load calculations. The HVAC design
solution would also include preliminary layouts of other major components
of the HVAC system, including the type and location of energy recovery
units (“ERUs”), variable air volume (“VAV”) boxes, condensing units, and
any related system appurtenances;
h) Updated LEED scorecard;
i) Present the design to CFA, OP, HPO, and other regulatory agencies as
required;
j) Register the Project with the U.S. Green Building Council (“USGBC”) to
obtain LEED certification and pay all registration fees;
k) Register the Project with ILFI or U.S. Green Buildings
l) Register the Project with the I nternational Well Building Institute (“IWBI”)
for WELL Gold Certification
m) Participate in SIT Meetings, and community meetings as required by
DGS/DCPS;
n) Coordinate with the DC HPO and other agencies, commissions, groups, etc.
as required to assess and determine historic and/or archeological
significance and requirements. Attend meetings and hearings if necessary;
o) Respond in writing to all DCPS and DGS comments on plans;
p) Prepare a presentation and provide a minimum of three (3) presentation
boards for each community meeting and present/display onsite. Presentation
boards shall be in full color and include at least four (4) 3-D renderings;
Presentations shall also include a digital slide presentation;
q) Coordinate final utility plans as required;
r) Act as scribe for all design-related meetings. Distribute meeting minutes to
all attendees;
s) Baseline Schedule monthly updates in the format set forth in the RFP; and
t) Prepare and submit one (1) electronic copy in PDF of Design Development
Documents, including detailed specifications, Cost Estimate, and schedule
to the District staff for review and approval. (60% plan review).
Components to include, but are not limited to:

i. Site plans, paving layouts, traffic circulation, lighting, signage, and
utilities;
ii. Floor plans, Structural, Civil, Architectural, mechanical, electrical,
and plumbing (“MEP”), Fire Protection and landscaping, etc.;
iii. Exterior elevations, rendering, and color palette;
iv. Building sections and details as required;
v. Interior elevations, casework, and millwork elevations as required;
vi. Playground equipment, if applicable;

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vii. Stormwater management;
viii. Food service or other equipment as required;
ix. LEED Information as appropriate;
x. WELL Score Card;
xi. Final Draft of the “Percent for Art” Public Art Package to be used as
the scope for the Artists’ RFP;
xii. Cost Estimate;
xiii. Value Engineering analysis and detailed recommendation for
Project savings (even if the Project is not over budget);
xiv. Energy Report that includes all recommended strategies applicable
to achieving the energy consumption goals (EUI requirements);
xv. Maintenance and Operations Plan; and
xvi. Quality Control Plan.

Section 3.1.4.2 Early Release Packages / Long Lead Materials /Abatement &
Demolition.
Section 3.1.4.2.1 Abatement & Selective Demolition. Once the concept design
has been approved, the Department may release the Design-Builder to
commence hazardous material abatement and interior demolition, or other early
activities, as applicable. It is envisioned that this work may be released in
advance of the GMP.
Section 3.1.4.2.2 Long Lead Materials. The Department will release funding
for long-lead items once the Schematic Design Documents have been approved.
If the Design-Builder believes an earlier release is required in order to meet the
Project Schedule, it shall advise the Department and make a recommendation as
to the requested release date. Any decision to authorize an early start shall be
made by the Department in its sole and absolute discretion
Section 3.1.4.2.3 Permits. The Design -Builder shall be responsible for
preparing and submitting all of the required permit applications that are
necessary to complete the Project. The Design -Builder shall develop a list of
the required permits and shall track the progress of all such permits through the
review process. The Design-Builder shall update the Department with the status
of each permit that is required for the Project. The Design-Builder shall engage
such permit expediters as the Design-Builder deems necessary or appropriate in
light of the Project’s schedule. The Design- Builder shall participate in DOB’s
Velocity accelerated plan reviews and permit approval program as part of the
permit allowance included in this Contract. The Design-Builder shall provide
the resources necessary to support these requirements.

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Article 4 - FORMATION OF GMP PROPOSAL
Section 4.1. General.

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

As part of the GMP Amendment, the Design- Builder shall certify that the GMP
established thereby (i) contains sufficient amounts to perform all Work necessary for the Final
Completion of the Project; and (ii) contains sufficient amounts to provide and construct any
items or facilities that are not contained in the GMP Basis Project Documents, but which are
necessary for a fully functioning facility that meets the programmatic requirements established
for the Project. The Design-Builder will further covenant and agree in the GMP Amendment
that it will perform all of the construction work necessary for the Final Completion of the
Project, including, without limitation, aspects of the Work that are not shown on the GMP Basis
Project Documents, but which are a logical development of the design intent reflected in the
GMP Basis Project Documents, for an amount not to exceed the GMP.
Section 4.2 Review of GMP Basis Project Documents.
The Department has selected the Design -Builder, in large part, because of its special
expertise in constructing similar projects. Before submitting its Guaranteed Maximum Price,
the Design-Builder shall review the GMP Basis Project Documents for accuracy,
constructability, and completeness and shall bring such deficiencies to the attention of the
Department and shall cause its Architect to address any such deficiencies. To the extent that
any such deficiencies in the GMP Basis Project Documents could have been identified by such
review by a competent Design-Builder, such deficiencies shall not be the basis for a change in
the GMP or delaying the Project Schedule.
Section 4.3 Contingency.
The Cost of the Work shall include a contingency, which shall be a sum established by
the Department and the Design-Builder to cover, among other things costs necessary to address
scope expansion that is a logical development of the design, issues arising from or as a result
of deficiencies in the GMP Basis Project Documents and other costs which are properly
reimbursable as Cost of the Work but not the basis for a Change Order, such as costs that were
not reasonably foreseeable as of the effective date of this Agreement, including such items as
emergencies, unforeseeable changes in market conditions for materials or labor, or subsurface,
soils or site conditions that were neither known nor reasonably discoverable as of the effective
date of the Agreement (the “Contingency”). During the Construction Phase, the Design-
Builder shall keep the Program Manager and the Contracting Officer informed as to the status
of the Contingency and shall, at a minimum: (i) advise the Program Manager and Contracting
Officer when draws reach 3% upon the contingency in a timely manager; and (ii) provide the

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Program Manager and Contracting Officer with running status of the Contingency balance at
least once every two (2) weeks.
Section 4.4 Trade Bids.

Section 4.4.1 Subcontractors and Suppliers; Bidding Procedures. During
the Design & Preconstruction Phase, the Design- Builder shall seek to develop
subcontractor interest in the Project. Within fifteen (15) days after the completion of
the schematic design, the Design-Builder shall provide to the Department for its review
and approval a written submission on the proposed bidding procedures. Such procedures
shall include: (i) a list of proposed trade packages; (ii) a list of trade subcontractors that
will be invited to bid on each such package; and (iii) a narrative description of the
process. At least three (3) potential subcontractors shall be identified for each trade
package. A copy of this deliverable must be submitted to both the Program Manager
and the Contracting Officer. In the event the Department does not approve the proposed
bidding procedures within fifteen (15) days after its receipt, such procedures shall be
deemed approved unless the Department advises that such is still under review.
Section 4.4.2 Bidding . Following the Department’s approval of the Design
Development Documents, the Design-Builder shall manage the trade bidding process in
accordance with the approved bidding procedures and shall use commercially
reasonable best efforts to solicit at least three (3) qualified and bona fide bids for each
trade package that has an expected value in excess of One Hundred Thousand Dollars
($100,000). Trade packages shall not be parceled, split or divided to avoid the $100,000
threshold. In addition to the information normally required in such bids, the Design-
Builder shall also require subcontractors to provide an estimate of the percentage of
labor hours performed in completing the subcontracted work that will be performed by
District residents. The Design -Builder shall carefully document its procedures for
making available bid packages to potential bidders, the contents of each bid package,
discussions with bidders at any pre-bid meetings, bidders’ compli ance with bid
requirements, all bids received, th e Design-Builder’s evaluations of all bids, and the
basis for the Design- Builder’s recommendation as to which bidders should be chosen.
The Department shall be afforded access to all such records at all reasonable times so
that, among other things, it may independently confirm the Design-Builder’s adherence
to all requirements set forth in the Agreement, including, without limitation, affirmative
action requirements and subcontracting requirements.
Section 4.4.3 Bid Tab . As part of the negotiations leading up to the GMP, the
Design-Builder shall provide to the Department tabulations of the trade bids solicited
and copies of all trade bids. In general, the bid tab shall be presented in a tabular format
that compares the bids received and any other relevant information (i.e. exclusions, past
performance history, etc.). The bid tabulation shall include scope assessments and
identify required leveling of the trade submitted. To the extent that the Design-Builder’s
award recommendation is based on scoping adjustments, the Design- Builder shall
clearly identify the scoping adjustment and the need for such adjustments. Such bid
tabulation shall include LSDBE utilization information in addition to price and other
information. Such bid tabulations as well as copies of the bids shall be submitted to the
Department’s Program Manager. The Design -Builder represents and warrants that the
bid tabs so submitted shall fairly represent the results of the subcontractor bidding
process and that the Design -Builder shall not misrepresent any such data to the
Department or its Program Manager.

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Section 4.5 Value Engineering.
Based on the trade bids received, the Design-Builder shall prepare a written report
of suggested Value Engineering strategies necessary to reconcile the costs of
constructing the Project Budget, if necessary. The Design -Builder shall meet with the
Department’s representatives to discuss any Value Engineering and changes in the scope
necessary to ensure that the Department’s schedule and programmatic requirements are
met and that the budget is not exceeded. The Design- Builder shall cause the Design-
Builder’s Architect to implement and price any approved Value Engineering strategies.
Section 4.6 Basis of Guaranteed Maximum Price.
Based on the trade bids, the Design- Builder shall submit a GMP proposal to the
Department. The GMP Proposal shall include the following elements:
a) A list of drawings, specifications, addenda, general, supplementary, and
other conditions on which the GMP is based.
b) A list of unit prices and allowance items and a statement of their basis. The
Design-Builder shall include the following allowances: Permit Allowance
(including cost for the DOB’s Velocity Program) ($900,000.00), Public Art
Allowance ($450,000.00), Utility Allowance ($500,000.00), Public Space
Improvements Allowance ($500,000.00), and Six Months’ M aintenance
Allowance ($500,000.00).
c) Assumptions and clarifications made in preparing the GMP Proposal, noting
in particular any exclusions. The assumptions and clarifications shall take
precedence over the drawings and specifications. The Design-Builder shall
prepare a separate memorandum that highlights any differences between the
then-approved drawings and the modifications made in the assumptions and
clarifications. Such memorandum shall specifically address any changes in
the Project aesthetics, functionality, or performance.
d) The proposed GMP, including a statement of the detailed cost estimate
organized by trade categories, allowances, contingency, and other items and
the fees that comprise the GMP.
e) An update to the Project’s schedule to which the Design-Builder will agree
to be bound. This update shall be prepared in the same level of detail and in
the same manner as the Baseline Schedule, and without any change to the
Substantial and Final Completion Dates unless approved by the
Department’s Contracting Officer.
f) A subcontracting plan setting forth the names and estimated dollar volume
of the work that will be performed by LSBDEs, as certified by the
Department of Small and Local Business Development, upon which the
GMP is based.
g) A summary of Capital Cost vs Operating Cost Eligibility.
h) A list of additive alternates or deductive alternates with defined executable
dates, if any.
i) GMP and any Council Package cost estimate summary shall be broken
down into three categories as applicable: New Construction, Renovation,
and Sitework.
j) Each GMP may include an agreed upon sum as the Design- Builder’s
Contingency and the Owner contingency, each of which shall be identified
as a separate line item in the GMP's Schedule of Values.

A. Construction contingency

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

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

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Department, which will be available to compensate the Design -Builder
for the increased Cost of the Work incurred by the Design- Builder due
to a Contract Modification or to other increases in the Cost of the Work
which the Department determines, in its sole discretion, is its
responsibility. The Department may increase, decrease or eliminate the
Owner contingency at any time.
Section 4.7 Department Review of GMP Proposal.
The Design-Builder shall meet with the Department to review the GMP Proposal and
the written statement of its basis. In the event that the Department discovers any
inconsistencies or inaccuracies in the information presented, the Department shall promptly
notify the Design-Builder, who shall make appropriate adjustments to the GMP Proposal, its
basis, or both.
Section 4.8 Department Acceptance of GMP Proposal.
The Department and the Design -Builder shall meet to negotiate the terms of the GMP
Proposal. If the GMP Proposal is acceptable to the Department, the Department shall submit
the resulting GMP Amendment for review and approval by the Council for the District of
Columbia (the “Council”). The GMP shall be subject to review and approval by the Council
for the District of Columbia in the event it exceeds the previously approved contract value by
more than $1 million. In such event, the GMP shall not be effective until so approved. Please
note that the Council submission and approval timeline varies, and Offerors should plan for
60-90 days on average for this process, taking into consideration that the Council is not in
session over the summer months.
Section 4.9 GMP Amendment.
In the event that an acceptable GMP Proposal is not developed and a GMP Amendment
is not executed, the Agreement will be terminated. In the event the Agreement is terminated
pursuant to this Section, the Department shall be free to use any of the Project documents and
information developed through the date of termination to retain a new contractor to complete
the Project. In such an event, the Design -Builder shall only be entitled to Fifty percent (50%)
of the Preconstruction Fee.
Section 4.10 Assignment Upon Failure to Reach GMP.
In the event that the Department and the Design -Builder are unable to agree upon a
GMP, the Department shall have the right to terminate this Agreement, and if requested by the
Department, the Design-Builder shall assign any trade subcontracts and its agreement with the
Design-Builder’s Architect to the Department upon such terms and conditions and at the time
requested by the Department. In such an event, the Design-Builder shall forfeit fifty percent
(50%) of the Preconstruction Fee.
Section 4.11 Certification.
As part of the GMP Proposal submitted in accordance with this Article, the Design-
Builder agrees to specifically acknowledge and declare that the Contract Project Documents
are sufficiently complete to have enabled the Design-Builder to determine the Cost of the Work
therein in order to enter into the GMP Amendment and to enable the Design- Builder to agree
to construct the Work outlined therein in accordance with applicable laws, statutes, building
codes and regulations to the best of Design-Builder’s knowledge, and otherwise to fulfill all its
obligations hereunder. The Design- Builder shall further acknowledge that it has visited the
site, examined all conditions affecting the Work, is fully familiar with all of the conditions
thereon and affecting the same, and, has carefully examined all drawings and specifications
provided to it.

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Section 4.12. Unsafe Materials and Hazardous Materials

Section 4.12.1. The Design- Builder shall not bring, spill or release onto the site
asbestos, polychlorinated biphenyls (“PCBs”), or any other Hazardous Material that is
not customarily used in a facility of the type and similar to the Project, and shall bring
it to the Department’s attention any specification of such Hazardous Materials in the
Design Documents. If the Design- Builder believes that anything in the Agreement
would require that it use or bring onto the site asbestos, PCBs, or any Hazardous
Material that is not customarily used in a facility of the type and similar to the Project,
it shall immediately inform the Department and seek direction before proceeding.
Section 4.12.2. The Design-Builder shall abate and remove Hazardous Materials on or
within the site as necessary to complete the Work contemplated by this Agreement.
The Design -Builder shall comply with all laws, including, without limitation, the
requirements of the Environmental Protection Agency (“EPA”) and all jurisdictional
agencies, as well as all laws relating to safety, health welfare, and protection of the
environment, in removing, treating, encapsulating, passivating, and/or disposing of
Hazardous Materials, including, but not limited to, removal, treatment, encapsulation,
passivation, and/or disposal of the Hazardous Materials. If any notices to governmental
authorities are required, the Design-Builder shall also give those notices at the
appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal
sites are appropriately licensed and qualified.
Section 4.12.3. The Design -Builder shall be entitled to submit a change request in
accordance with Article 3 of the Standard Contract Provisions (Construction Contracts)
in the event the Design-Builder encounters Hazardous Materials beyond those
contemplated in the Contract Documents.
Section 4.12.4. The Design -Builder shall keep detailed records documenting Work
done so that the Department may independently verify compliance with all laws, the
number of units actually removed, treated, and/or disposed of, and the appropriate unit
price(s) applicable to the Work.

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Article 5 - CONSTRUCTION PHASE
Section 5.1 General.
The Construction Phase shall not commence until the Department issues a NTP for
Construction Phase Services. The Design- Builder shall, through Subcontractors or, with the
written consent of the Department, with the Design-Builder’s own forces, perform all of the
Work necessary to construct the Project so that it is complete, safe, and properly built in strict
accordance with the approved Construction Project documents and the other requirements of
this Agreement. Without limitation, the Design-Builder shall provide all of the labor, materials,
tools, equipment, temporary services, and facilities necessary to complete the Project in
accordance with the drawings, specifications, Schedule, and Budget that are issued for the
Project. The Design- Builder shall be responsible for paying for and obtaining all necessary
permits and to pay all necessary fees for utility connections. The Work shall be carried out in
a good and workmanlike, first-class manner, and in a timely fashion. All materials and
equipment to be incorporated into the Project shall be new and previously unused unless
otherwise specified by the Department and shall be free of manufacturing or other defects.
Section 5.1.1 Construction Administration. The Design -Builder, through its
Architect/Engineer, shall provide construction administration services to support the
construction phase of the Project.
The Work shall be accomplished in accordance with the following:
a. Manage all aspects of the Project.
b. Manage weekly progress meetings. Site visits are included in the Design-Build Fee.
c. Provide completed Quality Control checklists for implementation of the Project.
d. Review and process shop drawing submissions, RFIs, etc.
e. Prepare meeting notes and records of decisions/changes made.
f. Conduct pre-closeout inspections.
g. Review closeout documents for completeness, such as As -Built Drawings based on
the Contractor’s red line drawings and/or coordinated set developed during the
subcontractor coordination process. As -Built Drawings should be transmitted to
DGS in hard copy, PDF, CAD, and BIM formats.
Section 5.1.2 Unrenovated Portions of the Structure. In constructing the
Project, the Design -Builder shall ensure that unrenovated portions of existing
structures, if any, including, but not limited to, the mechanical, plumbing,
electrical systems, and other building systems are not adversely affected. All
unrenovated portions of the structures should function, at a minimum, at the level
of functionality that existed immediately prior to the construction of the Project.
If any unrenovated portion of the Project funct ions at a lower level of
functionality as a result of the Design-Builder’s Work, the Design-Builder shall
be back -charged the costs incurred by the Department in addressing the
decreased functionality.
Section 5.2 Design Completion.

Section 5.2.1 Mid-Point Construction Project Document Review. Based on the
approved Design Development Documents and any approved Value Engineering, the Design-

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Builder shall prepare a set of Construction Documents. It is contemplated that the Construction
Documents will be issued in several different sets (i.e. architectural, electrical, mechanical,
structural, etc.). As each such set reaches a point where it is approximately fifty percent (50%)
complete, the Design-Builder shall prepare and submit a progress printing to the Department
for its review and comment.
Section 5.2.2 Cons truction Project Document Review & Coordination. The Design-
Builder shall complete each of the Construction Documents packages in a manner that
addresses the concerns raised by the Department during the review contemplated in Section
5.2.1 for such package. The Design-Builder shall issue one or more sets of permit documents
to the Department for its review and approval (“Permit Set”). With regard to each such set, the
Design-Builder shall highlight (or bubble) any aspect of the design t hat represents a material
deviation from the approved Design Development Documents and shall address in a narrative
format the impact, if any, such departure shall have on the Project’s aesthetics, functionality or
performance. The Department shall have the right to disapprove the Construction Documents
for any reason. If the Department disapproves of the Construction Documents, the Design-
Builder will not be entitled to any additional compensation. If, however, the Department
disapproves a Construction Document that is a logical extension of the approved Design
Development Documents, the Design-Builder will be entitled to an adjustment to the GMP
and/or the Project Schedule unless such a package departs from the Scope of Work fairly
reflected in the GMP Drawings and Specifications and in such event the Design- Builder shall
be required to prepare a revised design that complies with the GMP drawings and specifications
(“Drawings and Specifications”) and without any entitlement to an increase in the GMP or an
adjustment of the Project Schedule.
Section 5.2.3. Co de Review. The Design- Builder shall submit the Permit Set to the
DOB in order to obtain the necessary building permits for the Project. The Design-Builder
shall monitor the permit process and shall incorporate any changes or adjustments required by
the Code Official. The Design-Builder shall also issue any such changes to the Department for
its review and approval. In this submittal, the Design-Builder’s Architect shall highlight (or
bubble) any aspect of the design that represents a material deviation from the permit set Project
documents and shall address in a narrative format the impact, if any, such departure shall have
on the Project’s aesthetics, functionality or performance. Subsequent to obtaining the necessary
building permits, the Design-Builder shall prepare one or more sets of “issued for construction
Project documents” (the “IFC Set(s)”).
Section 5.2.4. Design Changes. If it should become necessary to amend any of the
approved IFC Set(s), the Design-Builder shall prepare an amendment to the drawings and shall
submit such amendment to the Department for its review and approval. In this submittal, the
Design-Builder shall highlight (or bubble) any aspect of the design that represents a material
deviation from the permit set documents and shall address in a narrative format the impact, if
any, such departure shall have on the Project’s aesthetics, functionality or performance. In the
event the Department does not approve such document within ten (10) business days after
issuance, unless otherwise denied, such document shall be deemed approved, provided
however that the Department has not advised that such document is still under review.
Section 5.2.5 Thi rd Party Contractors . The Department will hire third party
contractors for plan review and for testing and material inspections. The Design- Builder shall
coordinate and work with the Program Manager and third- party plan reviewer during the
building permit process.

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Section 5.2.6 Final Maintenance and Operations Plan . The Design -Builder shall
submit, for the Department’s review, a final Maintenance and Operations Plan. The
Maintenance and Operations Plan shall be based on the final IFC Set(s). The approved
Maintenance and Operations Plan shall form the basis of the Design-Builder’s maintenance of
the building following Substantial Completion.
Section 5.3 Subcontracting and Administration

Setion 5.3.1 It is contemplated that all or substantially all of the construction of the
Project will be carried out by trade Subcontractors and that those trade subcontracts will be
awarded through the competitive bid process contemplated in Section 4.4. The Design-Bui lder
shall enter into a written agreement with each subcontractor. The trade subcontractors will be
underwritten contract with the Design-Builder. All subcontracts and agreements for the supply
of equipment or materials awarded for the Project shall be fixed -price contracts unless
otherwise expressly authorized by the Department, in writing. It is understood and a greed,
however, that certain trade packages (such as the mechanical and electrical packages) may be
awarded on a design-assist or design-build basis and that such trade packages may be awarded
on such other basis subject to the Department’s consent as to the bidding procedures and
economic structure with regard to those packages. The Design-Builder and its affiliates may
not carry out trade work with its own forces without the Department ’s written permission,
which permission may be withheld or conditioned by the Department in its sole and absolute
judgment.
Setion 5.3.2 In a ddition to the open book reporting requirements set forth in Section
5.10, the Design- Builder shall provide to the Department a copy of all quotes or proposals
submitted by potential subcontractors.
Setion 5.3.3 The D esign-Builder shall develop a purchasing strategy to address the
expedited schedule and conditions of this Project and shall include appropriate provisions in
the subcontracts to minimize the cost impact associated with such conditions. Such strategies
may include, but are not limited to (i) obtaining from subcontractors unit price quotes for
typical coordination items; (ii) setting aside allowances for coordination work; and (iii) such
other techniques as may be employed by the Design-Builder.
Setion 5.3.4 The Design-Builder shall carefully document its procedures for making
available bid packages to potential bidders, the contents of each bid package, discussions with
bidders at any pre-bid meetings, bidders’ compliance with bid requirements, all bids received,
the Design-Builder’s evaluations of all bids, and the basis for the Design- Builder’s
recommendation as to which bidders should be chosen. The Department shall be afforded
access to all such records at all reasonable times so that, among other things, it may
independently confirm the Design- Builder’s adherence to all requirements set forth in the
Agreement including, without limitation, affirmative action requirements and subcontracting
requirements.
Setion 5.3.5 The Department may, in its sole discretion, reject any or all bids and
proposals received for any bid package, and may require the Design- Builder to obtain new or
revised bids or proposals.
Setion 5.3.6 The Department may, in its sole discretion, direct the Design-Builder to
accept a bid from a qualified bidder other than the bidder to whom the Design-Builder
recommends award of a subcontract or supply agreement. If the Department chooses this
option, it shall issue a Change Order to the Design-Builder for any difference between the cost

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of the subcontractor supply agreement awarded and the bid price of the Subcontractor or
supplier recommended by the Design-Builder, but without any adjustment to the Design-Build
Fee.
Setion 5.3.7 The Department must approve all Subcontractors and suppliers. The
Department may elect to review the form of any subcontractor agreement with a material
supplier to ensure that such contract incorporates the contractual provisions required by this
Agreement.
Setion 5.3.8 The Design-Builder must contract for the provision of all services and
materials for the Project (other than Self-Performed Work which must be authorized in advance
and in writing by the Department) via written subcontracts or, for contracts requiring the
provision of materials or equipment only, and not labor, via written supply agreements. All
subcontracts and supply agreements shall include the following provisions:
Section 5.3.8.1 that, to the extent of the work or supply within the
agreement’s scope, the Subcontractor or supplier is bound to the Design-Builder for the
performance of all obligations which the Design- Builder owes the Department under
the Agreement;
Section 5.3.8.2 that the Subcontractor or supplier is not in privity with
the Department and shall not seek compensation directly from the Department on any
third-party beneficiary, quantum meruit, or unjust enrichment claim, or otherwise,
except as may be permitted by any applicable mechanic’s lien law;
Section 5.3.8.3 that the Department is a third -party beneficiary of the
subcontractor supply agreement, entitled to enforce any rights thereunder for its benefit;
Section 5.3.8.4 that the Subcontractor or supplier consents to the
assignment of its agreement to the Department, at the Department ’s sole option, if the
Design-Builder is terminated for default;
Section 5.3.8.5 that the Subcontractor or supplier shall comply
immediately with a written order from the Department to the Design-Builder to suspend
or stop work;
Section 5.3.8.6 that the Subcontractor or supplier shall maintain records
of all Work it is requested or authorized to do on a time and material or cost-plus basis,
or with respect to claims that it has asserted on a time and materials or cost- plus basis,
during the Project and for a period of time specified in the General Conditions and
requiring the Subcontractor or supplier to make those records available for review or
audit by the Department during that time;
Section 5.3.8.7 that the Subcontractor shall obtain and maintain,
throughout the Project, workers’ compensation insurance in accordance with the laws
of the District of Columbia (This provision is not applicable to supply agreements);
Section 5.3.8.8 that, if the Department terminates the Agreement for
convenience, the Design -Builder may similarly terminate the Subcontractor supply
agreement for convenience, and that the Subcontractor or supplier shall, in such a case,
be entitled only to the costs set forth in Article 6 of the Standard Contract Provisions
(Construction Contracts);

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Section 5.3.8.9 that the Department shall have the right to enter into a
contract with the Subcontractor or supplier for the same price as its subcontractor
supply agreement priceless amounts already paid if the Design-Builder files a voluntary
petition in bankruptcy or has an involuntary petition in bankruptcy filed against it;
Section 5.3.8.10 that the Subcontractor or supplier shall not be entitled to
payment for defective or non- conforming work, materials, or equipment, and shall be
obligated promptly to repair or replace non-conforming work, materials, or equipment
at its own cost;
Section 5.3.8.11 a provision requiring that Subcontractors and suppliers
promptly pay Subcontractors and suppliers at lower tiers, imposing upon the
Subcontractors and suppliers a duty to pay interest on late payments, and barring
reimbursement for interest paid to lower-tier Subcontractors or suppliers due to a
Subcontractor’s or supplier’s failure to pay them in a timely fashion;
Section 5.3.8.12 a provi sion requiring that all Subcontractors at all tiers
comply with the provisions of Article 13 (Economic Inclusion Goals); provided,
however, that the Design -Builder may, in its reasonable discretion impose a different
LSDBE subcontracting goal on some or all of its Subcontractors; provided, further,
however, that nothing in this provision shall be deemed to excuse the Design-Builder
from using its best efforts to achieve the LSDBE subcontracting goal on an aggregate
basis for the Project;
Section 5.3.8.13 a provi sion which allows the Design-Builder to withhold
payment from the Subcontractor if the Subcontractor does not meet the requirements of
the subcontract;
Section 5.3.8.14 lien and claim release and waiver provisions
substantially identical to those in this Agreement.
Setion 5.3.9 Within seven (7) calendar days of receiving any payment from the
Department that includes amounts attributable to Work performed or materials or equipment
supplied by a Subcontractor or supplier, the Design-Builder shall either pay the Subcontractor
or supplier for its proportionate share of the amount paid to the Design-Builder for the
Subcontractor’s or supplier’s Work or materials or equipment or notify the Department and the
Subcontractor or supplier, in writing, of the Design-Builder’s intention to withhold all or part
of the payment and state the reason for the withholding. All monies paid to the Design-Builder
under the Agreement shall be used first to pay amounts due to Subcontractors or suppliers
supplying labor or materials for the Project and only money remaining after such payments are
made may be used for other items such as the Design-Build Fee. Monies paid by joint check
shall be deemed to have been paid fully to the Subcontractor or supplier named as a joint payee
unless the Department agrees otherwise in writing. Any interest paid to Subcontractors or
suppliers because the Design-Builder has failed to pay them in a timely fashion shall not be
reimbursable as part of the Cost of the Work.
Setion 5.3.10 The Design-Builder shall not enter into any profit sharing, rebate, or
similar arrangement with any Subcontractor or supplier at any tier with respect to the Project
or the Work to be carried out for the Project.

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Setion 5.3.11 The Design-Builder shall not substitute or replace any subcontractor or
supplier approved by the Department without the Department's Contracting Officer and
DSLBD’s prior written consent.
Setion 5.3.12 The Department has the right to contact Subcontractors or suppliers at
all tiers, or material or equipment suppliers directly to confirm amounts due and owing to them
or amounts paid to them for Work on the Project, and to ascertain from the Subcontractors or
suppliers at all tiers their projections of the cost to complete their work or to supply their
material or equipment, or the existence of any claims or disputes. In doing so the Department
shall not issue any directions to Subcontractors or Suppliers at any tier.
Setion 5.3.13 If it comes to the Department’s attention that a Subcontractor or supplier
has not been paid in a timely fashion (other than for disputed amounts), and if the Design-
Builder fails to cure the problem within five (5) calendar days after the Department gives it
written notice of the failure to pay, the Department may make payments to the Subcontractor
or supplier and Design- Builder by joint check. If the payment was already made to the
contractor, the joint check be for future payments (if any).
Setion 5.3.14 The D esign-Builder shall be required to provide an evaluation of each
of its subcontractors’ performance by completing and submitting to the Department the
Subcontractor Performance Evaluation Form set forth as Exhibit O, as follows:
(a) Within ninety (90) days of initiating the Construction Phase; and
(b) Within thirty (30) days after the Final Completion of the Project.
Setion 5.3.15 The Design -Builder shall be required to provide to the Contracting
Officer a certificate of insurance for each subcontractor before such subcontractor begins work.
Section 5.4 Weekly Progress Meetings & Schedule Updates.
The Design -Builder shall schedule and conduct, at a minimum, weekly progress
meetings following the Design- Builder’s generated agenda at which the Department, the
Design-Builder’s Architect , the Program Manager, the Design-Builder, and appropriate
Subcontractors can discuss the status of the Work. The Design- Builder shall prepare and
promptly distribute meeting minutes. In addition, the Design- Builder shall submit bi- weekly
schedule updates, which shall reflect actual conditions of Project progress as of the date of the
update. The update shall reflect the actual progress of construction, identify any developing
delays, regardless of their cause, and reflect the Design-Builder’s best projection of the actual
date by which Substantial Completion and Final Completion of the Project will be achieved.
Via a narrative statement (not merely a critical path method schedule), the Design-Builder shall
identify the causes of any potential delay and state what, in the Design-Builder’ s judgment,
must be done to avoid or reduce that delay. The Design-Builder shall point out, in its narrative,
changes that have occurred since the last update, including those related to major changes in
the scope of work, activities modified since the last update, revised projections of durations,
progress, and completion, revisions to the schedule logic or assumptions, and other relevant
changes. Any significant variance from the previous schedule or update shall also be identified
in a narrative, together with the reasons for the variance and its impact on Project completion.
All Schedule updates shall be in a native format reasonably acceptable to the Department (e.g.,
Primavera). The Department may make reasonable requests during the Project for changes to
the format or for further explanation of the information provided. Submission of updates
showing that Substantial Completion or Final Completion of the Project will be achieved later
than the applicable scheduled completion date shall not constitute requests for an extension of

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time and shall not operate to change the scheduled completion date(s). The Department’s
receipt of, and lack of objection to, any scheduled update showing Substantial Completion or
Final Completion later than the dates agreed upon in the Project Schedule shall not be regarded
as the Department’s agreement that the Design-Builder may have an extension of time, or as a
waiver of any of the Department’s rights, but merely as the Design- Builder’s representation
that, as a matter of fact, Substantial Completion or Final Completion of the Project may not be
completed by the agreed-upon date in the Project Schedule. Changes to the scheduled
completion dates may be made only in the circumstances and only by the methods set forth in
this Agreement.
Section 5.5 Written Reports.
The Design-Builder shall provide written reports to the Department on the progress of
the entire Work at least monthly from Preconstruction Notice to Proceed until the Final
Completion of the Project. The monthly report shall include: (i) an updated schedule analysis,
including any plans to correct defective or deficient work or recover delays; (ii) an updated
cost report; (iii) a monthly review of cash flow; (iv) a quality control report; and (v) progress
photos. Such written report shall include the following elements:
Setion 5.5.1 Construction Progress Update. Each monthly update shall contain a
narrative description of the Project progress and a critical path method schedule in Primavera
format, including any plans to correct defective or deficient work or for time lost due to delays.
Setion 5.5.2 Cost Update. The monthly update shall reflect, by Guaranteed
Maximum Price line item, the original line -item amount, approved, pending, and projected
Change Order amounts, the cost incurred to date, the projected cost to complete the Work of
the line item, and any variance between the actually approved budgeted balance of the line item
and the projected cost to complete. A clear distinction must be made between approved Change
Orders and those merely requested or anticipated. The report shall explain all variances
including “buy-outs” or final actual costs including those below their respective Guaranteed
Maximum Price line item. In addition, the report must disclose any instances in which the
Design-Builder has transferred amounts from one line item to another, or from the Contingency
to any other line item. Neither submission nor the Department ’s failure to reject an update
reflecting that the projected cost to complete the Project exceeds the Guaranteed Maximum
Price will operate to increase the Guaranteed Maximum Price or waive the Department’s right
to enforce the Guaranteed Maximum Price. If the report reflects budget overruns, it must also
include a recovery plan.
Setion 5.5.3 Economic Inclusion Report. The monthly report shall include a
detailed summary of the Design -Builder’s efforts and results with respect to the economic
inclusion goals set forth in this Agreement. Such report shall be in a format acceptable to the
Department and shall include, at a minimum: (i) the Design-Builder’s overall performance with
respect to the goals; (ii) a listing of subcontracts and agreements with material suppliers during
the month and the percentage of those subcontracts and agreements with material suppliers
awarded to LSDBEs; (iii) a listing of subcontracts during the month and the estimated
percentage of the labor hours to be worked by District of Columbia residents pursuant to those
subcontracts; and (iv) a description of the major subcontracting and supply opportunities that
will be solicited during the next three (3) months and the actions being taken to meet the
subcontracting goals.
Setion 5.5.4 Cash Flow Update. If there have been any changes to the anticipated
cash flow for the Project, such changes shall be disclosed and explained in the monthly report.
If there are no such changes, the report shall so state.

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Setion 5.5.5 Quality Assurance Report. The monthly report shall include a detailed
summary of the steps that are being employed to ensure quality construction and workmanship.
Each report shall specifically address issues that were raised by the Department and/or its
Program Manager during the prior month and outline the steps that are being taken to address
such issues.
Setion 5.5.6 Progress Photos. The monthly report shall include updated progress
photos that shall detail changes in the Work during the month. The Design-Builder shall also
maintain a daily log containing a record of weather, Subcontractors working on the site, number
of workers, major equipment on the site, Work accomplished, problems encountered and other
similar relevant data as the Department may reasonably require. The log shall be available to
the Department, the Design-Builder’s Architect, and the Program Manager, and on a monthly
basis, a copy of the log shall be submitted to the Department.
Section 5.6 Cost Control System.
The Design-Builder shall use a system of cost control for the Work in a format consistent
with the GMP Drawings & Specifications and approved by the Department, which shall
include, without limitation, regular monitoring of actual costs for activities in progress and
estimates for uncompleted tasks and proposed changes. The Design -Builder shall identify
variances between actual and estimated costs and report the variances to the Department, the
Design-Builder’s Architect, and the Program Manager at regular intervals.
Section 5.7 Key Personnel.

Section 5.7.1 To c arry out its duties, the Design- Builder shall provide at least the key
personnel identified in Exhibit F to this Agreement (“Key Personnel”), who shall carry
out the functions identified in Exhibit F. Among other things, the Key Personnel shall
include:
A - Key P ersonnel of the Design -Builder:
i. Project Manager
ii. Superintendent
iii. Project Executive

B - Key Personnel of the Design-Builder’s Architect/Engineer

i. Project Manager
ii. Project Architect
iii. Principal in Charge
iv. Lead Mechanical Engineer
v. Lead Envelope Consultant

It is contemplated that these Key Personnel will work from the design stage, purchasing,
and throughout the bulk of the fieldwork. The Design- Builder’s obligation to provide
adequate staffing is not limited to providing the Key Personnel but is determined by the
needs of the Project. The Design-Builder shall not replace any of the Key Personnel
without the Department’s prior written approval. If any of the Key Personnel become
unavailable to perform services in connection with the Agreement due to death, disability,
or separation from the employment of the Design-Builder or any affiliate of the Design-
Builder, then the Design- Builder shall promptly notify the Department’s Contracting
Officer and propose a replacement acceptable to the Department. The Department shall

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be entitled to complete information before approving such replacement, including, but
not limited to, a current resume of the proposed replacement to include qualifications and
experience.
Setion 5.7.2 Certai n members of the Design-Builder’s Key Personnel shall be subject
to a replacement fee for their removal or reassignment by the Design-Builder. Those
members of the Design-Builder’s Key Personnel subject to a replacement fee shall be
identified in Exhibit F as subject to the replacement fee provisions. In the event there
is no delineation in Exhibit F of those members of the Design- Builder’s Key
Personnel subject to the replacement fee provisions of this Agreement, then all of the
Key Personnel shall be subject to the replacement fee provisions of this Agreement.
Section 5.7.2.1 Removal or Replacement of Key Personnel. Subject to the
terms of Section 5.7.1, if the Design-Builder replaces one of the key personnel
listed in Exhibit F as being subject to a replacement fee, without the prior
written consent of the Department, then the Design- Builder shall pay to the
Department’s Contracting Officer the amount set forth in the Project
Information Section of this Agreement as replacement fee and not a penalty, to
reimburse the Department for its administrative costs arising from the Design-
Builder’s failure to provide the Key Personnel. The foregoing replacement fee
amount shall not bar recovery of any other damages, costs, or expenses other
than the Department’s internal administrative costs.

Sectio
n 5.7.2.2 In addition, the Department shall have the right, to be
exercised in its sole discretion, to remove, replace , or to reduce the scope of
services of the Design-Builder in the event that a member of the Key Personnel
has been removed or replaced by the Design-Builder without the prior written
consent of the Department ’s Contracting Officer. In the event , that the
Department exercises the right to remove, replace or to reduce the scope of
services of the Design-Builder, the Department shall have the right to enforce
the terms of this Agreement and to keep-in-place those members of the Design-
Builder’s team not removed or replaced and the remaining members shall
complete the services required under this Agreement in conjunction with the
new members of the Design- Builder’s team approved by the Department ’s
Contracting Officer.

Section 5.8 Qualified Personnel/Cooperation.
The Design -Builder shall employ on the Project only those employees and
Subcontractors who will work together in harmony and who will cooperate with one another
on the Project. The Design-Builder shall enforce strict discipline, good order , and harmony
among its employees and its Subcontractors and shall remove from the site any person who is
unfit for the work or fails to conduct herself or himself in a proper and cooperative manner. If
the Department requests the removal of any person as unfit or as having behaved
inappropriately, the Design-Builder shall promptly comply.
Section 5.9 Warranty.
The Design-Builder warrants to the Department that materials and equipment furnished
under the Project Documents will be of good quality and new unless otherwise required or
permitted by the Contract documents, that for the one (1) year period following the Substantial
Completion Date, the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract documents. The

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Design-Builder’s warranty excludes remedies for damage or defect caused by abuse,
modifications not executed by the Design- Builder, improper or insufficient maintenance,
improper operation, or normal wear and tear from normal usage. The Design-Builder shall use
commercially reasonable efforts to schedule a joint inspection of the Project during the eleventh
month after Substantial Completion is achieved. During such inspection, the Design-Builder
and a representative of the Department shall walk the Project to identify any necessary warranty
work
Section 5.10 Open Book Reporting.
The Design-Builder shall maintain an open-book reporting system with the Department,
allowing the Department or its consultants access to the Design -Builder’s Subcontractors and
material suppliers, invoices, purchase orders, Change Order estimates, records for Self -
Performed Work, and other relevant P roject documentation and sources of information
concerning the Work or costs. The Department shall not use its access to the Subcontractors
to give instructions or directions to them. All instructions or directions shall be given only to
the Design-Builder.
Section 5.11 Claims for Additional Time.

Setion 5.11.1 Time is of the essence of this Agreement. The Project must be
Substantially Complete no later than the Substantial Completion Date set forth within the
Project Information Section above.
Setion 5.11.2 The D esign-Builder will perform the Work so that it shall achieve
Substantial Completion by the Substantial Completion Date. Unless the failure to achieve
Substantial Completion by the Substantial Completion Date is a result of an Excusable Delay,
as defined in Section 5.11.3, the delay shall be deemed Non-Excusable and the Design-Builder
shall not be entitled to an extension of time. Without limiting the generality of the foregoing,
delays for the following reasons shall be regarded as Non-Excusable and shall not entitle the
Design-Builder to an extension of time:
Section 5.11.2.1 Dela ys due to job site labor disputes, work stoppages, or
suspensions of work;
Section 5.11.2.2 Delays due to adverse weather, unless the Design-
Builder establishes that the adverse weather was of a nature and duration in excess of
averages established by data from the U.S. Department of Commerce, National Oceanic
and Atmospheric Administration for the Project locale for the ten (10) years preceding
the effective date of the Agreement. For purposes of this clause, whether shall only be
deemed “adverse” if the weather in question was more severe than that encountered at
the Project site over the last ten (10) years for the month in question. Such
determinations shall be made based on the number of rain/snow days or the cumulative
precipitation total for the month in question. Notwithstanding the foregoing, named
storms shall conclusively be deemed “adverse”;
Section 5.11.2.3 Delays due to the failure of the Design- Builder or
Subcontractors or material suppliers at any tier to perform in a timely or proper fashion,
without regard to concepts of negligence or fault; or
Section 5.11.2.4 Dela ys due to Site Conditions whether known or
unknown as of the effective date of the Agreement, foreseeable or unforeseeable at that
time, naturally occurring or man-made; provided, however, that delays due to differing

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Site Conditions as permitted by Article 4, Section A of the Standard Contract Provisions
(Construction Contracts) or Hazardous Materials Remediation shall be deemed an
Excusable Delay.
Setion 5.11.3 The Design -Builder shall be entitled to an adjustment in the
Substantial Completion Date due to an Excusable Delay. The term “Excusable Delay”
shall mean:
Section 5.11.3.1 Delays due to adverse weather other than those that are
classified as a Non -Excusable delay in accordance with Section 5.11.2.2 of this
Agreement;
Section 5.11.3.2 Dela ys due to acts of God, war, unavoidable casualties,
civil unrest, and other similar causes of delay that are beyond the control of the Design-
Builder; provided, however, that in no event shall a Non-Excusable Delay or the action
or inaction of the Design -Builder, or any of its employees, agents, Subcontractors or
material suppliers be deemed an Excusable Delay; or
Section 5.11.3.3 Dela ys caused by differing Site Conditions as permitted
by Article 4, Section A of the Standard Contract Provisions (Construction Contracts)
or Hazardous Materials Remediation as contemplated in Section 5.11.2.4 of this
Agreement;
Section 5.11.3.4 Delays due to suspensions of work;
Section 5.11.3.5 Delays caused by the Client Agency or separate
contractors of the Client Agency to the extent such delays are not concurrent with
delays caused by the Design-Builder or any of its employees, agents, subcontractors or
material suppliers; or
In addition to the foregoing, a delay shall be deemed to be an Excusable Delay only to
the extent that such delay (i) warrants an extension in the Substantial or Final Completion Date;
(ii) has not been caused by the Design-Builder or any of its employees, agents, Subcontractors
or m aterial suppliers; (iii) is on Project’s critical path , and (iv) is in addition to any time
contingency periods set forth in the critical path.
Setion 5.11.4 If the Design-Builder wishes to make a claim for an adjustment in the
time allotted per the Project Schedule, written notice as provided herein shall be given. The
Design-Builder’s claim shall include an estimate of the cost and of the probable effect of delay
on the progress of the Work. In the case of continuing delay, only one claim is necessary.
Setion 5.11.5 In no e vent shall the Design- Builder be entitled to an increase in the
GMP or the Design- Build Fee as a result of either an Excusable or Non -Excusable Delay;
provided, however, that to the extent that a delay is: (i) an Excusable Delay; (ii) of unreasonable
duration; (iii) caused solely by the Department; and (iv) not concurrent with any other delay,
then the Design-Builder shall be entitled to receive its actual costs, including all direct and
indirect costs, bonds and insurances resulting from such extended duration. It is understood
that the Design-Builder shall not be entitled to any profit or home office overhead, including,
but not limited to, an increase in the Design- Build Fee, on any amounts to which the Design-
Builder may be entitled pursuant to the preceding sentence.

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Section 5.12 Site Safety and Clean-Up.

Setion 5.12.1 The Design-Builder will be required to provide a safe and efficient site,
with controlled access. As part of this obligation, the Design- Builder shall be responsible for
initiating, maintaining, and supervising all safety precautions and programs in connection with
the Project, and shall comply with the requirements set forth in Article 16, Section F of the
Standard Contract Provisions (Construction Contracts).
Setion 5.12.2 Safety Plan. Prior to the start of construction activities, the Design -
Builder shall prepare a safety plan for the construction phase conforming to OSHA 29 CFR
1926 (such plan, the “Safety Plan”). Pursuant to OSHA 29 CFR 1926, the Design-Builder shall
provide all employees with the necessary Personal Protective Equipment ( “PPE”) to comply
with all COVID-19 regulations, and shall additionally require anyone on site to comply with
any PPE requirements. This Safety Plan developed by the Design- Builder shall describe the
proposed separation and the specific nature of the safety measures to be taken including fences
and barriers that will be used as well as the site security details. The Safety Plan will be
submitted to the Department and Client Agency for their review and approval prior to the
commencement of construction. Once the Safety Plan has been approved, the Design-Builder
shall comply with it at all times during construction. The Design-Builder shall be required to
revise the Safety Plan as may be requested by t he Department or Client Agency at any time,
including, but not limited to, as necessary to address any new national or local COVID -19
regulations, recommendations, or restrictions. The cost of revising and complying with the
plan shall not entitle the Design-Builder to an increase in the GMP. In the event the Design-
Builder fails to provide the Safety Plan, the Design-Builder will not be permitted to commence
the Construction Phase until the Safety Plan is submitted , and in no event shall any resulting
delay constitute an Excusable Delay. Additionally, the Design- Builder shall comply with the
requirements of Article 27, Section A of the Standard Contract Provisions (Construction
Contracts).
Setion 5.12.3 Safety Barriers/Fences. As part of its responsibility for Project safety,
the Design-Builder shall install such fences and barriers as may be necessary to separate the
construction areas of the site from those areas that are then being used by the Client Agency
for educational purposes. The Design- Builder shall describe in the Safety Plan the proposed
separation and the specific nature of the fences and barriers that will be used.
Setion 5.12.4 Site Security. The Design-Builder shall be responsible for site security
and shall be required to provide such watchmen as are necessary to protect the site from
unwanted intrusion. Site Security shall be included in the Design-Builder’s General Conditions
Cost.
Setion 5.12.5 Exculpation. The right of the Department and Client Agency to
comment on the Safety Plan and the nature and location of the required fences and barriers
shall in no way absolve the Design-Builder from the obligation to maintain a safe site.
Section 5.12.6 Site Cleanliness. During the Agreement performance and/or as directed
by the Department’s Program Manager, as the installation is completed, the Design-Builder
shall ensure that the site is clear of all extraneous materials, rubbish, or debris.

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

Setion 5.13.1 Workhours. The Design- Builder shall comply with the Noise
Ordinance and neither it nor its subcontractors shall undertake work on the Project site other
than at the times and sound level permitted by the Noise Ordinance.
Setion 5.13.2 Site Office. Throughout the Project, the Design- Builder shall provide
and maintain a fully-equipped construction office for the Project site. The Design-Builder shall,
at all times, provide and maintain a fully equipped construction office for DGS staff assigned
to the Project. The cost for these Site Office(s) shall be included as part of the Design-Builder’s
general conditions cost.
Setion 5.13.3 Parking. The Design-Builder shall organize its work in such a manner
so as to minimize the impact of its operations on the surrounding community. To the extent
that the number of workers on the site is likely to have an adverse impact on neighborhood
parking, the Design-Builder shall develop a parking plan for those individuals working on the
site that is reasonably acceptable to the Department.
Setion 5.13.4 Wheel Washing Stations. The Design -Builder shall provide wheel
washing stations on-site so as to prevent the accumulation of dirt and other refuse on the streets
surrounding the Project site.
Setion 5.13.5 Outreach Plan. The Design- Builder shall keep the Department
informed of the construction activities and their potential impact on the community and shall
develop a community outreach plan (the “Outreach Plan”). The Design-Builder shall submit
the Outreach Plan to the Department prior to its implementation which shall be subject to the
Department’s review and approval.
Setion 5.13.6 Supervision. Throughout the Work, the construction office shall be
managed by personnel competent to oversee the Work at all times while construction is
underway. Such personnel shall maintain full-time, on -site construction supervision and
provide daily inspections, quality control, monitoring, coordination of various trades, record
drawings, and daily work log.
Section 5.14 Close-out & FF&E.

Setion 5.14.1 A det ailed list of FF&E requirements will be developed during the
design & Preconstruction Phase and attached hereto as Exhibit N.
Setion 5.14.2 Punch list. Promptly before Substantial Completion, the Design-
Builder shall cause the Design-Builder’s Architect to develop a punch list. Once the punch list
is prepared, the Design- Builder shall inspect the work along with representatives from the
Department. The punch list shall be revised to reflect additional work items that are discovered
during such inspection. The Design- Builder shall correct all punch list items no later than
ninety (30) days after Substantial Completion is achieved.
Setion 5.14.3 Warranties & Manuals. S ix months subsequent to the Substantial
Completion Date , the Design- Builder shall prepare and submit the following Project
documentation: (i) a complete set of product manuals (“O&M” or “Operation and Maintenance
Manuals”), training videos, warranties, etc.; (ii) attic stock; (iii) an equipment schedule; (iv) a
proposed schedule of maintenance for the new building; (v) environmental, health and safety

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documents for the new building; and; and (vi) all applicable inspection certificates/permits
(boiler, elevator, emergency evacuation plans, health inspection, etc.) for the new building. No
later than thirty (30) days following Substantial Completion, the Design-Builder shall prepare
and submit: (i) a complete set of its Project files; and ( ii) a set of record drawings , including
BIM models. (iii) The Design -Builder shall provide a maintenance and repair cost services
report, which includes conducting a 40-year life cycle cost analysis, which includes a detailed
list of replacement costs, maintenance costs, an estimate of repair costs, anticipated energy
costs, and a list of other relevant life cycle costs.
Setion 5.14.4 Support for Initial Heating & Cooling Season. The Design -Builder
and its mechanical subcontractor shall provide support to the Client Agency and the
Department during system start-up and in initial operation for the first heating and cooling
season after Substantial Completion is achieved.
Setion 5.14.5 Training. The Design-Builder shall provide training to Client Agency
staff on all of the building systems. The Design- Builder shall be required to schedule such
training sessions and shall use commercially reasonable efforts to ensure all such training
occurs prior to Final Completion. All training shall be electronically recorded and turned over
to the Department for future use.
Setion 5.14.6 The Design-Builder shall assist Client Agency in relocating FF&E and
other items as necessary within the renovated building, as well as for cleaning and other move-
in services as directed by the Department. The GMP shall include an allowance and scope of
work for these activities. This allowance is in addition to cleaning services that would otherwise
be required by the Design-Builder, including, but not limited to, the obligation to deliver a
broom clean building at the end of construction.
Section 5.15 Salvaged and Stored Items. The Design -Builder shall be responsible
for salvaging and storing all items as identified by the Department, and to the benefit of the
Department, in accordance with all applicable District laws and regulations, after notifying the
Department and receiving the Department’s permission to proceed.
Section 5.16 Protection of Existing Elements.
The Design -Builder shall protect all existing features, public utilities, and other existing
structures during construction. The Design- Builder shall protect existing, site improvements,
trees, and shrubs from damage during construction. Protection extends to the root systems of
existing vegetation. The Design- Builder shall not store materials or equipment, or drive
machinery, within the drip line of existing trees and shrubs.

Section 5.17 Sediment and Erosion Control.
The Design-Builder shall be responsible for installing sediment and erosion control measures
in accordance with DOEE guidelines , inclusive of, but not limited to: silt fencing, inlet
protection, stabilized construction entrances, and other control measures . The Design-Builder
shall be responsible for scheduling and coordination of DOEE Kick-Off Meeting.

Section 5.18 Quality Control.

Setion 5.18.1 General Obligation. The Design -Builder shall be responsible for all
activities necessary to execute, manage, control, and document work for ensuring compliance
with the contract documents. The Design-Builder’s responsibility includes ensuring adequate
quality control services are provided by the Design- Builder’s employees, its subcontractors,
vendors & suppliers at all levels from concept to completion including site assessment -

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investigations/discovery, schematic design development, preconstruction, construction, and
closeout phases. All contract -related work activities and their implementation procedures
described within this quality control plan shall also address safety, measures to ensure
regulatory permit & code compliance, submittal management, change document
processing/incorporation, reporting, and all other functions necessary to achieve the highest
levels of quality during design and construction efforts. The Design-Builder’s Quality Control
(“QC”) Plan submittal must include statements affirming compliance with DGS QC Program
requirements. These requirements describe design & construction phase stipulations driving
satisfactory integration of Definable Features of Work (“DFOWs”) identified by DGS as being
essential to overall Project success.
Setion 5.18.2 Quali ty Control Plan. Within thirty (30) days after the NTP, the
Design-Builder shall develop a Quality Control plan for the Project (the “Quality Control
Plan”). A draft of the Quality Control Plan shall be submitted to the Department and shall be
subject to the Department’s review and approval. This draft shall comply with the guidelines
and include at a minimum, the necessary components for Quality Control Plan development
described within the Department’s Quality Control Master Program (Exhibit U). The Quality
Control Plan shall be tailored to the specific products/type of construction activities
contemplated in the Design Development Documents, and in general, shall include a table of
contents, quality control team organization, and hierarchical arrangement detailing ongoing,
regular interaction/coordination within the Design-Builder’s teams, duties/responsibilities of
quality control personnel, submittal procedures, schedule of specified inspection & testing
requirements, deficiency correction procedures, issues & conflicts resolution, RFI
documentation process, change management, as-built record-keeping of contract documents
and a listing of customized quality control procedures, that will be required to ensure key
elements of the Work are executed in conformance with design documents. Examples of a few
key elements that necessitate focused attention and involvement of competent agencies include
MEP-Energy systems startup/commissioning, security systems integration, and building
envelope multi-trade coordination. Mockup construction requirements must be incorporated
into the plan, in order to establish a minimum standard of acceptance by the Department, for
the Project’s most visible and critical structural-architectural building elements like CIP
concrete and exterior facades. The Quality Control Plan must clearly describe requirements
addressing the involvement of qualified personnel for critical building elements and any
delegated design features that require engineered solutions, backed by supporting analysis data.
The Quality Control Plan must clearly describe quality control measures such as using
Depart
ment’s Quality Control Master Program 3- phase checklists recommended to be
undertaken by both design & construction teams. Prior to the construction phase commencing,
the Design -Builder must advise the Department regarding the status of their drawing &
specification documents, from a percentage completion standpoint. For that matter, the design
phase quality control effort shall provide metrics to gauge whether the design documents –
drawings & specifications – are as complete as possible, prior to the Design-Builder’s
groundbreaking. DGS QC Program Design Phase Checklists include metrics to perform this
evaluation of design documents. Similarly, the Quality Control Plan must describe in detail
the quality control mechanisms proposed to be implemented by the Design- Builder for
ensuring adherence with design documents by way of minimal rework and maintaining the
highest standards of construction. The Quality Control Plan must detail a description of any 3rd
parties suggested to be hired by the Department such as building envelope consultants and
commissioning agents.

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Setion 5.18.3 Implementation. During the Construction Phase, the Design-Builder
shall perform regular quality control inspections and create reports using the 3-phase inspection
checklists included within the DGS Quality Control Master Program manuals based on such
inspections pursuant to the Quality Control Plan. The quality control reports with the 3-phase
Checklists shall be provided to the Department electronically on a monthly basis. The Design-
Builder shall incorporate a quality control section in the progress meetings to discus s
outstanding deficiencies, testing/inspections, and upcoming Work. The monthly report shall
include a detailed summary of the steps that are being employed to provide quality construction
and workmanship. The monthly report should specifically address issues raised during the
month and outline the steps that are being used to address such issues. The following are the
components that must at a minimum be included within the monthly Quality Control report
submitted to DGS. All components must be updated regularly, and current versions included
with monthly submissions to the Department.
1. A written narrative of Quality Control activities for the month supported
by embedded, cross-referenced photos. Should include 3-phase checklists
compiled on a regular basis as part of the Design-Builder’s ongoing quality
control efforts.
2. CPM updates and analysis reflecting the status of critical submittals
affecting work progress, elaborated further within the descriptive work
narrative accompanying CPM baseline schedule and subsequent, regular
updates’ submissions to the Department.
3. Deficiency tracking log.
4. Test & Inspections log recording all related activities for the month and
cumul
ative for the Project. This must correspond to and cross -reference
the Project’s testing & inspections schedule described above with Section
5.18.2.
5. Submittal Schedule detailing the status of all Project submittals.
Section 5.19 Acceleration.
Subject to the terms of this Section, the Department shall have the right to direct the
Design-Builder to accelerate the Work if, in the reasonable judgment of the Department: (i)
the Design -Builder fails to supply a sufficiency of workers or to deliver the materials or
equipment with such promptness as to prevent the delay in the progress of the Work; or (ii) the
progress of the Work otherwise materially falls behind the projections contained in the then
currently approved Project Schedule. In the event that the Department or its Program Manager
determine that either of the events specified in the preceding sentence have occurred, the
Department shall provide the Design-Builder with written notice of such event and the Design-
Builder shall be required to provide the Department with a schedule recovery plan (“Recovery
Plan”) that is reasonably designed to address the concerns raised in such notice within three (3)
days after receipt of such notice. If the Department and the Design-Builder are unable to agree
on the terms of the Recovery Plan within five (5) days after the issuance of the notice (i.e.
within forty eight (48) hours after the receipt of the proposed Recovery Plan), the Department
shall have the right to direct such acceleration as the Department, in its reasonable judgment,
deems necessary. Provided Department complies with the notice provisions of this Section,
the cost of any acceleration directed under this Section shall not justify an adjustment to the
GMP or the Substantial Completion Date.

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Given the nature of the Project and the fact that there is a fixed date upon which the
Client Agency plans to occupy the building, the Design-Builder hereby: (i) acknowledges that
this provision is a material inducement upon which the Department has relied in entering into
this Agreement; and (ii) represents and warrants that it will include sufficient funding in the
GMP in order to comply with the requirements of this Section.
Section 5.20 Corrective Action Plan.
Subject to the terms of this Section, the Department shall have the right to direct the
Design-Builder to revise the provisions of the Quality Control Plan if, in the reasonable
judgment of the Department, the craftsmanship of the Work being installed fails to comply
with generally applicable industry standards, requirements set forth in the specifications that
are reasonably related to the quality of craftsmanship quality, or any provisions set forth in this
Agreement (each a “Quality Control Event”). In the event that the Department or its Program
Manager determines that a Quality Control Event has occurred, the Department shall provide
the Design-Builder with written notice of the occurrence of such Quality Control Event and the
Design-Builder shall be required to provide the Department with a corrective action plan that
is reasonably designed to address the concerns raised in such notice within three (3) days after
receipt of such notice (each instance, a “Corrective Action Plan”). If the Department and the
Design-Builder are unable to agree on the terms of the Corrective Action Plan within five (5)
days after the issuance of the notice (i.e. within forty-eight (48) hours after the receipt of the
proposed corrective action plan), the Department shall have the right to direct such corrective
action measures as the Department, in its reasonable judgment, deems necessary. Such
directive may include adjustments to the procedural provisions set forth in the Quality Control
Plan and/or may impose additional requirements on the manner in which Work is being
performed. Provided the Department complies with the notice provisions of this Section, the
cost of any such corrective action directed under this Section shall not justify an adjustment to
the GMP or the Substantial Completion Date.
Section 5.21
a. Use of Department’s Electronic Project Management Information System
(ProjectTeam). The Design-Builder shall utilize the Department’s current
project management software, ProjectTeam, to submit any and all Project
documentation required to be provided by the Design- Builder for the Project,
including, but not limited to: (i) requests for information; (ii) submittals; (iii)
meeting minutes; (iv) invoices/applications for payment (full package including
all forms required by DGS); (v) certified payrolls (in addition to upload via LCP
Tracker); (vi) drawings and specifications; (vii) GMP and any Submissions that
require approval by DC Council; (viii) punch list; and (ix) other Project
documents as may be designated by the Department.

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

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

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Section 5.22 Conformance with Laws.
It shall be the responsibility of the Design -Builder to perform under the Agreement in
conformance with the Department’s Procurement Regulations and all applicable statutes, laws,
codes, ordinances, regulations, rules, requirements, orders, and policies of governmental
bodies, including, without limitation, the U.S. Government and the District of Columbia
government; and it is the sole responsibility of the Design-Builder to determine the
Procurement Regulations, statutes, laws, codes, ordinances, regulations, rules, requirements
and orders that apply and their effect on the Design-Builder’s obligations thereunder. Given
the requirements for the Project, the Department may, at its sole discretion, (i) apply for
variance to the requirement of adhering to the Green Building Act on the Project and (ii)
consider deferring the scope of work associated with stormwater management to a later phase
of the Project.
Section 5.23 Licensing, Accreditation, and Registration
The Design-Builder and all of its subcontractors and subconsultants (regardless of tier)
shall comply with all applicable District of Columbia, state, and federal licensing,
accreditation, and registration requirements and standards necessary for the performance of the
Agreement. Without limiting the generality of the foregoing, all drawings shall be signed and
sealed by a professional architect or engineer licensed in the District of Columbia.

Section 5.24 Construction Phase Deliverables.
The deliverables set forth in Exh ibit C are required during the Construction Phase.
Section 5.25 Close-Out Deliverables.
The deliverables set forth in Exhibit N are required during the Project’s Close-Out and
prior to Final Payment, as set forth in Section 10.12 and below:
Deliverables shall include those outlined in Exhibi t T (DGS Close-Out Manual) including but
not limited to the below items. If there is a conflict between Exhibit T and the deliverable list
below, Exhibit T shall prevail.
a) A complete set of the Design-Builder’s Project files.
b) A complete set of product manuals (O&M), training videos, warranties, etc.
c) As-built record drawings.
d) Attic stock and schedule.
e) Equipment schedule.
f) Proposed schedule of maintenance.
g) Environmental, health & safety documents.
h) LEED – Preliminary Construction Review.
i) All applicable inspection certificates/permits (boiler, elevator, emergency
evacuation plans, health inspection, etc.).
j) Final Maintenance and Operations Plan.

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Article 6 - DESIGNATED REPRESENTATIVES
Section 6.1 Department’s Designated Representative.
The Department designates the individual(s) identified in Exhibit I as it s representative
with express authority to bind the Department with respect to all matters requiring the
Department’s approval or authorization. Subject to the limitations on their authority specified
in Exhibit I, these representative(s) shall have the exclusive authority to make decisions on
behalf of the Department concerning estimates and schedules, construction budgets, changes
in the Work, and execution of Change Orders, Contract Modifications or Change Directives,
and shall render such decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or performance of the Work of the Design-Builder. In order
for the Department to effectively manage the Project and assure that the Design -Builder does
not receive conflicting instructions regarding the Work, the Design- Builder shall promptly
notify the Department’s representative upon receiving any instructions or other communication
in connection with the Design-Builder’s Work from any employee of the Department or other
purported agent of the Department other than the Department’s designated representative.
Section 6.2 Desig n-Builder’s Designated Representative.
The Design -Builde r designates the individual(s) identified in Exhibit H as its
representative with express authority to bind the Design- Builder with respect to all matters
requiring the Design-Builder’s approval or authorization. In addition, the Department retains
the right to approve candidates to serve as on -site personne l in accordance with each
candidate’s experience with similar projects and local marketplace conditions. Once approved,
individuals cannot be changed without the Department’s prior approval. During the entire term
of the Agreement, it is agreed that the Design -Builder’s designated representative will devote
his or her time exclusively to the Project, unless the Department consents to a reduction in time.
All services provided by the Design-Builder shall be performed in accordance with the highest
professional standards recognized and adhered to by design-builders that build first-class state-
of-the-art buildings and projects that are similar to the Project in large urban areas.

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7 Article 7 - COMPENSATION AND PAYMENTS FOR DESIGN &
PRECONSTRUCTION PHASE SERVICES
Section 7.1 Compe nsation

Section 7.1.1 The D epartment shall compensate and make payments to the
Design-Builder for Design & Preconstruction Services in accordance with this Article 7
and Article 10. For Preconstruction Services, the Design-Builder’s compensation shall
be as set forth in the Project Information Section of this Agreement (the “Preconstruction
Fee”). The Preconstruction Fee shall be the Design -Builder’s sole compensation for
Preconstruction Phase Services. The Preconstruction Fee shall include, but not be
limited to, amounts necessary to compensate the Design-Builder for:
• Profit;
• Home Office Overhead;
• Fringe Benefits associated with staff cost;
• Payroll taxes associated with staff costs;
• Staff costs associated with obtaining permits and approvals
during the Design & Preconstruction Phase;
• Out-of-house consultants;
• Travel, Living, and Relocation expenses;
• Job vehicles;
• Office equipment including but not limited to:
o Computer hardware and software;
o Fax machines;
o Copying machines;
• Office supplies;
• Telephone; and
• Local delivery and overnight delivery costs.
Section 7.1.2 The Department shall compensate and make payments to the
Design-Builder for design services in accordance with this Article 7 and Article 10. For
design services, the Design- Builder’s compensation shall not exceed the amount set
forth in the Project Information Section of this Agreement (the “Design Fee”).
Section 7.2 Payments

Section 7.2.1 Payments for Design & Preconstruction Phase Services shall be
made monthly over the anticipated duration of the Design & Preconstruction Phase
following presentation and acceptance of the Design-Builder’s invoice and shall be in
proportion to services performed. In no event, however, will the aggregate of the Design-
Builder’s monthly invoices for Design & Preconstruction Phase Services exceed the
Preconstruction Fee plus the Design Fee.
Section 7.2.2 Payments are due and payable in accordance with Article 12 of
this Agreement. Amounts unpaid after the date of which payments are due shall bear
interest in accordance with the Quick Payment Act.

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8 Article 8 - COMPENSATION FOR CONSTRUCTION PHASE SERVICES
Section 8.1 Compensation.

The Department shall compensate and make payments to the Design -Builder for
Construction Phase Services in accordance with this Article 8 and Article 10. For the
Construction Phase Services, the Design- Builder’s total compensation shall be as set
forth in the Project Information Section of this Agreement (the “Design-Build Fee”).
The Design-Builder acknowledges and agrees that the percentage of the total amount
of the Design-Build Fee set forth in the Project Information Section of this Agreement
is at risk (the “At Risk Portion”), and the Design-Builder shall only be entitled to the
At Risk Portion as set forth below. Unless and until the Design-Builder’s entitlement
to any subset of the At Risk Portion is determined by the Department, the Design-
Builder shall only be entitled to bill for the portion of the Design-Build Fee that is
not at risk (the “Base Design-Build Fee”). The Design-Build Fee shall be billed in
accordance with Article 10, to be paid in equal monthly installments over the anticipated
duration of the Construction Phase. To the extent that the duration of the Agreement is
extended, the then remaining amounts of the Design-Build Fee will be re-allocated such
that the then-existing portion of the Design-Build Fee shall be evenly spread over the
then remaining duration of the Construction Phase.
Section 8.1.1 Award Fee Pool. The At-Risk Portion shall be used to establish
and fund an award fee pool (“the Award Fee Pool”). Within sixty (60) days
after approval and fully execution of this Agreement, the Department shall
appoint a committee that will determine entitlement to those portions of the
Award Fee Pool so designated below (such committee, the “Award Fee
Evaluation Committee”). The Award Fee Evaluation Committee will consist
of: (i) the Department’s Deputy Director for Capital Construction or their
designee; (ii) Client Agency (DCPS) Chief of Facilities or their designee; (iii)
DGS Contracting Officer or their designee; (iv) DGS Capital Construction
representative; and (v) Client Agency (DCPS) Facilities representative.
Committee members shall not include an individual who has day -to-day
interactions or involvement on the Project, or an individual who is presently
involved in an active project with the Design-Builder.
Section 8.1.2 The D esign-Builder may earn the At-Risk Portion of the Design-
Build Fee in accordance with Exhibit R.
Section 8.2 Lump Sum General Conditions Cost.
The Design -Builder shall propose a lump sum amount for the cost of General
Conditions, and this lump sum amount shall be the extent of what the Design-Builder is entitled
to recover for the cost of General Conditions (such cost, the “Lump Sum General Conditions
Cost”). The Lump Sum General Conditions Cost shall not be increased or decreased as a result
of Change Orders or Change Directives unless such changes (i) extend the duration of the
Project beyond the time Substantial Completion Date; and (ii) the Design -Builder can
demonstrate to the satisfaction of the Department that such additional General Conditions costs
are necessary and not due to any fault of the Design- Builder, its subcontractors, materialmen,
consultants or anyone making claims thereunder. To the extent the Design- Builder incurs
General Conditions Costs in excess of the Lump Sum General Conditions Cost, the Design-
Builder shall not be entitled to reimbursement for such amounts unless the Department
authorizes, by written Contract Modification, an increase to the Lump Sum General Conditions

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Cost. Nonetheless, in such an event, if the Design- Builder exceeds the Lump Sum General
Conditions Cost, the Design- Builder shall continue to be required to adequately staff the
Project and provide all Construction Services.
Section 8.3 Initial Not-to-Exceed Amount.
Unless and until the GMP Amendment is executed and approved by the Council for the
District of Columbia, this Agreement shall have an initial not-to-exceed amount as set forth in
the Project Information Section of this Agreement (the “Initial NTE”). In no event shall the
Design-Builder be entitled to recover more than the Initial NTE unless the Design- Builder is
authorized to exceed the Initial NTE by the Department in advance and in writing. Prior to
expending or committing any portion of the Initial NTE, the Design- Builder shall obtain the
Department’s written approval of such expenditure or commitment, as well as a determination
as to whether the work will qualify as a “capital” expense under the Department’s financial
guidelines to the extent capital money is to be expended. In making such a request, the Design-
Builder shall submit an itemized breakdown of the work that the Design-Builder seeks to
release using funds from the Initial NTE as well as the associated costs of such work
Section 8.4 Project Budget.
9 The Department has established the Project Budget as set forth in the Information Section
of this Agreement. When the GMP is established, such GMP shall not exceed the Project
Budget, and such GMP shall include any and all amounts which may be due to the Design-
Builder pursuant to this Agreement. In no event shall the Design-Builder be entitled to recover
more than the GMP unless the Design -Builder is authorized to exceed the GMP by the
Department in advance and in writing. The Design- Builder shall inform the Department’s
Contracting Officer at least fifteen (15) calendar days in advance, if the Design -Builder
encounters any foreseen or unforeseen project -related events, which might reasonably affect
(i) existing Project Budget; or (ii) DC council-authorized appropriations.
Section 8.5 No Adjustments to Fee.
It is the Department’s intent to engage the Design-Builde r to develop a GMP that meets
the programmatic requirements set forth in Exhibit A by the Client Agency and the Project
Budget as set forth herein (i.e. designed to budget), to allow for Substantial Completion of the
Work to be achieved no later than the Substantial Completion Date. The Design-Builder shall
be entitled to an adjustment to the Design-Build Fee at the time the GMP is established to the
extent, and only to the extent, that: (i) the Department makes additions to the scope that, when
measured relative to the program, cause the GMP to exceed the Design-Builder’s original
concept estimate by more than five percent (5%); or (ii) the Department makes additions to the
scope provided for herein which (other than for punch list or warranty work) which requires
the Design-Builder’s services at the Project to extend 30 days or more beyond the Substantial
Completion Date. With regard to Change Orders issued after the GMP is established, and in
accordance with Section 18.8, the Design-Builder shall be entitled to an increase in the Design-
Build Fee to the extent, and only to the extent, that: (i) the Department has added a new
programmatic element to the Project; or (ii) the Department made additions to the GMP scope
which (other than punch list or warranty work) require the Design- Builder’s services at the
Project to extend 30 days or more beyond the Substantial Completion Date.
Section 8.6 (Reserv ed)

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Section 8.7 Direct Cost of Work
“Direct Cost of the Work” shall mean labor, material , and other costs reasonably and
necessarily incurred in the proper performance of the Work as approved by the
Department and shall include, but not be limited to:
Section 8.7.1 Labor. Payment will be made for direct labor costs plus indirect
labor costs such as insurance, taxes, fringe benefits and welfare provided such costs are
considered reasonable. Indirect costs shall be itemized and verified by receipted
invoices. If verification is not possible, up to five percent (5%) of direct labor costs may
be allowed.
Section 8.7.2 Rented Equipment . Payment for required equipment rented
from an outside company that is neither an affiliate of nor a subsidiary of, the Design-
Builder will be based on receipted invoices which shall not exceed rates given in the
current edition of the Rental Rate Blue Book for Construction Equipment published
online by Data Quest. If actual rental rates exceed manual rates, written justification
shall be furnished to the Contracting Officer for consideration. No additional allowance
will be made for overhead and profit. The Design-Builder shall submit written
certification to the Contracting Officer that any required rented equipment is neither
owned by nor rented from the Design-Builder or an affiliate of or subsidiary of the
Design-Builder.
Section 8.7.3 Design-Builder’s Equipment. Payment for required equipment
owned by the Design-Builder or an affiliate of the Design -Builder will be based solely
on an hourly rate derived by dividing the current appropriate monthly rate by 176 hours.
No payment will be made under any circumstances for repair costs, freight and
transportation charges, fuel, lubricants, insurance, any other costs , and expenses, or
overhead and profit. Payment for such equipment made idle by delays attributable to the
Government will be based on one-half the derived hourly rate under this subsection.
Section 8.7.4 Materia ls. Incorporated and unincorporated materials as
permitted under Section 9.1.
Section 8.7.5 Direct Cost of the Work does not, however, include home office
overhead, field supervision, general conditions , or profit of either the Subcontractor or
the Design -Builder. No personnel above the level of a working foreman shall be
considered a Direct Cost of the Work.

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Article 9 - COST OF THE WORK FOR CONSTRUCTION PHASE
Section 9.1 Cost of the Work.
The term “Cost of the Work” shall mean the costs necessarily incurred by the Design-
Builder in the proper performance of the Work and shall include only the following:
Section 9.1.1 Payments made by the Design- Builder to Subcontractors and
suppliers, other than design subconsultants, but only in accordance with the
subcontracts and supply agreements;
Section 9.1.2 Payme nts made by the Design- Builder to its design consultants
and sub-consultants; provided, however, that the Design- Builder shall not
be reimbursed for the costs of design services in excess of the Design Fee;
Section 9.1.3 All amounts due to the Design- Builder under the terms of the
Department's written authorization for the Design- Builder to perform any
portion of the Work as Self -Performed Work. If authorization for the
Design-Builder to engage in Self -Performed Work is n ot on a fixed -price
basis, then, as to that Work, the following costs shall be within the Cost of
the Work:
(a) Labor. Properly documented wages actually paid to Project foremen,
construction workers, and other personnel in the direct employ of the Design- Builder, while
engaged in approved Self-Performed Work, together with contributions, assessments, payroll
taxes, or fringe benefits required by the laws or applicable collective bargaining agreements.
(b) Incorporated Materials. The cost, net of trade discounts, of all materials,
products, supplies , and equipment incorporated into the Self -Performed Work, including,
without limitation, costs of transportation and handling.
(c) Unincorporated Materials. The cost of materials, products, supplies , and
equipment not actually installed or incorporated into the Self-Performed Work, but required to
provide a reasonable allowance for waste or spoilage, subject to the Design- Builder’s
agreement to turn unused excess materials over to the Department at th e completion of the
Project or, at the Department’s option, to sell the material and pay the proceeds to the
Department or give the Department a credit in the amount of the proceeds against the Cost of
the Work.
Section 9.1.4 Royalty and license fees paid for use of a design, process , or
product if its use is required by this Agreement or has been approved in advance by the
Department;
Section 9.1.5 Fees for obtaining all required approvals or permits associated
with any abatement, demolition, utilities abandonment, and utility relocation (including
utility connection fees), including any and all building and/or trade permits fees;
Section 9.1.6 All performance and payment bonds and general liability
insurance. The Department may, in its sole discretion, allow the Design- Builder to
recover the costs of subcontractor default insurance at a mutually agreed-upon rate in

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lieu of trade level bonds, provided that such insurance be approved by the Department
in advance and after being presented with a cost-benefit analysis of such use;
Section 9.1.7 All fees and other costs necessarily incurred to carry out testing
and inspection required by the Agreement or applicable laws, or otherwise to maintain
proper quality assurance. The costs the Design-Builder incurs to schedule and
coordinate any additional testing and inspections the Department may decide to conduct
itself shall be within the Cost of the Work unless the additional testing establishes that
the Work tested was defective or otherwise failed to satisfy requirements set forth in the
Agreement, in which case the Design -Builder shall pay the costs, without
reimbursement;
Section 9.1.8 All bonds to jurisdictional agencies (utilities, stormwater
management, land disturbance, and grading);
Section 9.1.9 The Lump Sum General Conditions Cost; and
Section 9.1.10 Costs of repairing or correcting damaged or nonconforming
Work executed by the Design-Builder’s Architect , or Design- Builder’s other
consultants, Subcontractors, or suppliers, provided that such damaged or nonconforming
Work was not caused by negligence or failure to fulfill a specific responsibility of the
Design-Builder, and only to the extent that the cost of repair or correction is not
recoverable by the Design-Builder from insurance, sureties, subcontractors or suppliers.
It is understood that the cost of repairing, correcting damaged or nonconforming Work
that was Self-Performed shall not be reimbursable in any event.
Section 9.2 Lump Sum General Conditions Cost.

10 The Contractor ’s Lump Sum General Conditions Cost shall be the extent of what the
Contractor is entitled to recover for the cost of General Conditions. General Conditions
may include, but are not limited to:
11
a) Cost of construction staff. Only staff stationed in the field are reimbursable;
b) Fringe Benefits associated with construction staff;
c) Payroll taxes and payroll insurance associated with construction staff;
d) Staff costs associated with obtaining permits and approvals;
e) Out-of-house consultants, including permit expeditors;
f) Job vehicles;
g) The field office(s) for the Design-Builder and Department, including, but not
limited to: (i) trailer purchase and/or rental; (ii) field office installation, relocation and
removal; (iii) utility connections and charges during the Construction Phase; (iv)
furniture: (v) office supplies;
h) Office equipment including, but not limited to: (i) computer hardware and
software; (ii) fax machines; (iii) copying machines; (iv) telephone installation, system
and use charges; (v) Job radios;
i) Local delivery and overnight delivery costs;
j) Field computer network;
k) First aid facility;
l) Printing cost for drawings, bid packages, etc.;
m) BIM Cost (software, seats, hardware);
n) Parking costs for the construction staff;

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o) Salting sidewalks and shoveling snow on sidewalks that surround the site; and
p) Exterior site fencing, fence wrapping, and construction signage.

Section 9.3 Costs Not to Be Reimbursed.
All costs not specifically listed in Section 9.1 as being within the Cost of the Work are
excluded from the Cost of the Work and shall not be reimbursable. In particular, but without
limitation, the Cost of the Work does not include any of the following:
a) Any personnel or labor costs other than those provided for in Section 9.1.3 (a).
b) Fees for any permits or licenses the Design-Builder requires to conduct its
general business operations.
c) Capital expenses and interest on capital employed for the Work.
d) The cost of home or regional offices, it being understood that compensation for
such costs included in the Design-Build Fee.
e) Sales or use taxes unless the Design-Builder establishes that applicable law
required payment of such taxes.
f) Costs due to the errors or omissions of the Design-Builder or its subcontractors
or suppliers at all tiers, negligent or otherwise.
g) Costs dues to breach of Contract by the Design-Builder or its subcontractors or
material suppliers at all tiers, including, without limitation, costs arising from
defective or damaged work or its correction, disposal of materials or equipment
erroneously supplied, and repairs to property damaged by the Design-Builder or
its subcontractors or material suppliers at all tiers.
h) Any costs incurred in performing work of any kind before Preconstruction NTP
unless specifically authorized by the Department in advance and in writing.
i) Direct or indirect costs of any kind, except those expressly included in
Secti
on 9.1.

Section 9.4 Discounts, Rebates, And Refunds.

9.4.1 Cash discounts obtained on payments made by the Design- Builder shall
accrue to the Department if: (i) before making such payment(s), the Design -
Builder included them in an Application for Payment and received payment
therefor from the Department; or (ii) the Department has deposited funds with
the Design -Builder with which to make such payment(s). All other cash
discounts shall accrue to the Design-Builder. Trade discounts, rebates, refunds
and amounts received from sales of surplus materials and equipment shall
accrue to the Department, and the Design-Builder shall make provisions so that
such amounts can be secured.
9.4.2 Amounts that accrue to the Department in accordance with the provisions
of Section 9.4.1 shall be credited to the Department as a deduction from the Cost
of the Work.
Section 9.5 Facilitating Tax Exempt Purchases.
The Department expects that the Project will qualify as tax -exempt under applicable
laws. Upon request, the Department will provide the Design- Builder with the necessary
information relating to the tax exemption. In the event that any savings are attributable to the
tax-exempt status of the Project, the Design- Builder shall not be entitled to share in such
savings.

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Section 9.6 Accounting Records.
The Design-Builder shall keep full and detailed accounts and exercise such controls as
may be necessary for proper financial management under the Agreement. The Design-
Builder’s accounting and control systems shall be satisfactory to the Department. The
Department, its representatives, and the Department’s accountants shall be afforded access to
the Design -Builder’s records, books, correspondence, instruction, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda , and other data relating to this Project,
and the Design-Builder shall preserve such Project documentation relating to the Project for a
period of three years after final payment, or for such longer period as may be required by law.
Section 9.7 Excluded Cost Elements.
It is the Department’s intent that the Design -Builder provides a turn -key solution for the
implementation of the Project, and the budget set herein has been developed based on such a
framework. The Design-Builder shall advance the Project in a manner consistent with the such
budget and the understanding that only the commissioning cost element is excluded from the
budget set forth herein.

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12 Article 10 - CONSTRUCTION PHASE PAYMENTS
Section 10.1 Progress Payments.
The Design-Builder shall be compensated in a series of progress payments and a Final
Payment, for Work completed in accordance with the Agreement, and for which proper
Applications for Payment have been submitted and approved. The amount of each progress
payment shall be as follows:
The Cost of Work completed to date
Plus Cost of Work for Pay Period x 60% Design -Buil d Fee
Current approved estimated.
Cost of Work through Final Completion
Plus Any subset of the Design- Build Fee to which the Department has determined
the Design-Builder to be Entitled
Minus Applicable retainage
Minus Amounts previously paid by the Department
Section 10.2 Retention.
The Department shall withhold from each progress payment an amount equal to ten
percent (10%) of the payment related to (i) each Subcontract and supply agreement; (ii) the
Preconstruction Fee; (iii) Design-Build Fee; (iv) General Conditions Costs; and (v) the Cost of
the Work-related to each item of Self-Performed Work, until such time as fifty percent (50%)
of the then currently budgeted cost associated with each such item has been invoiced, at which
point the Department may cease retaining against such item; provided, however, that retention
shall not be held on the costs of bonds, insurances, and those elements of the general
requirements which consist of a single, insolated effort such as dumpster disposal and safety
carpentry. The Department at its sole and absolute discretion may elect to increase the retention
of any trade Subcontractor up to ten percent (10%), in the event the Department determines
that the situation so warrants. The Department also in its sole and absolute discretion, may
elect to reduce the retainage relating to a particular trade Subcontractor, or the Cost of the
Work-related to a specific item of S elf-Performed Work to zero upon: (a) satisfactory
completion of such Work; (b) submission of all required warranties, certifications, and
operating or maintenance instructions with respect to that Work; and (c) execution of
appropriate waivers of lien and releases of claims. However, in no event shall the total
retainage held by the Department be reduced to an amount that is less than two and one -half
percent (2.5%) of the GMP.
Section 10.3 Stored Materials.
The Department shall not be required to pay for materials stored at the site or stored at
other locations absent prior written authorization to do so, which authorization may be withheld
at the Department's sole discretion. If the Department expressly agrees to pay for materials
stored at the site but not yet incorporated into the Work, the Application for Payment may also
include a request for payment of the cost of such materials, if the materials have been delivered
to the site, and suitably stored. Such requests shall be documented by appropriate invoices and

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bills of sale. Payment for stored materials shall be conditioned also on the Design- Builder’s
representation that it has inspected the material and found it to be free from defect and
otherwise in conformity with this Agreement, and on satisfactory eviden ce that the materials
are insured under the builder’s risk policy. Further, if the Design- Builder requests the
Department to allow payments for storage of materials offsite, the Design -Builder shall be
required, inter alia, to agree to the execution of pr oper Project documentation to afford the
Department a secured interest in the materials upon payment.
Section 10.4 Design-Builder’s Certification.
Each Application for Payment shall be accompanied by the Design- Builder's signed
certification that:
Section 10.4.1. all amounts paid to the Design-Builder on the previous Application for
Payment that were attributable to Subcontractor Work or to materials or equipment being
supplied by any supplier have been paid over to the appropriate Subcontractors and suppliers;
Section 10.4.2. that all amounts currently sought for Subcontractor Work or supply of
materials or equipment are currently due and owing to the Subcontractors and material or
equipment suppliers;
Section 10.4.3. that all Work, materials or equipment for which payment is sought is,
to the best of the Design- Builder's knowledge, free from defect and meets all of the
requirements set forth in the Agreement:
Section 10.4.4. that the Design-Builder’s subcontracts include the clauses required by
subparagraphs (1) through (4) of D.C. Official Code §2-221.02(d) (2017).
Section 10.4.5. The Design-Builder shall not include in an Application for Payment
amounts for Work for which the Design-Builder does not intend to pay.
10.6 Lien Waivers.
Each Application for Payment shall be accompanied by written waivers of the right to
file a
mechanic’s lien and all other claims, in a form substantially similar to Exhibit K for the
Design-Builder and all Subcontractors and material suppliers at all tiers who have supplied
labor or material or both for which payment is requested, subject only to the receipt of payment.
If the Department so requests, the Design -Builder shall also submit unconditional waivers of
liens for itself and all Subcontractors and material suppliers at all tiers with respect to Work or
materials or equipment for which payment has been previously made, and additional forms of
waiver acknowledging receipt of final payment under the Agreement, and providing final
release of such liens.
Section 10.7 Warrant y of Title.
By submitting an Application for Payment, the Design- Builder warrants to the
Department that title to all Work for which payment is sought will pass to the Department,
without liens, claims, or other encumbrances, upon the receipt of payment by the Department.
The Department may require the execution of appropriate Project documents to confirm the
passage of a clear title. Passage of title shall not operate to pass the risk of loss with respect to
the Work in question. Risk of loss remains with the Design- Builder until Substantial
Completion, unless otherwise agreed by the Department, in writing.

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Section 10.8 Submission.
On the twenty- fifth day of each month, the Design -Builder shall submit to the
Department (with a copy to the Program Manager) an Application for Payment, which
Application for Payment shall cover the entire month during which the Application for
Payment is submitted. All amounts formally submitted via Application for Payment and not
disputed by the Department shall be due and payable on the last day of the month following
submission or, if that is not a business day, on the following business day. If the Design-
Builder and Department are unable to agree on the amounts properly due and owing, the
Department shall pay in accordance with its good faith determination, and the Design-Builder
may protest and pursue a claim as provided in this Agreement and the Standard Contract
Provisions (Construction Contracts and Architectural and Engineering Services Contracts).
Section 10.9 Right to Withhold Payments.
The Department will notify the Design -Builder within fifteen (15) days after receiving
any Application for Payment of any defect in the Application for Payment or the Design-
Builder’s performance which may result in the Department’s declining to pay all or a part of
the requested amount. The Department may withhold payment from the Design- Builder, in
whole or part, as appropriate, if:
Section 10.9.1 the Work is defective and such defects have not been remedied;
or
Section 10.9.2 the Department has determined that the Design -Builder’s
progress has fallen behind the Project Schedule, and the Design- Builder fails,
within ten (10) calendar days of the Department’s written demand, to provide
the Department with a realistic and acceptable Recovery Plan in accordance
with Section 5.19; or
Section 10.9.3 the Design-Builder's monthly schedule update reflects that the
Design-Builder has fallen behind the Project Schedule, and the Design-
Builder fails to include, in the same monthly report, a realistic and
acceptable Recovery Plan in accordance with Section 5.19; or
Section 10.9.4 the Design -Builder has failed to provide reports in full
compliance with Section 5.5 of this Agreement; or
Section 10.9.5 the Design-Builder has failed to pay Subcontractors or suppliers
promptly or has made false or inaccurate certifications that payments to Subcontractors
or suppliers are due or have been made; or
Section 10.9.6 any mechanic’s lien has been filed against the Department, the
site or any portion thereof or interest therein, or any improvements on the site, even
though the Department has paid all undisputed amounts due to the Design-Builder, and
the Design -Builder, upon notice, has failed to remove the lien, by bonding it off or
otherwise, within ten (10) calendar days; or
Section 10.9.7 the Department has reasonable evidence that the Work will not
be completed by the Substantial Completion Date, as required, that the unpaid balance
of the GMP would not be adequate to cover actual or liquidated damages arising from
the anticipated delay; or

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Section 10.9.8 the Department has reasonable evidence that the Work cannot be
completed for the unpaid balance of the GMP; or
Section 10.9.9 the Design -Builder is otherwise in substantial breach of this
Agreement including, without limitation, failures to comply with LSDBE Utilization
requirements or;
Section 10.9.10 the Application for Payment is incomplete,
unsubstantiated, and/or does not contain sufficient documentation for evaluation by the
Contracting Officer.
Section 10.10 Payment Not Acceptance.
Payment of any progress payment or final payment shall not constitute acceptance of
Work that is defective or otherwise fails to conform to the Agreement or a waiver of any rights
or remedies the Department may have with respect to defective or nonconforming Work.
Section 10.11 Department Not Obligated to Others.
The Department shall have no obligation to pay or be responsible in any way for
payments to a consultant or subcontractor performing portions of the Work.
Section 10.12 Final Payment.
A final payment (“Final Payment”) shall be made by the Department to the Design-
Builde
r when: (i) Final Completion has been achieved; (ii) all deliverables set forth in Section
5.14, and Exhibit N have been delivered to and are accepted by the Department; (iii) the
Design-Builder provides the Department a complete set of product manuals (O&M), training
videos, and warranties, as applicable; and (iv) a complete final Application for Payment and a
final accounting for the Cost of the Work has been submitted by the Design- Builder and
reviewed by the Department and, to the extent the Department determines appropriate, the
Department’s accountants. The Department shall make the Final Payment not more than thirty
(30) days after the Department verifies the amount of the final payment set forth in a complete
final Application for Payment.
Section 10.12. 1 The amount of the Final Payment shall be calculated as
follows:

Section 10.12.1.1 Take the sum of the Cost of the Work substantiated by
the Design-Builder’s final accounting and the Design-Build Fee; but not more than
the GMP.

Section 10.12.1.2 Subtract amounts, if any, for which the Department
withholds pursuant to the Agreement.
Section 10.12.1.3 Subtract the aggregate of previous payments made by the
Department. (If the aggregate of previous payments made by the Department exceeds
the amount due the Design-Builder, the Design- Builder shall promptly reimburse the
difference to the Department).
Section 10.12.1.4 The Final Payment shall take into account any savings
accruing to the Department or the Design-Builder.
Section 10.12.1.5 The Department will review and report in writing on the
Design-Builder’s final accounting within 30 days after delivery of the final accounting

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to the Department by the Design-Builde r. Based upon the Department’s determination
of the Cost of the Work, and provided the other conditions of Section 10.12.1 have
been met, the Department will, within fifteen (15) days after the Department’s
determination, notify the Design- Builder of any amount that the Department will
withhold and the reasons therefor. The time periods stated in this Section 10.12.1.5
supersede those for typical progress payments.
Section 10.12.1.6 If the Department determines that the Cost of the Work
is other than that claimed by the Design -Builder, the Design-Builder shall be entitled
to proceed in accordance with Article 3 of the Standard Contract Provisions
(Construction Contracts). Pending a final resolution of the disputed amount, the
Department shall pay the Design-Builder the amount that the Department determines
to be appropriate.

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13 Article 11 - INSURANCE
Section 11.1 Insurance Required by the Project

A. GENERAL REQUIREMENTS. The Contractor at its sole expense shall procure and
maintain, during the entire period of performance under 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 finan cially 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.
General liability, commercial auto, workers' compensation and property
insurance policies (if applicable to this agreement) shall contain a waiver of subrogation
provision in favor of the Government of the District of Columbia.

The G
overnment 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 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

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Contractor or its subcontractors, or anyone for whom the Contractor or its
subcontractors may be liable. These policies shall include a separation of insureds
clause applicable to the additional insured.

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

B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - T he 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 limit including
explosion, collapse and underground hazards.

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

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

2. Automobile Liability Insurance - T he Contractor shall provide evidence satisfactory
to the CO of commercial (business) automobile liability insurance written on ISO
form CA 00 01 10 13 (or another form with coverage at least as broad and approved
by the CO in writing) including coverage for all owned, hired, borrowed and non-
owned vehicles and equipment used by the Contractor, with minimum per accident
limits equal to the greater of (i) the limits set forth in the Contractor’s commercial
automobile liability policy or (ii) $1,000,000 per occurrence combined single limit
for bodily injury and property damage.

3. Workers’ Compensation Insurance - T he 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 - T he Contractor shall provide evidence satisfactory

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to the CO of employer’s liability insurance as follows: $500,000 per accident for
injury; $500,000 per employee for disease; and $500,000 for policy disease limit.

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

4. Cyber Liability Insurance - T he 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.

5. Environmental Liability/Contractors Pollution Liability Insurance - T he Contractor
shall provide evidence satisfactory to the CO of environmental liability insurance
covering losses caused by pollution or other hazardous conditions arising from
ongoing or completed operations of the Contractor. Such insurance shall apply to
bodily injury, property damage (including loss of use of damaged property or of
property that has been physically injured), clean-up costs, transit and non -owned
disposal sites. Coverage shall extend to defense costs and expenses incurred in the
investigation, civil fines, penalties and damages or settlements. There shall be
neither an exclusion nor a sublimit for mold or fungus-related claims. The
minimum limits required under this paragraph shall be equal to the greater of (i) the
limits set forth in the Contractor’s pollution liability policy or (ii) $2,000,000 per
occurrence and $2,000,000 in the annual aggregate. If such coverage is written on
a claims-made basis, the Contractor warrants that any retroactive date applicable to
coverages under the policy precedes the Contractor’s performance of any work
under the Contract and that continuous completed operations coverage will be
maintained for at least ten (10) years or an extended reporting period shall be
purchased for no less than ten (10) years after completion.

The C
ontractor also must furnish to the CO - Owner certificates of insurance
evidencing environmental liability insurance maintained by third party
transportation and disposal site operators(s) used by the Contractor for losses
arising from facility(ies) accepting, storing or disposing hazardous materials or
other waste as a result of the Contractor’s operations. Such coverages must be
maintained with limits of at least the amounts set forth above.

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

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7. Professional Liability Insurance (Errors & Omissions) - T he 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.

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

9. Commercial Umbrella or Excess Liability - T he 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) $10,000,000 per occurrence and
$10,000,000 in the annual aggregate, following the form and in excess of all liability
policies. All liability coverages must be scheduled under the umbrella and/or excess
policy. The insurance required under this paragraph shall be written in a form that
annually reinstates all required limits. Coverage shall be primary to any insurance,
self-insurance or reinsurance maintained by the District and the “other insurance”
provision must be amended in accordance with this requirement and principles of
vertical exhaustion.

Construction Projects Controlled by the District

For construction projects controlled by the District, the District will procure
the following policies with the District listed as the first named insured. Since the
District will control the placement of the policies, the District should not
contractually bind itself to secure coverage broader than the minimum that satisfy
the interests of the Contractor.

Builders Risk – The District shall purchase and maintain, in a company
authorized to do business in the jurisdiction in which the project is located, builders
risk insurance, written on an “all risk”, special causes of loss or equivalent form.
Builders risk coverage will include boiler and machinery / equipment breakdown,
earthquake and flood perils. Building ordnance and terrorism coverage will be
included.

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The deductible shall not exceed $25,000 except for earthquake, flood,
windstorm, water damage or other perils at the discretion of the District and as
available in the insurance industry.

The project limit shall equal the replacement value of the structure, including
coverage for property in transit and stored off premises.

At the discretion of the District, builders risk coverage will extend to soft
costs and delayed completion.

Builders risk insurance shall include the interests of The Government of the
District of Columbia, the Contractor, Subcontractors and Sub – subcontractors in
the project.

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

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

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

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

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

H. NOTIFICATION. 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.

I. 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 to:

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The Government of the District of Columbia

And email to the attention of:
Peter Henry Lyonga
Contracting Officer
Department of General Services
Contracts & Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Peterhenry.lyonga@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).

J. DISCLOSURE OF INFORMATION. The Contractor agrees that the District may
disclose the name and contact information of its insurers to any third party which
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.

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

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Article 12- BONDS

12.1 Performance Bond and Payment Bond.
The Design-Builder shall, before commencing the Construction Phase, provide to the
Department a payment bond and performance bond, each with a penal sum equal to the full
value of the Agreement, NTE or the GMP. Such bond shall remain in full force and effect until
Final Completion is achieved and the Department shall be able to draw upon such bond
regardless of the amount paid by the Department to the Design-Builder, even if such amount
exceeds the penal value of such bond. Unless otherwise directed by the Department, the
Design-Builder shall require all Subcontractors whose Subcontract prices exceed One Hundred
Thousand Dollars ($100,000) to provide payment and performance bonds, with a penal sum
equal to one hundred percent (100%) of the subcontract price. All bonds must be in a form
acceptable to the Department, its lenders or bond trustee, and issued by a surety authorized to
do business in the District of Columbia and bonding company listed on the United States
Department of Treasury’s Listing of Approved Sureties. All subcontractors’ bonds must
include a dual obligee rider, naming the Design-Builder and the Department as dual obligees.
If the Guaranteed Maximum Price is increased pursuant to the terms of the Agreement, the
Department may require that the amount of the bonds be increased in the amount of one
hundred percent (100%) of the increase, and the Design- Builder shall promptly comply. The
Design-Builder shall furnish a copy of its bonds to any potential beneficiary of the bonds or
permit that person or company to make a copy. If the bonds provided become unacceptable to
the Department, the Design- Builder shall promptly provide substitute security acceptable to
the Department. If the Design-Builder intends to exercise its rights as dual obligee under any
trade Subcontractor’s bond, it shall first give the Department twenty (20) days written notice,
so that the Department may lodge any objection it may reasonably have to the proposed action.

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Article 13 - ECONOMIC INCLUSION REQUIREMENTS
Section 13.1 LSDBE Utilization.

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

Sect
ion 13.2.1 Unless the Director of the Department of Small and Local Business
Development (DSLBD) has approved a waiver in writing, in accordance with D.C. Official
Code § 2-218.51, for all contracts in excess of $250,000, at least 35% of the dollar volume of
the contract shall be subcontracted to qualified small business enterprises (SBEs).
Section 13.2.2 If there are insufficient SBEs to completely fulfill the requirement of
Section 13.2.1, then the subcontracting may be satisfied by subcontracting 35% of the dollar
volume to any qualified certified business enterprises (CBEs); provided, however, that all
reasonable efforts shall be made to ensure that SBEs are significant participants in the overall
subcontracting work.
Section 13.2.3 A prime contractor that is certified by DSLBD as a small, local or
disadvantaged business enterprise shall not be required to comply with the provisions of
Sections 13.2.1 and 13.2.2.
Section 13.2.4 Except as provided in Sections 13.2.1 and 13.2.2, a prime contractor
that is a CBE and has been granted a proposal preference pursuant to D.C. Official Code §
2-218.43, or is selected through a set -aside program, shall perform at least 35% of the
contracting effort with its own organization and resources and, if it subcontracts, 35% of the
subcontracting effort shall be with CBEs. A CBE prime contractor that performs less than
35% of the contracting effort shall be subject to enforcement actions under D.C. Official
Code § 2-218.63.
Section 13.2.5 A prime contractor that is a certified joint venture and has been
granted a proposal preference pursuant to D.C. Official Code § 2 -218.43, or is selected
through a set-aside program, shall perform at least 50% of the contracting effort with its own
organization and resources and, if it subcontracts, 35% of the subcontracting effort shall be
with CBEs. A certified joint venture prime contractor that performs less than 50% of the
contracting effort shall be subject to enforcement actions under D.C. Official Code § 2-
218.63.

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Section 13.2.6 Each CBE utilized to meet these subcontracting requirements shall
perform at least 35% of its contracting effort with its own organization and resources.
Section 13.3 Subcontr acting Plan (Exhibit D)
If the Design-Builder is required by law to subcontract under this Agreement, then the
subcontracting plan submitted with its Proposal, may only be amended with the prior written
approval of the Contracting Officer and Director of DSLBD, as previously stated herein; and,
any reduction in the dollar volume of the subcontracted portion resulting from an amendment
of the Subcontracting Plan shall inure to the benefit of the District. The Subcontracting Plan
shall include the following:
(1) The name and address of each subcontractor;
(2) A current certification number of the small or certified business enterprise;
(3) The scope of work to be performed by each subcontractor; and
(4) The price that the prime contractor will pay each subcontractor.

Section 13.4 Copies of Subcontracts
Within twenty-one (21) days of the date of award, the Contractor shall provide fully
executed copies of all subcontracts identified in the subcontracting plan to the Contracting
Officer (CO), District of Columbia Auditor and the Director of DSLBD.
Section 13.5 Subcontracting Plan Compliance Reporting
Section 13.5.1 If the Contractor has a subcontracting plan required by law for this
contract, the Contractor shall submit a quarterly report to the Contracting Officer,
District of Columbia Auditor, and the Director of DSLBD. The quarterly report shall
include the following information for each subcontract identified in the subcontracting
plan:
(A) The price that the prime contractor will pay each subcontractor under
the subcontract;
(B) A description of the goods procured or the services subcontracted for;
(C) The amount paid by the prime contractor under the subcontract; and
(D) A copy of the fully executed subcontract, if it was not provided with
an earlier quarterly report.

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

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Section 13.6 Annual Meetings
Upon at least 30-days written notice provided by DSLBD, the Contractor shall meet annually
with the CO, CA, District of Columbia Auditor and the Director of DSLBD to provide an
update on its subcontracting plan.
Section 13.7 DSLBD Notices
The Contractor shall provide written notice to the DSLBD and the District of Columbia
Auditor upon commencement of the contract and when the contract is completed.
Section 13.8 Enforcement and Penalties for Breach of Subcontracting Plan
Section 13.8.1 A contractor shall be deemed to have breached a subcontracting plan
required by law if the contractor (i) fails to submit subcontracting plan monitoring or
compliance reports or other required subcontracting information in a reasonably timely
manner; (ii) submits a monitoring or compliance report or other required subcontracting
information containing a materially false statement; or (iii) fails to meet its subcontracting
requirements.
Section 13.8.2 A contractor that is found to have breached its subcontracting plan for
utilization of CBEs in the performance of a contract shall be subject to the imposition of
penalties, including monetary fines in accordance with D.C. Official Code § 2-218.63.
Section 13.8. 3 If the CO determines the Contractor’s failure to be a material breach
of the contract, the CO shall have cause to terminate the contract under the default provisions
in Article 16 of the Contract.
Section 13.8.4 Neither the Design -Builder nor a Subcontractor may remove a
Subcontractor or tier-Subcontractor if such Subcontractor or tier -Subcontractor is certified
as an LSDBE company unless the Department approves of such removal, in writing. The
Department may condition its approval upon the Design- Builder developing a plan that is,
in the Department’s sole and absolute judgment, adequate to maintain the level of LSDBE
participation in the Project.
Section 13.9 Equal Employment Opportunity and Hiring of District Residents
Section 13.9.1 For contracts for services in the amount of $300,000 or more, the
Design-Builder shall comply with the First Source Employment Agreement Act of 1984,
as amended, D.C. Official Code § 2-219.01 et seq. (“First Source Act”).
Section 13.9.2 Th e Design-Builder shall enter into and maintain during the term of
the Contract, a First Source Employment Agreement ( Exhibit V) with the District of
Columbia Department of Employment Services ( “DOES”), in which the Design-Builder
shall agree that: (a) The first source for finding employees to fill all jobs created in order to
perform the Contract shall be the First Source Register; and (b) The first source for finding
employees to fill any vacancy occurring in all jobs covered by the Employment Agreement
shall be the First Source Register.
Section 13.9.3 If applicable, the Design-Buil der shall comply with subchapter X of
Chapter II of Title 2, and all successor acts thereto, including by not limited to the
Workforce Intermediary Establishment and Reform of First Source Amendment Act of
2011, and the rules and regulations promulgated thereunder, including, but not limited to

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the following requirements:
a) At least twenty percent (20%) of Journey worker hours by trade shall be performed
by District residents;
b) At least sixty percent (60%) of apprentice hours by trade shall be performed by
District residents;
c) At least fifty-one percent (51%) of the skilled laborer hours by trade shall be
performed by District residents; and
d) At least seventy percent (70%) of common laborer hours shall be performed by
District residents.
Section 13.9.4 The Design-Builder shall not begin the performance of the Contract
until its Employment Agreement has been accepted by DOES. Once approved, the
Employment Agreement shall not be amended except with the approval of DOES.
Section 13.9.5 The Design-Builder agrees that at least 51% of the new employees
hired to perform the Contract shall be District residents. The Design -Builder shall ensure
that at least fifty -one percent (51%) of the Design- Builder and every sub-consultants and
subcontractor’s employees hired after the effective date of the Agreement, or after such
subconsultant or subcontractor enters into a contract with the Design-Builder, to work on
the Project shall be residents of the District of Columbia. This percen tage shall be applied
in the aggregate, and not trade by trade.
Section 13.9.6 The Contractor’s hiring and reporting requirements under the First
Source Act and any rules promulgated thereunder shall continue for the term of the
Contract.
Section 13.9.7 The CO may impose penalties, including monetary fines of 5% of
the total amount of the direct and indirect labor costs of the Contract, for a willful breach
of the Employment Agreement, failure to submit the required hiring compliance reports, or
deliberate submission of falsified data.
Section 13.9.8 If the Design-Builder does not receive a good faith waiver, the CO
may also impose an additional penalty equal to 1/8 of 1% of the total amount of the direct
and indirect labor costs of the Contract for each percentage by which the Design-Builder
fails to meet its hiring requirements.
Section 13.9.9 Any contractor which violates, more than once within a 10- year
timeframe, the hiring or reporting requirements of the First Source Act shall be referred for
debarment for not more than five (5) years.
Section 13.9.10 The Design-Builder may appeal any decision of the CO pursuant
to this clause to the DC Contract Appeals Board located at 441 4th Street, NW, Suite 350N,
Washington, DC 20001.
Section 13.9.11 The provisions of the First Source Act do not apply to nonprofit
organizations which employ 50 employees or less.
Section 13.9.12 Construction projects or contracts covered by this Section 4.2.8 of
the Contract shall be subject to the hiring and reporting requirements set forth in this

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Section until construction is completed and a final certificate of occupancy has been issued.
Section 13.10 Economic Inclusion Reporting Requirements
Section 13.10.1 Upon execution of the Agreement, the Design- Builder and all its
member firms, if any, and each of its Subcontractors 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 13.10.2 The Design-Builder and its constituent entities shall comply with
subchapter X of Chapter II Title 2, and subchapter II of Chapter 11 of Title 1 of the D.C.
Code, and all successor acts thereto and the rules and regulations promulgated thereunder.
The Design-Builder and all member firms and Subcontractors shall execute a First Source
Agreement with the District of Columbia Department of Employment Services (“DOES”)
prior to beginning work at the Project site.
Section 13.10.3 The Design-Builder shall maintain detailed records relating to the
general hiring of District of Columbia and community residents.
Section 13.10.4 The Design -Builder shall be responsible for: (i) including the
provisions of Section 9.3 in all subcontracts; (ii) collecting the information required in
Section 9.3 from its Subcontractors; and (iii) providing the information collected from its
Subcontractors in the reports required to be submitted by the Design- Builder pursuant to
Section 9.3.
Section 13.10.5. (Reserved.)
Section 13.10.6 Livi ng Wage Act . In addition to the requirements set forth in the
First Source Employment Agreement, the Design -Builder shall comply with all applicable
provisions of the Living Wage Act of 2006, Exhibit Q, as amended (codified at D.C. Official
Code §§ 2-220.01 et seq.) and its implementing regulations.
Section 13.10.7 A pprenticeship Act. The D.C. Apprenticeship Act of D.C. Law 2-156,
(as amended, the Act) may apply to these Projects. As applicable, the Design- Builder firms
and their subcontractors selected to perform work on the Projects on a craft-by-craft basis may
be required to comply with the Act. If applicable, all terms and conditions of the D.C.
Apprenticeship Council Rules and Regulations shall be implemented, and the selected Design-
Builder firms shall be liable for any subcontractor non-compliance. Thirty-Five percent (35%)
of all apprentice hours worked on the Project shall be worked by District residents
Section 13.11 WAY TO WORK AMENDMENT ACT OF 2006
Section 13.11.1. Except as described in Section 13.14.8 below, the Design-Builder shall
comply with Title I of the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C.
Law 16-118, D.C. Official Code §2-220.01 et seq.) (“Living Wage Act of 2006”), for contracts
for services in the amount of $100,000 or more in a 12-month period.
Section 13.11.2 The Design-Builder shall pay its employees and subcontractors who
perform services under the Contract no less than the current living wage.
Section 13.11.3 The Design-Builder shall include in any subcontract for $15,000
or more a provision requiring the subcontractor to pay its employees who perform services
under the Contract no less than the current living wage rate.

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Section 13.11.4 The DOES may adjust the living wage annually and Design-
Builder will find the current living wage rate on its website at www.does.dc.gov.
Section 13.11.5 The Design -Builder shall provide a copy of the Fact Sheet
attached within Exhibit Q to each employee and subcontractor who performs services under
the Contract. The Design -Builder shall also post the Notice attached within Exhibit Q in a
conspicuous place in its place of business. The Design-Builder shall include in any subcontract
for $15,000 or more a provision requiring the subcontractor to post the Notice in a conspicuous
place in its place of business.
Section 13.11.6 The Design-Builder shall maintain its payroll records under the
Contract in the regular course of business for a period of at least three (3) years from the payroll
date, and shall include this requirement in its subcontracts for $15,000 or more under the
Contract.
Section 13.11.7 The payment of wages required under the Living Wage Act of 2006
shall be consistent with and subject to the provisions of D.C. Official Code §32-1301 et seq.

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Section 13.11.8 The requirements of the Living Wage Act of 2006 do not apply
to:
(1) Contracts or other agreements that are subject to higher wage level determinations
required by federal law;
(2) Existing and future collective bargaining agreements, provided, that the future
collective bargaining agreement results in the employee being paid no less than the established
living wage;
(3) Contracts for electricity, telephone, water, sewer or other services provided by a
regulated utility;
(4) Contracts for services needed immediately to prevent or respond to a disaster or
imminent threat to public health or safety declared by the Mayor;
(5) Contracts or other agreements that provide trainees with additional services including,
but not limited to, case management and job readiness services; provided that the trainees do
not replace employees subject to the Living Wage Act of 2006;
(6) An employee under 22 years of age employed during a school vacation period, or
enrolled as a full -time student, as defined by the respective institution, who is in high school
or at an accredited institution of higher education and who works less than 25 hours per week;
provided that he or she does not replace employees subject to the Living Wage Act of 2006;
(7) Tenants or retail establishments that occupy property constructed or improved by
receipt of government assistance from the District of Columbia; provided, that the tenant or
retail establishment did not receive direct government assistance from the District;
(8) Employees of nonprofit organizations that employ not more than 50 individuals and
qualify for tax exemption pursuant to section 501(c)(3) of the Internal Revenue Code of 1954,
approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3);
(9) Medicaid provider agreements for direct care services to Medicaid recipients, provided,
that the direct care service is not provided through a home care agency, a community residence
facility, or a group home for mentally retarded persons as those terms are defined in section 2
of the Health -Care and Community Residence Facility, Hospice, and Home Care Licensure
Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501); and
(10) Contracts or other agreements between managed care organizations and the Health Care
Safety Net Administration or the Medicaid Assistance Administration to provide health
services.

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

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Article 14 - LIQUIDATED DAMAGES
Section 14.1 Reserved.

Section 14.2 Delay in Substantial Completion.
If the Design -Builder fails to achieve Substantial Completion of the Project by the
Substantial Completion Date, the Parties acknowledge and agree that the actual damage to the
Department for the delay will be impossible to determine, and in lieu thereof, the Design -
Builder shall pay to the Department, as fixed, agreed and liquidated delay damages in the
amount set forth in the Project Information Section of this Agreement per day for each calendar
day of delay for failure to meet the applicable Substantial Completion Date.
The Design-Builder and the Department agree that the liquidated damages set forth in
this Article do not constitute, and shall not be deemed, a penalty but represent a reasonable
approximation of the damages to the Department associated with a delay in the Project. These
damages shall not apply if the delay is the result of force majeure and the Design-Builder
otherwise complies with the provisions set forth in the Standard Contract Provisions
(Construction Contracts and Architectural/Engineering Services Contracts).
Section 14.3 Early Completion. In the event the Design- Builder achieves Substantial
Completion of the Project prior to the Substantial Completion Date, the Design- Builder shall
maintain the completed Project, at its own expense, until such time that the Department agrees
to occupy and use the Project for its intended use.

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Article 15 - MISCELLANEOUS PROVISIONS
Section 15.1 Ownership and Use of Project Documents . The Drawings, Specifications,
and other Project Documents prepared by the Design-Builder’s Architect and copies thereof
furnished to the Design-Builder, are for use solely with respect to this Project. They are not to
be used by the Design- Builder, Subcontractors, Sub-subcontractors, or suppliers on other
projects, or for additions to this Project outside the scope of the Work, without the specific
written consent of the Department, and the Design-Builder’s Architect. The referenced
Drawing, Specifications , a nd other Project Documents shall become the property of the
Department. The District will be the sole owner of all project drawings, specifications, and
other Project Documents, and the Design-Builder shall provide the District with a complete set
of “as-built” within sixty (60) days of final completion.
Section 15.2 Assignment.
The Department and Design- Builder respectively bind themselves, their partners, members,
joint venturers, constituent entities, successors, assigns and legal representatives to the other
party hereto and to partners, members, joint venturers, constituent entities, successors, assigns,
and legal representatives of such other party in respect to covenants, agreements , and
obligations contained in the Agreement. Neither party to the Agreement shall assign the
Agreement or its rights and obligations under the Agreement, without the written consent of
the other party. If either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations under the Agreement.
Section 15.3 Buy American Act Provision.
The Design-Builder shall comply with the provisions of the Buy American Act (41 U.S.C. §
10a-10d), including, but not limited to, the purchase of steel.
Section 15.3.1 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 Design- Builder agrees that only domestic
construction material will be used by the Design- Builder, subcontractors,
material men and suppliers in the performance of the Agreement, except for
non-domestic material listed in the Agreement.
“Components” as used in this Section, means those articles, materials and supplies
incorporated directly into the end products.
“Domestic end product”, as used in this section, means, (1) an unmanufactured end
product mined or produced in the United States, or (2) an end product manufactured in
the United States, if the cost of its components mined, produced, or 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.
“End Products”, as used in this Section, means those articles, materials, and supplies to
be acquired for public use under this Contract.

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The Design-Builder shall deliver only domestic end products, except those:
1. For use outside the United States;
2. That the District determines are not mined, produced, or manufactured in the
United States in sufficient and reasonably available commercial quantities of
a satisfactory quality;
3. For which the District determines that domestic preference would be
inconsistent with the public interest; or
4. For which the District determines the cost to be unreasonable.
Section 15.3.2 Domestic Construction Material. “Construction
material” means any article, material , or supply brought to the construction site for
incorporation in the building or work. An unmanufactured construction material is a
“domestic construction material” if it has been mined or produced in the United States.
A manufactured construction material is a “domestic construction material” if it has been
manufactured in the United States and if the cost of its components which have been
mined, produced, or manufactured in the United States exceeds 50 percent of the cost of
all its components. “Component” means any article, material, or supply directly
incorporated in construction material.
Section 15.3.3 Domestic Component. A component shall be
considered to have been “mined, produced, or manufactured in the United States”
regardless of its source, in fact, if the article, material, or supply in which it is
incorporated was manufactured in the United States and the component is of a class or
kind determined by the Government to be not mined, produced or manufactured in the
United States in sufficient and reasonably available commercial quantities and of
satisfactory quality.
Section 15.3.4 Foreign Material. When steel materials are used in a
project, a minimal use of foreign steel is permitted. The cost of such materials cannot
exceed one-tenth of one percent of the total project cost or $2,500,000, whichever is
greater.
Section 15.4 Davis-Bacon Act Provision.
The Design-Builde r agrees that the construction work performed under this Agreement
shall be subject to the Davis-Bacon Act (40 U.S.C. §§ 276a-276a-7), Exhibit G1 and Title 29
Code of Federal Regulations (“CFR”) Exhibit G2. The wage rates applicable to this Project are
attached as Exhibits G1 and Exhibit G2. The Design-Builder further agrees that it and all of
its subcontractors shall comply with the regulations implementing the Davis -Bacon Act and
Title 29 CFR and such regulations are hereby incorporated by reference. At such time as the
Design-Builder is preparing its GMP, the Design-Builder shall include the current Davis-Bacon
wage rates in its GMP.
Section 15.5 The Qui ck Payment Clause

Section 15.5.1 Interest Penalties to Contractors
Section 15.5.1.1 The District will pay interest penalties on amounts due to the
Design-Builder under the Quick Payment Act, D.C. Official Code §2-221.01 et seq ., as
amended, for the period beginning on the day after the required payment date and ending on

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the date on which payment of the amount is made. Interest shall be calculated at the rate of
1.5% per month. No interest penalty shall be paid if payment for the completed delivery of the
item of property or service is made on or before the required payment date. The required
payment date shall be:

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

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

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

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

Section 15.5.2 Payments to Subcontractors

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

a. Pay the subcontractor for the proportionate share of the total payment received
from the District that is attributable to the subcontractor for work performed
under the Contract; or
b. Notify the Contracting Officer and the subcontractor, in writing, of the Design-
Builder’s intention to withhold all or part of the subcontractor’s payment and
state the reason for the nonpayment.

Section 15.5.2.2 The Design -Builder must pay any subcontractor or supplier interest
penalties on amounts due to the subcontractor or supplier beginning on the day after the
payment is due and ending on the date on which the payment is made. Interest shall be
calculated at the rate of 1.5% per month. No interest penalty shall be paid on the following if
payment for the completed delivery of the item of property or service is made on or before:

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

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

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

Section 15.5.3 Subcontractor Quick Payment Clause Flow-Down Requirements

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

Section 15.5.4 Requirements for Change Order Payments

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

a. Agrees with the Prime Contractor and, if applicable, the subcontractor on a price
for the additional work;
b. 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;
c. Has made a written, binding commitment with the Prime Contractor to pay for the
additional work within 30 days after the Prime Contractor submits a proper invoice
for the additional work to the CO; and
d. Gives written notice of the funding certification from the Chief Financial Officer to
the Prime Contractor;

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

a. Within 5 business days of receipt of the notice required under subparagraph (A)(iv)
of this paragraph, provide the subcontractor with notice of the approved amount to
be paid to the subcontractor based on the portion of the additional Work to be
completed by the subcontractor;
b. Pay the subcontractor any undisputed amount to which the subcontractor is entitled
for any additional work within 10 days of receipt of payment for the additional
Work from the District; and
c. If the Prime Contractor withholds 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.

Section 15.5.4.3 The Department, Design -Builder, Design-Builder Architects, or a
subcontractor are prohibited from declaring another party to the contract to be in default or

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assessing, claiming, or pursuing damages for delays in the completion of the construction due
to the inability of the parties to agree on a price for the additional work.
Section 15.5.4.4 Authorized Changes By The Contracting Officer

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

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

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

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

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

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

1. This Agreement and its Modifications, Change Orders, Change Directives and any
Exhibits thereto;
2. The Department’s Standard Contract Provisions (Construction Contracts and
Architectural/Engineering Services Contracts), as amended, and any missing term in
this Agreement shall be addressed in accordance with the Standard Contract Provisions;
and
3. The Construction documents released or approved by the Department.

Section 15.9 Independent Contractor. The Design-Builder and the Design-
Builder’s employees: (1) shall perform the services specified herein as independent
contractors, not as employees or agent of the District, or joint venture or partner with
the District; (2) shall be responsible for their own management and administration of
the work required and bear sole responsibility for complying with any and all technical,
schedule, financial requirements or constraints attendant to the performance of this

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Agreement; (3) shall be free from supervision or control by any government employee
with respect to the manner or method of performance of the service specified; but (4)
shall, pursuant to the government’s right and obligation to inspect, accept or reject
work, comply with such general direction of the CO, or the duly authorized
representative of the CO as is necessary to ensure accomplishment of the Agreement
objectives. The Design-Builder shall have exclusive authority to manage, direct, and
control the work, and shall be responsible for all means, methods, techniques,
sequences, and procedures, as well as for Project safety.

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

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

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

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

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

George Lewis, Associate Director
and Chief Procurement Officer
Department of General Services
3924 Minnesota Avenue, NE
Washington, DC 20019

Frank Chiaramonte
President
Chiaramonte-Davis, A Joint Venture
2260 Minnesota Avenue, SE
Washington, DC, 20020

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

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

Section 15.15 Survival. All agreements warranties and representations of the
Design-Builder contained in the Agreement or in any certificate or Project document

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furnished pursuant to the Agreement shall survive termination or expiration of the
Agreement.

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

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

Section 15.18 Headings/Captions. The headings or captions used in this Agreement
or its table of contents are for convenience only and shall not be used in interpreting the
Agreement.

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

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

Section 15.21 Anti-Deficiency Acts. The obligations and responsibilities of the
Department under the terms of the 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, 1511-1519 (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. IN ACCORDANCE WITH § 446 OF THE HOME RULE ACT,
D.C. CODE § 1-204.46, NO DISTRICT OF COLUMBIA OFFICIAL IS AUTHORIZED
TO OBLIGATE OR EXPEND ANY AMOUNT UNDER THE AGREEMENT OR

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CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS BEEN APPROVED, IS
LAWFULLY AVAILABLE, AND APPROPRIATED BY ACT OF CONGRESS.

Section 15.21.1 The Department agrees to exercise all lawful authority available to it
to satisfy the financial obligations of the Department 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 Contractor and this Agreement shall immediately terminate upon the
expiration of any then-existing appropriation.

Section 15.21.2 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 15.21.3 This Agreement shall not constitute an indebtedness of the District
and/or the Department , nor shall it constitute an obligation for which the Department is
obligated to levy or pledge any form of taxation or for which the District has levied or pledged
any form of taxation. No District of Columbia Official or employee is authorized to obligate
or expend any amount under this Agreement unless such amount has been appropriated by Act
of Congress and is lawfully available.

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

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

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

Section 15.25 Gratuities Not to Benefit Provisions.

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

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of the Design-Builder to proceed under the Agreement and may pursue such other rights and
remedies provided by law and under the Agreement.

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

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

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

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

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Section 15.27 Non-Discrimination in Employment Provisions.

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

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

1. The Design-Builder shall not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, age, marital
status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap.
2. The Design-Builder agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political
affiliation, or physical handicap. The affirmative action shall include, but not be
limited to, the following:

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

3. Unless otherwise permitted by law and directed by the Department, the Design-
Builder agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Department setting forth the provisions paragraphs
1 and 2 of Section 15.28.1(b) of this Agreement, concerning non-discrimination and
affirmative action.
4. The Design-Build er shall, in all solicitations or advertisements for employees
placed by or on behalf of the Design- Builder, state that all qualified applicants will receive
consideration for employment pursuant to the non- discrimination requirements set f orth in
Section 15.27.3.
5. The Design -Builder agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement, or other contract or
understanding, a notice to be provided by the Department, advising each labor union or
workers' representative of the Design-Builder’s commitments under this Section 15.27.1, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.

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6. The Design-Buil der agrees to permit access by the Department to all books,
records and accounts pertaining to its employment practices for purposes of investigation to
ascertain compliance with this Section 15.27.1, and to require under terms of any
Subcontractor agreement each Subcontractor to permit access of the Subcontractors, books,
records, and accounts for such purposes.
7. The Design-Builde r shall include in every subcontract this Section 15.27.1 so
that such provisions shall be binding upon each subcontractor or vendor.
8. The Design-Buil der shall take such action with respect to any subcontract as
the CO may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Design-Builder becomes involved in,
or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by
the Department, the Design -Builder may request the District to enter into such litigation to
protect the interest of the District.

Section 15.27.2 Pregnant Workers Fairness

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

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

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

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

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

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

Section 15.27.3 UNEMPLOYED ANTI-DISCRIMINATION

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

b. The Design-Builder shall not:

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

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

Section 15.28 ASSIGNMENT OF CONTRACT PAYMENTS

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

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

Section 15.29 FREEDOM OF INFORMATION ACT (“FOIA”)

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2-532 (a-
3), requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public function,
to the same extent as if the record were maintained by the agency on whose behalf the contract
is made. If the Design -Builder receives a request for such information, the Design-Builder
shall immediately send the request to the PM designated in Section 1.3 of this Agreement who
will provide the request to the FOIA Officer for the agency with programmatic responsibility
in accordance with the D.C. Freedom of Information Act. If the agency with programmatic
responsibility receives a request for a record maintained by the Design-Builder pursuant to the
Contract, the PM will forward a copy to the Design- Builder. In either event, the Design-
Builder is required by law to provide all responsive records to the PM within the timeframe
designated by the PM. The FOIA Officer for the agency with programmatic responsibility will
determine the releasability of the records. The District will reimburse the Design -Builder for
the costs of searching and copying the records in accordance with D.C. Official Code §2-532
and Chapter 4 of Title 1 of the D.C. Municipal Regulations.

Section 15.30 CAMPAIGN FINANCE REFORM ACT
Prior to the execution of this Contract, the Design- Builde r shall complete and submit to the
Department a completed Campaign Finance Reform Act Self -Certification Form, Exhibit X,
pursuant to D.C. Official Code § 1-1161.01.

Sect
ion 15.31 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code § 2-
222.01 et seq
15.31.1 Nonprofit organizations, as defined in the Act, shall include in their rates the
indirect costs incurred in the provision of goods or performance of services under this contract
pursuant to the nonprofit organization's unexpired Negotiated Indirect Cost Rate Agreement
(NICRA). If a nonprofit organization does not have an unexpired NICRA, the nonprofit
organization may elect to instead include in its rates its indirect costs:
(1) As calculated using a de minimis rate of 10% of all direct costs under this contract;
(2) By negotiating a new percentage indirect cost rate with the awarding agency;
(3) As calculated with the same percentage indirect cost rate as the nonprofit
organization negotiated with any District agency within the past 2 years; however, a nonprofit
organization may request to renegotiate indirect costs rates in accordance with 2.13.2; or
(4) As calculated with a percentage rate and base amount, determined by a certified
public accountant, as defined in the Act, using the nonprofit organization's audited financial
statements from the immediately preceding fiscal year, pursuant to the OMB Uniform
Guidance, and certified in writing by the certified public accountant.
15.31.2 If this contract is funded by a federal agency, indirect costs shall be

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consistent with the requirements for pass -through entities in 2 C.F.R. § 200.331, or any
successor regulations.

Section 15.31.3 The Contractor shall pay its subcontractors which are nonprofit
organizations the same indirect cost rates as the nonprofit organization subcontractors would
have received as a prime contractor.
Section 15. 32 Equal Employment Opportunity (“EEO”)

Each Offeror shall submit and EEO policy form substantially in the form of Exhibit P.

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ARTICLE 16- TERMINATION OR SUSPENSION
Section 16.1 All terminations or suspensions arising out of or under this Agreement
shall be in accordance with the terms of the Standard Contract Provisions (Construction
Contracts and Architectural/Engineering Services Contracts).
Section 16.2 Failure to Agree Upon GMP . The Department shall have the right to
terminate this Agreement in the event that the Department and the Design -Builder are unable
to agree upon a GMP for the Project and the Department shall have the right, but not the
obligation, to assume any of the Des ign-Builder’s trade subcontracts upon such terms and
conditions as requested by the Department. The Department’s decision to terminate under this
Section shall be made in the Department’s sole and absolute judgment and shall not be subject
to review by any reviewing body, including, but not limited to, arbitrators appointed under this
Agreement or any court of competent jurisdiction.
Section 16.3 Termination for Default . The Department may terminate the Agreement
for default if the Design -Builder fails to perform any of its duties or obligations under the
Agreement. In particular, but without limitation, the Department may terminate the Agreement
if:
1. The Design-Builder fails to perform the Work diligently, in accordance with the
Project Schedule or to make such progress in the Work as the Department reasonably believes
is necessary to complete the Project within the time required by the Agreement; or
2. The Design -Builder fails to perform the Work in a good and workmanlike
manner or to correct defects in the Work promptly upon notice by the Department; or
3. The Department reasonably determines that the Design-Builder has abandoned
the Work, or has failed to pay laborers, mechanics, materialmen, Subcontractors or suppliers
when payment is due; or
4. The Design-Builder becomes insolvent, makes an assignment for the benefit of
creditors, files a voluntary petition under any chapter of the Bankruptcy Code or has an
involuntary petition filed against it under any chapter of the Bankruptcy Code, or the Design-
Builder has a receiver appointed, or files for dissolution or otherwise is dissolved; or
5. The Design -Builder fails to pay its debts in a timely manner or becomes
insolvent, the Department reasonably determines that the Design- Builder does not have the
financial ability to carry out its obligations under the Agreement and the Design- Builder fails
to give the Department prompt and reasonable assurances of its ability to perform.
Section 16.3.1 The Department shall provide the Design- Builder with written notice of
its intent to terminate the Agreement, under this Section.
Section 16.3.2 If the Department terminates the Agreement for default, the Department
will have the right to take over the Work, to accept assignment of some or all Subcontracts or
agreements with material suppliers, to take possession of the Project, to take and use all tools,

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equipment and supplies then being used in connection with the Work, and to finish the Project
by whatever method it deems expedient, including accepting assignment of all outstanding
Subcontracts and Supply Agreements.
Section 16 .4 Termination for Convenience . The Department may terminate the
Contract in whole or specified part, for its convenience, for any reason. The notice of
termination shall state the effective date of termination, the extent of the termination, and any
specific instructions. The termination for convenience that arises out of or under this
Agreement shall be in accordance with the terms of the Standard Contract Provisions
(Construction Contracts and Architectural/Engineering Services Contracts).
Section 16.5 Continued Responsibility After Termination . If the Design -Builder is
terminated, for default, for Convenience or otherwise, the Design- Builder shall remain
responsible for defects or non-conformities in all Work performed to the date of the
termination.

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Article 17 – OTHER CONDITIONS AND SERVICES
This Agreement and the rights and obligations of the Department and Design-Builder
herein are subject to the approval of the Council of the District of Columbia.

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Article 18 – CHANGES IN THE WORK

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

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

Section 18.3 Department-Initiated Changes

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

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

3. If the Department has not yet directed the Design -Builder to proceed with the
change described by a Change Directive, the Department may rescind it. If the
Department wishes to proceed or has already directed the Design-Builder to
proceed, the Design-Builder shall immediately proceed with the changed Work

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and, the Department and the Design- Builder shall use their good faith best
efforts to reach an agreement upon the modifications to the Substantial or Final
Completion Dates, and/or the Guaranteed Maximum Price that is justified by
the Change Directive. If the Department and the Design- Builder reach an
agreement, the agreement shall be set forth in a Change Order and the Design-
Builder shall also execute it, at which point it will become binding on both
Parties.

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

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

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

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

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

2. The Design-Builder encounters differing site conditions or Hazardous Materials
not identified in the Preconstruction Phase.

Section 18.7 Deductive Change Orders. The Department reserves the right to issue
deductive Change Orders (reducing the Guaranteed Maximum Price or modifying the

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Substantial or Final Completion Dates to an earlier date) when changes are effected, by Change
Directive or otherwise, which will decrease the cost of completing the Work or the time within
which it can be completed.

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

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

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

Section 18.11 Mark-Up on Trade Work.
The maximum markup for Change Order work shall be as follows:

1. Intervening tier Subcontractors shall be entitled to a mark- up of five percent
(5%) (Covering home office overhead, the cost of insurance and bonds, field

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supervision, general conditions and profit) on Work Performed by lower -tier
Subcontractors;

2. To the extent permitted by Sec tion 18.8, the Design-Builder shall be entitled to
an increase in its Design-Build Fee at a maximum rate of 2% on work performed
by Subcontractors. Such markup shall cover the same cost elements that were
included in the Design-Build Fee;

3. Dir
ect Cost of the Work shall include, but not be limited to: (Direct Cost of the
Work does not, however, include home office overhead, field supervision,
general conditions or profit of either the Subcontractor or the Design-Builder.
No personnel above the level of a working foreman shall be considered a Direct
Cost of the Work).

(a) Labor. Payment will be made for direct labor cost plus indirect labor
cost such as insurance, taxes, fringe benefits and welfare provided such
costs are considered reasonable. Indirect costs shall be itemized and
verified by receipted invoices. If verification is not possible, up to five
percent (5%) of direct labor costs may be allowed.

(b) Rented Equipment . Payment for required equipment rented from an
outside company that is neither an affiliate of, nor a subsidiary of, the
Design-Builder will be based on receipted invoices which shall not
exceed rates given in the current edition of the Rental Rate Blue B ook
for Construction Equipment. published by Data Quest. If actual rental
rates exceed manual rates, written justification shall be furnished to the
Contracting Officer for consideration. No additional allowance will be
made for overhead and profit. The Design-Builder shall submit written
certification to the Contracting Officer that any required rented
equipment is neither owned by nor rented from the Design-Builder or an
affiliate of or subsidiary of the Design-Builder.

(c) Design-Builder’s Equipment. Payment for required equipment owned
by the Design-Builder or an affiliate of the Design-Builder will be based
solely on an hourly rate derived by dividing the current appropriate
monthly rate by 176 hours. No payment will be made under any
circumstances for repair costs, freight and transportation charges, fuel,
lubricants, insurance, any other costs and expenses, or overhead and
profit. Payment for such equipment made idle by delays attributable to
the Government will be based on one-half the derived hourly rate under
this subsection.

(d) Materials. Inc orporated and unincorporated materials as permitted
under Section 9.1.

Page 95 of 121

Article 19 – CLAIMS & DISPUTE RESOLUTION
All claims or disputes arising out of this Agreement shall be governed by the terms of the
Standard Contract Provisions (for Architectural and Engineering S ervices and Construction
Contracts).

Frank Chiaramonte
Member
June 13, 2024
Page 103 of 121
Exhibit A
Program Requirements and Educational Specifications
[EXHIBIT WILL APPEAR ON THE FOLLOWING PAGE]
J.O. Wilson Elementary School
660 K St NE
Washington, DC 20002
Office of Innovation and Systems Improvement
Facility Planning and Design
Site-Specific Educational Specification
SY28-29 Projected Enrollment 535 School Type Elementary
Lunch Periods 3 Staff 60
Title One Yes
Count of TS 40
Building Capacity 523 Other Other Drop Down
Total SQFT 93,071 Other Other Drop Down
Academic Spaces
Space Description Qty Size Total
E-ACA-1a PK-3/PK-4/Kindergarten/1st Grade Classroom 12 1025 12,300
E-ACA-1b PK-3/PK-4/Kindergarten/1st Grade Classroom Storage 12 100 1,200
E-ACA-3 PK-3/PK-4/Kindergarten/1st Grade Restroom 12 80 960
E-ACA-5 Outdoor Storage - Early Childhood 1 0 0
E-ACA-6 Grades 2-5 Classroom 11 900 9,900
E-ACA-7 Specials Lab 1 1000 1,000
E-ACA-8 Discovery Commons Activity Area 1 2000 2,000
E-ACA-9 Resource / Small Group Room 8 360 2,880
E-ACA-10 Self-Contained Classroom Grades 3-5 1 900 900
E-ACA-10a Self-Contained Classroom PK-3/PK-4/Kindergarten/1st/2nd Grade 2 1025 2,050
E-ACA-10b Self-Contained Classroom PK-3/PK-4/Kindergarten/1st/2nd Grade Restroom 2 60 120
E-ACA-10c Self-Contained Classroom PK-3/PK-4/Kindergarten/1st/2nd Grade Storage 2 100 200
E-ACA-10d Self-Contained Classroom Grade 3-5 Storage 0 100 0
E-ACA-11 OT / PT 2 450 900
E-ACA-12 Speech / OT / PT Storage 2 150 300
E-ACA-13 Independent Area 1 75 75
E-ACA-14 Special Education Coordinator Office 1 150 150
E-ACA-15 Teacher Collaboration Room 3 300 900
E-ACA-16a Leveled reading storage room 1 300 300
E-ACA-16b Technology Storage 0 75 0
E-ACA-17 Outdoor Classroom 1 0 0
E-ACA-18 Garden 1 Garden Size Garden Size
E-ACA-19 Speech 1 150 150
E-ACA-20 Specials Office/Storage 1 250 250
E-ACA-21 Sensory Room 1 450 450
Sub-Total 36,985
Library Spaces
Space Description Qty Size Total
E-LIB-1 Reading/Learning/Circulation Room 1 2500 2,500
E-LIB-2 Makerspace 1 500 500
E-LIB-3 Small Group Room 2 150 300
E-LIB-4 Combined Office / Workroom 1 400 400
E-LIB-5 Conference Room 1 250 250
Sub-Total 3,950
Visual Arts
Space Description Qty Size Total
E-VA-1 Art Lab 2 1000 2,000
E-VA-2 Kiln Room 1 60 60
E-VA-3 Art Storage 2 150 300
Sub-Total 2,360
Performing Arts Spaces
Space Description Qty Size Total
E-PA-1 General Music Room 2 900 1,800
E-PA-2 General Music Storage 1 250 250
E-PA-3 Stage 1 700 700
Sub-Total 2,750
Physical Education Spaces
Space Description Qty Size Total
E-PE-1 Gymnasium 1 4200 4,200
E-PE-3 Office 1 225 225
E-PE-4 Gym Storage 1 400 400
E-PE-5 Chair Storage 1 175 175
E-PE-6 Bicycle Storage 1 250 250
E-PE-7 Outdoor P.E. Storage 1 0 0
E-PE-8 Playgrounds 2 0 0
Sub-Total 5,250
J.O. Wilson Elementary School
Page 1
J.O. Wilson Elementary School
660 K St NE
Washington, DC 20002
Office of Innovation and Systems Improvement
Facility Planning and Design
Site-Specific Educational Specification
Admin Spaces
Space Description Qty Size Total
E-AD-1 Entrance Lobby Gross Up Gross Up -
E-AD-2 Welcome Center 1 568 568
E-AD-3 Security Area 1 75 75
E-AD-4 Conference Room 1 200 200
E-AD-5 Principal's Office 1 200 200
E-AD-6 Administrative Office 3 150 450
E-AD-7 Administrative Workroom 1 400 400
E-AD-8 Records Room 1 150 150
E-AD-9 Parent Resource Center 1 200 200
E-AD-10 Counselor's Office 2 150 300
E-AD-11 Student Services 2 150 300
E-AD-12 Student Services Conference 1 200 200
E-AD-13 After School Program Office 1 300 300
E-AD-14 Staff Lounge 1 400 400
E-AD-15 Wellness / Lactation Room 1 200 200
E-AD-16 Restoration Room 1 150 150
Sub-Total 4,093
Health Services Spaces
Space Description Qty Size Total
E-HS-1 Waiting Area 1 150 150
E-HS-2 Treatment Area 1 150 150
E-HS-3 Cots 1 100 100
E-HS-4 Office 1 100 100
E-HS-5 Storage 1 25 25
E-HS-6 Toilet With Shower 1 80 80
Sub-Total 605
Student Dining Spaces
Space Description Qty Size Total
E-SD-1 Student Dining Area 1 2789 2,789
E-SD-4 Chair / Table Storage 1 225 225
E-SD-5 Kitchen / Food Preparation 1 650 650
E-SD-6 Serving Area 1 400 400
E-SD-7 Dry Food Storage 1 350 350
E-SD-8 Freezer / Cooler 1 250 250
E-SD-9 Ware Washing 1 200 200
E-SD-10 Cleaning Storage 1 60 60
E-SD-11 Food Service Office 1 150 150
E-SD-12 Toilet / Lockers 1 150 150
Sub-Total 5,224
Building Services
Space Description Qty Size Total
E-BS-1 Supply Storage 1 535 535
E-BS-2 Toilet/Shower/Locker Room 1 150 150
E-BS-3 Custodial Office 1 225 225
E-BS-4 Large Group Restrooms -
E-BS-5 Custodial Closet 10 25 250
E-BS-6 Electrical Closet -
E-BS-7 MDF room 1 200 200
E-BS-7a IDF room 3 minimum 100 300
E-BS-8 Corridors -
E-BS-9 Mechanical/Electrical Space/Decks -
E-BS-10 Custodial Equipment Storage 1 300 300
E-BS-11 Central Storage Area 1 535 535
E-BS-12 Receiving Area 1 150 150
E-BS-13 Staff Restroom Gross Up 65 -
E-BS-14 Family Restroom Gross Up 65 -
E-BS-15 Laundry Room 1 80 -
E-BS-17 Attic Stock Storage Room 1 250 250
E-BS-18 Building Manager Office 1 75 75
Sub-Total 2,970
Building Subtotal
Building Gross-up 45%
Building Total Sq. Ft.
Child Development Center
Space Description Qty Size Total
E-CDC-1 Infant Room 0 600 0
E-CDC-2 Toddler Room 0 600 0
E-CDC-3 Toddler Restroom 0 50 0
E-CDC-4 Food Prep / Workroom 0 300 0
E-CDC-5 Welcome Center 0 400 0
E-CDC-6 Director's Office 0 200 0
E-CDC-7 Laundry Room 0 80 0
Sub-Total 0
Included in Gross Up
Included in Gross Up
93,071
28,884
Included in Gross Up
64,187
Page 2
J.O. Wilson Elementary School
660 K St NE
Washington, DC 20002
Office of Innovation and Systems Improvement
Facility Planning and Design
Site-Specific Educational Specification
CDC Subtotal
CDC Gross-up
CDC Total Sq. Ft.
Building Total Sq. Ft
0
0
0
93,071
Page 3

1200 First Street, NE | Washington, DC 20002 | T 202.442.5885 | F 202.442.5026 | dcps.dc.gov

EDUCATIONAL SPECIFICATIONS
APPENDIX A
VERSION 2.0
September 2021

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 1 -

DCPS OWNER PROJECT REQUIREMENTS (OPR)
General Notes
All items included in this document are Basis of Design (BOD) only.
Substitutions or deviations will be considered on a case by case basis and should be communicated to
DCPS Facility Planning and Design for approval.
Additionally, deviations from the design specifications made by the contractor must be communicated
to DCPS Facility Planning and Design for approval.

Division 01 – GENERAL REQUIREMENTS
01 33 00 SUBMITTAL PROCEDURES
o DCPS shall review the following submittals on a case by case basis:
Door Hardware and Keying
Electronic Access Control
Intrusion Detection
HVAC Controls and Sequencing
Millwork
Plumbing Fixtures
Toilet Accessories
Room Signage
Exterior Signage
FF&E
Kitchen Equipment
DCPS shall work with the Design Team to determine comment periods and process for review.
DCPS’ review of submittals is for reference only, submittals to be confirmed by design team.
01 77 00 CLOSEOUT PROCEDURES
o Trainings
All trainings shall be professionally recorded.
DCPS to confirm additional trainings.
Refer to Division 01 79 00 of the DGS technical specification
o An itemized list of attic stock shall be provided to DCPS to review and approve.
01 81 19 INDOOR AIR QUALITY REQUIREMENTS
o Minimum of ten (10) indoor air quality monitoring sensors (BOD: Senseware IAQ) to be included
throughout building.
01 91 13 GENERAL COMMISSIONING REQUIREMENTS
o Commissioning agent requirements
The commissioning agent shall:
Be on the project team in schematic design and review all document milestones.

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 2 -

DCPS shall receive a copy of all reviews/reports.
Provide turnover of sample pre-functional and functional checklists during the
schematic design phase.
Provide a schedule for final commissioning.

Division 02 – EXISTING CONDITIONS
02 80 00 FACILITY REMEDIATION (ABATEMENT)
o DCPS/DGS require removal of all hazardous materials in lieu of encapsulation. The contractor
shall receive written approval from DCPS/DGS if a request is being made to encapsulate any
hazardous materials over removal.

Division 03 – CONCRETE
03 33 00 ARCHITECTURAL CONCRETE FINISH
o Contractor to specifically note allowance dedicated to ensuring floor flatness.
o Any polish concrete including in projects, DCPS would like to see a site with exact
o Contractor to ensure concrete slab is poured/prepared to receive polish concrete finish –
polished only, not stained and not sealed.
Division 04 – MASONRY
04 01 20 CLAY MASONRY RESTORATION AND CLEANING
o Written analysis of existing masonry condition for DCPS to review and determine scope for the
project.
04 20 00 UNIT MASONRY
o Provide minimum brick grade and durability (FBS and/or FBX), through-body, etc.

Division 05 – METALS
05 52 13 PIPE AND TUBE RAILINGS
o No horizontal guardrails at any location both exterior and interior. Vertical application only
unless written consent from DCPS.
o Stainless Steel or powder coated preferred at handrails and tops of guardrails.
o DCPS shall review all railing heights to determine if railings shall exceed code requirements.
o 48” to be B.O.D. for guardrail height, exceptions must be reviewed and approved by DCPS.
o Stair railings at Elementary Schools and Early Learning Centers to have intermediate child-height
handrail at 24”

Division 06 – WOOD, PLASTICS, AND COMPOSITES
NOT CURRENTLY USED

Division 07 – THERMAL AND MOISTURE PROTECTION
NOT CURRENTLY USED

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 3 -

Division 08 – OPENINGS
08 11 13 HOLLOW METAL DOORS AND FRAMES
o Standard: 16-gauge frames /18-gauge doors for all locations
o MDF / IDF closets and MEP areas
Gasketed frame and threshold
Preferred to be painted a neutral color and blend in with surrounding corridor
o Double doors in corridors
No center posts
Doors should swing against a wall to allow for magnetic hold opens
Hold open extensions not preferred
08 14 16 FLUSH WOOD DOORS
o Solid core wood doors shall be provided at all interior academic and administration spaces.
o Provide full-lite doors where vision glass is required. Exceptions must be approved by DCPS.
08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
o Exterior
Special-Lite Door – FRP/Aluminum Hybrid Doors (SL)
Special-Lite Door – Aluminum Hybrid Doors (SL)
o No glass lites at storage rooms or toilet rooms
08 71 00 FINISH HARDWARE
o Lock hardware to be powered by ACS contractor
o Mortise locks or exit devices on exterior doors
All hardwired into the access control system
Include continuous hinges typical
o Mortise locks at classroom doors. Cylindrical locks or exit devices on remaining interior doors.
o Shelter in place / lock down: See Section: 28 10 00 ACCESS CONTROL
o Perimeter doors must be hardwired for access control, interior doors can be wireless
If cylinders are provided they must be Schlage Primus large format interchangeable.
However, cylinders are not required if the lockset comes equipped with
electronic access control
Limit the amount of exterior doors with locks. Drive should specify “night latch”
functionality on doors that require exterior access in the case of access control
system failure or on doors that do not warranty access control where keys are
provided. The drive should be for “controlled and audited access” which means
card readers instead of keys.
Electronic access control is the required method of securing the doors. DCPS is willing to
consider exceptions on a case-by-case basis.
If electronic access control is provided, then the hardware must allow for first card
swipe to unlock the door for the duration of the school day and a second card swipe to
reverse the function.
o All other locations
Allegion
Schlage - NDE and/or LE Series
Von Duprin – Motorized Latch Retraction Only
Hager

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 4 -

Motorized Retraction Only
ASSA ABLOY
8200 (mortise) and/or 10 Line (cylindrical)
Sargent – Motorized Latch Retraction Only
ADA operators
o ADA operators and card readers are to be wall-mounted only. No pedestals.
o All Gender Restroom and Wellness/Lactation Room - Schlage ND40S cylindrical lock with Schlage
B571 occupancy indicator.
o Keying Requirements and Control Systems
One fully populated key box with two copies of all keys and corresponding door
schedule
All door hardware shall be keyed to the DCPS Schlage FSIC standard
o Door Stops
CRL Satin Chrome Floor Mounted Heavy-Duty Door Stop with Hook and Holder
08 80 00 GLAZING
o School Guard Glass SG4 (or approved equal) to be at all glazing accessible from the outside (First
Floor exterior, window wells, etc.). The “First Floor” is any floor plane that is directly off the
exterior. SG4 may be provided at different floor elevations when site elevations are not level
throughout.
o Laminated Glass:
To occur at areas up to 18" AFF designated by code and openings adjacent to double
height spaces. DCPS prefers laminated glass at any pane directly adjacent to an exterior
door (for example if you had an exterior door going out to an accessible roof terrace).
Lamination shall occur on side 3 of the glass
o Tempered Glass:
DCPS requires that tempered glass to be provided throughout the school. This is a
safety concern especially at the Middle and High School levels. DCPS is willing to review
specific areas in question should the design team wish to propose areas with non-
tempered glass.
o Sidelights should be provided at all general instructional classroom entrances, self-contained
classrooms, science classrooms, tech labs, art lab, etc.
o Frosted film over windows as needed.
BOD - Decorative Window Film: Llumar NRM PS2
o Operable windows at all classroom and instructional spaces at a minimum, throughout building
preferred. Provide limiters to allow for 4” openings.

Division 09 – FINISHES
See Appendix B – Finish Guidelines

Division 10 – SPECIALTIES
10 11 00 VISUAL DISPLAY UNITS
o Bottom of all boards shall align with Interactive White Board Heights noted below.
o Coordinate height of tack board/tack strips with corridor wainscot.
10 11 73 INTERACTIVE WHITE BOARDS
o SMART Board 6000s Series in all instructional spaces (review latest DCPS IT Purchasing Guide)

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 5 -

o Mounting Heights for Interactive Electronic? Device / Magnetic Marker Boards / Tack boards
(bottom of boards to align):
PreK thru 1st Grade – B.O. Board 28” AFF
2nd – 5th Grades – B.O. Board 30” AFF
Middle School / High School – B.O. Board 32” AFF
10 14 14 EXTERIOR SIGNAGE
o Provide Outdoor Rules signage at entries – review locations with DCPS
o
o See DCPS signage manual for information on monument signs
10 14 23 PANEL SIGNAGE
o All interior building signage shall include raised Room Number only. No other raised or
permanent letter shall be included except for those noted below.
Building service rooms such as Electrical, Mechanical, Data, Storage, etc. can include the
room name.
o Inserts shall be provided for room name and a minimum of one (1) for teacher/staff name.

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 6 -

o Provide "All Gender Signage" as included below

10 21 13 TOILET COMPARTMENTS
o High Density Polyethylene (HDPE) bathroom partitions only
10 21 23 CUBICLE CURTAINS AND TRACK
o Ensure coordination with light fixtures. Also confirm that track and curtain are included in the
base scope, not FFE.
10 26 00 WALL AND DOOR PROTECTION
o Wall protection is required in all corridors with no exceptions. Refer to Appendix B for height
and material information.
o Kick-plates on all single user restrooms
o Kick-plates on high-occupied spaces. Review with DCPS Facilities for any exceptions.
10 28 00 TOILET, SHOWER AND CUSTODIAL ACCESSORIES
o Provide soap dispenser and paper towel dispenser at every sink, except as noted below and in
Ed Spec. Coordinate with millwork for functionality and use.
o Soap Dispenser
Shall be bulk foam soap dispenser. Do not provide a dispenser that requires foam
packets. Reservoir to be removeable for easy cleaning.
Please review all dispenser locations with DCPS and ensure that there is enough
clearance to use and replace soap.
Avoid stainless steel interior and finishes.

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 7 -

BOD: Impact ClearVu Bulk Foam Soap Dispenser. Alternate options must be approved by
DCPS.
o Toilet Paper Dispenser
Must accommodate a 9” bulk roll (double preferred)
BOD: Bobrick B-2892
o Paper Towel Dispensers (Located in ECE on-suite restrooms and all classroom sinks)
All Dispensers shall be an 8” roll
Please review all dispenser locations with DCPS and ensure that there is enough
clearance to use and replace paper towel rolls.
BOD: Kimberly Clark H-1131SM
o Hand Dryers (Located in all restrooms except ECE noted above)
BOD: Dyson Airblade V
o Sanitary/Tampon Dispenser
Dispensers to be token-operated and adhere to B23-887, “Expanding Student Access to
Period Products Act of 2020.”
Dispensers to be provided in all multi-user restrooms and student accessed single-user
restrooms in MS and HS.
Provide dispensers in one multi-user restroom and one student access single-user
restroom in ES.
BOD: Bobrick B-3706T (recessed/semi-recessed required in modernizations)
BOD: Bobrick B-2706T (surface mounted acceptable in retrofit applications)
o Mirror
All mirrors to be tempered.
o Changing Table
BOD: Horizontal Stainless Steel Recess Mounted KB110-SSRE
10 44 13 FIRE PROTECTION CABINETS
o All fire extinguisher cabinets (and defibrillators if provided) shall be fully recessed where
possible.
DCPS will accept semi-recessed where there are 3-5/8” stud walls
o DCPS/DGS would like to ensure that fire extinguishers are provided in all modernizations even
when a full sprinkler system is included. Besides providing in code required locations, fire
extinguishers shall be provided in all major corridors on each floor.
10 51 00 LOCKERS
o Corridor Lockers (student use)
Provide integral combination lock.
BOD: #1630 Master Lock
Double-tier preferred.
BOD: Guardian Standard 2 Tier

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 8 -

o Student Locker Rooms
Provide integral combination lock
BOD: Invincible II Locker
o Staff Locker
o Provide integral combination lock, with the exception of bike commuting spaces
(unassigned lockers)
BOD: (see corridor lockers above)

Division 11 – EQUIPMENT
11 24 23 FALL PROTECTION EQUIPMENT
o Provide at all low-slope roof.
11 40 00 FOODSERVICE EQUIPMENT
o See Appendix C – Food & Nutrition Services for more information
11 70 00 EDUCATIONAL EQUIPMENT (KILN)
o Kiln – Skutt – 1227-3 (standard) B.O.D.

Division 12 – FURNISHINGS
12 24 13 ROLLER WINDOW SHADES
o Required at all exterior windows. No window shades shall be provided on interior glass outside
of those required by DOH.
o Provide motorized shade at windows above one-story high.
o Provide room darkening shadecloth (black-out shades) in locations with a stage and rooms with
projectors (this could be the cafeteria, gymnasium or auditorium depending on the design). See
Ed Spec for further guidance. Review with DCPS.
12 36 61 SOLID SURFACING COUNTERTOPS
o At all countertops that include a sink, provide solid surface countertop. P-lam countertops are
acceptable when sinks are not included, but preference is still for solid surface.
Provide a full height tile backsplash at countertops with sinks.
At areas without a sink, a P-lam or solid surface 4” minimum backsplash is acceptable.
o Window sills shall be solid surface only, no laminate.
12 48 13 ENTRANCE FLOOR MATS AND FRAMES
o See “Appendix B Finish Guidelines - General Notes” for more details on entrance floor mats.
12 93 00 SITE FURNISHINGS
o Provide exterior trash and recycle receptacle
B.O.D. for trash receptacle – DuMor, Inc (474-32VS-BT) – Color: Black
B.O.D. for recycle receptacle – DuMor, Inc (437-32SH) – Color: Coordinate with School
colors
o Locations for trash and recycle receptacle
Provide at all major site amenity areas
No trash compactors for individual trash cans

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 9 -

Division 13 – SPECIAL CONSTRUCTION
NOT CURRENTLY USED

Division 14 – CONVEYING EQUIPMENT
14 21 00 ELECTRIC TRACTION ELEVATORS
o Open to maintenance by non-installing manufacturer
o Provide card reader at each floor in lieu of inside the elevator for access control
14 42 00 WHEELCHAIR LIFTS
o Chair lifts should be avoided as best as possible. DCPS will provide written approval for chair lifts
as needed.

Division 21 – FIRE SUPPRESSION
NOT CURRENTLY USED

Division 22 – PLUMBING
22 05 53 IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT
o Isolation valves shall be visibly located within the room.
22 14 26.13 ROOF DRAINS
o Preference for overflow drains is in-wall scuppers.
22 34 00 FUEL-FIRED, DOMESTIC-WATER HEATERS
o Outlet temperatures on the domestic-water heaters shall be monitored through the BAS
system.
22 40 00 PLUMBING FIXTURES
o Toilet Seat Heights and Type:
PreK3-PreK4 (on-suite toilets) – floor mounted – 12" AFF
K-1st (on-suite toilets) – wall hung – 15” AFF
All other locations – wall hung – 18” AFF
o Multi-User restrooms – Multi-station Lavatory Unit preferred over single wall hung units
BOD – Bradley Corporation, ELX Series
o Faucets
Multi-User Restrooms
Chicago Faucets– Metering Faucets – Single Hole Mounting
Provide manual, not automatic
Single-User Restrooms
American Standard – Monterrey – Two-Handle Centerset Lav Faucet
Provide manual, not automatic
Mop Sink Faucet – T&S Brass and Bronze Works – Service Sink Faucet, 4” Wrist Action
o Toilets
PreK3-PreK4 (on-suite toilets) – American Standard – Baby Devoro FloWise/Round Front
Flushometer Toilet

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 10 -

Typical Toilet – American Standard – Elongated Wall Hung Closet Fixture
Provide manual flush, not automatic
o Flush Valve
PreK3-PreK4 (on-suite toilets) – Sloan Flushometer – 111-1.28
Toilets – Sloan – Manual Exposed Flushometer
Urinals – Sloan – Manual Exposed Flushometer
o Urinals
American Standard – Washbrook Urinal
22 42 23 COMMERCIAL SHOWERS, RECEPTORS, AND BASINS
o Preference for non-prefab shower units and basins.
o Coordinate drawings to ensure ADA clearances are met.
o Shower mixing valves shall be fully accessible from inside the shower stall.
o Provide smaller tile size in shower areas.
22 47 13 DRINKING FOUNTAINS
o All drinking fountains shall include a bottle filler. Review locations with DCPS
Interior BOD: Elkay Enhanced EZH20 Bottle Filling Station & Versatile Bi-Level ADA
Cooler
Exterior BOD: 10145 Front Approach preferred, 10485WM if wall mounted. Fountains to
include filtration and freeze-resistance.
o Provide drinking fountain at all major corridors.
o Provide exterior drinking fountains at playgrounds and in proximity to outdoor program.
o Provide bubblers in classrooms and “student-centered” support spaces (resource rooms,
makerspace, etc.) per Ed Spec
BOD: Elkay Flexi-Guard Classroom Bubbler
Division 23 – HEATING VENTILATING AND AIR CONDITIONING
Provide the following drawings in the DGS Office
Laminated 8.5" x 11" MEP equipment schedules with makes and models
Laminated 24" x 36" MEP floorplans
Laminated 8.5" x 11" valve schedules with corresponding valve locations
Laminated 24” x 36” HVAC sequence of operations
LG models are not approved
23 05 53 IDENTIFICATION FOR HVAC PIPING, DUCTWORK AND EQUIPMENT
o Equipment labels and tags shall be visibly located within the room.
23 09 33 ELECTRIC AND ELECTRONIC CONTROL SYSTEM FOR HVAC
o Anticipated Occupancy Schedules
School Schedule – 8:30 AM to 3:30 PM
Admin Areas/Library/Gym/Cafeteria
Optimal Start 2 hours before normal start
Normal Start 8:00 AM
Optimal Stop 30 minutes before normal stop

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 11 -

Normal Stop 5:00 PM
Kitchen
Optimal Start 4:30 AM
Normal Start 6:30 AM
Normal Stop 1:30 PM
All Other Areas
Optimal Start 2 hours before normal start
Normal Start 30 minutes before first class
Optimal Stop 30 minutes before normal stop
Normal Stop 0 minutes after final class
o Thermal Comfort Requirements
Air Conditioning
Occupied – 73
Unoccupied – 80
Heating
Occupied – 69
Unoccupied – 60
Humidity Range
30% to 60% RH
o HVAC System Controls
Controlled centrally from networked BMS work station
23 31 13 METAL DUCTS
o Limit the amount of exposed duct work on the roof. Preferably no duct work exposed on the
roof.
23 36 00 AIR TERMINAL UNITS
o Preference is to avoid ceiling cassettes.
23 82 39 WALL AND CEILING UNIT HEATERS
o Due to vandalism and maintenance, wall unit heaters should be avoided in stairwells. If needed
in stairwells preference is for either in the ceiling or recessed in the wall

Division 25 – INTEGRATED AUTOMATION
25 40 02 BUILDING AUTOMATION SYSTEM (BAS)
o Electrical, water and gas meters/services shall allow for remote monitoring

Division 26 – ELECTRICAL
26 05 33 RACEWAYS
o In areas with no ceilings (exposed structure), all wire management shall be controlled through
proper raceway trays.
26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS
o Electrical and Network Labeling

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 12 -

All electrical outlets, including those in systems furniture, shall be labeled with
corresponding electrical panel and breaker numbers
All network outlets, including those in systems furniture, shall be labeled with the
corresponding closet, patch panel and termination location
HVAC controls cabling shall be yellow
Network cabling shall be blue
Wireless access point cabling shall be orange
26 05 73 ELECTRICAL DISTRIBUTION SYSTEM STUDIES
26 09 23 LIGHTING CONTROL DEVICES
o Occupant Lighting Control
Controllability by occupants (or lack thereof) to be driven by NZEB, LEED and WELL
considerations.
Dimming capabilities in meeting spaces, presentation spaces, multipurpose rooms and
classrooms
26 27 26 WIRING DEVICES
o Exterior outlets
Provide exterior outlets at primary and secondary entrances, playgrounds, programmed
spaces (gardens, outdoor classrooms, etc.) at a minimum. No pedestals.
Outlet covers are not to be lockable. Outlet covers typically provided break easily,
design team to provide outlet cover options.
26 32 13 ENGINE GENERATORS
o Generator required on all DCPS modernizations. At a minimum the generator should account
for the following items. Exception to the below list shall be reviewed and approved by DCPS
Facilities:
All emergency lighting
Electrical Lockdown
Security Desk Area
Security panel
Access panel
All receptacles within IT rooms
Split system within all IT rooms
IT Closets (MDF is priority, secondary IDF)
Elevator shaft lighting and receptacles
Elevator car lighting & HVAC
Sump Pumps
Kitchen Freezer (Lighting, heater, alarm, Blower coil, Compressor Rack)
Kitchen Cooler (Lighting, heater, alarm, Blower coil, Compressor Rack)
Health Suite Refrigerator
BMS Workstation
Fire Pump (if needed)
Main Fire Alarm control panel
Generator components (battery heater, service receptacles/lighting, etc.)

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 13 -

26 51 00 INTERIOR LIGHTING
o All fixtures shall be LED unless otherwise approved.
o Light Fixtures: Any proposed location identified lower than noted below shall be reviewed and
approved by DCPS Facilities:
For Pendants @ Elementary School - B.O. fixture no lower than 8'-6".
For Pendants @ Middle/High School - B.O. fixture no lower than 9'-0"
o Provide light fixture protection in gymnasiums and multi-purpose spaces.
o Direct-indirect ceiling pendants are preferred in instructional spaces.
o Provide lighting in bathroom and stairs to enable visibility independent of motion-detection.
25 56 00 EXTERIOR LIGHTING
o Design team to provide adequate exterior lighting to illuminate common path of travel to and
from buildings.

Division 27 – COMMUNICATIONS
27 51 16 PUBLIC ADDRESS SYSTEMS
o PA (Public Address School, Public Address Emergency, Public Address Intruder)
Bogen Quantum Hybrid
Head end wall mount is preferred over rack mount
Appropriately sized Quantum pre-built system shall be provided
o QSW24/QSW48/QSW72 etc.
o Include MCTCA Telephone Interface Card
Speakers
Preference is to have no wall mounted speakers
Drop ceilings
o Shall be drop in Bogen CSD2X2VRU speakers or equivalent
General Design Guidance
o Distance between speakers in hallways shall be 3x the height of ceilings
o In stair shafts include one speaker at the topmost elevation
o At each stairway exit, one speaker shall be located within one ceilings
height of the stairway exit door
Call Switch
Bogen CA15C
Include sufficient design and programming time to coordinate all calls with the school’s
occupancy requirements and exclusions for quiet spaces
27 53 13 CLOCK SYSTEMS
o Clocks
Sapling Talk Back Wireless
Master clock shall be networked for synchronization
Clocks should be located in a consistent location in classroom spaces.

27 53 19 DISTRIBUTED ANTENNA SYSTEM (DAS)
o See link below to the code which addresses the Emergency Responder Radio Coverage since
2015:

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 14 -

http://dcregs.dc.gov/Gateway/RuleHome.aspx?RuleNumber=12-H510
o See link below for requirements of the Public Safety DAS:
https://ouc.dc.gov/page/oucs-public-safety-building-radio-systems-requirements

Division 28 – ELECTRONIC SAFETY AND SECURITY
Life Safety Systems Installer's Certifications
Electronic Security Association (ESA) National Training School (NTS) is being used as a benchmark,
other certifications/trainings can be submitted to DCPS for approval
CCTV Installers
CAT1 + Life Safety Code + Video Systems Technologies
Intrusion Detection Installers
CAT1 + Life Safety Code + Advanced Intrusion Systems
Access Control Installers
CAT1 + Life Safety Code + Electronic Access Control
Fire Alarm Installers
CAT1 + Life Safety Code + Fire Alarm Installation Methods
28 05 00 VIDEO SURVEILLANCE SYSTEM
o Axis Network Cameras and Panasonic MonitorCast 4 viewing platform
o Network Camera Models
M3105-LV for IDF and MDF
M3045-V: Indoor nearfield options, e.g. stairwells: M3045-V
M3046-V: Indoor wider-angle options, e.g. small rooms and double stairwells: M3046-V
P3225-V: Hallways and larger spaces: P3225-V
P3225-VE: Exterior doors and near to medium area coverage: P3225-VE
P3225-LVE: Exterior doors and near to medium area coverage with IR: P3225-LVE
P3227-VE / LVE: Larger exterior areas such as playgrounds.: P3227-VE / P3227-LVE
Q3517-VE 9mm / 2mm: Exterior greater area coverage (Depending on coverage
demand)
Q6115-E / Q6115-E: Exterior PTZ (Depending on coverage requirement). PTZ cameras
kept to a minimum.
Q6155-E with Q6000-E: 360-degree Exterior larger space, advanced auto-tracking and
guard-tour for parking spaces
P3708-PVE for 180-degree views were required
Some other camera options will be used in special circumstances such as the P3707-PE,
Q1765-LE, and thermal cameras (Q1941-E, Q1942-E and Q2901-E). These additional
models will be used by guidance of the Gold level partner to accommodate specific
needs at a location.
28 10 00 ACCESS CONTROL
o Also see section: 08 71 00 FINISH HARDWARE
o Keying requirement: One Key Tracer 3U 8 Key Panel with prox reader and keypad, power and
network required.

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 15 -

o Shelter in place / lock down: located on all interior doors that are student occupied spaces (i.e.:
Classrooms, Small Groups, Music, etc.). DCPS to review locations with design team for
confirmation.
BOD: Schlage AD300/AD400
Alternative: Allegion LE/NDE
Alternative: Hager HS4
Requirements:
Instructional spaces shall be able to lock from the inside without opening the
door and entering the corridor
If an unauthorized person locks a door from the inside there must be a means of
opening the door from the corridor
BOD shall be a wired system, DCPS requires sign-off if a battery operation
system is proposed
This can be done via multiple methods (key or card) but the preferred is card
A lockdown of doors or select doors must be possible from a remote location
within the school. This can be done via a push button, glass break, software on a
computer or a specially designated card/card reader.
28 16 00 ACCESS CONTROL AND INSTRUSION DETECTION
o Exterior Axis C3003-E Speakers
o Door Intercoms (main entrance)
Axis A8004-VE (vandal resistance) or Axis I8016-LVE
Grandstream GXV3275
o Kitchen loading
AiPhone JK Series with 3.5" screen and Axis door station. For remote communication
only, remote unlocking functions removed.
o Electronic Access Control
Mercury based systems only
Acceptable panels are: EP1501, EP1502, MR50, MR52, MR51e, 16In, 16Out
Altronix EFLOW 6NB power supply charger
Altronix LINQ 8PD power distribution module
Altronix Trove2 enclosures with TM2 Mercury backplanes
RS2 Enterprise access control platform only
Panels can be wired using Ethernet or 485 topology
Contractor shall provide no less than 125 programmed credentials via DCPS Custom
credential CardTrax pool.
o Intrusion Detection
DMP (Digital Monitoring Products) XR-550DNL-G
PIR Dual Tech Bosch or Honeywell
Graphic Touchscreen Keypad 7800 Series
o Located at school's main entrance and custodian's main point of egress
Interior 335 Sirens
Exterior sirens with strobes

DCPS OWNER PROJECT REQUIREMENTS (OPR) - 16 -

Programming
Security contractor shall program security system with general contractor code
for configuration and testing purposes before turning over the system to DCPS
28 18 11 SECURITY ACCESS METAL DETECTORS
o Metal Detectors
The point of contact is Mr. Rich Brown who is the representative for Garrett Metal
Detectors. The model for the metal detector is the 6500i. Rich can be reached on 757-
288-6604; email: pmiusa@cox.net.
28 18 13 SECURITY ACCESS X-RAY EQUIPMENT
o VOTI x-ray machine
XR3D-50s / the POC for VOTI is Mr. Jacob Greenbaum. He can be reached via email at
Jacob.greenbaum@votidetection.com or by cell phone at 1-514-816-4546.
28 31 11 FIRE ALARM
o Honeywell / Fire-Lite MS addressable control panel
o 2 telephone lines per panel for communication
o All fire alarm wiring shall be run in red conduit, no exceptions

Division 31 – EARTHWORK
NOT CURRENTLY USED

Division 32 – EXTERIOR IMPROVEMENTS
32 14 13 PERMEABLE PAVEMENT
o Not preferred due to maintenance difficulties. If needed to meet LEED or DOEE requirements,
locations and types should be reviewed with DCPS.
32 14 43 PERVIOUS CONCRETE PAVEMENT
o Not preferred due to maintenance difficulties. If needed to meet LEED or DOEE requirements,
locations and types should be reviewed with DCPS.
32 31 13 CHAIN LINK FENCES
o All fencing shall be coated.
o Chain link fencing is not the preferred fencing type. If proposed, chain link fencing must be
reviewed by DCPS.
32 31 19 DECORATIVE METAL FENCES AND GATES
o Two (2’) feet solid panel required at all egress gates centered on panic hardware. Additionally,
welded wire mesh should be added to gate to prevent unwanted exterior access.
32 52 00 SYNTHETIC TURF
o DCPS approved turfs include:
Eco Grind (sand + shoegrid)
Hocky Multi (sand only)
Pure Select 2”

Division 33 – UTILITIES
NOT CURRENTLY USED

1200 First Street, NE | Washington, DC 20002 | T 202.442.5885 | F 202.442.5026 | dcps.dc.gov

EDUCATIONAL SPECIFICATIONS
APPENDIX B
VERSION 2.0
September 2021

DCPS FINISH GUIDELINES - 1 -

DCPS FINISH GUIDELINES

General Notes:
The goal of "APPENDIX B - FINISH GUIDELINES" is to provide design teams with DCPS' design priorities and
requirements. Each school should be designed with high design standards in mind which include cleanliness,
durability, longevity, maintenance, and school uniqueness in mind.
A. FLOORING
A.1 The following are not approved floor materials and shall not be installed within DCPS facilities:
Carpet, Terrazzo Tile, Fritz Tile, Linoleum, VCT, Sheet Vinyl, BBT, MCT.
A.2 Area rugs are acceptable in classrooms and library spaces and are included in the FFE package.
A.3 Wood flooring is acceptable, beyond where indicated in specific areas, in restoration cases as
well. For instance, existing wood floors in multi-purpose rooms or classrooms can be refinished
if salvageable.
A.4 All grout color shall be in the medium-to-dark range and approved by DCPS. No white / off-
white / cream color shall be used. Use epoxy grout vs. sanded.
A.5 Recessed Walk-off Mats: preference is a combination of carpet and aluminum rails. Avoid all
carpet and all aluminum option.
A.6 All terrazzo flooring shall be poured-in-place with integral base.
A.7 Flooring listed in order of DCPS preference starting with BOD (Basis of Design). APP ALT
(Approved Alternates) also listed in order of preference and will be considered on a project by
project basis.

B. WALLS
B.1 Paint selection: semi-gloss preferred, needs clarification and input .
B.2 Consider CMU in select locations per breakdown for area/room.
B.3 All Music Rooms need to meet all current code and LEED NRC standards.

C. CEILINGS
C.1 Where pocket condition at windows is required, maintain a minimum 1'-0" set-back from
window for clearance. Maximizing pocket width is preferred for increased daylight. Options
include sloped ceiling, continuous bulkhead, or cloud/floating ceiling.
C.2 Approved standard ceiling types: 2x2 ACT, 2x4 ACT, 2x6 ACT, Gypsum Board.
C.3 The following ceiling types will be reviewed and approved per specific project: wood ceilings,
floating clouds, ACT sizes different from listed in #2, baffles, etc.
C.4 NRC rating is most important, however, aesthetically less texture is preferred.
C.5 Not approved: 4x4 ACT, 2x8 ACT, conceal grid system.
C.6 MDF/IDF/Utility Rooms: No ceilings

DCPS FINISH GUIDELINES - 2 -

C.7 Consider location and quantity of access panels. Where access panels are required, consider
ACT in lieu of GWB. Limit the number of different access panels if possible to three per building.
C.8 All Music Rooms need to meet all current code and LEED NRC standards.

D. LIGHTING
D.1 Avoid low-cost plastic lenses.
D.2 All LED lighting.
D.3 Occupancy sensors required in core academic spaces and offices.
D.4 No fixtures shall be lower than 8'-6" AFF at Elementary Schools and 9'-0" at Middle/High School
D.5 Preference is for pendants in main academic areas where ceiling heights allow.
D.6 Specialized Instruction spaces - adjustable sensory lighting shall be included.

E. BUILT-INS
E.1 No white laminate. Consider long-term durability and cleanability and aesthetics
E.2 All cabinets should be lockable.
E.3 Auditorium seating shall be wood chairs, no upholstery.
E.4 Provide solid surface (or approved equal) countertops at all wet areas as a minimum.

Abbreviations
ACT Acoustical Ceiling Tile
AFF Above Finish Floor
BOD Basis of Design
CMU Concrete Masonry Unit
ES Elementary School
GWB Gypsum Wall Board
HS High School
LVT Luxury Vinyl Tile
MS Middle School
PE Physical Education
RCP Reflected Ceiling Plan

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1200 Fi rs t Street, NE | W ash i ngton, DC 20002 | T 202.442.5885 | F 202.442.5026 | d cp s .dc.gov

EDUCATIONAL SPECIFICATIONS
APPENDIX C
VERSION 3.0
October 6, 2021

DCPS DEPARTMENT ONE-PAGERS

-1-

DCPS DEPARTMENT ONE-PAGERS

TABLE OF CONTENTS

A - DATA / IT
B - EARLY CHILDHOOD EDUCATION
C - FOOD AND NUTRITION SERVICES
D - HEALTH AND PHYSICAL EDUCATION
E - LIBRARY PROGRAMS
F - OPERATIONS
G - SECURITY
H - SITE AND PLANTING DESIGN
I - VISUAL AND PERFORMING ARTS
J - TRAFFIC GARDENS
K- CUSTODIAL EQUIPMENT
L - TEACHING KITCHEN

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
A. DATA/IT

DCPS DATA / IT

A-1

A: DATA / IT

General Notes
For specific model numbers for interactive boards, panels, copiers, and other equipment, please refer to
Appendix A Owner Project Requirements. Refer to Educational Specifications for additional information on
locations and quantities. Specific device count will be verified and confirmed for each school by DCPS based on
the table below.
1. Copier Locations
1A. Locations and type of copier should be confirmed with each school as they require specific
outlet configuration and school input.

2. OCTO-DC Net Standards
2A. Reference - https://dcnet.dc.gov/publication/dc-net-structured-cabling-standards

3. DCPS IT Guidelines/Count by Room
Room Type Technology Quantity Notes
Admin Suite/Welcome Center Desk Phone 3 3 phones
Admin Suite/Welcome Center Desktop - Admin 2 2 desktops
Admin Suite/Welcome Center Network Drops 7 7 drops
Cafeteria Network Drops 10 POS, Clock, AP for Wifi
Classroom K-12 Desk Phone 1
Classroom K-12 Desktop - Student 3
Classroom K-12 Network Drops 5
PA system, projection system, teacher
workstation, 2 for wireless access points,
1 for student machines
Classroom Pre-K Desk Phone 1
Classroom Pre-K Network Drops 5
Computer Lab Desk Phone 1
Computer Lab Desktop - Student 30
Computer Lab Network Drops 34
At least one peripheral computer lab with
drops for 30 machines; more for larger
schools to accommodate hardwired
online testing rotations
Conference Room Conference Phone 1
Health Suite Desk Phone 1
Health Suite Desktop - Admin 1

DCPS DATA / IT

A-2
Health Suite Fax Machine 1
Health Suite Network Drops 2
Janitorial Suite Desk Phone 1
Janitorial Suite Desktop - Admin 2
Janitorial Suite Network Drops 4
Kitchen Desk Phone 1
Kitchen Desktop - Admin 3 For database computer
Kitchen Network Drops 4 database computer, Point of Sale (POS),
kiosk
Large Staff Office (2 Phones) Desk Phone 2
Library Media Center Desktop - Admin 1 All-In-One model
Library Media Center Desktop - Student 2 All-In-One model
Library Media Center Laptop - Student 30 In addition to laptops for enrollment
Library Media Center Network Drops 8
Library Media Center/Maker Space Mobile Carts 1 In addition to carts for 3:1 enrollment
Multi-Purpose Room Network Drops 8
Office Desk Phone 1
Parent Resource Center Desktop - Student 3
Resource /SpEd/Intervention (1/2
Classroom) Desk Phone 1
Resource /SpEd/Intervention (1/2
Classroom) Desktop - Student 1
School Laptop - Teacher
1:1 on
Count DC
Staff
Windows-based; not custodians,
welcome center admin, kitchen, health
Security Room Desk Phone 1
Security Room Desktop - Admin 1 All-In-One model
Security Room Network Drops 1
Teacher Workroom Fax Machine 1
Teacher Workroom Network Drops 4

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
B. EARLY CHILDHOOD EDUCATION

DCPS EARLY CHILDHOOD EDUCATION

B-1

B: Early Childhood Education (ECE) Infant and Toddler (0-3)

General Notes
The guidelines below are related to Environmental Health & Safety and Health & Outdoor Learning in
Infant/Toddler/Preschool learning spaces.

1. Classroom/Instructional Space Requirements Infant/Toddler only
1A. Nap Space (Infant and Toddler only)
Nap space can be located within the infant and toddler room. Utilizing the nap room space
required (225 ft2), the required ratios, and 45 ft2 per child, an infant room must have a
minimum of 585 ft2. A young toddler room does not require the nap room so must have a
minimum of 360 ft2. An older toddler room can have up to 12 children so requires a
minimum of 540 ft2.
o DCMR Title 5-A, Chapter 1, 126.14: A licenses shall provide each enrolled child in
a full-day program with an individual crib or cot and ensure that crib areas are
sufficiently separate from play space to prevent access to sleeping areas by
children at play.
o DCMR Title 5-A, Chapter 1, 126.15: A licensee shall ensure that each crib is
placed at least two (2) feet apart from any other crib, at least two (2) feet from
any windows, and two (2) feet from any radiators. The two (2) feet of separation
required by this provision shall be measured on all sides of each crib.
o NAEYC 9.A.05.a: The indoor environment is designed so staff can supervise
children by sign and sound at all times without relying on artificial monitoring
devices.
o NAEYC 9.A.14.a: Adults have a comfortable place to sit, hold, and feed infants.
o NAEYC 9.A.14.b: Staff place rocking chairs and glider chairs in locations that will
avoid injury to children who may be on the floor.
DAP Guidance: Ideally, nap spaces should be separated by a half wall so as to
safest way possible. That nap space should provide adequate space for 8 cribs with
floor space for a teacher to maneuver between cribs and a glider (rocking chair) for
soothing infants to sleep. That translates to approximately 225 ft2 for the nap room.

NAP ROOM

DCPS EARLY CHILDHOOD EDUCATION

B-2

1B. Diapering, Toileting Areas, and Hand Sinks (Infant and Toddler only)
Provide at least one (1) changing table for every ten (10) children that are not independently
using toilet facilities, based on the license capacity of the facility (OSSE requirements for any
additional information). Changing tables should be built in.
o DCMR Title 5-A, Chapter 1, 123.7: A licensee shall ensure that changing tables have
impervious, nonabsorbent, smooth surfaces that do not trap soil and are easily
disinfected, are sturdy and stable to prevent tipping over, are at a convenient height for
use by facility staff, and are equipped with railings or barriers.
o NAEYC 9.A.01.a: Equipment and furnishings for diaper changing and changing soiled
underwear or other clothing are located away from food preparation areas.
o NAEYC 9.A.01.b: Hand-washing sinks

(Toddler only) Provide at least one (1) flush toilet and one (1) sink for every ten (10) children
(OSSE requirements for any additional information)
There must be two hand-washing sinks for adults which are separate from one another one
for toileting, diapering, and first aid hand washing and one for food prep and all other hand
washing
Provide waste receptacles that have a hands-free opening mechanism
Install finger-pinch protection devices on doors, cupboards, cabinets, and gates that are
accessible to children (except on doors, cupboards, cabinets, and gates that are fully closed and
locked)

1C. Casework/Built-in Shelving (Infant and Toddler only)
Built-ins are ideal for spaces with very young children as it lessens the pieces of furniture in the
space that need bolting and, in most cases, better utilizes wall space
Provide a minimum of two tack boards with wooden borders in each classroom-as well as
several in the hallways or entry areas

Ensure there is a lockable closet to secure toys and materials not currently in use and staff
belongings (NAEYC 9.C.02.c: The work environment includes a secure place for staff to store
their personal belongings.)

2. Interior Space Needs (Health and Outdoor Space)
2A. Adult staff spaces
DCMR Title 5-A, Chapter 1, 123.2: A center shall provide bathroom facilities for use by adults
separate from those used by children / NAEYC 9.C.02.b: The work environment includes an
adult-sized bathroom.
NAEYC 9.C.02.a: The work environment includes a place for adults to take a break from children
/ NAEYC 9.C.02.b: The work environment includes an administrative area for planning or

2B. Indoor play space
Consider appropriate classroom space and indoor play space (in the event of inclement
weather) to allow children daily opportunities for physical activity
.

DCPS EARLY CHILDHOOD EDUCATION

B-3

3. Exterior Space Needs (Health and Outdoor Space)
3A. Exits
DCMR Title 5-A, Chapter 1, 163.3: Children under the age of two (2) years, or non-
ambulatory children, may only occupy Center space that is on street level; has two (2)
means of egress; and if the means of egress involve steps has ramps in place to enable staff
to put children in evacuation cribs or flat strollers to roll them out in the event of an
emergency, unless the lack of a ramp at any means of egress has been approved by FEMS.

3B. Playground
Location and Equipment
o Play spaces shall be equipped with signage indicating the appropriate age group for
use
o DCMR Title 5-A, Chapter 1, 163.6: Child Development Centers serving infants,
toddlers, or preschoolers shall provide suitable age-appropriate outdoor play space.
This play space shall be in an enclosed area, including yard or playground, on the
.
o DAP Guidance: low climbing structures, sensory walls, grassy areas (no swings)

Playground Square Footage
o NAEYC 9.B.04.a: Provide at least 75 square feet of outside play space for each child
playing outside at any one time. The total amount of required play space is based on a
maximum of one-third of enrolled students outside at one time.
Playground Enclosure and Exits
o DCMR Title 5-A, Chapter 1, 125.6: Provide ability to enclose the outdoor play space with
a fence or natural barrier that shall be at least high with a space no larger than three
and one-half (3½) inches between its bottom edge and the ground, and designed to
prevent climbing.
o DCMR Title 5-A, Chapter 1, 125.7: Provide at least two (2) exits from each outdoor play
space. At least one of these exits shall be remote from the facility buildings.
o DCMR Title 5-A, Chapter 1, 125.8: All outdoor gates have positive self-latching closure
mechanisms that are at least four (4) feet off the ground or constructed in a manner so
that they cannot be opened by a preschool-age child.

3C. Outdoor space for a garden (desired)
Also refer to

4. Environmental Health and Safety
4A. Outlets
Consider outlet locations to ensure student safety
Consider installing self-closing electrical outlet covers for child-proofing

DCPS EARLY CHILDHOOD EDUCATION

B-4

4B. Windows
Limit the exit opening accessible to children to less than four-six inches, or be otherwise
protected with guards that prevent exit by a child, but that do not block outdoor light
Provide screens
Ensure that strings and cords are not accessible to children

4C. Access to Outdoors
Provide direct access from each classroom to the corridor that has easy and direct access to
the outside
Provide direct access to the outside from each classroom only if the direct access is to a
secured courtyard

4D. Levels of Illumination
Natural lighting should be provided in rooms where children work and play for more than
two hours at a time
o
introduce natural lighting
o All areas of the facility should have glare-free natural and/or artificial lighting that
provides adequate illumination and comfort for facility activities

DCPS EARLY CHILDHOOD EDUCATION

B-5
B: Early Childhood Education (ECE) PreK3 and PreK4

General Notes
The guidelines below are related to Environmental Health & Safety and Health & Outdoor Learning in PK3 and
PK4 learning spaces.

1. Classroom/Instructional Space Requirements (Pre-K)
1A. Toileting and Hand Sinks
Ensure teacher and paraprofessional can easily maintain visual and auditory supervision of
restroom at all times.
o Children in PK3 and PK4 should never be alone behind a closed door
o Stall doors should be low to allow for easy sight supervision
Provide at least one (1) flush toilet and one (1) sink for every ten (10) children.
o An en-suite restroom attached to one classroom should have 2 child-sized toilets
o A jack-and-jill restroom attached to two classrooms should have 4 child-sized toilets
o Child-sized sinks are used for toothbrushing and handwashing. Hardware should be
accessible to children to operate independently (Head Start 1302.43)

Jack-and-Jill restrooms (accessible by two classrooms)

1B. Space for family style meals (FSM)
Lunch time is considered an instructional part of the day. Children enjoy lunch in their
classrooms while conversing with each other and with adults. Children practice motor skills by
passing food to each other and serving themselves.
o Flat counter space where teachers can place containers of food to be served
o Group tables where children can sit together, with adults, to have conversations during
meal times. Reference: Head Start Program Performance Standard 1302.31(e)(2)
1. Casework/Built-ins
Wall space:
o 1 smart board
o Magnetic white boards (PK teachers rely on free-standing white board teaching easels)
o Tack/bulletin boards should be installed in classroom (at least two for teacher
information/child work and at least one near entrance for parent information) and in
hallways
o Neutral color schemes (white, beiges, and light grays)
o
color scheme. The predominant color above the level of the wainscot should be
neutral. Stronger, more vivid colors may be applied on one wall in corridors and

DCPS EARLY CHILDHOOD EDUCATION

B-6
along
clothing is usually much more colorful than that of adults, and their toys and art
add a great deal of color to the environment. Too little color is better than too
Start Design Guide, page 114)
Built-ins should be avoided, except coat cubbies
o Teachers in Pre-K need to be able to regularly reconfigure the furniture in their
classrooms to accommodate new study topics that begin every 8 weeks
o Low, free standing shelves are used to create separate learning centers,
oftentimes by ar
o Coat cubbies should be located against walls to avoid creating any supervision
challenges
o Avoid installing cubbies in a u-shape, or in parallel rows, because this
creates areas of the room where children cannot be easily seen
o
o

2. Interior Space Needs (Pre-K)
2A. Bathroom facilities for adults (DCMR Title 5-A, Chapter 1, 123.2: A center shall provide bathroom
facilities for use by adults separate from those used by children / NAEYC 9.C.02.b: The work
environment includes an adult-sized bathroom.

2B. Break area for adults (NAEYC 9.C.02.a: The work environment includes a place for adults to take a
break from children / NAEYC 9.C.02.b: The work environment includes an administrative area for
planning or preparing materials that is separ

2C. Consider appropriate classroom space and indoor play space (in the event of inclement weather) to
allow children daily opportunities for physical activity.

3. Exterior Space Needs (Health and Outdoor Space)
3A. Square footage
An outdoor play area for PK children must have, at minimum, 75 square feet of outdoor space
per child
The Head Start Performance Standards, 45 CFR 1304.53(a)(5), provide that there must be at
least 75 square feet of usable outdoor play space per child.
o Best Practice: The outdoor play space should be divided, with each outdoor area having
no dimension less than 8.1 feet and a minimum size not less than 1,205 square feet. At
least 50 percent of the outdoor play space must be exposed to sunlight at any given
time during hours of operation. There must be shade in the outdoor play space provided
by planting, gazebos, umbrellas or other similar elements offering. When play space
cannot meet these criteria, the center should provide access to alternate play areas for
developing large-muscle skills. This alternate area may include, but is not limited to, an
open courtyard or an outdoor space, such as a nearby public park, if permitted by state,
tribal, and local licensing requirements.

DCPS EARLY CHILDHOOD EDUCATION

B-7
4.
Environmental Health and Safety
4A. Outlets
Consider outlet locations to ensure student safety
Consider installing self-closing electrical outlet covers for child-proofing

4B. Windows
If the window opening is accessible to children, it may not open more than 4-6 inches or it must
be otherwise protected with guards that prevent exit by a child, but that do not block outdoor
light
Provide screens
Ensure that strings and cords are not accessible to children

4C. Access to Outdoors
Provide direct access from each classroom to the corridor that has easy and direct access to the
outside
Provide direct access to the outside from each classroom only if the direct access is to a secured
courtyard

4D. Levels of Illumination
Natural lighting should be provided in rooms where children work and play for more than two
hours at a time
o to
introduce natural lighting
o All areas of the facility should have glare-free natural and/or artificial lighting that
provides adequate illumination and comfort for facility activities

4. Furniture
4A. Pre-K classrooms should be designed primarily for use by children with very limited

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
C. FOOD AND NUTRITION SERVICES

DCPS FOOD AND NUTRITION SERVICES

C-1

C: FOOD AND NUTRITION SERVICES

1. Kitchen Design
1A. Serving Line
Serving line should be placed such that it can be secured and closed off after breakfast and
lunch activities are completed, from the rest of the dining space
Doors are preferred over over-head coiling door for accessing the serving line
o A door for in and one for out of the serving line shall be provided--Glazing between
the doors is preferred for good visibility into the serving line

1B. Prep Items
Walk-in Freezer and Coolers shall be included on the generator
No door is needed between food prep and ware washing, minimum opening only

1C. Finishes
Floors- rolled, heat sealed- (except for Walk-ins)
Walls- tile, color keyed to accent school colors

2. Dining Space
2A. Cafeteria Seating
Provide a variety of table sizes and types when possible
A combination of round tables with built-in bench and round with loose chairs are
preferred; rectangular tables with built-in bench are acceptable
Ensure minimum ADA quantities are provided at tables

2B. Trash and Recyling Locations
Do not provide built-in/custom trash and recycling locations
Trash/Recycling/Organics (Compost) cans should be dispersed throughout the space

3. Kitchen Equipment and Accessories
3A. Standard Equipment
Blender
Convection Oven, Double Stack, Mobile (Gas)
Convection Steamer, Double Size, (Gas)
Food Processor, Commercial, Robo Coupe or Waring
Pass-Thru Heated Cabinet, Mobile (not required to be pass-thru if space does not allow)
Pass-Thru Refrigerator, Mobile (not required to be pass-thru if space does not allow)
Range/Oven, Mobile, Oven must be Convection Oven w/fan (Gas)

3B. Serving Line Equipment/Components
Cashier Counter, Mobile
Cold Food Counter, Mobile
Hot Food Counter, Mobile
Milk cooler, Mobile

DCPS FOOD AND NUTRITION SERVICES

C-2

3C. Standard Kitchen Accessories
Clean Dishtable
Combination Pot Washing Sink/Soiled Dishtable
Condiment Counter, Mobile
Dish machine
Dish drying rack, mobile
Disposal
Grease Interceptor
Dunnage Rack
Fly Fan
Pan Rack cart, Mobile
Pot & Pan Rack, Mobile
Shelving Metro, commercial, stainless wire, NSF rated
Two and Three Compartment sinks as required, provide filters at each
Utility cart, mobile
Worktable
Can Opener
Trash Cans: Slim Jim 32 gallon

4. Delivery Access and Security
4A. Door size/type for deliveries
M max in width
Single door preferred in lieu of double door
Provide solid door with peep hole
Provide adequate weather striping and bottom sweep per DOH requirements

4B. Typical Deliveries
Delivery truck sizes include:
o Full Truck / Van / Straight Truck
Food produce Straight Truck
Bread
Milk 2-
Dry Foods full truck

4C. Security
Provide axis phone from exterior to allow voice and video
No automatic door release shall be provided. Physical door release by personal is required for
security measures. (See DCPS Security one-pager and OPR)
DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
D. HEALTH AND PHYSICAL EDUCATION

DCPS HEALTH AND PHYSICAL EDUCATION

D-1

D: HEALTH AND PHYSICAL EDUCATION

Refer to Educational Specifications for additional information

1. General Requirements for All Program Levels
1A. Electrical/Technology Requirements
Split sound system should be installed at high capacity schools where two PE classes happen
simultaneously (dedicated speaker system to gymnasium side)
Screen/Presentation capability in Gym

1B. FFE
Provide Markerboards (as noted in ed spec)
o Locate on opposite sides
o Chalk trays not to be installed
Provide Tack Board
o Locate inside of Gym near entrance
Provide non-interrupted white wall or projection screen on backside of murphy stage (if
applicable) for projections

1C. Specialty FFE/Applications
Climbing Wall: maximize space and locate where possible
Ideally - continuous
acceptable
Basketball hoops: retractable and ceiling mounted, not portable unless approved by DCPS
Volleyball: recessed floor sleeves for poles
Archery
Provide secure (lockable NASS.org) storage for bows and arrows in PE Storage
o wide)
o Target should be 1 meter from net. Then stand up to 15 meters away

2. Elementary Program Level Needs
2A. Gym Floor Striping
Basketball (DARK color guides) and volleyball (LIGHT color guides)

2B. Bike Program
Balance Bikes (ECE)
o PreK-3 and PreK-4 = 20 bikes ( https://burley.com/product/my-kick/)
o Provide bike storage space/area/shed near ECE wing or outside
2nd Grade Bikes
o 25 w/ pedals , 5 non-pedal
o https://www.rei.com/product/129551/diamondback-jr-viper-20-boys-bike
o Provide storage solution in close proximity to the gym

DCPS HEALTH AND PHYSICAL EDUCATION

D-2
Traffic Gardens (Elementary School only)
o Incorporate into Landscape design to support bike program

3. EC / Middle / High School Program Level Needs
3A. Foundational Fitness
Provide hooks on wall for foundational fitness straps (TRX hooks)
o Hooks must meet needs for straps
o Include in Health Classroom if flexible space is available (all schools should have a
dedicated health room, DCPS has a requirement for grades K-8 of 75minutes per
student per week)
o Depending on size of middle school or EC, there should be multiple spaces to
accommodate students (Grades K-5: PE requirement of 90 mins minimum per week
of PE and Grades 6-8: 135 minutes per week)

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
E. LIBRARY PROGRAMS

GeneralNotes
raryPrograms
ElementarythroughHighSchoolProgramLevelNeeds
1.Technology
1A.
1B.
1c.
2. FFE
2A,
2B.
2c.
Twofullclassesshouldbeaccommodatedatanytime:
© One:one-fullclassaccommodatedwithtablesandchairsandlocatednearinteractive
whiteboard© Two:one-fullclassaccommodatedinavarietyofsoftseatingforreadingtime
Shelvingheightaccessibleforallstudents
Qutlet/TechnologyRequirements‘* Electricalaccessthroughoutformobilechargingincludinginworkroom/office
© Maximizeelectricaloutletsthroughspacetoallowforstudentcharging(ie,columns,
perimeters,etc)
Opac Catalog Stations
‘*Two(2)studentcomputersdedicatedtoOPACsearchingshouldbeincludeinthelibrary:one
atthecirculationdeskandthesecondthroughouttheLMCspace
Der

Ss
‘* Minimumofonedistrictstandardinteractiveboard
‘* Dedicatedprinterstationapartfromcirculationdesk
'* Dedicatedtwo(2)studentdesktopsasnotedin18
© Provideone(1)staffdesktopsatcirculationdesk

CirculationDesks‘* Moderatelysized;locatedincloseproximitytoentrance/exit
‘*Shouldbeplacedwithmaximumsightlinesforthespace
‘* HeightofthedeskshouldtakeintoconsiderationthesizeofthestudentsaswellasallADA
guidelines‘*Abookdropandbookcartshouldbeincluded
Bookdrops
‘* Inadditiontothebookdropinthecirculationdesk,asecondlockablebookdropshouldbe
accessiblefromthehallwayoutsideofthelibrary
© Asecondbookcartshouldbeprovidedtocollectthebooksfromthesecondbookdrop
location
Softseating
Shouldbeeasilycleanedandsizedproportionaltostudents
Providesoftseatingthroughoutallspaces(encouragesstudentstoreadindependentlyand
tocollaborate)
DCPSLIBRARYANDMEDIASERVICES Ea
ry DISTRICTOFCOLUMBIA
2D. MarkerBoards‘* Provideineachsmallgrouproom
‘* Provideminimumoftwowhiteboardsinreading/learning/circulationarea
2E. Mobilefurnitureandshelvingoncastersthatallowsforflexibleuseofspace(©Shelvinglocatedwithinthespace(notalongtheperimeter)shallbelowshelving(42-48"
max)toallowforvisibilitythroughout
©.Shelvinglocatedalongperimeterwallscanbeincreasedto5-0"highifdesiredandneededtomeetbookcount

3. SpaceNeeds
© Lightingappropriatetotaskwithabilitytodimseparatezones
Visualcontrolthroughout
‘Areasforsmallgroupandlargegroupinstruction
‘Areasforinformalsmallgroupinteraction
Iflibraryextendsonmultiplefloors,providelockabledoorsatallentrances/exits
Iflibraryextendsonmultiplefloors,providingConferenceRoom/satlevelsothersthanthemain
levelisacceptable
4. MakerSpaceNeeds
‘* PriorityofMakerSpacetobeonlevelofreading/circulation

ShelvingRequirements
GeneralNotes‘Whendeterminingtypeandplacementofshelving,considerthefollowing:
‘*Considershelfheightandarrangementtopromotemaximumvisibilityofstudentsandaccessi
resources
‘* Freestanding,mobiledouble-facedstacksplacedinrowsof4-6sectionsisthepreferredstack
arrangement
© Allshelvingmusthaveafullbackandbefullyadjustablewithnolipthatpreventsaccesstobooks.
‘*Counterheightshelvingmaybeusedforpicturebooks,referencebooksandtocreatespecialinterest
areas
‘*Shelvesshouldbeabletoaccommodateavarietyofformatsandheightsofbooks
‘*Schoollibrariesservingyoungstudentsbenefitfromfront-facingshelvingbinsforpicturebooks(record
albumstyle)toeasebrowsingandincreaseagency

5A. CalculatingShelvingDimensions
‘©ShelvingiscalculatedasthemaximumcapacityofthebuildingX20books/student
‘*Tocalculatethelinearfeetofshelvingneeded,usethefollowing:
© Picture/thin:20booksperfoot(~25%ofcollection)© Standardsize:9booksperfoot(~75%ofcollection)
© Referencebooks:6booksperfoot(verifyexistingcollectionandaccommodate)

DCPSLIBRARYANDMEDIASERVICES £2

© Periodicals:1perfootfordisplaypurposes(verifyexistingcollectionandaccommodate)
5B. ShelvingDimensions-Depth
‘* Whendeterminingdepthofshelving,considerthefollowing:
© Useminimum10-inchshelfdepthforstandardsizebooks
© Useminimum12-inchshelfdepthforpicturebooks,referencebooks,andperiodical
andaudiovisualstorage
© Equipmentstoragewillrequire18-24-inchshelfdepth
DCPSLIBRARYANDMEDIASERVICES E3
DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
F. OPERATIONS

ry DISTRICTOFCOLUMBIA
F:OPERATIONS
GeneralNotes
Thefollowingguidelinesshouldbenotedduringbuildingandsitedesign.OperationalManualsarealso
referencedbelow.
1.Custodialclosetlocations‘* Minimum1pereachfloor;locatednearbathrooms
‘* Provideopenshelvingforsupplystoragepercloset

2.Mopholders/drainlocations‘* Providestandardholders(seeAppendixA-OPR)
‘* Provideshelving
3.ToiletAccessories
‘* SeeAppendixA-OPR
Outletsthroughoutcorridors‘* Locationstobedeterminedbybuildingsize
‘* Provideevery25ft-30ftduetolimitationsinvaccum/cleaningequipmentcordlengths

5.Cleaningequipment
‘*Contractortoproviderecommendationfromflooringsub-contractorbasedonfinalfloorselection
‘* DCPSOpsteam/schoolOperationsstaffwillreviewrecommendationsandconfirmdesiredquantities
6.Exteriorsignageneeds
‘Signagepackagetoincludesignageforplaygrounds,fields,andpublicaccessedentrances
‘* Digitalmarqueedesired(DCPSiscurrentlyindiscussionswithHPOtostandardizetheDCPSmarquee
andcreateaprototype)
7. Fob count
‘* Provideone(1)foreachfull-timeemployee+10%minimumforprojectedfull-timestaff
© DCPStoconfirmfullpercentageincreasebasedonprojectedstudentenrollment,

8.Cellphonelockers‘©Specifictypetobedeterminedbyindividualschoolleadership
9.Railings
* Interiorguardrailsthatconnectoneormorefloorsshallbe48”(thisisinlieuofthe42”minimumcode
requirement)
10.Entrypoints/ MainEntry/SecondaryEntry
‘© Ifsecondaryentranceisprovided,signageisneeded(therewillbeatimewhenthesecondaryentrance
isclosedoffandonlytheprimaryentranceisused

DCPSOPERATIONS Fel
DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
G. SECURITY

DCPS SECURITY

G-1

G: SECURITY

General Notes:

When a door is forced open or access is unauthorized, the security desk console will receive a
notification of the door being opened and the related camera will pop up
o This notification should be a sound as well as the camera popup
o If equipped with an alarm at the door, this alarm can be silenced from the security desk or from
the door itself by swiping a valid card / credential or using a key
o Every exterior door should be fitted with either dual or DPDT (Double Pole Double Throw) door
contacts so every door can be monitored by the integrated CCTV system
Door intercoms shall be installed in strategic locations to call through to inside stations at the security
desk, Welcome Center / Admin and kitchen
o The person answering the Doorphone must exercise discretion in determining the potential
visitor before using the phone to remotely unlock the door. (Doors that are remotely unlocked
should only be doors that enter into supervised areas)
o Doorphones are VoIP based and can be configured to follow / forward the call to the inside
station at the command center or any other remote location. In general, door intercoms should
ring to a manned security desk first, then roll over to the Welcome Center second.
o Where school lockdown solutions are installed, the Doorphone will be configured to dial out to
the command center as soon as the lockdown protocol is initiated i
responders to personnel at the command center that is able to view all the cameras inside the
school.
o Door intercoms installed for kitchen deliveries shall be programmed for audio only, no remote
door control.

Definitions
The integrated security system consists of CCTV and Access Control together with Intrusion detection. School
lockdown solutions where installed will also form part of this integrated solution.

1. CCTV (CCTV) Closed Circuit TV provides the recorded and live video coverage of the building and exterior
property
2. Access Control (PACS) Physical Access Control System provides restricted access to the building ensuring
that all exterior doors are locked
3. Intrusion Detection System (IDS) provides security coverage when the building is locked and unoccupied (or
in some cases partially occupied)

DCPS SECURITY

G-2

DCPS Security System and installer specifications

1. CCTV
1A. Server
Performance Criteria:
Cameras recording in H.264
Record minimum 45 days motion activated recording
Record at each camera's maximum resolution (minimum of 1.3Megapixel per camera)
For multi-server sites system must be configured to be accessed on a single interface
All sites must be configured to report to the DCPS Security Command Center
It is the responsibility of the contractor to successfully integrate into Command Center

1B. Cameras- Hardware
Performance Criteria:
BOD for cameras shall be Axis brand cameras or approved equal
All cameras must be vandal resistant, PoE and Infra-Red where required
Camera designs and configurations must be completed by Axis Gold level partners, or
approved equal, to ensure best use of cameras in correct areas to accommodate for all
camera features, analytics and installation practices and guidelines and installation locations
For Basis of Design of camera models see Appendix A (OPR) specification section 28 05 00
VIDEO SURVEILLANCE SYSTEM
1C. Cameras- Placement/Location
All exterior doors to be covered by fixed cameras (one camera can cover multiple doors if
the doors are close enough)
All playgrounds, parking areas and driveway entrances to the school property
Interior hallways, lobbies, gym, cafeteria, stairwells and other public and circulation areas
No cameras in classrooms except for Computer labs and libraries
Laptop and computer storage rooms
Welcome Center and waiting area

1D. Security Monitors
Monitors should be provided at the Security desk, Security Office, and Welcome Center

1E. Door Intercoms
Exterior door intercoms to be provided with sufficient mounting hardware to ensure ease of
access for all users and meet ADA guidelines
Should be installed only at main entrance, entrance gate, if applicable, and at one (1)
kitchen/delivery entrance unless directed otherwise

DCPS SECURITY

G-3

2. PACS

2A. Door Monitoring and Control
In addition to any access control hardware provided for in the site specification, all exterior
doors need to have alarm contacts on each door slab wired using DPDT door contacts and run to
IDS and PACS Control Panels. This will be used for integration to the CCTV system for door event
notification and recording. Additionally, Card Readers should be installed on all exterior doors.
(Access will be determined with DCPS/school leadership)
Access cards for card readers should be purchased by approved vendor

2B. Access Control panels should be Mercury Security hardware panels (see OPR for
acceptable panels)

2C. Panels can be wired using Ethernet or 485 topology

2D. Power Supplies must consist of Trove 2 or Trove 3 enclosure (See OPR)

Systems need to be configured onto the VoIP platform and route back to the DCPS Security Command Center.

3. Intrusion Hardware
Main intrusion detection control panels must be by DMP model XR-550 with associated power
supply
DMP Panels must be connected to the network on the security VLAN
DMP Panels must be connected to a dedicated phone line and report to DCPS Security

3A. Door locking hardware
All electrified exit devices need to make use of motorized latch retraction and not solenoid latch
retraction
All exterior electrified locking devices need to have built in REX switches and built in latch-bolt
monitoring
-approach unlocking
Mag-locks should not be installed, unless approved
Electronic door strikes are an acceptable option

Certifications
Any contractor working on DCPS CCTV, IDS, PACS needs to hold the following certifications or approved equal.
ESA CAT1 + Life Safety Code + Video System Technologies (For CCTV)
ESA CAT1 + Life Safety Code + Electronic Access Control (For PACS)
ESA CAT1 + Life Safety Code + Advanced Intrusion Systems (For IDS)
Manufacturer certifications of the systems being installed
Mercury Based Certification (i.e. RS2, Panasonic MonitorCast, etc)

o Required - all staff are background checked randomly twice per year

DCPS SECURITY

G-4

IT Requirements
o SEE OPR and IT Guidelines

Evacuation Maps
o Design teams shall provide base maps to DCPS Facilities and Emergency Planning & Guidance Unit to
assist in identifying primary and secondary routes. Once routes are determined, the design team shall
create maps for each room. Assistance and final review will be provided by the DCPS Emergency
Planning & Guidance Unit.

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
H. SITE AND PLANTING DESIGN

DCPS SITE AND PLANTING DESIGN

H-1

H: SITE AND PLANTING DESIGN

General Notes
Ensure DCPS Security reviews doorphone fob plan as it relates to site programming. Consider
playgrounds, sports fields, gardens, staff parking, dumpster routes, morning student gathering,
aftercare, parent drop-offs.
Line of sight must be maintained from building windows throughout the schooly blind
behind vegetation and structures or around corners.
Aim for full ADA accessibility throughout the site (more than the minimum requirements).

1. Site Access
1A. Fencing
Solid steel picket fence shall be used for site perimeters
Fencing should be installed for sports fields and sport courts (for safety) if not located on the
perimeter
Height depends on zoning, programming, and security requirements
o Review extents, access, and heights with DCPS during design
Consider tall nets atop fencing for sports fields
Review fence extents and heights with school leadership

2. Site Elements
2A. Seating Areas
Design team shall explore multiple seating options based on site configuration and grade
change
Consider weather (shade v sun) and visibility (line of sight)
Take advantage of retaining walls for seating opportunities

2B. Shade
Shade is an important feature for schoolyards for students, caregivers, and classtime- avoid
fabric sails that need to be removed in winter

3. Landscape
3A. Create a defined edge between changes in ground condition (ie from planting bed to grass).
Flush concrete curb is preferred but metal edging is acceptable. Do not create a tripping hazard
with edging.

3B. Avoid oddly shaped, small, fenced, or isolated patches of lawn as it is difficult to mow such
spaces.

3C. Avoid lawn in areas that get concentrated volumes of foot traffic (such as between building
doors and the playground) as the grass will die and become muddy in rain.

3D. When choosing between lawn and artificial turf, consider the amount of use a field will receive
by the school and the neighborhood.

DCPS SITE AND PLANTING DESIGN

H-2

3E. Plantings
When selecting plants, consider the right plant for the right space; consider shade, views,
adjacent walkways and windows, etc.

heavy pruning, fertilizing, or fussing).
Include plants with a high biodiversity (attracts birds and other wildlife with food and
shelter).
Consider edible permaculture where appropriate with garden programming, but ensure that
any fallen fruit will not fall on walkways or other adjacent hardscape
Avoid plants with thorns (or rosebushes at all); nothing toxic (yews, etc)
Avoid tall shrubs that present a hiding spot or otherwise compromise site security
Maximize tree plantings; cluster different height trees (shade and understory) together in
beds rather than spacing them equidistant within lawns. (Tree trunks are prone to damage
from mowers and trimmers)
Consider depth of mulch and replenishment mulch when designing finish grades. (Mulch
ends up washing over walkways and playgrounds when too much is mounded up over time)
Plant in drifts (but not monocultures) to make it easy for volunteers/users to recognize what
belongs and what does not.

4. Installation and Turnover
4A. Specify plugs for perennials and decorative grasses, which allows for denser spacing at a lower
cost.

4B.

4C. Remove tree stakes after one year; include in contract.

4D. Install weed fabric below mulch and/or bound mulch around newly planted specimens to
discourage weed growth during establishment (at least two years)

4E. Establishment watering must be included in the contract; at least through one growing season

4F. DO NOT create mulch volcanoes around tree trunks. Installed trees should sit at a finish grade
that matches its condition before planting. Mulch is intended to keep roots moist, not trunks.
Moisture trapped by mulch will damage a trunk and could lead to an unhealthy or dead tree.

4G. Prepare a binder for turnover to teachers and students (one physical plus digital copies) that
includes a site plan with simplified location key (planting bed 1, 2, etc), plant names (latin and
common), brief descriptions of each plant, general locations that tie to the key, photos of each
plant at mature size, closeup photos of key identifying features (redbuds retain seed pods
throughout winter, etc), and general maintenance required (cut perennials and grasses to the
ground in spring before new stems grow, etc).

DCPS SITE AND PLANTING DESIGN

H-3
4H. Consider including plant signage markers for identification

5. Playgrounds

General Notes
Include a range of physical motions for student development; climbing, balancing, swinging, spinning,
sliding, running, etc.
Include opportunities for imaginative and unstructured play.
Ensure adequate equipment for the school population and programming. For example, one slide is not
sufficient to serve three classrooms of students at one time.
Rigid freestanding shade structures are preferred (in addition to built-in shade on equipment) unless
adequate shade is thrown by the building or existing adjacent trees. A solar study will be used to
determine shade requirements for each project.
Inclusive design is critical for all DCPS playgrounds. This includes ADA circulation to/around all features
and multi-user components that allow students to engage socially with differently-abled peers.
Socialization is the most critical feature of inclusive play. Also consider sensory needs and include quiet
passive areas on playgrounds.

5A. Design Process
Part 1: Through a visioning exercise, the school community / SIT will receive opportunities to
weigh in on desired features, activities, and colors; and review concepts before an
equipment order is placed
o Student engagement is also encouraged to determined desired activities and
components
Part 2: The landscape architect will work closely with a playground vendor (designated by
DCPS) to create a basis of design
o Vendors offer conceptual design services free of charge as part of their
business model; There is no guarantee that their design will be selected for
the project
o DCPS will review budget with design team and vendor prior to basis of
design created
Part 3: The school community / SIT will review concepts from 2-3 vendors and provide
feedback on each of the designs

5B. Proposal Submission
The basis of design will be used to collect bids from three equipment vendors-including the
vendor who created the basis of design
o Two Playgrounds: ECE Playground and Upper Level (5-12yr.old Playground)
Proposal submissions must include a price for each of the following components or indicate
that a component is not part of their submission price
Provide as separate line items the purchase, freight, and installation cost for the following:
o Play equipment; Shade structure(s) not integrated into play equipment; Site
furnishings to include benches, trash and recycling receptacles; Safety
surface; Drainage layers beneath safety surface, including stone and pipes;

DCPS SITE AND PLANTING DESIGN

H-4
Field
surface if part of the project; Drainage layers beneath field surface,
including stone and pipes
Submissions must also include both playground plans (showing fall zones) and 3D renderings
(two version, color and B&W) of the proposed layout
o It is desired that the renderings include human shapes for scale as well
as a summary of the total number of students who can play on the
equipment at a time

5C. Playground Design/Features
Avoid fine details, complicated patterns, or too many colors in safety surface as the surface
is unlikely to be patched to the same level of complexity or detail, if repatching/replacement
is needed.
Avoid placing safety surface seams beneath areas of high wear, such as slide landings, below
swings, or around spinning equipment.
For EPDM surfacing, use light colors to keep the surface cool. Do not include black in top
coat as a way to reduce costs.
The playground must appeal to a 3 year old and a 12 year old. Scale the equipment
appropriately to account for all ages and levels of risk.
o Provie fence between ECE and 5-12 playground to help protect ECE
during aftercare or recess (although most ECE students want to play on
the 5-12 equipment)
Swings are desired if space allows
o Consider multi-user swings like bowls to maximize the number of
children who can play on a swing at any one time

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
I. VISUAL AND PERFORMING ARTS

DCPS VISUAL AND PERFORMING ARTS

I-1

I: VISUAL AND PERFORMING ARTS

Refer to Educational Specifications for additional information.

1. Visual Arts
1A. Electrical Requirements
Provide overhead drop-down power reels at all program levels (including Makerspace).
o Elementary Levels: Provide 4-6 power reels in all art spaces, including Makerspaces.

1B. Furniture
(Elementary Level only)
Tables should be easily movable
o Elementary School Program level: Provide adjustable tables
o Middle/High School Program levels: Adjustable height tables not required
Provide adjustable height stools (no castors)

1C. Art Storage
Provide counter area in Art Storage Room

2. Performing Arts - Music Room
2A. Electrical Requirements
Provide adequate outlets for Keyboard program (around 25 keyboards per class) - Exact
confirmation to be determined with DCPS but consider mid-height outlets and low-
height outlets for keyboards
No floor outlets

2B. Storage
Wenger storage solution should be provided and approved by DCPS
Wenger storage should be installed within Music Storage Rooms
o Individual locks are not required on Wenger storage when located within storage
rooms
Music storage for sheet music/materials not required

2C. Furniture

3. Performing Arts - Instrumental/Band Room
3A. Storage
Provide Wenger casework with grille doors (lockable)

3B. Furniture
No risers

DCPS VISUAL AND PERFORMING ARTS

I-2
4. Performing Arts- Auditorium
4A. Technology Requirements- Middle/High School Program Levels
Provide mobile control rack with wireless capabilities
Control rack should connect to Control Room back to the main stage area

4B. Stage
Provide over-sized (either double door or overhead coiling door) doors for backstage
Provide lower stage height at Elementary School Program Level (preferred height of 20"
or 24")
Provide dance bars per DCPS specific direction

4C. Ticket Booth
Ticket booth not required unless existing or specifically requested

5. Performing Arts- Dance Studio (Middle School / High School Program Level)
5A. Floor Structure Design
Wooden sprung floor not required unless directed specifically by DCPS (Dance Studio
should be multi-functional and accommodate dance as well as other
PE/Athletic/Performing Arts functions)

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
J. TRAFFIC GARDENS

SectionI:DCPS Appendix C
TrafficGarden One-Pager
DCPS TrafficGarden Background
Information
Atrafficgardenisasmall-scaletraffic-style
networkinstalledoutdoorsforactivelearning
andimaginativeplay,Thisdocumentinformsthe
considerationsforinstallingatrafficgardenon
elementaryschoolsites.Backgroundinformation
isprovidedinthissectionincluding:
* Principlesbehindtrafficgardens
* Featuresandequipmenttosupport
programsandactivities
* Bestpracticesforarangeofconsiderations
* Roadwayeducationalelements
GeneralPrinciplesforaTrafficGarden
TrafficGardensarescaled-downstreets
assembledintoacontinuousnetworkfollowing
real-worldroadwayconfigurationsandtraffic-
stylesignsandmarkings.Featuresandelements
arereduced-sizeversionsofpublicstreet
infrastructurethatissimplifiedandsizedfor
studentsages3-12.Theyshouldalsobeattractive
intheirappearance.Colorandotherartistic
elementscancreateamini-worldforchildren.
Trafficgardensarecomposedofthefollowingkey
elements:streets,intersections,sidewalks,and
looseparts.
© StreetsandIntersectionsaredesignated
throughuseofstripedpavement
markings.Streetsconnectatvarious
intersectiontypes:four-wayorthree-way
intersectionsoratroundabouts.There
shouldbeaminimumofoneintersection
each featuringSTOP and YIELD details.
Othermarkingsincludecrosswalks,
arrows,stopbars,andyieldmarks.
Sidewalks:addcomplexitytouser
interactionandcanbedesignated
throughstripedpavementmarkingsor
paintedasphalt.
*Looseparts:refertoreduced-sizedroad
signs,whichshouldbefree-standing
andportableandaretobeprovidedin
conjunctionwiththeinstallation.
Thefollowingconsiderationsshouldbemadeto.
ensureacompletetrafficgardendesign:
* Accommodationof Devices:Streets,
storage,andassemblyareasshould
accommodate useby studentson foot
oron balancebikes,16”and24”two-
wheelers,and/orrecumbenttrikes.
Streetsshouldbemaneuverablefor
severalridersatatimeonthesedevices
whilealsoaccommodatingeasyturnsand
well-spacedintersections;thereshould
benosquarecornersorhairpinturns.
Designonstreetsandspacingshouldalso
consideradultinstructorsandsupervisors
withinthetrafficgardenarea.
* Accessibility:Barrier-freelayoutis
requiredforstudentswithextramobility
needsorthoseusingotherwheeled
devices(e.g.,wheelchair,recumbent
trike).
© Storage:Storageisneededforprotection,
security,andorderlinessforportable
signs,balancebikes,andotherancillary
items.
Summary of Best Practices
Bestpracticesandotherpracticalconsiderations
thatshouldbeincorporatedintotrafficgarden
designarelistedbelow:
* Environmental:Considerimpactsfrom
overhangingtreesandareaspronetoice.
* Safety Buffering& Obstacle Avoidance:
Keepclearspaceorshydistancebetween
streetsandfencing,walls,publicstreet,
doorways,orstructures(6’-9’distance
ifpossible)andavoidareaswithfixed
objects,comers,protrusions,steps,
andpoles.Selectasiteawayfrom
trashstorageorroadwaywithtruck
movements.
* Orientation:Integratetrafficgardenswith
playgroundareas,runningloops,and
assemblyareaswhileoptimizingtravel
distancesfromgym,Pre-Kclassrooms,
andstoragearea,Coordinateapproaches
todoorways,paths,gates,andstorage.
‘*Comfort:Implementbenchesandshaded
areasforaccompanyingadults.
‘©Gathering:Addcolororotheridentifiers
tosurfacestoaidwithdirectingstudents.
‘*Wayfinding& InformationSupport:
Includemapsandstreetnamesaspartof
additionalsurfacefeatures.Addlessons
orinstructionalcuesasadditionalsurface
features.Provide sitename, maintenance
directions,andsafetyinstructions.
‘©Surface:Installstreetsonhardsurfaces.
High-qualityasphaltsurfacesarethe
preferredoptionalthoughpouredin
placerubbersurfacescanserveasan
alternativealso.
Roadway Educational Elements
Keyroadwayelementsthatshouldbe
incorporatedintotrafficgardensarelistedbelow
and describedinmore detailinthe following
section(TrafficGarden Guidance).These elements
allprovideuniqueeducationalopportunitiesfor
students.
* StopIntersection:Intersectionfeaturing
stopbarsandSTOPword(surface
marked)plusstopsigns(portable)onall
approaches.
* Yieldintersection:Intersectionfeaturing
yieldmarkingsandyieldword(surface
marked)plusyieldsigns(portable)onall
approaches.
* Roundabout:Singletravellanearound
circle,anti-clockwisedirection.
Yieldmarkingsandyieldwordonall
approaches.
* Two-way streets:Lane stripingand
directionalarrows
* One-waystreets:Lanestripingand
directionalarrows,one-waysign
(portable)
* PedestrianCrossing:Pedestriancrossing
bars(markedatintersectionormid-
block)
‘Othermarkings:Arrows,curbramps,
medians,islands,bicyclelanesymbols
DCPS TrafficGarden Guidance
Thissectioncoversrecommendationsforputting
togethertrafficgardens.Thespecificguidanceis,
calibratedtomaintainbothlayoutappearance
andabilityofstudentstobike.Informationis
organizedintothefollowingsections:
* Specificguidancefortrafficgarden
networkcomponents
‘+Surfaceconsiderationsand
recommendations
‘*Trafficgardencolorguidelinesforpaintor
markings
TrafficGardenNetworkComponents
Keyelementsofatrafficgardenaredescribedin
detailonthefollowingpages.Table1identifies
primarydimensionsfortheseelements.Some
valuesareadjustableupwardsonacase-by-case
basis.Forexample,cornerradiicanbeincreased
proportionatelyforapplicationswhenstreetsare
scaledwiderforolderusers.However,inmost
casesitwillnotbepossibletouselowervalues
thanrecommendedduetothealreadyreduced
sizingdeployed.
Table1TrafficGardenElements

TrafficGarden Elements Recommended Dimensionsand Spacing
Streets

Two-way streetor multi-lanesegment wide travellanes
One-waystreet(singlethroughlane):4’widetravellane(minimum)
IntersectionSpacing Intersectionswith controls:atleast20’apart
Intersectionswithnocontrols:12’apartminimum

Crosswalks Crosswalkbarwidth:6”with6”spacebetweenbars
3/-5'(typical)butcanbeincreasedtocreatealargerroundabout.Roundabouts Roundabouttravellanewidth:4’-5'(asmeasuredfromoutsideedgeofcentralcircle).
- Sidewalk:2'-3'wide(typical)Sidewalks Bufferbetweentravellaneandsidewalk(ifpresent):2’wide
stopMarkings ‘STOP’letterheight:6’
‘STOP’wordwidth:21”
YieldMarkings
Trianglebase:4”-6”
Triangleheight:1.5xbasedimension
Trianglespacing:3”-4”apart
‘YIELD’wordwidth:24”

LooseParts(Signs)
Sign head: 10”-12” wide
Signpost:48”high
Portablebaseweight:15-25pounds
Note:Edgeofsignbaseshouldbepositionedaminimumof1’clear
ofstreetlaneedgeorbeyondpaintedsidewalk
Buffer
Allridableandwalkableelementsshouldhaveashoulderorbuffer
ofnotlessthan6”butpreferablyupto9",betweentheridingspace
andaverticalelementsuchasawallorfence.
Streets approachaswellaswhatsignsandmarkings
Wherethereisonlyasingletravellane(suchas
foraone-waystreetsegment),theminimum
lanewidthiswiderthanwheretherearetwoor
morelanes(e.g.,two-waystreetormulti-lane
configuration).Specificdimensionsarelistedin
Table1above.
Intersections
Therearedifferentwaystoconfigureintersections
dependingonthenumberoflanesonthe
directusers(i.e.,controlled)orwhensignsand
markingsareabsent(i.e,free-flowing).The
imageandrecommendationsbelowdescribe
considerationsinintersectiondesign.Ingeneral,
thefollowingtypesofintersectionsshouldbe
includedwithinatrafficgardennetwork:
* Roundabout/yieldcontrolled(min.1)
* T-intersection/stop/yield/free-flow(mi
+ 4-way/freeflowing/nocontrols(nomin.)

Intersectionsshouldhaveroundedcorners
toassistturningmovementsandincorporate
standardpedestrianstripingcolorconventions
(whitepaintedbarsagainstpavement,evenly
spacedacrosswidthofstreet).Unlikein
real-worldintersections,manytrafficgarden
intersectionscanbedesignedtobefreeflowing
(ie.,withnostoporyieldcontrols).
Figure1Intersection
Tt

UT
tL \ 7
WHT

Crosswalks
Crosswalkscan be locatedatintersectionsand/
or between intersectionsat mid-blockcrossing
locations.Paintedcrossingsadd interactions
betweenthosewalkingandbiking.Crosswalks
should have solidwhite surface‘ladder’markings
(i.e.,paintedbars)acrossthe streetwidth;they
should be alignedwith sidewalksand curb ramps.

Paintedislandsandmedians
Paintedislandsandmedianscanbeincorporated
alongtrafficgardenstreetsandatintersections.
Islandsshouldbeindicatedwithevenlyspaced
hatchedstrippinglines,andyellowpaintshould
beusedtodenoteareasseparatingtravel
directions.Circleswithin roundabouts are a
specialtypeofislandthatcanbepaintedina
solidcolorordecoratively.Sandorasimilarly
texturedproductcanbeusedonmediansurface
paintormarkingstoincreasetraction.
Roundabouts
Roundaboutsallowriderstoeasilychange
directionoftravel.Theycanbeconfiguredfor
approachstreets.Eachstreetshouldhaveonlya
singletravellaneenteringtheroundabout,travel
shouldbecounterclockwiseonly,anddirectional
arrowsshouldbeincludedtoidentifythetraffic
flow.Roundaboutcentercircledimensionscan
beincreased,butrecommendedwidthsare
identifiedinTable1above.
Figure2Roundabouts

Sidewalks
Sidewalkscanbeaddedtotrafficgardensto.
providefurtherdetailandcomplexitytostreets.
Theadditionofthiselementcanhelpteachstreet
crossingprotocoltochildrenandhelpencourage/
guidestudentsnoton bicyclestostaytothe
sideofthetrafficgardens.Curbrampscanalso
berepresentedatsidewalks’interactionwith
crosswalks.Thesecurbrampsshouldbesized
tomatchorfitwithinthewidthofthesidewalks
andcanbeindicatedthroughuseofredoryellow
solidblockofcolor(Figure3).Dimensionsfor
sidewalksarelistedinTable1.Thereareseveral
optionsforrepresentingsidewalksintraffic
gardens,listedbelowandillustratedinFigure4.
1.White/graylineparalleltostreetedge
2.White/graylineparalleltostreetedge
plusadjacentcontrastingbackground
3.Solidgrayasentiresidewalkwidthplus
adjacentcontrastingbackground
4,Solidcontrastingcolorasentiresidewalk
width
Figure3CurbRamps
Sidewalk
Figure4SidewalkStyleOptions
SidewalkStyle7 SidewalkStyle2
—
THU
L...
TH=

sidewalkStyle3 SidewalkStyle4
StopMarkings
Atintersections,stopmarkingstypicallyincludea
‘StopBar and the word ‘STOP’.STOP word should
becenteredwithinthetravellaneandprecede
thestopbar(asshowninFigure5).Fortraffic
gardens,STOPmarkingsshouldbeusedsparingly
tominimizestop/startsforriders.Whenused,
STOP markings should be used incoordination
withcrosswalksonintersectionapproaches,and
trafficgardenfunctionalitycanbeenhanced
throughuseofportablesmall-scalestopsigns.
DimensionrecommendationsforStopMarking
areincludedinTable1.
Figure5StopMarkings
TTT
Troe -@®

STO
YieldMarkings
Yieldmarkingsareusedincoordinationwith
roundaboutsandmid-blockpedestriancrossings;
theyaremeanttoindicatethepointwhere
ridersyieldtothosealreadyriding.Themarkings
themselvesconsistofarowofsolid-white
trianglesonanapproachlane(pointedendof
triangleisoppositethedirectionoftravel)along
withwhiteword‘YIELD’whichshouldprecede
thetriangleyieldmarkingsandbecentered
intheapproachlane.Figure6illustratesthe
appearanceofYieldmarkingswhileTable1lists
recommendeddimensions.

Figure6YieldMarkings
VVYYY
“YIELD
TrafficGardenSigns
Trafficgardeneducationandoperationscan
beimprovedusingsignswithinthesite.Signs
shouldbescaled-downversionsoftypical
MUTCDstandardsigns,withstandardshapeand
colorsasdefinedinMUTCD.Thefollowingsign
typesshouldbeincludedintrafficgardensand
manufacturedatareducedscale(recommended
sizesnotedintheTable1TrafficGardenElements
above).Anyadditionaltrafficsignsaddedshould
alsobe scaled-down versionsof MUTCD signs.
* Stop sign(R1-1)(1/approachlaneat‘stop’
controlledintersection)
© Yieldsign(R1-2)(1/approachlaneat
roundabout)
* Pedestriancrossingsign(W11-2)(3x2sign
sets,addaspairs)
* White/blackregulatory— one way (R6-2),
speedlimit(R2-1)
* Railroadcrossingsign(R15-1)(optional)
* Roundaboutsign(R6-5P)(1/perapproach
atroundabout,optional)
Signheads should be engineer-gradealuminum.
Signsshouldbe firmlyaffixedto a postthat
iscontainedina portablebase.The base is
weighted to ensurethatthe signassembly stays
inplaceduringuse and wind conditions.Sign
assembly can featurea wheeled base to assist
with set-up.Otherwise,hand trucksareto be
suppliedformoving assembled signsbetween
trafficgardenpositionsandstorageshed.
Figure7TrafficGardenSigns

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Note:Lettersandnumbersbelowsignare
MUTCD identifiersand are used forordering.
TrafficGardenStriping& Markings
Pavement markings should be highlyvisible
againstthetrafficgardensurface.Traffic-grade
acrylicpaintisrecommended(Thermoplasticor
StreetBondareothersuitablemarkingproducts),
whiletrafficpaintformulationsthatenhance
nighttime reflectivityare not necessary.
Forstreets,yellowstripingseparatestravel
directionswhilewhitestripingseparatestravel
lanes.Silicasandorothertexturedproductscan
beusedtoaddfrictiononmarkings’surfaceand
preventslipping,Table2outlinesappearanceand
recommendationsforpavementstripingwithin
trafficgardens.
Table2TrafficGardenStriping

Usetraffic-gradeacrylicpaintproducts,
formulatedforuseontheselectedsurface:
* Centerlines:singleordoubleyellow
lines(solidordashed),2”wide(3”
max.)~maintainconsistentspace
betweendoublecenterlinesalong
lengthofstreet
‘+Singledashedwhite2”widelines
betweenlanes
‘*Outsidestreetedges:solidwhitelines,
2"wide
Typicalarrows:straightahead,roundabout,left-turn* Locatecenteredwithinlanes
‘*Usewhitepaintandscaled-downtrafficstencilstoapplypaintedarrows
* Sizeproportionatelyforlanewidth
Bikesymbol:
* Locatecenteredwithinlanes
+ Usewhitepaintandscaled-downtrafficstencilstoapplysymbol
* Sizeproportionatelyforlanewidth
Bikebox:
* Designatedon-streetspaceatheadoftravellaneusedat‘stop’controlledintersectiononly
* Usegreenpaintandincludeon-streetbikesymbol(usingscaled-downtrafficstencil)
* BikeBoxWidth:shouldequalthatoftheapproachlanes
+ BikeBoxDepth:2-3°

Railroadcrossing:
+ Addpaintedrailroadcrossingatamid-block
location
‘+Markapproachlanesineachdirectionwith
largeXandtwoR's
+ Railtrackline:4”width;Railsleeperbars:8”
width
* Sleeperbars:extendatleast4”-6”beyond
trackonbothsides

OtherImaginativePlayspaces:
Additionalspacescanbe utilizedtoincludeotherreal-lifeand artisticpaintedelementslikebuilding
outlinesortrees.
SurfaceConsiderations&
Recommendations
Ingeneral,atrafficgardenshouldnothaveany
steepridingsurfaceslopes,andtrafficgarden
streetsshouldbefreeofdips.Thepavedsurface
shouldallowproperdrainageofstormwater
andshouldnothaveareasofpooling.Special
attentionisneededatsurfacetransitionswhere
adjacentmaterialsmay settleatdifferingrates
‘overtimecreatinganirregularedge.
Asphalt
Themostdesirablebasematerialfortraffic
gardensurfacesisasphalt,asitallowsfor
smoothandjoint-freebicycleriding.Asphalt
mostcloselyresemblestheactualphysical
surfaceofstreetsandtrails.Asphalt,asanon-
specialtymaterial,generallyhasalowoverall
cost.Light-dutypavementwillbesufficientfor
atrafficgardensiteaslongasithaslimited
orinfrequentvehicleuse.Thefollowing
considerationsshouldbemadetodetermine
appropriatebasecoursethickness:
Asphaltsurfacecourselayer
+ (3”minimumthickness)
* Performanceofthismaterialassumes
goodinitialsoilconditionsand
compaction.
* Thickerasphaltlayerneededifpoorsub-
gradepresent
Aggregatebasecourselayer
+ (4°-6"thickness)‘+Depththicknessassumesgoodsub-base
underneathandpropercompaction.
+ Thickerbasecourselayerneededifpoor
sub-gradepresent.
Poured-in-PlaceRubber
Anothersurfacethatcanbeusedfor
trafficgardensispoured-in-placerubber.
Thisinvolvesatwo-layerrubber-urethane
playgroundsurfacingsystemthatisdesigned,
manufactured,andinstalledtomeetcertain
performancestandardsandcriteria.This
materialprovidescushioningandshock
absorbance.However,thissurfacetypehas
higheroverallcosts(blackmixbeingtheleast
expensive)andrequiresadditionalmaintenance
throughoutitsestimated10-yearlifespan(which
istypicallywarranteduntilthistime).Surfaces
needtobekeptclearordebristomaintain
materialintegrity.Weatherconditionsduring
installationisespeciallyimportanttoensurethe
product'slifespan.
Thetopwearlayer/surfacebinderconsists
ofgranulesmixedwithabindertocreatea
durableevenseamlesssurface.Multipletypes
ofproductmaterialsareavailableinawide
rangeofvibrantcolors.Thesecondlayerof
thepoured-in-placerubbersurfacingisthe
rubberattenuationlayer.Thislayeriscreated
fromuniformrecycledmaterialthatismixed
withbinderthatholdsitinplace.Therubber
attenuationlayerrequirespropercompactionof
sub-basebelow.Thebaselayerforthisrubber
surfacingshouldbeanasphalt,concreteor
compactedaggregatestone.
TrafficGardenColorGuidelines
Colors,theirrecommendedshade,andusagearelistedbelowinTable3.
Table3ColorGuidelines

White TrafficWhite Usefor:lanestriping,betweenlanesgoingsamedirection,
FederalStandard595| roadwayarrows,crosswalkmarkings,railroadmarkings,
ColorFS17875 STOP(word),YIELD(word),stopbar,yieldmarkings.
Yellow TrafficYellow Usefor:centerline,island,ormedian.Maybeusedforcurb
FederalStandard595| rampcolorblockmarking.
Color FS 33538
Green BikeLaneGreen Usefor:bikebox,grassbufferbetweenstreetandsidewalk.
Pantone349c Canalsobeusedincentralareaofroundabout.
Red ‘AdobeRedorBus_| Maybeusedforcurbrampcolorblockmarking.
Lane Red
Gray Mixblackandwhite_|Usefor:sidewalkrepresentationandtocoveroverexisting

toenhancecontrast| markingsonasphalt
Blue HandicapBlue Usefor:Handicapparkingsymbols,bodiesofwaterand
FederalStandard 595| streams.
Color FS 15180
DCPSTrafficGardenLayouts
‘Schooloutdoorareasrangewidelyintheirgeometryandavailableopenspace.However,trafficgarden
layoutsareflexible,anditispossibletodesignthemtoconformtoawiderangeofspaces.Thissection
providesrecommendationsbysitetypetoassistincomingup witha layoutthatmakesthemostof the
availablespacewhilestillprovidingfortheschoolprogramneeds.
Table4 TrafficGardenLayoutStylesbySiteType

AvailableSite LayoutStyle+Elements
Limitedspaceorno
asphalt
Focusonalternativeideasforaddingbikingpracticeandroadwaysafetyelements.
Considerotheropenspaceoptionsonschoolproperty.
Irregularorsmall
areas(lessthan30°
width)
Focusoncreatingdiscretelearningspots:
* Addindividualintersectionswithstopandyielddetails.
* Includeskills-basedlessonareasalongsidestreets.
* Expandintoplaygroundspacestoaddstreetsorfeatures.
* Deploypathwaysandotherstudentassemblyareas.
Longnarrowspace
(lessthan40’wide
andsignificantly
longerinone
dimension)

Focuson lengthierstreetsegments:
* Increasemid-blockcrossingsatmultiplepointsalongstreettoadd
interactions.
* Addroundaboutsatendstocreatecontinuousridingcircuit.
* Createmid-wayroundabouts(wherethereareonlytwoapproaches).
Circuitaround turf
orplaygroundarea
(anysize)
Focusoncreatingloopwithadditionalinteractions:
* Addintersectionsatlocationswheresurfacespacewidens.
* Addmid-blockcrossingstocrossovertocentralarea.
* Designforpedestriancrosstrafficfromturforplaygroundandprovide
roadwayyieldorstopcontrolsatmultiplelogicallocations.
Mediumsquare-
shapedor
rectangulararea
(40’-80’widthin
eitherdirection)
Focuson opportunitytocreateadensersetofstreetsandintersections:
* Testarangeoflayoutswithagridofstreets.
‘Addparallelstreetsandshortenstreetsegments.
Shiftroundaboutstoendsorcornersofsitetoconservespace.* Optimizeoverlapwithplaygroundareas,pathways,andrunningtracks.
Largeopen
square-shapedor
rectangulararea
(over80’wideor
longerineither
direction)
Focuson opportunitytocreateagridofstreetsandintersectionsaswellas
extendedroadsegment© Testmanylayoutoptionsforfitwithinsite.
* Expandlayoutsbylengtheningstreets.
* Onlongersidesofthesite,addparallelstreetswithcrossconnections.
* Groupintersectiontypestocreateaninstructionalarea.
* Centralizeandincreasediameterofroundabouts.
* Createlongerpracticerideroutes/loopsformoreskilledstudents.
* Addcreativefeaturesonlongerstreetsegments.

10
DCPSProgramsUsingTrafficGardens
TrafficGardensshouldbeincorporatedonschoolgroundstosupporttwodistinctagegroupsandskill
levelswhileallowingspaceforactiveoutdoorphysicalactivity.Thesethreeprogramgoalsshouldbe
consideredwhendesigningfeatureswithinthetrafficgarden.
Skillsandroadsafetyelements:
* Stopandyieldintersections
Pedestriancrossings
Trafficsignsandmarkings
Groupinstructionalareas
Bikeskillschallengeareas
Skillsandroadsafetyelements:
* Real streetfeatures
+ Roundabouts,figuresofeightanddestinations
+ Studentsindependentlyretrieveandreturn
bike
‘Additionalplayelements:
* Railroadcrossings
Parkingspaces
* Communitybuildingoutlines
‘+Mapsandgraphicalfeatures
* Sensoryor STEM elements

Recommended Devices/Equipment
16”two-wheelbikes
20”two-wheelbikes
Recumbent trikes
Stagingareaforsession
Storagefordevicesandlooseparts
Recommended Devices/Equipment
* Balancebikes
* Stagingareaforsession
* Placetokeepbikesorderlyandaccessible
* Easyaccesstoequipment
Recommended Devices/Equipment
* 16"two-wheelbikes
20”two-wheelbikes
Largertwo-wheelbikes
Balancebikes
Recumbenttrikes
Scooters
1
DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
K. CUSTODIAL EQUIPMENT

DCPS SITE AND PLANTING DESIGN

H-1

H: SITE AND PLANTING DESIGN

General Notes
Ensure DCPS Security reviews doorphone fob plan as it relates to site programming. Consider
playgrounds, sports fields, gardens, staff parking, dumpster routes, morning student gathering,
aftercare, parent drop-offs.
Line of sight must be maintained from building windows throughout the schooly blind
behind vegetation and structures or around corners.
Aim for full ADA accessibility throughout the site (more than the minimum requirements).

1. Site Access
1A. Fencing
Solid steel picket fence shall be used for site perimeters
Fencing should be installed for sports fields and sport courts (for safety) if not located on the
perimeter
Height depends on zoning, programming, and security requirements
o Review extents, access, and heights with DCPS during design
Consider tall nets atop fencing for sports fields
Review fence extents and heights with school leadership

2. Site Elements
2A. Seating Areas
Design team shall explore multiple seating options based on site configuration and grade
change
Consider weather (shade v sun) and visibility (line of sight)
Take advantage of retaining walls for seating opportunities

2B. Shade
Shade is an important feature for schoolyards for students, caregivers, and classtime- avoid
fabric sails that need to be removed in winter

3. Landscape
3A. Create a defined edge between changes in ground condition (ie from planting bed to grass).
Flush concrete curb is preferred but metal edging is acceptable. Do not create a tripping hazard
with edging.

3B. Avoid oddly shaped, small, fenced, or isolated patches of lawn as it is difficult to mow such
spaces.

3C. Avoid lawn in areas that get concentrated volumes of foot traffic (such as between building
doors and the playground) as the grass will die and become muddy in rain.

3D. When choosing between lawn and artificial turf, consider the amount of use a field will receive
by the school and the neighborhood.

DCPS SITE AND PLANTING DESIGN

H-2

3E. Plantings
When selecting plants, consider the right plant for the right space; consider shade, views,
adjacent walkways and windows, etc.

heavy pruning, fertilizing, or fussing).
Include plants with a high biodiversity (attracts birds and other wildlife with food and
shelter).
Consider edible permaculture where appropriate with garden programming, but ensure that
any fallen fruit will not fall on walkways or other adjacent hardscape
Avoid plants with thorns (or rosebushes at all); nothing toxic (yews, etc)
Avoid tall shrubs that present a hiding spot or otherwise compromise site security
Maximize tree plantings; cluster different height trees (shade and understory) together in
beds rather than spacing them equidistant within lawns. (Tree trunks are prone to damage
from mowers and trimmers)
Consider depth of mulch and replenishment mulch when designing finish grades. (Mulch
ends up washing over walkways and playgrounds when too much is mounded up over time)
Plant in drifts (but not monocultures) to make it easy for volunteers/users to recognize what
belongs and what does not.

4. Installation and Turnover
4A. Specify plugs for perennials and decorative grasses, which allows for denser spacing at a lower
cost.

4B.

4C. Remove tree stakes after one year; include in contract.

4D. Install weed fabric below mulch and/or bound mulch around newly planted specimens to
discourage weed growth during establishment (at least two years)

4E. Establishment watering must be included in the contract; at least through one growing season

4F. DO NOT create mulch volcanoes around tree trunks. Installed trees should sit at a finish grade
that matches its condition before planting. Mulch is intended to keep roots moist, not trunks.
Moisture trapped by mulch will damage a trunk and could lead to an unhealthy or dead tree.

4G. Prepare a binder for turnover to teachers and students (one physical plus digital copies) that
includes a site plan with simplified location key (planting bed 1, 2, etc), plant names (latin and
common), brief descriptions of each plant, general locations that tie to the key, photos of each
plant at mature size, closeup photos of key identifying features (redbuds retain seed pods
throughout winter, etc), and general maintenance required (cut perennials and grasses to the
ground in spring before new stems grow, etc).

DCPS SITE AND PLANTING DESIGN

H-3
4H. Consider including plant signage markers for identification

5. Playgrounds

General Notes
Include a range of physical motions for student development; climbing, balancing, swinging, spinning,
sliding, running, etc.
Include opportunities for imaginative and unstructured play.
Ensure adequate equipment for the school population and programming. For example, one slide is not
sufficient to serve three classrooms of students at one time.
Rigid freestanding shade structures are preferred (in addition to built-in shade on equipment) unless
adequate shade is thrown by the building or existing adjacent trees. A solar study will be used to
determine shade requirements for each project.
Inclusive design is critical for all DCPS playgrounds. This includes ADA circulation to/around all features
and multi-user components that allow students to engage socially with differently-abled peers.
Socialization is the most critical feature of inclusive play. Also consider sensory needs and include quiet
passive areas on playgrounds.

5A. Design Process
Part 1: Through a visioning exercise, the school community / SIT will receive opportunities to
weigh in on desired features, activities, and colors; and review concepts before an
equipment order is placed
o Student engagement is also encouraged to determined desired activities and
components
Part 2: The landscape architect will work closely with a playground vendor (designated by
DCPS) to create a basis of design
o Vendors offer conceptual design services free of charge as part of their
business model; There is no guarantee that their design will be selected for
the project
o DCPS will review budget with design team and vendor prior to basis of
design created
Part 3: The school community / SIT will review concepts from 2-3 vendors and provide
feedback on each of the designs

5B. Proposal Submission
The basis of design will be used to collect bids from three equipment vendors-including the
vendor who created the basis of design
o Two Playgrounds: ECE Playground and Upper Level (5-12yr.old Playground)
Proposal submissions must include a price for each of the following components or indicate
that a component is not part of their submission price
Provide as separate line items the purchase, freight, and installation cost for the following:
o Play equipment; Shade structure(s) not integrated into play equipment; Site
furnishings to include benches, trash and recycling receptacles; Safety
surface; Drainage layers beneath safety surface, including stone and pipes;

DCPS SITE AND PLANTING DESIGN

H-4
Field
surface if part of the project; Drainage layers beneath field surface,
including stone and pipes
Submissions must also include both playground plans (showing fall zones) and 3D renderings
(two version, color and B&W) of the proposed layout
o It is desired that the renderings include human shapes for scale as well
as a summary of the total number of students who can play on the
equipment at a time

5C. Playground Design/Features
Avoid fine details, complicated patterns, or too many colors in safety surface as the surface
is unlikely to be patched to the same level of complexity or detail, if repatching/replacement
is needed.
Avoid placing safety surface seams beneath areas of high wear, such as slide landings, below
swings, or around spinning equipment.
For EPDM surfacing, use light colors to keep the surface cool. Do not include black in top
coat as a way to reduce costs.
The playground must appeal to a 3 year old and a 12 year old. Scale the equipment
appropriately to account for all ages and levels of risk.
o Provie fence between ECE and 5-12 playground to help protect ECE
during aftercare or recess (although most ECE students want to play on
the 5-12 equipment)
Swings are desired if space allows
o Consider multi-user swings like bowls to maximize the number of
children who can play on a swing at any one time

DCPS DEPARTMENT ONE-PAGERS

APPENDIX C
L. TEACHING KITCHEN

DCPS HEALTH AND PHYSICAL EDUCATION

D-1

L: TEACHING KITCHEN

Refer to Educational Specifications for additional information

1. Requirements for Kitchen Area
Standard combination refrigerator and freezer
Low, shallow sinks near the entryway to the room for handwashing
Two (2) kitchen sinks for dishwashing
Disposal
Standard dishwasher
Standard oven wall installation
Standard glass top home range/oven
Teaching mirror installed directly over the stove
Stove installed with island with at least 3 feet of counter space to the left and right of the stove
and surrounded on the back of the island with a lower counter surface for students to work at.
Cabinets installed on all sides of the island
Electrical outlets above the countertop on the island. Ideally, these are installed in the vertical
rise between the lower countertop for students to work at and the higher countertop for adults
and the range.
As many cabinets for storage as possible, including a broom/mop closet and pantry -type cabinet
to store school supplies.
2. Requirements for Work Area
Tables and sturdy stools for students that are light enough to easily moved into different
formations.
Plenty of space for students to be moving around between tables.
Plenty of closed storage along the walls.

3. Requirements for Meeting Area
Built in bookshelves line the walls that display books in a way that shows their front rather than
their spines
Plenty of room for an entire class to site on a carpet or pull up chairs around it. Room also for easel
and chair for teacher.
4. Requirements for Indoor Garden Area
Room for a rolling grow lab or space to install shelves with grow lights.
Closed storage for garden supplies

Page 104 of 121
Exhibit B
Project Schedule
[EXHIBIT WILL APPEAR ON THE FOLLOWING PAGE]
Activity ID Activity Name Start Finish Original
Duration
JO Wilson Modernization Baseline Schedule Revision 02JO Wilson Modernization Baseline Schedule Revision 02 21-Jul-23 A 24-Jun-27 974
EXECUTIVE SUMMARYEXECUTIVE SUMMARY 21-Jul-23 A 15-Mar-27 901
PRECONSTUCTION MILESTONESPRECONSTUCTION MILESTONES 21-Jul-23 A 09-Jan-25 334
MIL1120 NOA 21-Jul-23 A 0
MIL1000 NTP 11-Oct-23 A 0
MIL1130 Executed Letter Contract and PO 03-Nov-23 A 0
MIL1010 Baseline Schedule Submission 13-Nov-23 0
MIL1020 Construction Management Plan Submission 13-Nov-23 0
MIL1040 QAQC Plan Submission 13-Nov-23 0
MIL1030 Building Assessment Study 16-Nov-23 0
MIL1050 Concept Design Deliverable 08-Jan-24 0
MIL1140 ESA #01 Proposal Submission 13-Feb-24 0
MIL1150 ESA #01 Approval 27-Mar-24 0
MIL1060 Schematic Design Deliverable 18-Apr-24 0
MIL1070 Long Lead Memorandum 18-Apr-24 0
MIL1080 ESA #02 Proposal Submission 25-Apr-24 0
MIL1090 ESA # 02 Approval and NTP 24-Jun-24 0
MIL1100 GMP Submission 09-Oct-24 0
MIL1110 GMP Approval and NTP 09-Jan-25 0
CONSTRUCTION MILESTONESCONSTRUCTION MILESTONES 10-Oct-24 15-Mar-27 633
MIL2000 Early Mobilization 10-Oct-24 0
MIL2100 Turn Over of School 15-Jan-25* 0
MIL2170 Geothermal Wells Complete 25-Feb-25 0
MIL2010 Building Pad Ready 28-Apr-25 0
MIL2020 Below Grade Structure Complete 17-Jul-25 0
MIL2160 Temporary Watertight 24-Jul-25 0
MIL2030 Above Grade Structure Complete 10-Oct-25 0
MIL2080 O&M Deliverables Complete 24-Dec-25 0
MIL2040 Weather-tight Completion 27-Jan-26 0
MIL2060 Permanent Power Completion 25-Feb-26 0
MIL2050 Envelope Complete 04-Mar-26 0
MIL2070 MEP Systems Operational 23-Apr-26 0
MIL2090 Sitework Complete 29-May-26 0
MIL2005 Certificate of Occupancy Obtained 15-Jul-26 0
MIL2130 Substantial Completion 15-Jul-26* 0
MIL2110 Staff Move In 03-Aug-26* 0
MIL2120 Student Move In 17-Aug-26* 0
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
NOA
NTP
Executed Letter Contract and PO
Baseline Schedule Submission
Construction Management Plan Submission
QAQC Plan Submission
Building Assessment Study
Concept Design Deliverable
ESA #01 Proposal Submission
ESA #01 Approval
Schematic Design Deliverable
Long Lead Memorandum
ESA #02 Proposal Submission
ESA # 02 Approval and NTP
GMP Submission
GMP Approval and NTP
Early Mobilization
Turn Over of School
Geothermal Wells Complete
Building Pad Ready
Below Grade Structure Complete
Temporary Watertight
Above Grade Structure Complete
O&M Deliverables Complete
Weather-tight Completion
Permanent Power Completion
Envelope Complete
MEP Systems Operational
Sitework Complete
Certificate of Occupancy Obtained
Substantial Completion
Staff Move In
Student Move In
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 1 of 13
Activity ID Activity Name Start Finish Original
Duration
MIL2140 Final Completion 15-Jan-27* 0
MIL2150 Administrative Term Limit 15-Mar-27* 0
PRECONSTRUCTIONPRECONSTRUCTION 11-Oct-23 A 09-Jan-25 309
DESIGNDESIGN 11-Oct-23 A 05-Nov-24 262
CONCEPTCONCEPT 11-Oct-23 A 30-Jan-24 62
DES1000 Develop Concept Design Draft 11-Oct-23 A 06-Dec-23 25
DES1050 Baseline Schedule Development 11-Oct-23 A 13-Nov-23 10
DES1240 Complete Building Assessment Study 06-Nov-23 A 15-Nov-23 20
DES1010 Complete Concept Design Deliverable 07-Dec-23 08-Jan-24 21
DES1170 SIT TEAM/COMMUNITY MEETING #1 - INTRO 14-Dec-23 20-Dec-23 5
DES1140 Concept Design Department Review Period 09-Jan-24 30-Jan-24 15
DES1180 SIT TEAM/ COMM MTG #2 09-Jan-24 16-Jan-24 5
SCHEMATICSCHEMATIC 24-Jan-24 09-May-24 75
DES1030 Develop Schematic Design Draft 24-Jan-24 06-Mar-24 30
DES1220 Geotech Investigations 24-Jan-24 06-Mar-24 30
DES1020 Develop ESA #1 Pricing Documents 22-Feb-24 06-Mar-24 10
DES1040 Complete Schematic Design Deliverable 07-Mar-24 18-Apr-24 30
DES1190 SIT TEAM/ COMM MTG #3 07-Mar-24 13-Mar-24 5
DES1150 DGS/DCPS Review 19-Apr-24 09-May-24 15
DESIGN DEVELOPMENTDESIGN DEVELOPMENT 03-May-24 06-Aug-24 65
DES1080 Develop DD Draft 03-May-24 07-Jun-24 25
DES1090 Complete DD Deliverable 10-Jun-24 16-Jul-24 25
DES1060 Develop BCIV Permit Set 10-Jun-24 14-Jun-24 5
DES1070 Develop Demolition Set 10-Jun-24 14-Jun-24 5
DES1200 SIT TEAM/ COMM MTG #4 10-Jun-24 14-Jun-24 5
DES1160 DGS/DCPS Review 17-Jul-24 06-Aug-24 15
DES1230 Develop GMP Bid Set of Documents 31-Jul-24 06-Aug-24 5
CONSTRUCTION DOCUMENTATIONCONSTRUCTION DOCUMENTATION 17-Jul-24 05-Nov-24 78
DES1100 Develop 50% CD Set - IFC Site and Structure 17-Jul-24 10-Sep-24 39
DES1110 Develop Foundation to Grade Permit Set 17-Jul-24 30-Jul-24 10
DES1130 Develop Building Permit Set 27-Aug-24 10-Sep-24 10
DES1120 Develop 100% IFC Set Balance 11-Sep-24 05-Nov-24 39
DES1210 SIT TEAM/ COMM MTG #5 11-Sep-24 17-Sep-24 5
ESTIMATINGESTIMATING 07-Dec-23 09-Oct-24 211
CONCEPT ESTIMATECONCEPT ESTIMATE 07-Dec-23 05-Jan-24 20
EST1000 Complete Concept Phase Estimate 07-Dec-23 05-Jan-24 20
EST1020 Concept Phase Constructability Review 07-Dec-23 13-Dec-23 5
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Final Completion
Administrative Term Limit
Develop Concept Design Draft
Baseline Schedule Development
Complete Building Assessment Study
Complete Concept Design Deliverable
SIT TEAM/COMMUNITY MEETING #1 - INTRO
Concept Design Department Review Period
SIT TEAM/ COMM MTG #2
Develop Schematic Design Draft
Geotech Investigations
Develop ESA #1 Pricing Documents
Complete Schematic Design Deliverable
SIT TEAM/ COMM MTG #3
DGS/DCPS Review
Develop DD Draft
Complete DD Deliverable
Develop BCIV Permit Set
Develop Demolition Set
SIT TEAM/ COMM MTG #4
DGS/DCPS Review
Develop GMP Bid Set of Documents
Develop 50% CD Set - IFC Site and Structure
Develop Foundation to Grade Permit Set
Develop Building Permit Set
Develop 100% IFC Set Balance
SIT TEAM/ COMM MTG #5
Complete Concept Phase Estimate
Concept Phase Constructability Review
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 2 of 13
Activity ID Activity Name Start Finish Original
Duration
EST1030 Concept Phase VE 29-Dec-23 05-Jan-24 5
EST1060 Compile Concept Phase Deliverable 29-Dec-23 05-Jan-24 5
ESA #1ESA #1 09-Jan-24 13-Feb-24 25
EST1180 Develop ESA #1 Scopes, ITB, Bid Docs 09-Jan-24 16-Jan-24 5
EST1190 ESA 1 Subcontractor Bid Period 17-Jan-24 30-Jan-24 10
EST1210 ESA 1 Scope Review Meetings 31-Jan-24 06-Feb-24 5
EST1220 Prepare ESA #1 Proposal 07-Feb-24 13-Feb-24 5
ESA #2ESA #2 07-Mar-24 25-Apr-24 35
EST1010 Develop ESA #2 Scopes, ITB, Bid Docs 07-Mar-24 13-Mar-24 5
EST1040 ESA 2 Subcontractor Bid Period 14-Mar-24 03-Apr-24 15
EST1050 ESA 2 Subcontractor Outreach 14-Mar-24 20-Mar-24 5
EST1070 ESA 2 Scope Review Meetings 04-Apr-24 10-Apr-24 5
EST1080 Prepare ESA #2 Proposal 11-Apr-24 25-Apr-24 10
SD BUDGET UPDATESD BUDGET UPDATE 07-Mar-24 18-Apr-24 30
EST1090 Complete Budget Update 07-Mar-24 03-Apr-24 20
EST1100 Constructability Review 04-Apr-24 10-Apr-24 5
EST1110 VE 04-Apr-24 10-Apr-24 5
EST1120 Compile Deliverable 11-Apr-24 18-Apr-24 5
GMP DEVELOPMENTGMP DEVELOPMENT 10-Jun-24 09-Oct-24 85
EST1130 Develop Scopes of Work, ITB, Bid Docs 10-Jun-24 09-Jul-24 20
EST1150 Subcontractor Outreach 10-Jul-24 16-Jul-24 5
EST1140 Subcontractor Bid Period 31-Jul-24 27-Aug-24 20
EST1160 Scope Review 28-Aug-24 25-Sep-24 20
EST1170 Prepare GMP Proposal 26-Sep-24 09-Oct-24 10
PERMITTINGPERMITTING 07-Mar-24 08-Jan-25 209
CFA/HPOCFA/HPO 07-Mar-24 27-Aug-24 120
PERMI1010 CFA/HRPB Meeting #1 07-Mar-24 13-Mar-24 5
PERMI1070 Phase IA 07-Mar-24 03-Apr-24 20
PERMI1060 CFA Initial Concept Submission 07-Mar-24 03-Apr-24 20
PERMI1100 CFA Final Design Submission 31-Jul-24 27-Aug-24 20
EISFEISF 04-Apr-24 02-Oct-24 125
PERMI1080 File EISF 04-Apr-24 10-Apr-24 5
PERMI1130 EISF Approvals 11-Apr-24 02-Oct-24 120
DDOTDDOT 07-Mar-24 13-Mar-24 5
PERMI1020 DDOT PDRM 07-Mar-24 13-Mar-24 5
DC WATERDC WATER 07-Mar-24 13-Mar-24 5
PERMI1030 DC Water PDRM 07-Mar-24 13-Mar-24 5
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Concept Phase VE
Compile Concept Phase Deliverable
Develop ESA #1 Scopes, ITB, Bid Docs
ESA 1 Subcontractor Bid Period
ESA 1 Scope Review Meetings
Prepare ESA #1 Proposal
Develop ESA #2 Scopes, ITB, Bid Docs
ESA 2 Subcontractor Bid Period
ESA 2 Subcontractor Outreach
ESA 2 Scope Review Meetings
Prepare ESA #2 Proposal
Complete Budget Update
Constructability Review
VE
Compile Deliverable
Develop Scopes of Work, ITB, Bid Docs
Subcontractor Outreach
Subcontractor Bid Period
Scope Review
Prepare GMP Proposal
CFA/HRPB Meeting #1
Phase IA
CFA Initial Concept Submission
CFA Final Design Submission
File EISF
EISF Approvals
DDOT PDRM
DC Water PDRM
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 3 of 13
Activity ID Activity Name Start Finish Original
Duration
DOEEDOEE 07-Mar-24 13-Mar-24 5
PERMI1040 DOEE PDRM 07-Mar-24 13-Mar-24 5
DEMOLITIONDEMOLITION 17-Jun-24 13-Aug-24 40
PERMI1090 Submit and Obtain Demolition Permit 17-Jun-24 13-Aug-24 40
BCIVBCIV 17-Jun-24 11-Sep-24 60
PERMI1110 Submit and Obtain BCIV Permit 17-Jun-24 11-Sep-24 60
FOUNDATION TO GRADEFOUNDATION TO GRADE 31-Jul-24 24-Oct-24 60
PERMI1120 Submit and Obtain Foundation to Grade Permit 31-Jul-24 24-Oct-24 60
BUILDINGBUILDING 11-Sep-24 08-Jan-25 80
PERMI1140 Submit and Obtain Building Permit 11-Sep-24 08-Jan-25 80
FUNDING AUTHORIZATIONFUNDING AUTHORIZATION 14-Feb-24 09-Jan-25 225
ESA # 01ESA # 01 14-Feb-24 27-Mar-24 30
FUND1020 DGS Prep and Approval of ESA #1 14-Feb-24 27-Mar-24 30
ESA # 02ESA # 02 26-Apr-24 24-Jun-24 40
FUND1000 DGS Prep and Approval of ESA #1 26-Apr-24 24-Jun-24 40
GMPGMP 10-Oct-24 09-Jan-25 60
FUND1010 DGS Prep and Approval of GMP 10-Oct-24 09-Jan-25 60
CONSTRUCTIONCONSTRUCTION 25-Jun-24 24-Jun-27 783
PURCHASINGPURCHASING 25-Jun-24 04-Feb-25 161
SUBCONTRACTORSSUBCONTRACTORS 25-Jun-24 04-Feb-25 161
SITE UTILITIESSITE UTILITIES 25-Jun-24 28-Jun-24 4
PURCH1010 Issue Notice of Award - Site Utilities/Geothermal 25-Jun-24 26-Jun-24 2
PURCH1210 Execute Subcontract- Site Utilities/Geothermal 25-Jun-24 27-Jun-24 3
PURCH1110 Kick Off Meeting- Site Utilities/Geothermal 27-Jun-24 28-Jun-24 2
EARTHWORKEARTHWORK 27-Jun-24 08-Jul-24 7
PURCH1000 Issue Notice of Award - Earthwork 27-Jun-24 28-Jun-24 2
PURCH1200 Execute Subcontract - Earthwork 01-Jul-24 03-Jul-24 3
PURCH1310 Kick Off Meeting - Earthwork 05-Jul-24 08-Jul-24 2
MECH/PlUMBINGMECH/PlUMBING 10-Oct-24 21-Oct-24 7
PURCH1070 Issue Notice of Award - Mech/Plumb 10-Oct-24 11-Oct-24 2
PURCH1160 Kick Off Meeting - Mech/Plumb 15-Oct-24 16-Oct-24 2
PURCH1270 Execute Subcontract - Mech/Plumb 17-Oct-24 21-Oct-24 3
ELECTRICELECTRIC 10-Oct-24 21-Oct-24 7
PURCH1080 Issue Notice of Award - Electric 10-Oct-24 11-Oct-24 2
PURCH1170 Kick Off Meeting - Electric 15-Oct-24 16-Oct-24 2
PURCH1280 Execute Subcontract - Electric 17-Oct-24 21-Oct-24 3
SWITCHGEARSWITCHGEAR 11-Oct-24 22-Oct-24 7
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
DOEE PDRM
Submit and Obtain Demolition Permit
Submit and Obtain BCIV Permit
Submit and Obtain Foundation to Grade Permit
Submit and Obtain Building Permit
DGS Prep and Approval of ESA #1
DGS Prep and Approval of ESA #1
DGS Prep and Approval of GMP
Issue Notice of Award - Site Utilities/Geothermal
Execute Subcontract- Site Utilities/Geothermal
Kick Off Meeting- Site Utilities/Geothermal
Issue Notice of Award - Earthwork
Execute Subcontract - Earthwork
Kick Off Meeting - Earthwork
Issue Notice of Award - Mech/Plumb
Kick Off Meeting - Mech/Plumb
Execute Subcontract - Mech/Plumb
Issue Notice of Award - Electric
Kick Off Meeting - Electric
Execute Subcontract - Electric
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 4 of 13
Activity ID Activity Name Start Finish Original
Duration
PURCH1660 Issue Notice of Award - Switchgear 11-Oct-24 15-Oct-24 2
PURCH1780 Execute Subcontract - Switchgear 15-Oct-24 18-Oct-24 3
PURCH1790 Kick Off Meeting - Switchgear 18-Oct-24 22-Oct-24 2
GENERATORGENERATOR 11-Oct-24 22-Oct-24 7
PURCH1680 Issue Notice of Award - Generator 11-Oct-24 15-Oct-24 2
PURCH1820 Execute Subcontract - Generator 15-Oct-24 18-Oct-24 3
PURCH1830 Kick Off Meeting - Generator 18-Oct-24 22-Oct-24 2
TRANSFORMERTRANSFORMER 11-Oct-24 22-Oct-24 7
PURCH1670 Issue Notice of Award - Transformer 11-Oct-24 15-Oct-24 2
PURCH1800 Execute Subcontract - Transformer 15-Oct-24 18-Oct-24 3
PURCH1810 Kick Off Meeting - Transformer 18-Oct-24 22-Oct-24 2
STRUCTURAL STEELSTRUCTURAL STEEL 10-Oct-24 21-Oct-24 7
PURCH1030 Issue Notice of Award - Structural Steel 10-Oct-24 11-Oct-24 2
PURCH1120 Kick Off Meeting - Structural Steel 15-Oct-24 16-Oct-24 2
PURCH1230 Execute Subcontract - Structural Steel 17-Oct-24 21-Oct-24 3
CIP CONCRETECIP CONCRETE 10-Jan-25 21-Jan-25 7
PURCH1020 Issue Notice of Award - Concrete 10-Jan-25 13-Jan-25 2
PURCH1220 Execute Subcontract - Concrete 14-Jan-25 16-Jan-25 3
PURCH1320 Kick Off Meeting - Concrete 17-Jan-25 21-Jan-25 2
GLASS AND GLAZINGGLASS AND GLAZING 10-Jan-25 21-Jan-25 7
PURCH1040 Issue Notice of Award - Windows, Storefront, and Curtainwall10-Jan-25 13-Jan-25 2
PURCH1130 Kick Off Meeting - Windows, Storefront, and Curtainwall 14-Jan-25 15-Jan-25 2
PURCH1240 Execute Subcontract - Windows, Storefront, and Curtainwall 16-Jan-25 21-Jan-25 3
ROOFINGROOFING 10-Jan-25 21-Jan-25 7
PURCH1060 Issue Notice of Award - Roofing 10-Jan-25 13-Jan-25 2
PURCH1150 Kick Off Meeting - Roofing 14-Jan-25 15-Jan-25 2
PURCH1260 Execute Subcontract - Roofing 16-Jan-25 21-Jan-25 3
ELEVATORELEVATOR 10-Jan-25 21-Jan-25 7
PURCH1100 Issue Notice of Award - Elevator 10-Jan-25 13-Jan-25 2
PURCH1190 Kick Off Meeting - Elevator 14-Jan-25 15-Jan-25 2
PURCH1300 Execute Subcontract - Elevator 16-Jan-25 21-Jan-25 3
FIRE PROTECTIONFIRE PROTECTION 10-Jan-25 21-Jan-25 7
PURCH1090 Issue Notice of Award - Fire Protection 10-Jan-25 13-Jan-25 2
PURCH1290 Execute Subcontract - Fire Protection 14-Jan-25 16-Jan-25 3
PURCH1180 Kick Off Meeting - Fire Protection 17-Jan-25 21-Jan-25 2
MASONRYMASONRY 10-Jan-25 21-Jan-25 7
PURCH1330 Issue Notice of Award - Masonry 10-Jan-25 13-Jan-25 2
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Issue Notice of Award - Switchgear
Execute Subcontract - Switchgear
Kick Off Meeting - Switchgear
Issue Notice of Award - Generator
Execute Subcontract - Generator
Kick Off Meeting - Generator
Issue Notice of Award - Transformer
Execute Subcontract - Transformer
Kick Off Meeting - Transformer
Issue Notice of Award - Structural Steel
Kick Off Meeting - Structural Steel
Execute Subcontract - Structural Steel
Issue Notice of Award - Concrete
Execute Subcontract - Concrete
Kick Off Meeting - Concrete
Issue Notice of Award - Windows, Storefront, and Curtainwall
Kick Off Meeting - Windows, Storefront, and Curtainwall
Execute Subcontract - Windows, Storefront, and Curtainwall
Issue Notice of Award - Roofing
Kick Off Meeting - Roofing
Execute Subcontract - Roofing
Issue Notice of Award - Elevator
Kick Off Meeting - Elevator
Execute Subcontract - Elevator
Issue Notice of Award - Fire Protection
Execute Subcontract - Fire Protection
Kick Off Meeting - Fire Protection
Issue Notice of Award - Masonry
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 5 of 13
Activity ID Activity Name Start Finish Original
Duration
PURCH1340 Execute Subcontract - Masonry 14-Jan-25 16-Jan-25 3
PURCH1380 Kick Off Meeting - Masonry 17-Jan-25 21-Jan-25 2
DRYWALLDRYWALL 10-Jan-25 21-Jan-25 7
PURCH1370 Issue Notice of Award - Drywall 10-Jan-25 13-Jan-25 2
PURCH1390 Execute Subcontract - Drywall 14-Jan-25 16-Jan-25 3
PURCH1335 Kick Off Meeting - Drywall 17-Jan-25 21-Jan-25 2
PLAYGROUND EQUIPMENTPLAYGROUND EQUIPMENT 09-Jan-25 20-Jan-25 7
PURCH1305 Issue Notice of Award - Playground Equipment 09-Jan-25 13-Jan-25 2
PURCH1315 Execute Subcontract - Playground Equipment 13-Jan-25 16-Jan-25 3
PURCH1325 Kick Off Meeting - Playground Equipment 16-Jan-25 20-Jan-25 2
ROUGH CARPENTRYROUGH CARPENTRY 14-Jan-25 23-Jan-25 7
PURCH1400 Issue Notice of Award - Rough Carpentry 14-Jan-25 15-Jan-25 2
PURCH1420 Execute Subcontract - Rough Carpentry 16-Jan-25 21-Jan-25 3
PURCH1470 Kick Off Meeting - Rough Carpentry 22-Jan-25 23-Jan-25 2
SECURITY CAMERASSECURITY CAMERAS 07-Jan-25 16-Jan-25 7
PURCH1690 Issue Notice of Award - Security Cameras 07-Jan-25 09-Jan-25 2
PURCH1840 Execute Subcontract - Security Cameras 09-Jan-25 14-Jan-25 3
PURCH1850 Kick Off Meeting - Security Cameras 14-Jan-25 16-Jan-25 2
DOORS & HARDWAREDOORS & HARDWARE 10-Jan-25 21-Jan-25 7
PURCH1430 Issue Notice of Award - DFH 10-Jan-25 13-Jan-25 2
PURCH1450 Execute Subcontract - DFH 14-Jan-25 16-Jan-25 3
PURCH1500 Kick Off Meeting - DFH 17-Jan-25 21-Jan-25 2
KITCHEN EQUIPMENTKITCHEN EQUIPMENT 10-Jan-25 21-Jan-25 7
PURCH1630 Issue Notice of Award - Kitchen Equipment 10-Jan-25 13-Jan-25 2
PURCH1640 Execute Subcontract - Kitchen Equipment 14-Jan-25 16-Jan-25 3
PURCH1650 Kick Off Meeting - Kitchen Equipment 17-Jan-25 21-Jan-25 2
CASEWORKCASEWORK 10-Jan-25 21-Jan-25 7
PURCH1350 Issue Notice of Award - Casework 10-Jan-25 13-Jan-25 2
PURCH1360 Execute Subcontract - Casework 14-Jan-25 16-Jan-25 3
PURCH1410 Kick Off Meeting - Casework 17-Jan-25 21-Jan-25 2
PAINTINGPAINTING 14-Jan-25 23-Jan-25 7
PURCH1460 Issue Notice of Award - Painting 14-Jan-25 15-Jan-25 2
PURCH1480 Execute Subcontract - Painting 16-Jan-25 21-Jan-25 3
PURCH1530 Kick Off Meeting - Painting 22-Jan-25 23-Jan-25 2
FLOORINGFLOORING 16-Jan-25 27-Jan-25 7
PURCH1490 Issue Notice of Award - Flooring 16-Jan-25 17-Jan-25 2
PURCH1510 Execute Subcontract - Flooring 21-Jan-25 23-Jan-25 3
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Execute Subcontract - Masonry
Kick Off Meeting - Masonry
Issue Notice of Award - Drywall
Execute Subcontract - Drywall
Kick Off Meeting - Drywall
Issue Notice of Award - Playground Equipment
Execute Subcontract - Playground Equipment
Kick Off Meeting - Playground Equipment
Issue Notice of Award - Rough Carpentry
Execute Subcontract - Rough Carpentry
Kick Off Meeting - Rough Carpentry
Issue Notice of Award - Security Cameras
Execute Subcontract - Security Cameras
Kick Off Meeting - Security Cameras
Issue Notice of Award - DFH
Execute Subcontract - DFH
Kick Off Meeting - DFH
Issue Notice of Award - Kitchen Equipment
Execute Subcontract - Kitchen Equipment
Kick Off Meeting - Kitchen Equipment
Issue Notice of Award - Casework
Execute Subcontract - Casework
Kick Off Meeting - Casework
Issue Notice of Award - Painting
Execute Subcontract - Painting
Kick Off Meeting - Painting
Issue Notice of Award - Flooring
Execute Subcontract - Flooring
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 6 of 13
Activity ID Activity Name Start Finish Original
Duration
PURCH1560 Kick Off Meeting - Flooring 24-Jan-25 27-Jan-25 2
LOW VOLTAGELOW VOLTAGE 21-Jan-25 29-Jan-25 7
PURCH1520 Issue Notice of Award - Low Voltage 21-Jan-25 22-Jan-25 2
PURCH1540 Execute Subcontract - Low Voltage 23-Jan-25 27-Jan-25 3
PURCH1590 Kick Off Meeting - Low Voltage 28-Jan-25 29-Jan-25 2
SPECIALTIESSPECIALTIES 23-Jan-25 31-Jan-25 7
PURCH1550 Issue Notice of Award - Specialties 23-Jan-25 24-Jan-25 2
PURCH1570 Execute Subcontract - Specialties 27-Jan-25 29-Jan-25 3
PURCH1610 Kick Off Meeting - Specialties 30-Jan-25 31-Jan-25 2
FF&EFF&E 27-Jan-25 04-Feb-25 7
PURCH1580 Issue Notice of Award - FF&E 27-Jan-25 28-Jan-25 2
PURCH1600 Execute Subcontract - FF&E 29-Jan-25 31-Jan-25 3
PURCH1620 Kick Off Meeting - FF&E 03-Feb-25 04-Feb-25 2
ENGINEERINGENGINEERING 01-Jul-24 28-Apr-25 216
GMP SUBCONTRACTORSGMP SUBCONTRACTORS 01-Jul-24 28-Apr-25 216
EARTHWORKEARTHWORK 09-Jul-24 16-Oct-24 70
ENGR1180 Prep and Submit Submittals - Earthwork 09-Jul-24 01-Oct-24 60
ENGR1200 AE Review and Approve Submittals - Earthwork 02-Oct-24 16-Oct-24 10
SITE UTILITIESSITE UTILITIES 01-Jul-24 26-Aug-24 40
ENGR1000 Prep and Submit Submittals - Site Utilities 01-Jul-24 12-Aug-24 30
ENGR1090 AE Review and Approve Submittals - Site Utilities 13-Aug-24 26-Aug-24 10
SWITCHGEARSWITCHGEAR 22-Oct-24 17-Dec-24 40
ENGR1335 Prep and Submit Submittals - Switchgear 22-Oct-24 03-Dec-24 30
ENGR1355 AE Review and Approve Submittals - Switchgear 03-Dec-24 17-Dec-24 10
TRANSFORMERTRANSFORMER 22-Oct-24 17-Dec-24 40
ENGR1005 Prep and Submit Submittals - Transformer 22-Oct-24 03-Dec-24 30
ENGR1025 AE Review and Approve Submittals - Transformer 03-Dec-24 17-Dec-24 10
GENERATORGENERATOR 22-Oct-24 17-Dec-24 40
ENGR1345 Prep and Submit Submittals - Generator 22-Oct-24 03-Dec-24 30
ENGR1365 AE Review and Approve Submittals - Generator 03-Dec-24 17-Dec-24 10
MECH/PlUMBINGMECH/PlUMBING 17-Oct-24 31-Dec-24 50
ENGR1040 Prep and Submit Submittals - Mech/Plumb 17-Oct-24 16-Dec-24 40
ENGR1130 AE Review and Approve Submittals - Mech/Plumb 17-Dec-24 31-Dec-24 10
CIP CONCRETECIP CONCRETE 22-Jan-25 05-Mar-25 30
ENGR1190 Prep and Submit Submittals - Concrete 22-Jan-25 19-Feb-25 20
ENGR1210 AE Review and Approve Submittals - Concrete 20-Feb-25 05-Mar-25 10
STRUCTURAL STEELSTRUCTURAL STEEL 17-Oct-24 30-Jan-25 70
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Kick Off Meeting - Flooring
Issue Notice of Award - Low Voltage
Execute Subcontract - Low Voltage
Kick Off Meeting - Low Voltage
Issue Notice of Award - Specialties
Execute Subcontract - Specialties
Kick Off Meeting - Specialties
Issue Notice of Award - FF&E
Execute Subcontract - FF&E
Kick Off Meeting - FF&E
Prep and Submit Submittals - Earthwork
AE Review and Approve Submittals - Earthwork
Prep and Submit Submittals - Site Utilities
AE Review and Approve Submittals - Site Utilities
Prep and Submit Submittals - Switchgear
AE Review and Approve Submittals - Switchgear
Prep and Submit Submittals - Transformer
AE Review and Approve Submittals - Transformer
Prep and Submit Submittals - Generator
AE Review and Approve Submittals - Generator
Prep and Submit Submittals - Mech/Plumb
AE Review and Approve Submittals - Mech/Plumb
Prep and Submit Submittals - Concrete
AE Review and Approve Submittals - Concrete
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 7 of 13
Activity ID Activity Name Start Finish Original
Duration
ENGR1010 Prep and Submit Submittals - Structural Steel 17-Oct-24 15-Jan-25 60
ENGR1100 AE Review and Approve Submittals - Structural Steel 16-Jan-25 30-Jan-25 10
ELECTRICELECTRIC 17-Oct-24 31-Dec-24 50
ENGR1050 Prep and Submit Submittals - Electric 17-Oct-24 16-Dec-24 40
ENGR1140 AE Review and Approve Submittals - Electric 17-Dec-24 31-Dec-24 10
GLASS AND GLAZINGGLASS AND GLAZING 16-Jan-25 28-Apr-25 70
ENGR1020 Prep and Submit Submittals - Windows, Storefront, and Curtainwall16-Jan-25 11-Apr-25 60
ENGR1110 AE Review and Approve Submittals - Windows, Storefront, and Curtainwall14-Apr-25 28-Apr-25 10
ROOFINGROOFING 16-Jan-25 28-Mar-25 50
ENGR1030 Prep and Submit Submittals - Roofing 16-Jan-25 14-Mar-25 40
ENGR1120 AE Review and Approve Submittals - Roofing 17-Mar-25 28-Mar-25 10
ELEVATORELEVATOR 16-Jan-25 28-Mar-25 50
ENGR1070 Prep and Submit Submittals - Elevator 16-Jan-25 14-Mar-25 40
ENGR1160 AE Review and Approve Submittals - Elevator 17-Mar-25 28-Mar-25 10
FIRE PROTECTIONFIRE PROTECTION 22-Jan-25 02-Apr-25 50
ENGR1060 Prep and Submit Submittals - Fire Protection 22-Jan-25 19-Mar-25 40
ENGR1150 AE Review and Approve Submittals - Fire Protection 20-Mar-25 02-Apr-25 10
CASEWORKCASEWORK 22-Jan-25 19-Mar-25 40
ENGR1230 Prep and Submit Submittals - Casework 22-Jan-25 05-Mar-25 30
ENGR1290 AE Review and Approve Submittals - Casework 06-Mar-25 19-Mar-25 10
MASONRYMASONRY 22-Jan-25 19-Mar-25 40
ENGR1220 Prep and Submit Submittals - Masonry 22-Jan-25 05-Mar-25 30
ENGR1270 AE Review and Approve Submittals - Masonry 06-Mar-25 19-Mar-25 10
DRYWALLDRYWALL 22-Jan-25 19-Mar-25 40
ENGR1240 Prep and Submit Submittals - Drywall 22-Jan-25 05-Mar-25 30
ENGR1310 AE Review and Approve Submittals - Drywall 06-Mar-25 19-Mar-25 10
PLAYGROUND EQUIPMENTPLAYGROUND EQUIPMENT 21-Jan-25 04-Mar-25 31
ENGR1420 Prep and Submit Submittals - Playground Equipment 21-Jan-25 18-Feb-25 20
ENGR1430 AE Review and Approve Submittals - Playground Equipment 18-Feb-25 04-Mar-25 10
ROUGH CARPENTRYROUGH CARPENTRY 24-Jan-25 21-Feb-25 20
ENGR1250 Prep and Submit Submittals - Rough Carpentry 24-Jan-25 06-Feb-25 10
ENGR1330 AE Review and Approve Submittals - Rough Carpentry 07-Feb-25 21-Feb-25 10
SECURITY CAMERASSECURITY CAMERAS 16-Jan-25 13-Mar-25 40
ENGR1015 Prep and Submit Submittals - Security Cameras 16-Jan-25 27-Feb-25 30
ENGR1035 AE Review and Approve Submittals - Security Cameras 27-Feb-25 13-Mar-25 10
DOORS & HARDWAREDOORS & HARDWARE 22-Jan-25 19-Mar-25 40
ENGR1260 Prep and Submit Submittals - DFH 22-Jan-25 05-Mar-25 30
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Prep and Submit Submittals - Structural Steel
AE Review and Approve Submittals - Structural Steel
Prep and Submit Submittals - Electric
AE Review and Approve Submittals - Electric
Prep and Submit Submittals - Windows, Storefront, and Curtainwall
AE Review and Approve Submittals - Windows, Storefront, and Curtainwall
Prep and Submit Submittals - Roofing
AE Review and Approve Submittals - Roofing
Prep and Submit Submittals - Elevator
AE Review and Approve Submittals - Elevator
Prep and Submit Submittals - Fire Protection
AE Review and Approve Submittals - Fire Protection
Prep and Submit Submittals - Casework
AE Review and Approve Submittals - Casework
Prep and Submit Submittals - Masonry
AE Review and Approve Submittals - Masonry
Prep and Submit Submittals - Drywall
AE Review and Approve Submittals - Drywall
Prep and Submit Submittals - Playground Equipment
AE Review and Approve Submittals - Playground Equipment
Prep and Submit Submittals - Rough Carpentry
AE Review and Approve Submittals - Rough Carpentry
Prep and Submit Submittals - Security Cameras
AE Review and Approve Submittals - Security Cameras
Prep and Submit Submittals - DFH
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 8 of 13
Activity ID Activity Name Start Finish Original
Duration
ENGR1350 AE Review and Approve Submittals - DFH 06-Mar-25 19-Mar-25 10
KITCHEN EQUIPMENTKITCHEN EQUIPMENT 22-Jan-25 19-Mar-25 40
ENGR1440 Prep and Submit Submittals - DFH 22-Jan-25 05-Mar-25 30
ENGR1450 AE Review and Approve Submittals - DFH 06-Mar-25 19-Mar-25 10
PAINTINGPAINTING 24-Jan-25 07-Mar-25 30
ENGR1280 Prep and Submit Submittals - Painting 24-Jan-25 21-Feb-25 20
ENGR1370 AE Review and Approve Submittals - Painting 24-Feb-25 07-Mar-25 10
FLOORINGFLOORING 28-Jan-25 11-Mar-25 30
ENGR1300 Prep and Submit Submittals - Flooring 28-Jan-25 25-Feb-25 20
ENGR1380 AE Review and Approve Submittals - Flooring 26-Feb-25 11-Mar-25 10
LOW VOLTAGELOW VOLTAGE 30-Jan-25 13-Mar-25 30
ENGR1320 Prep and Submit Submittals - Low Voltage 30-Jan-25 27-Feb-25 20
ENGR1390 AE Review and Approve Submittals - Low Voltage 28-Feb-25 13-Mar-25 10
SPECIALTIESSPECIALTIES 03-Feb-25 17-Mar-25 30
ENGR1340 Prep and Submit Submittals - Specialties 03-Feb-25 03-Mar-25 20
ENGR1400 AE Review and Approve Submittals - Specialties 04-Mar-25 17-Mar-25 10
FF&EFF&E 05-Feb-25 02-Apr-25 40
ENGR1360 Prep and Submit Submittals - FF&E 05-Feb-25 19-Mar-25 30
ENGR1410 AE Review and Approve Submittals - FF&E 20-Mar-25 02-Apr-25 10
MATERIAL PROCUREMENTMATERIAL PROCUREMENT 27-Aug-24 10-Feb-26 381
GMP SUBCONTRACTORSGMP SUBCONTRACTORS 27-Aug-24 10-Feb-26 381
SITE UTILITIESSITE UTILITIES 27-Aug-24 21-Nov-24 60
MAT1000 F&D Long Lead - Site Utilities 27-Aug-24 21-Nov-24 60
EARTHWORKEARTHWORK 17-Oct-24 30-Oct-24 10
MAT1090 F&D Long Lead - Earthwork 17-Oct-24 30-Oct-24 10
ELECTRICELECTRIC 02-Jan-25 19-Sep-25 180
MAT1050 F&D Long Lead - Electric 02-Jan-25 19-Sep-25 180
SWITCHGEARSWITCHGEAR 17-Dec-24 10-Feb-26 300
MAT1220 F&D Long Lead - Switchgear 17-Dec-24 10-Feb-26 300
TRANSFORMERTRANSFORMER 17-Dec-24 10-Feb-26 300
MAT1230 F&D Long Lead - Transformer 17-Dec-24 10-Feb-26 300
GENERATORGENERATOR 17-Dec-24 10-Feb-26 300
MAT1240 F&D Long Lead - Generator 17-Dec-24 10-Feb-26 300
MECH/PlUMBINGMECH/PlUMBING 02-Jan-25 19-Sep-25 180
MAT1040 F&D Long Lead - Mech/Plumb 02-Jan-25 19-Sep-25 180
STRUCTURAL STEELSTRUCTURAL STEEL 31-Jan-25 28-Apr-25 60
MAT1010 F&D Long Lead - Structural Steel 31-Jan-25 28-Apr-25 60
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
AE Review and Approve Submittals - DFH
Prep and Submit Submittals - DFH
AE Review and Approve Submittals - DFH
Prep and Submit Submittals - Painting
AE Review and Approve Submittals - Painting
Prep and Submit Submittals - Flooring
AE Review and Approve Submittals - Flooring
Prep and Submit Submittals - Low Voltage
AE Review and Approve Submittals - Low Voltage
Prep and Submit Submittals - Specialties
AE Review and Approve Submittals - Specialties
Prep and Submit Submittals - FF&E
AE Review and Approve Submittals - FF&E
F&D Long Lead - Site Utilities
F&D Long Lead - Earthwork
F&D Long Lead - Electric
F&D Long Lead - Switchgear
F&D Long Lead - Transformer
F&D Long Lead - Generator
F&D Long Lead - Mech/Plumb
F&D Long Lead - Structural Steel
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 9 of 13
Activity ID Activity Name Start Finish Original
Duration
CIP CONCRETECIP CONCRETE 06-Mar-25 02-Apr-25 20
MAT1100 F&D Long Lead - Concrete 06-Mar-25 02-Apr-25 20
ROOFINGROOFING 31-Mar-25 19-Sep-25 120
MAT1030 F&D Long Lead - Roofing 31-Mar-25 19-Sep-25 120
GLASS AND GLAZINGGLASS AND GLAZING 29-Apr-25 21-Aug-25 80
MAT1020 F&D Long Lead - Windows, Storefront, and Curtainwall 29-Apr-25 21-Aug-25 80
MASONRYMASONRY 20-Mar-25 15-Jul-25 80
MAT1110 F&D Long Lead - Masonry 20-Mar-25 15-Jul-25 80
ELEVATORELEVATOR 31-Mar-25 19-Sep-25 120
MAT1070 F&D Long Lead - Elevator 31-Mar-25 19-Sep-25 120
FIRE PROTECTIONFIRE PROTECTION 03-Apr-25 30-May-25 40
MAT1060 F&D Long Lead - Fire Protection 03-Apr-25 30-May-25 40
CASEWORKCASEWORK 20-Mar-25 15-Jul-25 80
MAT1120 F&D Long Lead - Casework 20-Mar-25 15-Jul-25 80
DRYWALLDRYWALL 20-Mar-25 15-May-25 40
MAT1130 F&D Long Lead - Drywall 20-Mar-25 15-May-25 40
PLAYGROUND EQUIPMENTPLAYGROUND EQUIPMENT 04-Mar-25 27-May-25 60
MAT1080 F&D Long Lead - Playground Equipment 04-Mar-25 27-May-25 60
ROUGH CARPENTRYROUGH CARPENTRY 24-Feb-25 21-Mar-25 20
MAT1140 F&D Long Lead - Rough Carpentry 24-Feb-25 21-Mar-25 20
SECURITY CAMERASSECURITY CAMERAS 13-Mar-25 03-Jul-25 80
MAT1250 F&D Long Lead - Security Cameras 13-Mar-25 03-Jul-25 80
DOORS & HARDWAREDOORS & HARDWARE 20-Mar-25 15-Jul-25 80
MAT1150 F&D Long Lead - DFH 20-Mar-25 15-Jul-25 80
KITCHEN EQUIPMENTKITCHEN EQUIPMENT 20-Mar-25 15-Jul-25 80
MAT1210 F&D Long Lead - DFH 20-Mar-25 15-Jul-25 80
PAINTINGPAINTING 10-Mar-25 21-Mar-25 10
MAT1160 F&D Long Lead - Painting 10-Mar-25 21-Mar-25 10
FLOORINGFLOORING 12-Mar-25 05-Jun-25 60
MAT1170 F&D Long Lead - Flooring 12-Mar-25 05-Jun-25 60
LOW VOLTAGELOW VOLTAGE 14-Mar-25 09-Jul-25 80
MAT1180 F&D Long Lead - Low Voltage 14-Mar-25 09-Jul-25 80
SPECIALTIESSPECIALTIES 18-Mar-25 11-Jul-25 80
MAT1190 F&D Long Lead - Specialties 18-Mar-25 11-Jul-25 80
FF&EFF&E 03-Apr-25 29-Jul-25 80
MAT1200 F&D Long Lead - FF&E 03-Apr-25 29-Jul-25 80
MOBILIZATIONMOBILIZATION 10-Oct-24 25-Nov-24 31
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
F&D Long Lead - Concrete
F&D Long Lead - Roofing
F&D Long Lead - Windows, Storefront, and Curtainwall
F&D Long Lead - Masonry
F&D Long Lead - Elevator
F&D Long Lead - Fire Protection
F&D Long Lead - Casework
F&D Long Lead - Drywall
F&D Long Lead - Playground Equipment
F&D Long Lead - Rough Carpentry
F&D Long Lead - Security Cameras
F&D Long Lead - DFH
F&D Long Lead - DFH
F&D Long Lead - Painting
F&D Long Lead - Flooring
F&D Long Lead - Low Voltage
F&D Long Lead - Specialties
F&D Long Lead - FF&E
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 10 of 13
Activity ID Activity Name Start Finish Original
Duration
CON1000 Mobilize (Early Geothermal) 10-Oct-24 10-Oct-24 1
CON1010 E&S Precon Meeting with DDOE 11-Oct-24 25-Oct-24 10
CON1040 Temp Utilities 28-Oct-24 18-Nov-24 15
CON1090 Establish Temp Walkways 28-Oct-24 25-Nov-24 20
SITESITE 28-Oct-24 28-Apr-25 123
CON1030 Layout 28-Oct-24 01-Nov-24 5
CON1070 Construct new construction entrance and roads 28-Oct-24 08-Nov-24 10
CON1060 Establish Perimeter E&S Controls 04-Nov-24 18-Nov-24 10
CON1100 Mobilize Construction Trailer 12-Nov-24 18-Nov-24 5
CON1120 Site Demolition 19-Nov-24 04-Dec-24 10
CON1130 Geothermal Wells 26-Nov-24 25-Feb-25 60
CON1140 Establish Building Pad 22-Apr-25 28-Apr-25 5
DEMOLITIONDEMOLITION 26-Dec-24 21-Apr-25 83
A1100 JO Wilson Relocation into Brown Trailers 26-Dec-24* 31-Dec-24 4
A1090 School Move Out 02-Jan-25* 15-Jan-25 10
A1030 Cut Cap and Make Safe 16-Jan-25 06-Feb-25 15
A1040 Abatement 31-Jan-25 14-Mar-25 30
A1050 Selective Demolition 14-Feb-25 28-Mar-25 30
A1060 Structural Demolition 03-Mar-25 11-Apr-25 30
A1080 Establish Clean Letter 31-Mar-25 04-Apr-25 5
A1070 Rough Grading 14-Apr-25 21-Apr-25 5
RENOVATIONRENOVATION 07-Apr-25 25-Mar-26 240
ENVELOPEENVELOPE 07-Apr-25 26-Sep-25 120
CON1750 Exterior Wall Framing 07-Apr-25 05-May-25 20
CON1760 Blocking and Sheeting at Perimeter Walls 14-Apr-25 12-May-25 20
CON1810 Install Vapor Barrier 29-Apr-25 27-May-25 20
CON1770 Frame and Sheath Parapets 06-May-25 12-May-25 5
CON1820 Prep Window Openings 06-May-25 03-Jun-25 20
CON1830 Install New Window Replacements 13-May-25 24-Jul-25 50
CON1860 Install Roof Curbs 13-May-25 19-May-25 5
CON1780 Set Roof Drains 20-May-25 27-May-25 5
CON1870 Replace Roofing 20-May-25 17-Jul-25 40
CON1840 Primary Caulking 25-Jul-25 31-Jul-25 5
CON1850 Facade Restoration 01-Aug-25 26-Sep-25 40
INTERIORSINTERIORS 28-May-25 25-Mar-26 205
CON1790 Storm Risers 28-May-25 25-Jun-25 20
CON1800 MEP Risers 04-Jun-25 31-Jul-25 40
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Mobilize (Early Geothermal)
E&S Precon Meeting with DDOE
Temp Utilities
Establish Temp Walkways
Layout
Construct new construction entrance and roads
Establish Perimeter E&S Controls
Mobilize Construction Trailer
Site Demolition
Geothermal Wells
Establish Building Pad
JO Wilson Relocation into Brown Trailers
School Move Out
Cut Cap and Make Safe
Abatement
Selective Demolition
Structural Demolition
Establish Clean Letter
Rough Grading
Exterior Wall Framing
Blocking and Sheeting at Perimeter Walls
Install Vapor Barrier
Frame and Sheath Parapets
Prep Window Openings
Install New Window Replacements
Install Roof Curbs
Set Roof Drains
Replace Roofing
Primary Caulking
Facade Restoration
Storm Risers
MEP Risers
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 11 of 13
Activity ID Activity Name Start Finish Original
Duration
CON1880 MEP OH RI 03-Jul-25 26-Dec-25 120
CON1890 Wall Construction 01-Aug-25 27-Jan-26 120
CON1920 Install Elevator 01-Aug-25 11-Dec-25 90
CON1930 Install MEP Equipment 01-Aug-25 27-Jan-26 120
CON1900 Ceiling Construction 29-Aug-25 25-Feb-26 120
CON1910 Interior Finishes 29-Sep-25 25-Mar-26 120
NEW ADDITIONNEW ADDITION 29-Apr-25 23-Apr-26 245
FOUNDATIONSFOUNDATIONS 29-Apr-25 14-Aug-25 75
CON1150 FRP Footings 29-Apr-25 10-Jun-25 30
CON1160 Underslab Plumbing RI 13-May-25 25-Jun-25 30
CON1170 FRP Piers 11-Jun-25 10-Jul-25 20
CON1180 Backfill 57 Stone 11-Jul-25 17-Jul-25 5
CON1200 Underslab Electrical RI 18-Jul-25 14-Aug-25 20
CON1210 FRP SOG 18-Jul-25 14-Aug-25 20
STRUCTURESTRUCTURE 01-Aug-25 10-Oct-25 50
CON1220 Erect Structural Steel 01-Aug-25 26-Sep-25 40
CON1230 Metal Decking 15-Aug-25 10-Oct-25 40
CON1240 Layout/Install MEP Hangers 15-Sep-25 10-Oct-25 20
CON1250 FRP Elevated Decks 15-Sep-25 10-Oct-25 20
ENVELOPEENVELOPE 14-Oct-25 04-Mar-26 95
CON1260 Frame Perimeter Walls 14-Oct-25 10-Nov-25 20
CON1280 Set Roof Drains 14-Oct-25 20-Oct-25 5
CON1270 Blocking and Sheeting at Perimeter Walls 21-Oct-25 18-Nov-25 20
CON1300 Install Vapor Barrier 04-Nov-25 04-Dec-25 20
CON1310 Frame and Sheath Parapets 12-Nov-25 18-Nov-25 5
CON1330 Prep Window Openings 12-Nov-25 11-Dec-25 20
CON1340 Install Windows, Storefront, and Curtainwall 19-Nov-25 05-Jan-26 30
CON1350 Install Roof Curbs 19-Nov-25 25-Nov-25 5
CON1370 Install New Roofing 26-Nov-25 27-Jan-26 40
CON1410 Primary Caulking 06-Jan-26 12-Jan-26 5
CON1420 Install Facade Materials 06-Jan-26 04-Mar-26 40
INTERIORSINTERIORS 21-Oct-25 23-Apr-26 125
CON1290 Storm Risers 21-Oct-25 18-Nov-25 20
CON1320 MEP Risers 28-Oct-25 26-Dec-25 40
CON1360 MEP OH RI 04-Nov-25 04-Mar-26 80
CON1380 Wall Construction 12-Dec-25 08-Apr-26 80
CON1390 Install Elevator 29-Dec-25 25-Mar-26 60
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
MEP OH RI
Wall Construction
Install Elevator
Install MEP Equipment
Ceiling Construction
Interior Finishes
FRP Footings
Underslab Plumbing RI
FRP Piers
Backfill 57 Stone
Underslab Electrical RI
FRP SOG
Erect Structural Steel
Metal Decking
Layout/Install MEP Hangers
FRP Elevated Decks
Frame Perimeter Walls
Set Roof Drains
Blocking and Sheeting at Perimeter Walls
Install Vapor Barrier
Frame and Sheath Parapets
Prep Window Openings
Install Windows, Storefront, and Curtainwall
Install Roof Curbs
Install New Roofing
Primary Caulking
Install Facade Materials
Storm Risers
MEP Risers
MEP OH RI
Wall Construction
Install Elevator
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 12 of 13
Activity ID Activity Name Start Finish Original
Duration
CON1400 Install MEP Equipment 29-Dec-25 25-Feb-26 40
CON1430 Ceiling Construction 13-Jan-26 08-Apr-26 60
CON1440 Interior Finishes 28-Jan-26 23-Apr-26 60
LANDSCAPELANDSCAPE 19-Feb-26 29-May-26 70
CON1460 Fine Grade 19-Feb-26 04-Mar-26 10
CON1470 Site Electric RI 05-Mar-26 01-Apr-26 20
CON1560 New Field and Play Spaces 05-Mar-26 29-May-26 60
CON1490 Hardscape 12-Mar-26 07-May-26 40
CON1500 Landscape 26-Mar-26 21-May-26 40
CON1550 Site Lighting and Accessories 24-Apr-26 07-May-26 10
COMMISSIONINGCOMMISSIONING 26-Feb-26 21-May-26 60
CON1450 Start Up MEP Equipment 26-Feb-26 23-Apr-26 40
CON1480 Balance 26-Mar-26 21-May-26 40
CON1520 Functional Testing and Commissioning 26-Mar-26 21-May-26 40
CLOSEOUTCLOSEOUT 11-Dec-25 24-Jun-27 381
CON1190 Submit O&Ms (6 Months prior to sc) 11-Dec-25 24-Dec-25 10
CON2010 Sprinkler Final Inspection 26-Feb-26 25-Mar-26 20
CON2020 Elevator Final Inspection 26-Mar-26 23-Apr-26 20
CON1530 Provide Training 24-Apr-26 21-May-26 20
CON1940 Final Bulding Inspection 24-Apr-26 21-May-26 20
CON1970 Electrical Final Inspection 24-Apr-26 21-May-26 20
CON1980 FA Final Inspection 24-Apr-26 21-May-26 20
CON1990 Mechanical Final Inspection 24-Apr-26 21-May-26 20
CON2000 Plumbing Final Inspection 24-Apr-26 21-May-26 20
CON1590 Provide Warranties 08-May-26 05-Jun-26 20
CON1950 DOB C of O Application Review 22-May-26 05-Jun-26 10
CON1570 Complete Punch List 08-Jun-26 04-Aug-26 40
CON1960 Schedule Contingency/Weather Allowance 08-Jun-26 15-Jul-26 26
CON1580 Warranty Period 24-Jun-26 24-Jun-27 249
CON1600 Financial Closeout and Final Bill 24-Jun-26 24-Dec-26 126
A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A Sep O N D Jan F M A M Jun Jul A
2024 2025 2026 2027
Install MEP Equipment
Ceiling Construction
Interior Finishes
Fine Grade
Site Electric RI
New Field and Play Spaces
Hardscape
Landscape
Site Lighting and Accessories
Start Up MEP Equipment
Balance
Functional Testing and Commissioning
Submit O&Ms (6 Months prior to sc)
Sprinkler Final Inspection
Elevator Final Inspection
Provide Training
Final Bulding Inspection
Electrical Final Inspection
FA Final Inspection
Mechanical Final Inspection
Plumbing Final Inspection
Provide Warranties
DOB C of O Application Review
Complete Punch List
Schedule Contingency/Weather Allowance
Warranty Period
Financial Closeout and Final Bill
JO Wilson Modernization Baseline Schedule Revision 02 Project ID: 20595 24-01-16 Baseline
Data Date: 06-Nov-23

Critical Remaining Work
Remaining Work
Actual Work
Remaining Level of Effort
Actual Level of Effort
Milestone
James G. Davis Construction Corp.

Prepared: 24-Jan-24
Page 13 of 13

Page 99 of 121

Exhibit C - Deliverable List
Design and Preconstruction Phase Deliverables
Deliverables shall include, but not be limited to:

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

Construction Deliverables
Deliverables shall include, but not be limited to:
a) Contingency Balance Update.
b) Hazardous Material Abatement Subcontractor Insurance Certificates.
c) Hazardous Material Abatement Records.
d) Construction Document Packages.
e) Progress Meeting Minutes.
f) Project Schedule Updates.
g) Project Progress Reports.
h) Cost Variance Report.
i) OSHA Safety Plan.
j) Closeout documents (Product Manuals, Warranties, etc.).
k) Quality Control Plan.
l) Quality Control Inspection Reports.

Page 100 of 121

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

Documents that may be required by Contracting Officer from time to time.

Close-Out Deliverables
Deliverables shall include, but not be limited to:
a) A complete set of the Design-Builder’s Project files.
b) A complete set of product manuals (O&M), training videos, warranties, etc.
c) As-built record drawings.
d) Attic stock and schedule.
e) Equipment schedule.
f) Proposed schedule of maintenance.
g) Environmental, health & safety documents.
h) LEED – Preliminary Construction Review.
i) All applicable inspection certificates/permits (boiler, elevator, emergency
evacuation plans, health inspection, etc.).
j) Final Maintenance and Operations Plan

Page 107 of 121
Exhibit D
SBE Subcontracting Plan
[EXHIBIT WILL BE ADDED UPON RECEIVAL]
SBE SUBCONTRACTNG PLAN | Revised October 2023

SBE Subcontracting Plan
FAQs & Checklist

This Checklist and FAQs are being provided to assist you in completing the SBE Subcontracting Plan. You
must submit the Subcontracting Plan for all construction and non -construction contracts for government -
assisted projects and for any application for a Class A Operator, Class B Operator, or Management Service
Provider (MSP) license to be issued by the Office of Lottery & Gaming (OLG). You must adhere to all District
laws regarding the requirements of Subcontracting Plans, the instructions on the SBE Subcontracting Plan
(below), and any instructions provided by the procuring agency or OLG.

FREQUENTLY ASKED QUESTIONS

➢ Who is required to complete an SBE Subcontracting Plan?
o All beneficiaries of construction or non-construction contracts for government-assisted projects in
excess of $250,000 must submit an SBE Subcontracting Plan unless the subcontracting
requirement is otherwise fully waived by the Director of the Department of Small & Local Business
Development. A partial waiver still requires an SBE Subcontracting Plan.
➢ What is the duration for allocating at least 35% of the contract value to SBE?
o For an agency contract at least 35% of the dollar volume of the contract shall be subcontracted to
a qualified SBE for each performance period for the life of the contract.
➢ I am a CBE Prime Contractor doing 100% of the work under my contract, am I required to complete
the SBE Subcontracting Plan?
o If a CBE Prime is selected as a beneficiary of a construction or non-construction contract and will
perform 100% of the work, subcontracting is not required. If 100% of the work is performed by the
CBE Prime, it shall attest to completing 100% of the work. However, if a CBE Prime subcontracts
any portion of the work, 35% of the total amount subcontracted must be with anSBE. For example,
if a CBE Prime receives a contract for $1,000,000 and will perform only $900,000 of the contract,
35% of the remaining $100,000 (i.e., $35,000) must be subcontracted to qualified SBEs. The SBE
Subcontracting Plan, based on this example, should be completed.
➢ Will DSLBD credit 100% of a CBE’s subcontract towards my subcontracting goal?
o DSLBD will only provide credit towards your subcontracting goal for work whereby a SBE provides
a commercially useful function. For example, if a Prime contractor awards a $100,000 contract to
an SBE subcontractor to procure software licenses at $95,000, and the remaining $5,000 is paid
to the SBE for obtaining those software licenses, only the $5,000 will be credited towards the
subcontracting goal. Any pass-thru costs or other work where the SBE is not providing a
commercially useful function--with its own organization and resources--will not be credited.
➢ Does my SBE Subcontracting Plan have to cover all options periods of the contract or solely the
current performance period?
o The SBE Subcontracting Plan should only include information for the current period of
performance. Thus, the SBE Subcontracting Plan should not represent anticipated option periods.
A new subcontracting plan must be submitted and executed before the start of each period of
performance.
➢ The base period of my contract was awarded during the COVID-19 Public Health Emergency (i.e.,
March 11, 2020, through November 5, 2021). What is my subcontracting requirement for my
performance periods that fall outside of those dates?
o If the base period of your contract was awarded during the public health emergency, you are
required to maintain a 50% subcontracting requirement for all options and extensions associated
with that contract unless otherwise reduced or waived by the Director of DSLBD.
➢ I do not believe I can meet the required 35% or 50% subcontracting requirement. What must I do to
waive this requirement?
o If you believe you cannot achieve the required subcontracting requirements, you should
communicate this concern to the contracting officer or other procuring staff before signing your
contract. Only the Director of DSLBD can waive the subcontracting requirements, and DSLBD
does not retroactively approve waivers. For instance, if a contract is executed before a final
determination has been rendered by DSLBD’s Director, you will be required to achieve the
subcontracting requirement, or the contract may be voided, pursuant to District law.
o The contracting officer is required to submit a waiver request to DSLBD for the contract for each
period of performance. Beneficiaries are not permitted to submit a waiver request. DSLBD does
SBE SUBCONTRACTNG PLAN | Revised October 2023

not approve waivers retroactively; therefore, contracting officers and beneficiaries should ensure
that the waiver is approved prior to executing the contract. Otherwise, the contract is voidable
pursuant to District law.

➢ Can I utilize any CBE to meet my subconctrcting requirements or does it have to be an SBE
specifically?
If there are insufficient qualified SBEs to completely fulfill the subcontracting requirement, then the
requirement may be satisfied by subcontracting a CBE; provided, that all reasonable efforts shall
be made to ensure that qualified SBEs are significant participants in the overall subcontracting
work.
SBE SUBCONTRACTNG PLAN | Revised October 2023

SBE SUBCONTRACTING PLAN

INSTRUCTIONS: All construction & non-construction contracts for government-assisted projects
(agency contracts & private projects with a District subsidy) over $250,000, shall require at least
35% of the total dollar volume of the contract (i.e., the total amount of agency contract or total private
project development costs) be subcontracted to Small Business Enterprises (SBE), and if insufficient
qualified SBEs to Certified Business Enterprises (CBE). The SBE Subcontracting Plan must list all SBE
and CBE subcontracts at every tier. Once the SBE Subcontracting Plan is submitted for agency
contracts, options, and extension, it can only be amended by the Director of the Department of Small &
Local Business Development

SUBMISSION OF CBE PLAN:
 For agency solicitations – submit to the agency with bid/proposal.
 For agency options & extensions – submit to the agency before an option or extension is
exercised.
 For public-private projects – submit to DSLBD, the agency project manager, and with each
quarterly report. As private projects may not have awarded all contracts at the time the District
subsidy is granted, the SBE Subcontracting Plan may be submitted simultaneously with each
quarterly report and list all SBE/CBE subcontracts executed by the time of submission.

CREDIT: For each subcontract listed on the SBE Subcontracting Plan, credit will only be given for the
portion of the subcontract performed, at every tier, by an SBE/CBE using its own organization and
resources. COPIES OF EACH FULLY EXECUTED SUBCONTRACT WITH SBEs AND CBEs (AT
EVERY TIER) MUST BE PROVIDED TO RECEIVE CREDIT.

CERTIFICATION INFORMATION: Certification as a Local Business Enterprise (LBE) is a prerequisite
to be certified in any additional business enterprise category within the CBE Program.
The Small Business Enterprise (SBE) is a category of the Certification. However, not all CBEs have a
Small Business Enterprise (SBE) category. If the subcontracting plan is with a CBE without the SBE
category, the contract may not receive credit towards the subcontracting goal for work provided by the
CBE if there were qualified SBEs that could have been utilized to completely fulfill the subcontracting
requirement.

The certification number must include the Local Business Enterprise (LBE) and Small Business
Enterprise (SBE) categories. i.e., Certification Number:LSXXXXXXXXX2026.

SUBCONTRACTING CREDIT PURSUANT D.C. LAW 24-39:
Pursuant to the Coronavirus Support Temporary Amendment Act of 2021 and the Public Emergency
Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021, contracts
awarded during the Public Health Emergency shall receive credit as follows:
(1) For every dollar expended by a beneficiary with a resident-owned business, the beneficiary
shall receive a credit for $1.10 against the CBE minimum expenditure.
(2) For every dollar expended by a beneficiary with a disadvantaged business enterprise, the
beneficiary shall receive a credit for $1.25 against the CBE minimum expenditure.
(3) For every dollar expended by a beneficiary that uses a company designated as both a
disadvantaged business enterprise and as a resident-owned business, the beneficiary shall
receive a maximum credit for $1.30 against the CBE minimum expenditure.

EXEMPTION: If the Beneficiary (e.g., the Prime Contractor or Developer) is a CBE and will perform
the ENTIRE government-assisted project with its own organization and resources and will NOT
subcontract any portion of the services and goods, then the CBE Beneficiary is not required to
subcontract to SBEs.
SBE SUBCONTRACTNG PLAN | Revised October 2023

SECTION 1.BENEFICIARY AND SOLICITATION/CONTRACT/SPORTS WAGERING
APPLICANTINFORMATION

Section 1A. BENEFICIARY INFORMATION

Company: Chiramonte Construction Co.

Contact #: 2025620027

Email address: hyy@cc-builder.com

Street Address: 2260 Minnesota Ave SE City/ State/ Zip Code: Washington, DC 20020
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: Frank Chiaramonte Title: President

Contact #: 2025620027 Email address: Frank@cc-builder.com

Street Address: 2260 Minnesota Ave. SE, Washington, DC 20020

Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING

Solicitation /Contract/ApplicantNo.: DCAM-23-CS-RFP-0009
Agency: DGS

Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement $8,676,592
50% Subcontracting Requirement $12,395,131
DSLBD approved an adjusted subcontracting requirement:
➢ Adjusted Subcontracting Requirement: %
APPLICANT INFORMATION

Solicitation Due Date: 5/18/2022
Total Dollar Amount of Contract: $27,185,263.00
Total Value of ALL CBE
Subcontracts:$9,266,309.00
(Include all lower tiers)

I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE

Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)

If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.

Please include the percentage of the contract the CBE Prime will perform under the contract or project.
➢ The CBE Prime will self-perform 51 % of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
➢ CBE Certification No. LSZX95366032025
X
X
X
X
J.O Wilson ES Modernization
SBE SUBCONTRACTNG PLAN | Revised October 2023

BENEFICIARY ATTESTATION

I declare, certify, verify, attest, and state under penalty of perjury that the information provided above is
true and correct to the best of my knowledge and belief. Pursuant to D.C. Official Code § 22 -2402, I
understand that a person convicted of perjury shall be fined not more than $5,000 or imprisoned for not
more than 10 years, or both. I understand that any false or fraudulent statement that I provide or assert
may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2 -218.63. Further,
a Prime Contractor, Developer, CBE, Certified Joint Venture, or Sports Wagering Licensee that fails to
comply with the requirements of the Small and Certified Business Enterprise Development and Assistance
Amendment Act of 2005, as amended, (D.C. Law 20 -108) (the “Act”), shall be subject to penalties as
outlined in the Act.

PRINT NAME: Toby Hayward SIGNATURE: ____________________________
JOB TITLE: Project Manager DATE: 6/13/2024

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

CBE Subcontractor
Company Name

Address

Certification
No.

Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE

Perkins Eastman DC _

One Thomas Circle,
Suite 270
Washington, DC 20005

LSDZRE555
96032024

$2,505,727.00

Prime Designer, Architecture,
LEED Sustainable
Consultant

SBE/CBE Point of Contact:

CBE Subcontractor Self-Performance Indicator:

Name: Sean
O’Donnell
Title: Director
Telephone Number: 202 460-7866

Email Address: s.odonnell@perkinseastman.com

This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform % of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.

LOWER TIER
CBE Subcontractor
Name

Address

Certification No.

Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE

Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Engenium Group _ 655 New York Ave
Suite MZ02
Washington, DC 20001

LSDZRE68382052024

$ $750,000 Mechanical,
Electrical and
Plumbing and Net
Zero
Desing Services
2nd
Natural Resources
Design. _
1009 Shepard Street
NE, Washington, DC
20017
LSDZR77585012024

$ $103,729 Landscape
Architecture and
Design
2nd
Yun Associates _ 1050 Connecticut Ave
NW, Washington, DC
20036
LSD93838122024 $ 292,500 Structural
Engineering
2nd
Heller &
Metzger PC _
1899 Pennsylvania Ave
NW, Suite 220
Washington, DC 20006

LSX59442092025 $ $70,000 Architectural
Specifications
2nd
_ $
X

SBE SUBCONTRACTNG PLAN | Revised October 2023

CBE Subcontractor
Company Name

Address

Certification
No.

Price to be paid to
the CBE
Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE

Blackwood of DC _

5335 Wisconsin Ave
NW, Washington, DC
20015

L84153082025

$816,936

Concrete

SBE/CBE Point of Contact:

CBE Subcontractor Self-Performance Indicator:

Name: Bryan
Wright
Title: President
Telephone Number: 202-758-3116

Email Address: bwright@blackwood-dc.com

This CBE will perform the ENTIRE subcontract with
its own organization and resources.
This CBE will subcontract a portion of the subcontract
and will perform % of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.

LOWER TIER
CBE Subcontractor
Name

Address

Certification No.

Price to be paid to
the CBE
Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE

Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
_ $
_ $
_ $
_ $
_ $

CBE Subcontractor
Company Name

Address

Certification
No.

Price to be paid to
the CBE
Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE

Goel _

3109 MLK JR Ave
NE Washington, DC
20032

LSZ18780062026

$516,767

Site Utilities
Plumbing/Mechanical and
Insulation

SBE/CBE Point of Contact:

CBE Subcontractor Self-Performance Indicator:

Name: Galen
McNeil
Title: Controller
Telephone Number: 202-457-0111

Email Address: g.mcneal@goel.com

This CBE will perform the ENTIRE subcontract with
its own organization and resources.
This CBE will subcontract a portion of the subcontract
and will perform % of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.

LOWER TIER
CBE Subcontractor
Name

Address

Certification No.

Price to be paid to
the CBE
Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
X
SBE SUBCONTRACTNG PLAN | Revised October 2023

function by the CBE
I & B Associates _ 6925 4th Street
NW, Washington, DC
20032
LSD62641082024 $ $1,550,300 Mechanical/Plumbing
supplies and equipment
2nd
_ $
_ $
_ $
_ $

CBE Subcontractor
Company Name

Address

Certification No.

Price to be paid
to the CBE
Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE

DC Life & Safety _

3421 14th Street
NW Washington, DC
20010

LSDZ46352082026

$ 120,953

Electrical Supplies and
Equipment

SBE/CBE Point of Contact:

CBE Subcontractor Self-Performance Indicator:

Name: Thomas Young
Title: Controller
Telephone Number: 202-456-2250

Email Address: tyoung@dclifesafety.com

This CBE will perform the ENTIRE subcontract
with its own organization and resources.
This CBE will subcontract a portion of the
subcontract and will perform % of the
subcontract’s total dollar volume. NOTE: If the CBE
will not self-perform 100% of the subcontract, it
must list each lower-tier CBE subcontractor below.

LOWER TIER
CBE Subcontractor
Name

Address

Certification No.

Price to be paid
to the CBE
Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE

Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Shepherd Electric
Supply of DC LLC _
2920 V Street
NE Washington, DC
20018
LZ9229122024 $ $ 1,503,596 Electrical Supplies
and Equipment
2nd
HS Solutions _ 4201 Connecticut Ave
NW Washington, DC
20008
LSD88253122024 $ $ 65,000 Electrical, low
voltage and fire alarm
2nd
_ $
_ $
_ $

X

CBE Subcontractor
Company Name

Address

Certification No.

Price to be paid
to the CBE
Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE

Golden & Stafford Inc _

2851 V Street
NE Washington, DC
20018

LSZ11177122026

$ 480,938

Earthwork

SBE/CBE Point of Contact:

CBE Subcontractor Self-Performance Indicator:

Name: Brian Mattingly
Title: Owner
Telephone Number: 202-357-6230

Email Address: brian.mattingly@goldenandstafford.com

This CBE will perform the ENTIRE subcontract
with its own organization and resources.
This CBE will subcontract a portion of the
subcontract and will perform % of the
subcontract’s total dollar volume. NOTE: If the CBE will
not self-perform 100% of the subcontract, it must list
each lower-tier CBE subcontractor below.

LOWER TIER
CBE Subcontractor
Name

Address

Certification No.

Price to be paid
to the CBE
Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE

Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
_ $
_ $
_ $
_ $
_ $

SBE SUBCONTRACTNG PLAN | Revised October 2023
X
SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD
Agency: Department of General Services
Prime Contractor: Chiaramonte DAVIS, A Joint Venture
Contract Number: DCAM-23-CS-RFP-0009
Date SBE Subcontracting Plan Accepted: 7/16/2024
Date agency contract signed: 7/25/2024
Anticipated Start Date of Contract: 7/25/2024
Anticipated End Date of Contract: 1/15/2027
Total Dollar Amount of Contract: $27,185,263.00
*Design-Build must include total contract amount for both design
and build phase of the project.
35% of the Total Contract Amount: $ 9,514,842.05
35% of the Applicable Performance Period: $ 9,514,842.05
50% of Total Dollar Amount of Contract: $ 13,592,631.5
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $ 9,266,309.00
(include every tier)
(✓ if applies)
Base Period Contract – Option/Extension Period:
Multi-year Contract
First Year (Period) of Contract:
Current Year (Period) of Contract:
Design-Build – Date of Guaranteed Contract:
Check if prime contractor is a CBE and will perform the
ENTIRE government-assisted project (agency contract) with its
own organization and resources and NOT subcontract any portion
of the services or goods.
PRIVATE PROJECT SUBSIDY AWARD
Agency Providing Subsidy:
District Subsidy:
Developer:
Amount of District Subsidy:
Date District Subsidy Provided/ contract signed:
Anticipated Start Date of Project:
Anticipated End Date of Project:
Project Name:
Project Address:
Total Development Project Budget: $
(include pre-construction and construction costs)
35% of the Total Development Project Budget: $
50% of Total Dollar Amount of Contract: $
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $
(include every lower tier)
Check if developer is a CBE and will perform the ENTIRE
government-assisted project (private project) with its own
organization and resources and NOT subcontract any portion of
services or goods.
AGENCY CONTRACTING OFFICER’S AFFIRMATION OR AGENCY PROJECT MANAGER’S AFFIRMATION
(✓ which applies)
The below Agency Contracting Officer or Agency Project Manager affirms the following (✓ to affirm):
If the Beneficiary is a CBE, DSLBD was contacted to confirm Beneficiary’s CBE certification.
The fully executed Contract (Base or Option or Extension or Multi-Year) or subsidy document, between the Beneficiary and Agency, was
emailed to DSLBD at Compliance.Enforcement@dc.gov within five (5) days of signing:
FOR AGENCY CONTRACT the SBE Subcontracting Plan, submitted by Beneficiary, was emailed to DSLBD at
Compliance.Enforcement@dc.gov within five (5) days of signing the contract between the Beneficiary and Agency.

Name of Agency Contracting Officer or Agency Project Manager

Title of Agency Contracting Officer or Agency Project Manager
Signature Date
Peter Henry Lyonga
Contracing Officer
J.O Wilson ES Modernization
Page 104 of 121
Exhibit E
(Reserved)
Page 109 of 121
Exhibit F
Key Personnel
[EXHIBIT WILL APPEAR ON THE FOLLOWING PAGE]
J.O. WILSON ELEMENTARY SCHOOL MODERNIZATION
PROJECT ORGANIZATIONAL CHART
Engenium
Lead Mechanical Engineer
Building Envelopment Consulting Group
Lead Envelope Consultant
Bowman
Civil Engineer & Survey
Yun Associates
Structural Engineer
Natural Resources Design
Landscape Architecture
ECS Mid-Atlantic, LLC
Geotechnical and Environmental Services
Nyikos-Garcia Foodservice
FoodService Design
Lilker Associates Consulting Eng
Energy Services
Polysonics
Acoustical Design
EcoRise
Curriculum Consultant
Educational Systems Planning
IT/AV/Security Design
Heller & Metzger, PC
Architectural Specifications
CONSULTANTS
THOMAS ANDREWS
Design Manager
ALLEN RAY
Preconstruction Executive
OMAR CALDERON, AIA
Design Principal
MICHAEL SCALLINGI,
LEED AP
Project Architect
HEATHER JAUREGUI,
LEED AP BD+C
Director of Sustainability
KEN TERZIAN,
AIA LEED AP
Project Manager
EDCEL ARGUETA
Estimator
TOBY HAYWARD
Project Manager
CLAUDIA OLMEDO
Project Engineer
IBRAHIM ALOUSI
Project Engineer
JIM NOPEN
Assistant Superintendent
RAHEL KEBEDE
Assistant Project Manager
KEVIN MEADE
Superintendent
RICH HILLINGHOUSE
Senior Superintendent
RUDY MONTERROSO
Safety Manager
CHRISTOPHER HARTZLER
CCC/DAVIS JV Management
SEAN O’DONNELL FAIA
LEED AP
Education Planning Resource
JOE SWANSON
CCC/DAVIS JV Management
MARY RANKIN
AIA LEED AP
Design Principal-in-Charge
EXECUTIVE OVERSIGHT
DC DEPARTMENT OF GENERAL SERVICES CCC/DAVIS, A JOINT | PERKINS EASTMAN DC (REV 5.2.24)
PERKINS EASTMAN
Schedule Management Risk Management
Insurance + Bonding
Building Information
Modeling + Visualization
Safety + Quality AssuranceReality Capture
ADDITIONAL PROJEC T CONTROLS
Key Personnel
Primary Point of Contact
MAIN POINT OF CONTACT
CHAD OURSLER
Project Executive
Page 106 of 121
Exhibit G1 - Davis Bacon Act Wage Determination
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https://sam.gov/wage-determination/DC20230002/9 1/9
"General Decision Number: DC20230002 09/01/2023
Superseded General Decision Number: DC20220002
State: District of Columbia
Construction Type: Building
County: District of Columbia Statewide.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $16.20 per hour (or |
|| the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2023. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $12.15 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2023. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2023
1 01/13/2023
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https://sam.gov/wage-determination/DC20230002/9 2/9
2 04/07/2023
3 05/05/2023
4 06/02/2023
5 06/30/2023
6 07/21/2023
7 07/28/2023
8 08/04/2023
9 09/01/2023
ASBE0024-007 04/01/2021
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 39.27 18.67+a
Includes the application of all insulating materials,
protective coverings, coatings and finishes to all types of
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-008 04/01/2021
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 8.69+a
Includes preparation, wetting, stripping, removal, scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
and after the paid holiday.
----------------------------------------------------------------
ASBE0024-014 04/01/2021
Rates Fringes
FIRESTOPPER......................$ 29.41 8.73+a
Includes the application of materials or devices within or
around penetrations and openings in all rated wall or floor
assemblies, in order to prevent the pasage of fire, smoke
of other gases. The application includes all components
involved in creating the rated barrier at perimeter slab
edges and exterior cavities, the head of gypsum board or
concrete walls, joints between rated wall or floor
components, sealing of penetrating items and blank openings.
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day before
10/10/23, 8:23 AM SAM.gov
https://sam.gov/wage-determination/DC20230002/9 3/9
and after the paid holiday.
----------------------------------------------------------------
BRDC0001-002 04/30/2023
Rates Fringes
BRICKLAYER.......................$ 36.50 13.47
----------------------------------------------------------------
CARP0197-011 05/01/2023
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 32.21 13.87
----------------------------------------------------------------
CARP0219-001 05/01/2023
Rates Fringes
MILLWRIGHT.......................$ 37.65 14.54
----------------------------------------------------------------
CARP0441-001 05/01/2022
Rates Fringes
PILEDRIVERMAN....................$ 34.62 13.45
----------------------------------------------------------------
ELEC0026-016 12/06/2021
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 50.00 20.49
----------------------------------------------------------------
ELEC0026-017 09/07/2022
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 33.95 11.39
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or wherever
the fire alarm system is installed in conduit. All HVAC
control work.
----------------------------------------------------------------
10/10/23, 8:23 AM SAM.gov
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ELEV0010-001 01/01/2023
Rates Fringes
ELEVATOR MECHANIC................$ 52.49 37.335+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly rate
for 5 years or more of service; 6% of basic hourly rate for
6 months to 5 years of service as vacation pay credit.
----------------------------------------------------------------
IRON0005-005 06/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL AND
ORNAMENTAL.......................$ 36.10 25.19
----------------------------------------------------------------
IRON0005-012 05/01/2023
Rates Fringes
IRONWORKER, REINFORCING..........$ 30.70 23.33
----------------------------------------------------------------
LABO0011-009 06/01/2022
Rates Fringes
LABORER: Skilled................$ 27.48 8.98
FOOTNOTE: Potmen, power tool operator, small machine
operator, signalmen, laser beam operator, waterproofer
(excluding roofing), open caisson, test pit, underpinning,
pier hole and ditches, laggers and all work associated with
lagging that is not expressly stated, strippers, operator
of hand derricks, vibrator operators, pipe layers, or tile
layers, operators of jackhammers, paving breakers, spaders
or any machine that does the same general type of work,
carpenter tenders, scaffold builders, operators of
towmasters, scootcretes, buggymobiles and other machines of
similar character, operators of tampers and rammers and
other machines that do the same general type of work,
whether powered by air, electric or gasoline, builders of
trestle scaffolds over one tier high and sand blasters,
power and chain saw operators used in clearing, installers
of well points, wagon drill operators, acetylene burners
and licensed powdermen, stake jumper,demolition.
----------------------------------------------------------------
MARB0002-004 04/30/2023
Rates Fringes
MARBLE/STONE MASON...............$ 43.16 20.28
INCLUDING pointing, caulking and cleaning of All types of
masonry, brick, stone and cement EXCEPT pointing, caulking,
cleaning of existing masonry, brick, stone and cement
(restoration work)
----------------------------------------------------------------
10/10/23, 8:23 AM SAM.gov
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MARB0003-006 04/30/2023
Rates Fringes
TERRAZZO WORKER/SETTER...........$ 33.41 12.67
----------------------------------------------------------------
MARB0003-007 04/30/2023
Rates Fringes
TERRAZZO FINISHER................$ 27.68 11.63
----------------------------------------------------------------
MARB0003-008 04/30/2023
Rates Fringes
TILE SETTER......................$ 33.41 12.67
----------------------------------------------------------------
MARB0003-009 04/30/2023
Rates Fringes
TILE FINISHER....................$ 27.68 11.63
----------------------------------------------------------------
PAIN0051-014 06/01/2023
Rates Fringes
GLAZIER
Glazing Contracts $2
million and under...........$ 30.52 13.85
Glazing Contracts over $2
million.....................$ 34.76 13.85
----------------------------------------------------------------
PAIN0051-015 06/01/2022
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher............$ 26.61 11.41
----------------------------------------------------------------
PLAS0891-005 07/01/2021
Rates Fringes
PLASTERER (Including
Fireproofing)....................$ 30.53 7.93
----------------------------------------------------------------
PLAS0891-006 02/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 28.82 11.68
----------------------------------------------------------------
* PLUM0005-010 08/01/2023
Rates Fringes
PLUMBER..........................$ 49.00 23.46+a
a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
10/10/23, 8:23 AM SAM.gov
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----------------------------------------------------------------
PLUM0602-008 08/01/2023
Rates Fringes
PIPEFITTER, Includes HVAC
Pipe Installation................$ 50.27 23.32+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
----------------------------------------------------------------
ROOF0030-016 07/01/2022
Rates Fringes
ROOFER...........................$ 32.26 14.71
----------------------------------------------------------------
SFDC0669-002 04/01/2023
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 40.46 25.22
----------------------------------------------------------------
SHEE0100-015 11/01/2021
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 44.37 21.33+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day
----------------------------------------------------------------
* SUDC2009-003 05/19/2009
Rates Fringes
LABORER: Common or General......$ 13.04 ** 2.80

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

LABORER: Mason Tender for
pointing, caulking, cleaning
of existing masonry, brick,
stone and cement structures
(restoration work); excludes
pointing, caulking and
cleaning of new or
replacement masonry, brick,
stone and cement.................$ 11.67 **

POINTER, CAULKER, CLEANER,
Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
work); excludes pointing,
10/10/23, 8:23 AM SAM.gov
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caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.88
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($16.20) or 13658
($12.15). Please see the Note at the top of the wage
determination for more information.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
10/10/23, 8:23 AM SAM.gov
https://sam.gov/wage-determination/DC20230002/9 8/9
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
10/10/23, 8:23 AM SAM.gov
https://sam.gov/wage-determination/DC20230002/9 9/9
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISIO"

Page 107 of 121

Exhibit G2 – Title 29 Code of Federal Regulations (“CFR”) Part 5.5

115
Office of the Secretary of Labor § 5.5
been certified by the Secretary of
Transportation in accordance with 23
U.S.C. 113(c).
(4) A distinct classification of ‘‘help-
er’’ will be issued in wage determina-
tions applicable to work performed on
construction projects covered by the
labor standards provisions of the
Davis-Bacon and Related Acts only
where:
(i) The duties of the helper are clear-
ly defined and distinct from those of
any other classification on the wage
determination;
(ii) The use of such helpers is an es-
tablished prevailing practice in the
area; and
(iii) The helper is not employed as a
trainee in an informal training pro-
gram. A ‘‘helper’’ classification will be
added to wage determinations pursuant
to § 5.5(a)(1)(ii)(A) only where, in addi-
tion, the work to be performed by the
helper is not performed by a classifica-
tion in the wage determination.
(o) Every person performing the du-
ties of a laborer or mechanic in the
construction, prosecution, completion,
or repair of a public building or public
work, or building or work financed in
whole or in part by loans, grants, or
guarantees from the United States is
employed regardless of any contractual
relationship alleged to exist between
the contractor and such person.
(p) The term wages means the basic
hourly rate of pay; any contribution ir-
revocably made by a contractor or sub-
contractor to a trustee or to a third
person pursuant to a bona fide fringe
benefit fund, plan, or program; and the
rate of costs to the contractor or sub-
contractor which may be reasonably
anticipated in providing bona fide
fringe benefits to laborers and mechan-
ics pursuant to an enforceable commit-
ment to carry out a financially respon-
sible plan of program, which was com-
municated in writing to the laborers
and mechanics affected. The fringe
benefits enumerated in the Davis-
Bacon Act include medical or hospital
care, pensions on retirement or death,
compensation for injuries or illness re-
sulting from occupational activity, or
insurance to provide any of the fore-
going; unemployment benefits; life in-
surance, disability insurance, sickness
insurance, or accident insurance; vaca-
tion or holiday pay; defraying costs of
apprenticeship or other similar pro-
grams; or other bona fide fringe bene-
fits. Fringe benefits do not include ben-
efits required by other Federal, State,
or local law.
(q) The term wage determination in-
cludes the original decision and any
subsequent decisions modifying, super-
seding, correcting, or otherwise chang-
ing the provisions of the original deci-
sion. The application of the wage deter-
mination shall be in accordance with
the provisions of § 1.6 of this title.
[48 FR 19541, Apr. 29, 1983, as amended at 48
FR 50313, Nov. 1, 1983; 55 FR 50149, Dec. 4,
1990; 57 FR 19206, May 4, 1992; 65 FR 69693,
Nov. 20, 2000; 65 FR 80278, Dec. 20, 2000]
§§ 5.3–5.4 [Reserved]
§ 5.5 Contract provisions and related
matters.
(a) The Agency head shall cause or
require the contracting officer to in-
sert in full in any contract in excess of
$2,000 which is entered into for the ac-
tual construction, alteration and/or re-
pair, including painting and deco-
rating, of a public building or public
work, or building or work financed in
whole or in part from Federal funds or
in accordance with guarantees of a
Federal agency or financed from funds
obtained by pledge of any contract of a
Federal agency to make a loan, grant
or annual contribution (except where a
different meaning is expressly indi-
cated), and which is subject to the
labor standards provisions of any of the
acts listed in § 5.1, the following clauses
(or any modifications thereof to meet
the particular needs of the agency, Pro-
vided, That such modifications are first
approved by the Department of Labor):
(1) Minimum wages. (i) All laborers
and mechanics employed or working
upon the site of the work (or under the
United States Housing Act of 1937 or
under the Housing Act of 1949 in the
construction or development of the
project), will be paid unconditionally
and not less often than once a week,
and without subsequent deduction or
rebate on any account (except such
payroll deductions as are permitted by
regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and
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116
29 CFR Subtitle A (7–1–11 Edition) § 5.5
bona fide fringe benefits (or cash
equivalents thereof) due at time of
payment computed at rates not less
than those contained in the wage de-
termination of the Secretary of Labor
which is attached hereto and made a
part hereof, regardless of any contrac-
tual relationship which may be alleged
to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reason-
ably anticipated for bona fide fringe
benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers
or mechanics are considered wages paid
to such laborers or mechanics, subject
to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contribu-
tions made or costs incurred for more
than a weekly period (but not less
often than quarterly) under plans,
funds, or programs which cover the
particular weekly period, are deemed
to be constructively made or incurred
during such weekly period. Such labor-
ers and mechanics shall be paid the ap-
propriate wage rate and fringe benefits
on the wage determination for the clas-
sification of work actually performed,
without regard to skill, except as pro-
vided in § 5.5(a)(4). Laborers or mechan-
ics performing work in more than one
classification may be compensated at
the rate specified for each classifica-
tion for the time actually worked
therein: Provided, That the employer’s
payroll records accurately set forth the
time spent in each classification in
which work is performed. The wage de-
termination (including any additional
classification and wage rates con-
formed under paragraph (a)(1)(ii) of
this section) and the Davis-Bacon post-
er (WH–1321) shall be posted at all
times by the contractor and its sub-
contractors at the site of the work in a
prominent and accessible place where
it can be easily seen by the workers.
(ii)(A) The contracting officer shall
require that any class of laborers or
mechanics, including helpers, which is
not listed in the wage determination
and which is to be employed under the
contract shall be classified in conform-
ance with the wage determination. The
contracting officer shall approve an ad-
ditional classification and wage rate
and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the
classification requested is not per-
formed by a classification in the wage
determination; and
(2) The classification is utilized in
the area by the construction industry;
and
(3) The proposed wage rate, including
any bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage determina-
tion.
(B) If the contractor and the laborers
and mechanics to be employed in the
classification (if known), or their rep-
resentatives, and the contracting offi-
cer agree on the classification and
wage rate (including the amount des-
ignated for fringe benefits where appro-
priate), a report of the action taken
shall be sent by the contracting officer
to the Administrator of the Wage and
Hour Division, Employment Standards
Administration, U.S. Department of
Labor, Washington, DC 20210. The Ad-
ministrator, or an authorized rep-
resentative, will approve, modify, or
disapprove every additional classifica-
tion action within 30 days of receipt
and so advise the contracting officer or
will notify the contracting officer
within the 30-day period that addi-
tional time is necessary.
(C) In the event the contractor, the
laborers or mechanics to be employed
in the classification or their represent-
atives, and the contracting officer do
not agree on the proposed classifica-
tion and wage rate (including the
amount designated for fringe benefits,
where appropriate), the contracting of-
ficer shall refer the questions, includ-
ing the views of all interested parties
and the recommendation of the con-
tracting officer, to the Administrator
for determination. The Administrator,
or an authorized representative, will
issue a determination within 30 days of
receipt and so advise the contracting
officer or will notify the contracting
officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe
benefits where appropriate) determined
pursuant to paragraphs (a)(1)(ii) (B) or
(C) of this section, shall be paid to all
workers performing work in the classi-
fication under this contract from the
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117
Office of the Secretary of Labor § 5.5
first day on which work is performed in
the classification.
(iii) Whenever the minimum wage
rate prescribed in the contract for a
class of laborers or mechanics includes
a fringe benefit which is not expressed
as an hourly rate, the contractor shall
either pay the benefit as stated in the
wage determination or shall pay an-
other bona fide fringe benefit or an
hourly cash equivalent thereof.
(iv) If the contractor does not make
payments to a trustee or other third
person, the contractor may consider as
part of the wages of any laborer or me-
chanic the amount of any costs reason-
ably anticipated in providing bona fide
fringe benefits under a plan or pro-
gram, Provided, That the Secretary of
Labor has found, upon the written re-
quest of the contractor, that the appli-
cable standards of the Davis-Bacon Act
have been met. The Secretary of Labor
may require the contractor to set aside
in a separate account assets for the
meeting of obligations under the plan
or program.
(2) Withholding. The (write in name of
Federal Agency or the loan or grant re-
cipient) shall upon its own action or
upon written request of an authorized
representative of the Department of
Labor withhold or cause to be withheld
from the contractor under this con-
tract or any other Federal contract
with the same prime contractor, or any
other federally-assisted contract sub-
ject to Davis-Bacon prevailing wage re-
quirements, which is held by the same
prime contractor, so much of the ac-
crued payments or advances as may be
considered necessary to pay laborers
and mechanics, including apprentices,
trainees, and helpers, employed by the
contractor or any subcontractor the
full amount of wages required by the
contract. In the event of failure to pay
any laborer or mechanic, including any
apprentice, trainee, or helper, em-
ployed or working on the site of the
work (or under the United States Hous-
ing Act of 1937 or under the Housing
Act of 1949 in the construction or de-
velopment of the project), all or part of
the wages required by the contract, the
(Agency) may, after written notice to
the contractor, sponsor, applicant, or
owner, take such action as may be nec-
essary to cause the suspension of any
further payment, advance, or guar-
antee of funds until such violations
have ceased.
(3) Payrolls and basic records. (i) Pay-
rolls and basic records relating thereto
shall be maintained by the contractor
during the course of the work and pre-
served for a period of three years there-
after for all laborers and mechanics
working at the site of the work (or
under the United States Housing Act of
1937, or under the Housing Act of 1949,
in the construction or development of
the project). Such records shall contain
the name, address, and social security
number of each such worker, his or her
correct classification, hourly rates of
wages paid (including rates of contribu-
tions or costs anticipated for bona fide
fringe benefits or cash equivalents
thereof of the types described in sec-
tion 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours
worked, deductions made and actual
wages paid. Whenever the Secretary of
Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any la-
borer or mechanic include the amount
of any costs reasonably anticipated in
providing benefits under a plan or pro-
gram described in section 1(b)(2)(B) of
the Davis-Bacon Act, the contractor
shall maintain records which show that
the commitment to provide such bene-
fits is enforceable, that the plan or pro-
gram is financially responsible, and
that the plan or program has been com-
municated in writing to the laborers or
mechanics affected, and records which
show the costs anticipated or the ac-
tual cost incurred in providing such
benefits. Contractors employing ap-
prentices or trainees under approved
programs shall maintain written evi-
dence of the registration of apprentice-
ship programs and certification of
trainee programs, the registration of
the apprentices and trainees, and the
ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit
weekly for each week in which any
contract work is performed a copy of
all payrolls to the (write in name of ap-
propriate federal agency) if the agency
is a party to the contract, but if the
agency is not such a party, the con-
tractor will submit the payrolls to the
applicant, sponsor, or owner, as the
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118
29 CFR Subtitle A (7–1–11 Edition) § 5.5
case may be, for transmission to the
(write in name of agency). The payrolls
submitted shall set out accurately and
completely all of the information re-
quired to be maintained under 29 CFR
5.5(a)(3)(i), except that full social secu-
rity numbers and home addresses shall
not be included on weekly transmit-
tals. Instead the payrolls shall only
need to include an individually identi-
fying number for each employee (e.g.,
the last four digits of the employee’s
social security number). The required
weekly payroll information may be
submitted in any form desired. Op-
tional Form WH–347 is available for
this purpose from the Wage and Hour
Division Web site at http://www.dol.gov/
esa/whd/forms/wh347instr.htm or its suc-
cessor site. The prime contractor is re-
sponsible for the submission of copies
of payrolls by all subcontractors. Con-
tractors and subcontractors shall
maintain the full social security num-
ber and current address of each covered
worker, and shall provide them upon
request to the (write in name of appro-
priate federal agency) if the agency is a
party to the contract, but if the agency
is not such a party, the contractor will
submit them to the applicant, sponsor,
or owner, as the case may be, for trans-
mission to the (write in name of agen-
cy), the contractor, or the Wage and
Hour Division of the Department of
Labor for purposes of an investigation
or audit of compliance with prevailing
wage requirements. It is not a viola-
tion of this section for a prime con-
tractor to require a subcontractor to
provide addresses and social security
numbers to the prime contractor for its
own records, without weekly submis-
sion to the sponsoring government
agency (or the applicant, sponsor, or
owner).
(B) Each payroll submitted shall be
accompanied by a ‘‘Statement of Com-
pliance,’’ signed by the contractor or
subcontractor or his or her agent who
pays or supervises the payment of the
persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll
period contains the information re-
quired to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5,
the appropriate information is being
maintained under § 5.5 (a)(3)(i) of Regu-
lations, 29 CFR part 5, and that such
information is correct and complete;
(2) That each laborer or mechanic
(including each helper, apprentice, and
trainee) employed on the contract dur-
ing the payroll period has been paid the
full weekly wages earned, without re-
bate, either directly or indirectly, and
that no deductions have been made ei-
ther directly or indirectly from the full
wages earned, other than permissible
deductions as set forth in Regulations,
29 CFR part 3;
(3) That each laborer or mechanic has
been paid not less than the applicable
wage rates and fringe benefits or cash
equivalents for the classification of
work performed, as specified in the ap-
plicable wage determination incor-
porated into the contract.
(C) The weekly submission of a prop-
erly executed certification set forth on
the reverse side of Optional Form WH–
347 shall satisfy the requirement for
submission of the ‘‘Statement of Com-
pliance’’ required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the
above certifications may subject the
contractor or subcontractor to civil or
criminal prosecution under section 1001
of title 18 and section 231 of title 31 of
the United States Code.
(iii) The contractor or subcontractor
shall make the records required under
paragraph (a)(3)(i) of this section avail-
able for inspection, copying, or tran-
scription by authorized representatives
of the (write the name of the agency)
or the Department of Labor, and shall
permit such representatives to inter-
view employees during working hours
on the job. If the contractor or subcon-
tractor fails to submit the required
records or to make them available, the
Federal agency may, after written no-
tice to the contractor, sponsor, appli-
cant, or owner, take such action as
may be necessary to cause the suspen-
sion of any further payment, advance,
or guarantee of funds. Furthermore,
failure to submit the required records
upon request or to make such records
available may be grounds for debar-
ment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—(i) Ap-
prentices. Apprentices will be permitted
to work at less than the predetermined
rate for the work they performed when
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Office of the Secretary of Labor § 5.5
they are employed pursuant to and in-
dividually registered in a bona fide ap-
prenticeship program registered with
the U.S. Department of Labor, Employ-
ment and Training Administration, Of-
fice of Apprenticeship Training, Em-
ployer and Labor Services, or with a
State Apprenticeship Agency recog-
nized by the Office, or if a person is em-
ployed in his or her first 90 days of pro-
bationary employment as an appren-
tice in such an apprenticeship program,
who is not individually registered in
the program, but who has been cer-
tified by the Office of Apprenticeship
Training, Employer and Labor Services
or a State Apprenticeship Agency
(where appropriate) to be eligible for
probationary employment as an ap-
prentice. The allowable ratio of ap-
prentices to journeymen on the job site
in any craft classification shall not be
greater than the ratio permitted to the
contractor as to the entire work force
under the registered program. Any
worker listed on a payroll at an ap-
prentice wage rate, who is not reg-
istered or otherwise employed as stated
above, shall be paid not less than the
applicable wage rate on the wage deter-
mination for the classification of work
actually performed. In addition, any
apprentice performing work on the job
site in excess of the ratio permitted
under the registered program shall be
paid not less than the applicable wage
rate on the wage determination for the
work actually performed. Where a con-
tractor is performing construction on a
project in a locality other than that in
which its program is registered, the ra-
tios and wage rates (expressed in per-
centages of the journeyman’s hourly
rate) specified in the contractor’s or
subcontractor’s registered program
shall be observed. Every apprentice
must be paid at not less than the rate
specified in the registered program for
the apprentice’s level of progress, ex-
pressed as a percentage of the journey-
men hourly rate specified in the appli-
cable wage determination. Apprentices
shall be paid fringe benefits in accord-
ance with the provisions of the appren-
ticeship program. If the apprenticeship
program does not specify fringe bene-
fits, apprentices must be paid the full
amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator de-
termines that a different practice pre-
vails for the applicable apprentice clas-
sification, fringes shall be paid in ac-
cordance with that determination. In
the event the Office of Apprenticeship
Training, Employer and Labor Serv-
ices, or a State Apprenticeship Agency
recognized by the Office, withdraws ap-
proval of an apprenticeship program,
the contractor will no longer be per-
mitted to utilize apprentices at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(ii) Trainees. Except as provided in 29
CFR 5.16, trainees will not be per-
mitted to work at less than the pre-
determined rate for the work per-
formed unless they are employed pur-
suant to and individually registered in
a program which has received prior ap-
proval, evidenced by formal certifi-
cation by the U.S. Department of
Labor, Employment and Training Ad-
ministration. The ratio of trainees to
journeymen on the job site shall not be
greater than permitted under the plan
approved by the Employment and
Training Administration. Every train-
ee must be paid at not less than the
rate specified in the approved program
for the trainee’s level of progress, ex-
pressed as a percentage of the journey-
man hourly rate specified in the appli-
cable wage determination. Trainees
shall be paid fringe benefits in accord-
ance with the provisions of the trainee
program. If the trainee program does
not mention fringe benefits, trainees
shall be paid the full amount of fringe
benefits listed on the wage determina-
tion unless the Administrator of the
Wage and Hour Division determines
that there is an apprenticeship pro-
gram associated with the cor-
responding journeyman wage rate on
the wage determination which provides
for less than full fringe benefits for ap-
prentices. Any employee listed on the
payroll at a trainee rate who is not
registered and participating in a train-
ing plan approved by the Employment
and Training Administration shall be
paid not less than the applicable wage
rate on the wage determination for the
classification of work actually per-
formed. In addition, any trainee per-
forming work on the job site in excess
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29 CFR Subtitle A (7–1–11 Edition) § 5.5
of the ratio permitted under the reg-
istered program shall be paid not less
than the applicable wage rate on the
wage determination for the work actu-
ally performed. In the event the Em-
ployment and Training Administration
withdraws approval of a training pro-
gram, the contractor will no longer be
permitted to utilize trainees at less
than the applicable predetermined rate
for the work performed until an accept-
able program is approved.
(iii) Equal employment opportunity.
The utilization of apprentices, trainees
and journeymen under this part shall
be in conformity with the equal em-
ployment opportunity requirements of
Executive Order 11246, as amended, and
29 CFR part 30.
(5) Compliance with Copeland Act re-
quirements. The contractor shall com-
ply with the requirements of 29 CFR
part 3, which are incorporated by ref-
erence in this contract.
(6) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such
other clauses as the (write in the name
of the Federal agency) may by appro-
priate instructions require, and also a
clause requiring the subcontractors to
include these clauses in any lower tier
subcontracts. The prime contractor
shall be responsible for the compliance
by any subcontractor or lower tier sub-
contractor with all the contract
clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A
breach of the contract clauses in 29
CFR 5.5 may be grounds for termi-
nation of the contract, and for debar-
ment as a contractor and a subcon-
tractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and
Related Act requirements. All rulings and
interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts
1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards.
Disputes arising out of the labor stand-
ards provisions of this contract shall
not be subject to the general disputes
clause of this contract. Such disputes
shall be resolved in accordance with
the procedures of the Department of
Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of
this clause include disputes between
the contractor (or any of its sub-
contractors) and the contracting agen-
cy, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility. (i) By
entering into this contract, the con-
tractor certifies that neither it (nor he
or she) nor any person or firm who has
an interest in the contractor’s firm is a
person or firm ineligible to be awarded
Government contracts by virtue of sec-
tion 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be
subcontracted to any person or firm in-
eligible for award of a Government
contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false
statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety
Standards Act. The Agency Head shall
cause or require the contracting officer
to insert the following clauses set forth
in paragraphs (b)(1), (2), (3), and (4) of
this section in full in any contract in
an amount in excess of $100,000 and sub-
ject to the overtime provisions of the
Contract Work Hours and Safety
Standards Act. These clauses shall be
inserted in addition to the clauses re-
quired by § 5.5(a) or 4.6 of part 4 of this
title. As used in this paragraph, the
terms laborers and mechanics include
watchmen and guards.
(1) Overtime requirements. No con-
tractor or subcontractor contracting
for any part of the conract work which
may require or involve the employ-
ment of laborers or mechanics shall re-
quire or permit any such laborer or me-
chanic in any workweek in which he or
she is employed on such work to work
in excess of forty hours in such work-
week unless such laborer or mechanic
receives compensation at a rate not
less than one and one-half times the
basic rate of pay for all hours worked
in excess of forty hours in such work-
week.
(2) Violation; liability for unpaid wages;
liquidated damages. In the event of any
violation of the clause set forth in
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Office of the Secretary of Labor § 5.5
paragraph (b)(1) of this section the con-
tractor and any subcontractor respon-
sible therefor shall be liable for the un-
paid wages. In addition, such con-
tractor and subcontractor shall be lia-
ble to the United States (in the case of
work done under contract for the Dis-
trict of Columbia or a territory, to
such District or to such territory), for
liquidated damages. Such liquidated
damages shall be computed with re-
spect to each individual laborer or me-
chanic, including watchmen and
guards, employed in violation of the
clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each
calendar day on which such individual
was required or permitted to work in
excess of the standard workweek of
forty hours without payment of the
overtime wages required by the clause
set forth in paragraph (b)(1) of this sec-
tion.
(3) Withholding for unpaid wages and
liquidated damages. The (write in the
name of the Federal agency or the loan
or grant recipient) shall upon its own
action or upon written request of an
authorized representative of the De-
partment of Labor withhold or cause to
be withheld, from any moneys payable
on account of work performed by the
contractor or subcontractor under any
such contract or any other Federal
contract with the same prime con-
tractor, or any other federally-assisted
contract subject to the Contract Work
Hours and Safety Standards Act, which
is held by the same prime contractor,
such sums as may be determined to be
necessary to satisfy any liabilities of
such contractor or subcontractor for
unpaid wages and liquidated damages
as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or
subcontractor shall insert in any sub-
contracts the clauses set forth in para-
graph (b)(1) through (4) of this section
and also a clause requiring the sub-
contractors to include these clauses in
any lower tier subcontracts. The prime
contractor shall be responsible for
compliance by any subcontractor or
lower tier subcontractor with the
clauses set forth in paragraphs (b)(1)
through (4) of this section.
(c) In addition to the clauses con-
tained in paragraph (b), in any con-
tract subject only to the Contract
Work Hours and Safety Standards Act
and not to any of the other statutes
cited in § 5.1, the Agency Head shall
cause or require the contracting officer
to insert a clause requiring that the
contractor or subcontractor shall
maintain payrolls and basic payroll
records during the course of the work
and shall preserve them for a period of
three years from the completion of the
contract for all laborers and mechan-
ics, including guards and watchmen,
working on the contract. Such records
shall contain the name and address of
each such employee, social security
number, correct classifications, hourly
rates of wages paid, daily and weekly
number of hours worked, deductions
made, and actual wages paid. Further,
the Agency Head shall cause or require
the contracting officer to insert in any
such contract a clause providing that
the records to be maintained under this
paragraph shall be made available by
the contractor or subcontractor for in-
spection, copying, or transcription by
authorized representatives of the
(write the name of agency) and the De-
partment of Labor, and the contractor
or subcontractor will permit such rep-
resentatives to interview employees
during working hours on the job.
(The information collection, recordkeeping,
and reporting requirements contained in the
following paragraphs of this section were ap-
proved by the Office of Management and
Budget:
Paragraph OMB Con-
trol Number
(a)(1)(ii)(B) ......................................................... 1215–0140
(a)(1)(ii)(C) ......................................................... 1215–0140
(a)(1)(iv) ............................................................. 1215–0140
(a)(3)(i) ............................................................... 1215–0140,
1215–0017
(a)(3)(ii)(A) ......................................................... 1215–0149
(c) ....................................................................... 1215–0140,
1215–0017
[48 FR 19540, Apr. 29, 1983, as amended at 51
FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4,
1990; 57 FR 28776, June 26, 1992; 58 FR 58955,
Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR
69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]
EFFECTIVE DATE NOTE: At 58 FR 58955, Nov.
5, 1993, § 5.5 was amended by suspending para-
graph (a)(1)(ii) indefinitely.
VerDate Mar<15>2010 15:49 Aug 10, 2011 Jkt 223109 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Q:\29\29V1 ofr150 PsN: PC150

Page 106 of 121

Exhibit H - Design-Builder’s Designated Representatives
Frank Chiaramonte
President
Chiaramonte-Davis, A Joint Venture
2260 Minnesota Avenue, SE
Washington, DC 20020

Page 107 of 121

Exhibit I - Department’s Designated Representatives and Contracting Officers
George G. Lewis
Associate Director & Chief Procurement Officer
Contracts and Procurement Division
Department of General Services
Contracts and Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019

Peter Henry Lyonga
Contracting Officer
Department of General Services
Contracts & Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
Washington, DC 20019
Peterhenry.lyonga@dc.gov

Page 110 of 121

Exhibit J – Standard Contract Provisions (Construction and
Architectural/Engineering)

Standard Contract Provisions - Page 1 of 24
District of Columbia Department of General Services
Standard Contract Provisions
GENERAL PROVISIONS
(Construction Contract)
ARTICLE 1. DEFINITIONS
A. “Government” as used herein means the District of Columbia Department of General Services ,
(DGS) that is a party to a contract.
B. “Executive” as used herein means the elected head of the Government as set forth in [Public Law
93-198 dated December 24, 1973, Title 4, Part B, Section 422(1)] (Or relevant local law).
C. “Contracting Officer” as used herein means the Government official authorized to
execute and administrate the Contract on behalf of the Government. Within DGS, the Director is
the Chief Contracting Officer. The Director may make delegations of procurement authority to
additional contracting officers within DGS.
D. “Contract Documents” or “Contract” as used herein means Addenda, Contract Form, Sta ndard
Contract Provisions, Instructions to Bidders, General Provisions, Labor Provisions, Performance
and P ayment Bonds, Specifications, Special Provisions, Contract Drawings, approved written
Change Orders and Agreements required to acceptably complete the Contract, including
authorized extensions thereof.
ARTICLE 2. SPECIFICATIONS AND DRAWINGS—The Contractor shall keep on the work site a copy of
Contract drawings and specifications and shall at all times give the Contracting Officer access thereto.
Anything mentioned in the specifications and not shown on the Contract drawings, or shown on the
Contract drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned
in both.
There shall be no change orders or equitable adjustments for work related to items appearing in either the
Contract drawing or specifications.
All Contract requirements are equally binding. Each Contract requirement, whether or not omitted
elsewhere in the Contract, is binding as though occurring in any or all parts of the Contract. In case of
discrepancy:
1. The Contracting Officer shall be promptly notified in writing of any error, discrepancy or
omission, apparent or otherwise.
2. Applicable Federal, State, and Municipal Code requirements have priority over: the
Contract form, General Provisions, Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.
3. The Contract form, Standard Contract Provisions, General Provisions and Lab or
Provisions have priority over: Change Orders, Addenda, Contract drawings, Special
Provisions and Specifications.
4. Change Orders have priority over: Addenda, Contract drawings and Specifications.
5. Addenda have priority over: Contract drawings, Special Provisions and Specific ations. A
later dated Addendum has priority over earlier dated Addenda.
6. Special Provisions have priority over: Contract drawings and other specifications.
Standard Contract Provisions - Page 2 of 24
7. Shown and indicated dimensions have priority over scaled dimensions.
8. Original scale drawings and details have priority over any other different scale drawings
and details.
9. Large scale drawings and details have priority over small scale drawings and details.
10. Any adjustment by the Contractor without a prior determination by the Contracting Officer
shall be at his own risk and expense. The Contracting Officer will furnish from time to
time such detail drawings and other information as he may consider necessary, unless
otherwise provided.
ARTICLE 3. CHANGES
A. DESIGNATED CHANGE ORDERS —The Contracting Officer may, at any time, without notice to
the sureties, by written order designated or indicated to be a change order, make any change in
the work within the general scope of the Contract, including but not limited to changes
1. In the Contract drawings and specifications;
2. In the method or manner of performance of the work;
3. In the Government furnished facilities, equipment, materials or services; or
4. Directing acceleration in the performance of the work.
Nothing provided in this Article shall excuse the Contractor from proceeding with the prosecution
of the work so changed.
B. OTHER CHANGE ORDERS —Any other written order or an oral order (which term as used in this
Section (B) shall include direction, instruction, interpretation, or determination) from the
Contracting Officer which causes any such change, shall be treated as a Change Order under
this Article, provided that the Contractor gives the Contracting Officer written notice stating the
date, circumstances and sources of the order and that the Contractor regards the order as a
Change Order.
C. GENERAL REQUIREMENTS —Except as herein provided, no order, statement or conduct of the
Contracting Officer shall be treated as a change under this Article or entitle the Contractor to an
equitable adjustment hereunder. If any change under this Article causes an increase or decrease
in the Contractor’s cost of, or the time required for, the performance of any part of the work under
this Contract whether or not changed by any order, an equitable adjustment shall be made and
the Contract modified in writing accordingly; provided, however, that except for claims based on
defective specifications, no claim for any change under (B) above shall be allowed for any cost
incurred more than 20 days before the Contractor gives written notice as therein required unless
this 20 days is extended by the Contracting Officer and provided further, that in case of defective
drawings and specifications, the equitable adjustment shall include any increased cost
reasonably incurred by the Contractor in attempting to comply with such defective drawings and
specifications.
If the Contractor intends to assert a claim for an equitable adjustment under this Article, he must,
within 30 days after receipt of a written Change Or der under (A) above or the furnishing of a
written notice under (B) above, submit to the Contracting Officer a written statement setting forth
the general nature and monetary extent of such claim, unless this period is extended by the
Contracting Officer. The statement of claim hereunder may be included in the notice under (B)
above.
Standard Contract Provisions - Page 3 of 24
With respect to the notification requirements hereunder, time is of the essence. A failure to
provide timely notice constitutes waiver of the claim. No claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after final payment under the Contract.
D. CHANGE ORDER BREAKDOWN —Contract prices shall be used for Change Order work where
work is of similar nature; no other costs, overhead or profit will be allowed.
Where Contract prices are not appropriate and the nature of the change is known in advance of
construction, the parties shall attempt to agree on a fully justifiable price adjustment and/or
adjustment of completion time.
When Contract prices are not appropriate, or the parties fail to agree on equitable adjustment, or
in processing claims, equitable adjustment for Change Order work shall be per this Article and
Article 4 and shall be based upon the breakdown shown in following subsections 1. through 7.
The Contractor shall assemble a complete cost breakdown that lists and substantiates each item
of work and each item of cost.
1. Labor —Payment will be made for direct labor cost plus indirect labor cost such as
insurance, taxes, fringe benefits and welfare provided such costs are considered
reasonable. Indirect costs shall be itemized and verified by receipted invoices. If
verification is not possible, up to 18 percent of direct labor costs may be allowed. In
addition, up to 20 percent of direct plus indirect labor costs may be allowed for overhead
and profit.
2. Bond —Payment for additional bond cost will be made per bond rate schedule submitted
to the Office of Contracting and Procurement with the executed Contract.
3. Materials —Payment for cost of required materials will be F.O.B. destination (the job site)
with an allowance for overhead and profit.
4. Rented Equipment —Payment for required equipment rented from an outside company
that is neither an affiliate of, nor a subsidiary of, the Contractor will be based on receipted
invoices which shall not exceed rates given in the current edition of the Rental Rate Blue
Book for Construction Equipment published by Data Quest. If actual rental rates exceed
manual rates, written justification shall be furnished to the Contracting Officer for
consideration. No additional allowance will be made for overhead and profit. The
Contractor shall submit written certification to the Contracting Officer that any required
rented equipment is neither owned by nor rented from the Contractor or an affiliate of or
subsidiary of the Contractor.
5. Contractor’s Equipment — Payment for required equipment owned by the Contractor or
an affiliate of the Contractor will be based solely on an hourly rate derived by dividing the
current appropriate monthly rate by 176 hours. No payment will be made under any
circumstances for repair costs, freight and transportation charges, fuel, lubricants,
insurance, any other costs and expenses, or overhead and profit. Payment for such
equipment made idle by delays attributable to the Government will be based on one-half
the derived hourly rate under this subsection.
6. Miscellaneous —No additional allowance will be made for general superintendence, use
of small tools and other costs for which no specific allowance is herein provided.
Standard Contract Provisions - Page 4 of 24
7. Subcontract Work —Payment for additional necessary subcontract work will be based
on applicable procedures in 1. through 6., to which total additional subcontract work up to
an additional 10 percent may be allowed for the Contractor’s overhead and profit.
ARTICLE 4. EQUITABLE ADJUSTMENT OF CONTRACT TERMS
The Contractor is entitled to an equitable adjustment of the contract terms whenever the following
situations develop:
A. DIFFERING SITE CONDITIONS:
1. During the progress of the work, if subsurface or latent physical conditions are encountered
at the site differing materially from those indicated in the contract or if unknown physical
conditions of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the work provided for in the contract, are encountered at
the site, the Contractor, upon discovering such conditions, shall promptly notify the
Contracting Officer in writing of the specific differing conditions before they are disturbed and
before the affected work is performed.
2. Upon written notification, the Contracting Officer will investigate the conditions, and if he/she
determines that the conditions materially differ and cause an increase or decrease in the cost
or time required for the performance of any work under the contract, an adjustment, excluding
loss of anticipated profits, will be made and the contract modified in writing accordingly. The
Contracting Officer will notify the Contractor of his/her determination whether or not an
adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the Contractor will be allowed unless the
Contractor has provided the required written notice; a failure to notify the Contracting Officer
of the changed conditions prior to work being disturbed by said conditions shall constitute a
permanent waiver of all right to compensation related to the changed conditions by the
Contractor.
4. No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.
B. SUSPENSION OF WORK ORDERED BY THE CONTRACTING OFFICER:
1. If the performance of all or any portion of the work is suspended or delayed by the
Contracting Officer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the Contractor believes that
additional compensation and/or contract time is due as a result of such suspension or delay,
the Contractor shall submit to the Contracting Officer in writing a request for equitable
adjustment within seven (7) calendar days of receipt of the notice to resume work. The
request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the Contracting Officer will evaluate the Contractor’s request. If the Contracting
Officer agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by conditions
beyond the control or and not the fault of the contractor, its suppliers, or subcontractors at
any approved tier, and not caused by weather, the Contracting Officer will make an
adjustment (excluding profit) and modify the contract in writing accordingly. The Contracting
Officer will notify the Contract of his/her determination whether or not an adjustment of the
contract is warranted.
3. No contract adjustment will be allowed unless the Contractor has submitted the request for
adjustment within the time prescribed; a failure to submit a request for adjustment in the time
Standard Contract Provisions - Page 5 of 24
prescribed shall constitute waiver of all right to compensation related to the suspension of
work by the Contractor.
4. No contract adjustment will be allowed under this clause to the extent that performance would
have been suspended or delayed by any other cause, or for which an adjustment is provided
for or excluded under any other term of condition of this contract.
C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
1. The Contracting Officer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to satisfactorily
complete the project. Such changes in quantities and alterations shall not invalidate the
contract nor release the surety, and the Contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under
the contract, whether or not changed by any such different quantities or alterations, an
adjustment, excluding loss of anticipated profits, will be made to the contract. The basis for
the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot
be agreed upon, then an adjustment will be made either for or against the Contractor in such
amount as the Contracting Officer may determine to be fair and reasonable.
3. If the alterations or changes in quantities significantly change the character of the work to be
performed under the contract, the altered work will be paid for as provided elsewhere in the
contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
a. When the character of the work as altered differs materially in kind or nature from that
involved or included in the original proposed construction; or
b. When an item of work is increased in excess of 125 percent or decreased below 75
percent of the original contract quantity. Any allowance for an increase in quantity
shall apply only to that portion in excess of 125 percent of original contract item
quantity, or in the case of a decrease below 75 percent, to the actual amount of work
performed.
ARTICLE 5. TERMINATION
TERMINATION GENERALLY- Termination, whether for default or convenience, is not a Government
claim. The Contracting Officer may terminate a contract for default, in whole or in part, if the termination
is in the best interests of the Government, and the Contractor does any of the following:
(a) Fails to deliver the goods or complete the wor k or services within the time specified in the
contract or any modification;
(b) Fails to make sufficient progress on contract performance so as to endanger performance of the
contract within the time specified or in the manner specified in the contract;
(c) Fails or refuses to go forward with the work in accordance with the direction of the Contracting
Officer;
(d) Expresses through word or conduct an intention not to complete the work in accordance with the
directions of the Contracting Officer;
(e) Fails to perform any of the other provisions of the contract;
(f) Materially deviates from the representations and capabilities set forth in the Contractor’s
response to the solicitation.
A termination for default is a final decision of a Contracting Officer. In order to contest a termination for
default, the Contractor must submit a certified request to convert the termination for default to a
termination for convenience with all documents supporting such conversion and comply with all contract
Standard Contract Provisions - Page 6 of 24
provisions and laws relating to terminations for convenience, including the submission of a certified
termination for convenience settlement proposal. The submission of the certified request for conversion to
a termination for convenience and certified termination settlement proposal to the Contracting Officer
must occur prior to 90 days from the date of the Contracting Officer’s final decision.
DELAYS—If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with
such diligence as will insure its completion within the time specified in the Contract, or any extension
thereof, or fails to complete said work within specified time, the Government may, by written notice to the
Contractor, terminate his right to proceed with the work or such part of the work involving the delay. In
such event the Government may take over the work and prosecute the same to completion, by contract or
otherwise, and may take possession of and utilize in completing the work such materials, appliances, and
plant as may have been paid for by the Government or may be on the site of the work and necessary
therefore. Whether or not the Contractor’s right to proceed with the work is terminated, he and his
sureties shall be liable for any liability to the Government resulting from his refusal or failure to complete
the work within the specified time.
If fixed and agreed liquidated damages are provided in the Contract and if the Government does not so
terminate the Contractor’s right to proceed, the resulting damage will consist of such liquidated damages
until the work is completed and accepted.
The Contractor’s right to proceed shall not be so terminated nor the Contractor charged with resulting
damage if:
1. The delay in the completion the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor, including but not restricted to acts of God, acts
of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of
another contractor in the performance of a contract with the Government, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, climatic conditions beyond the normal which
could be anticipated, or delays of subcontractors or suppliers arising from unforeseeable causes
beyond the control and without the fault or negligence of both the Contractor and such
subcontractors or suppliers (the term subcontractors or suppliers shall mean subcontractors or
suppliers at any tier); and
2. The Contractor, within 72 hours from the beginning of any such delay, (unless the Contracting
Officer grants a further period of time before the date of final payment under the Contract) notifies
the Contracting Officer in writing of the causes of delay.
The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time far
completing the work when, in his judgment, the findings of fact justify such an extension, and his findings
of fact shall be final and conclusive on the parties, subject only to appeal as provided in Article 7 herein.
If, after notice of termination of the Contractor’s right to proceed under the provisions of this Article, it is
determined for any reason that the Contractor was not in default under the provisions of this Article, or
that the delay was excusable under the provisions of this Article, the rights and obligations of the parties
shall be in accordance with Article 6 herein. Failure to agree to any such adjustment shall be a dispute
concerning a question of fact within the meaning of Article 7 herein.
The rights and remedies of the Government provided in this Article are in addition to any other rights and
remedies provided by law or under the Contract.
The Government may, by written notice, terminate the Contract or a portion ther eof as a result of an
Executive Order of the President of the United States with respect to the prosecution of war or in the
interest of national defense. When the Contract is so terminated, no claim for loss of anticipated profits
will be permitted.
ARTICLE 6. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
Standard Contract Provisions - Page 7 of 24
A. The performance of work under the Contract may be terminated by the Government in
accordance with this Article in whole, or in part, whenever the Contracting Officer shall
determine that such termination is in the best interest of the Government. Any such termination
shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent
to which performance of work under the Contract is terminated, and the date upon which such
termination becomes effective.
B. After receipt of a Notice of Termination, and except as otherwise directed by the Contracting
Officer, the Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the Notice of
Termination.
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the Contract as is not
terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the performance of
work terminated by the Notice of Termination.
4. Assign to the Government, in the manner, at the times, and to the extent directed by the
Contracting Officer, all of the right, title and interest of the Contractor under the orders and
subcontracts so terminated, in which case the Government shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subcontracts.
5. Settle all outstanding liabilities and all claims arising out of such termination of orders or
subcontracts, with the approval or ratification of the Contracting Officer to the extent he may
require, which approval or ratification shall be final for all purposes of this Article.
6. Transfer title to the Government and deliver in the manner, at the times, and to the extent, if
any, directed by the Contracting Officer
:
a. The fabricated or unfabricated parts, work in progress, completed work, supplies, and
other material procured as a part of, or acquired in connection with, the performance
of the work terminated by the Notice of Termination, and
b. The completed, or partially completed plans, drawings information and other property
which, if the Contract bad been completed, would have been required to be furnished
to the Government.
7. Use his best efforts to sell, in the manner, at the terms, to the extent, and at the
price or prices directed or authorized by the Contracting Officer, any property of the
types referred to in 6 above provided, however, that the Contractor:
a. Shall not be required to extend credit to any purchaser, and
b. May acquire any property under the conditions prescribed and at a price or prices
approved by the Contracting Officer, and
c. Provided further, that the proceeds of any such transfer or disposition shall be applied
in reduction of any payments to be made by the Government to the Contractor under
the Contract or shall otherwise be credited to the price or cost of the work covered by
the Contract or paid in such other manner as the Contracting Officer may direct.
Standard Contract Provisions - Page 8 of 24
8. Complete performance of such part of the work as shall not have been terminated by the
Notice of Termination.
9. Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection and preservation of the property related to the Contract which is in the
possession of the Contractor and in which the Government has or may acquire an
interest.
10. The Contractor shall proceed immediately with the performance of the above
obligations notwithstanding any delay in determining or adjusting the cost, or any item of
reimbursable cost, under this Article.
11. “Plant clearance period” means, for each particular property classification (such as
raw materials, purchased parts and work in progress) at any one plant or location, a
period beginning with the effective date of the termination for convenience and ending 90
days after receipt by the Contracting Officer of acceptable inventory schedules covering
all items of that particular property classification in the termination inventory at that plant
or location, or ending on such later date as may be agreed to by the Contracting Officer
and the Contractor. Final phase of a plant clearance period means that part of a plant
clearance period which occurs alter the receipt of acceptable inventory schedules
covering all items of the particular property classification at the plant or location.
At any time after expiration of the plant clearance period, as defined above, the Contractor
may submit to the Contracting Officer a list, certified as to quantity and quality, of any or
all items of termination inventory not previously disposed of, exclusive of items the
disposition of which has been directed or authorized by the Contracting Officer, and may
request the Government to remove such items or enter into a storage agreement covering
them. Not later than 15 days thereafter, the Government will accept title to such items and
remove them or enter into a storage agreement covering the same; provided, that the list
submitted shall be subject to verification by the Contracting Officer upon removal of the
items or, if the items are stored, within 45 days from the date of submission of the list, and
any necessary adjustments to correct the list as submitted, shall be made prior to final
settlement.
C. After receipt of a Notice of Termination, the Contractor shall submit to the Contracting Officer
his termination claim, in the form with the certification prescribed by the Contracting Officer.
Such claim shall be submitted promptly but in no event later than 90 days from the effective
date of termination, unless one or more extensions in writing are granted by the Contracting
Officer upon request of the Contractor made in writing within such 90 day period or authorized
extension thereof. In the event the Contractor was terminated for default and it asserts that it is
entitled to a termination for convenience, its certified request for the conversion of the default
termination to one for convenience and its certified termination settlement proposal must be
submitted to the Contracting Officer prior to the expiration of 90 days from the date of the
default termination. With respect to a termination for convenience, if the Contracting Officer
determines that the facts justify such action, he may receive and act upon any such termination
claim at any time after such 90 day period or extension thereof. Nothing herein shall be
construed to extend the time for the submission of a claim hereunder for a defaulted Contractor
beyond 90 days from the date of the default termination. Upon failure of the Contractor to
submit his termination claim within the time allowed, the Contracting Officer may, subject to any
review required by the Government’s procedures in effect as of the date of execution of the
Contract, determine, on the basis of information available to him, the amount, if any, due to the
Contractor by reason of the termination and shall thereupon pay to the Contractor the amount
so determined.
D. Subject to the provisions of C above, and subject to any review required by the Government’s
procedures in effect as of the date of execution of the Contract, the Contractor and Contracting
Standard Contract Provisions - Page 9 of 24
Officer may agree upon the whole or any part of the amount or amounts to be paid to the
Contractor by reason of the total or partial te rmination of work pursuant to this Article, which
amount or amounts may include a reasonable allowance for profit on work done; provided, that
such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further reduced
by the Contract price of work not terminated. The Contract shall be amended accordingly, and
the Contractor shall be paid the agreed amount. Nothing in E below prescribing the amount to
be paid to the Contractor in the event of failure of the Contractor and the Contracting Officer to
agree upon the whole amount to be paid to the Contractor by reason of the termination of work
pursuant to this Article, shall be deemed to limit, restrict or otherwise determine or effect the
amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this
paragraph.
E. In the event of the failure of the Contractor and the Contracting Officer to agree as provided in
D above upon the whole amount to be paid to the Contractor by reason of the termination of
work pursuant to this Article, the Contracting Officer shall, subject to any review required by the
Government’s procedures in effect as of the date of execution of the Contract, determine, on
the basis of information available to him, the amount, if any, due the Contractor by reason of
the termination and shall pay to the Contractor the amounts determined by the Contracting
Officer, as follows, but without duplication of any amounts agreed upon in accordance with D
above:
1. With respect to all Contract work performed prior to the effective date of the Notice of
Termination, the total (without duplication of any items) of:
a. The cost of such work;
b. The cost of settling and paying claims arising out of the termination of
work under subcontracts or orders as provided in B 5. above, exclusive
of the amounts paid or payable on account of supplies or materials
delivered or services furnished by the subcontractor prior to the
effective date of the Notice of Termination of work under the Contract,
which amounts shall be included in the cost on account of which
payment is made under E1.a. above; and
c. A sum, as profit on E.1.a. above, determined by the Contracting
Officer to be fair and reasonable; provided however, that if it appears
that the Contractor would have sustained a loss on the entire Contract
had it been completed, no profit shall be included or allowed under this
subparagraph and an appropriate adjustment shall be made reducing
the amount of the settlement to reflect the indicated rate of loss; and
provided further that profit shall be allowed only on preparations made
and work done by the Contractor for the terminated portion of the
Contract but may not be allowed on the Contractor’s settlement
expenses. Anticipatory profits and consequential damages will not be
allowed. Any reasonable method may be used to arrive at a fair profit,
separately or as part of the whole settlement.
2. The reasonable cost of the preservation and protection of property incurred
pursuant to B.9; and any other reasonable cost incidental to termination of work
under the Contract including expense incidental to the determination of the
amount due to the Contractor as the result of the termination of work under the
Contract.
F. The total sum to be paid to me Contractor under E.1. above shall not exceed the total
Contract price as reduced by the amount of payments otherwise made and as further
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reduced by the Contract price of work not terminated. Except for normal spoilage, and
except to the extent that the Government shall have otherwise expressly assumed the risk
of loss, there shall be excluded from the amounts payable to the Contractor under
E.1. above, the fair value, as determined by the Contracting Officer, of property which
is destroyed, lost, stolen or damaged so as to become undeliverable to the Government, or
to a buyer pursuant to B.7 above.
G. The Contractor shall have the right of appeal, under Article 7 herein, from any
determination made by the Contracting Officer under C. or E. above, except that, if the
Contractor has failed to submit his claim within the time provided in C above and has failed to
request extension of such time, he shall have no such right of appeal. In any case where the
Contracting Officer has made a determination of the amount due under C. or E. above, the
Government shall pay to the Contractor the following:
1. If there is no right of appeal hereunder or if no timely appeal has been taken, the
amount so determined by the Contracting Officer, or
2. If an appeal had been taken, the amount finally determined on such appeal.
H. In arriving at the amount due the Contractor under this Article there shall be deducted:
1. all unliquidated advance or other payments on account theretofore made to the
Contractor, applicable to the terminated portion of the Contract;
2. any claim which the Government may have against the Contractor in connection with
the Contract; and
3. the agreed price for, or the proceeds of sale of, any materials, supplies or other things
kept by the Contractor or sold, pursuant to the provisions of this Article and not
otherwise recovered by or credited to the Government.
I. If the termination hereunder be partial, prior to the settlement of the terminated portion of the
Contract, the Contractor may file with the Contracting Officer a request in writing for an
equitable adjustment of the price or prices specified in the Contract relating to the continued
portion of the Contract (the portion not terminated by the Notice of Termination), and such
equitable adjustment as may be agreed upon shall be made at such price or prices; however,
nothing contained herein shall limit the right of the Government and the Contractor to agree
upon the amount or amounts to be paid to the Contractor for the completion of the continued
portion of the Contract when said Contract does not contain an established Contract price for
such continued portion.
J. The Government may from time to time, under such terms and conditions as it may prescribe,
make partial payments against costs incurred by the Contractor in connection with the
terminated portion of the Contract whenever in the opinion of the Contracting Officer the
aggregate of such payments shall be within the amount to which the Contractor will be
entitled hereunder. If the total of such payments is in excess of the amount finally agreed or
determined to be due under this Article, such excess Shall be payable by the Contractor to
the Government upon demand, together with interest computed at the rate of 6 percent per
annum for the period from the date such excess is received by the Contractor to the date on
which such excess is repaid to the Government; provided however, that no interest shall be
charged with respect to any such excess payment attributable to a reduction in the
Contractor’s claim by reason of retention or ot her disposition of termination inventory until ten
days after the date of such retention or disposition, or such later date as determined by the
Contracting Officer by reason of the circumstances.
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K. Unless otherwise provided in the Contract or by applicable statute, the Contractor, from the
effective date of termination and for a period of three years after final settlement under the
Contract, shall preserve and make available to the Government at all reasonable times at the
office of the Contractor, but without direct char ge to the Government, all his books, records,
documents and other evidence bearing on the co sts and expenses of the Contractor under
the Contract and relating to the work terminated hereunder, or, to the extent approved by the
Contracting Officer, photographs and other authentic reproductions thereof.
ARTICLE 7. DISPUTES
A. All disputes arising under or relating to this contract shall be resolved as provided herein.
B. Claims by a Contractor against the Government.
(1) Claim, as used in Section B of this clause, means a written assertion by the Contractor seeking,
as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the
relief sought by the claimant.
(a) All claims by a Contractor against the Government arising under or relating to a contract shall be
in writing and shall be submitted to the Contracting Officer for a decision.
(b) Within 120 days after receipt of a claim, the Contracting Officer shall issue a decision, whenever
possible taking into account factors such as the size and complexity of the claim and the
adequacy of the information in support of the claim provided by the Contractor.
(c) Any failure by the Contracting Officer to issue a decision on a contract claim within the required
time period shall be deemed to be a denial of the claim and shall authorize the commencement of
an appeal on the claim as otherwise provided.
(d) (1) If a Contractor is unable to support any part of his or her claim and it is determined that the
inability is attributable to a material misrepresentation of fact or fraud on the part of the
Contractor, the Contractor shall be liable to the Government for an amount equal to the
unsupported part of the claim in addition to all costs to the Government attributable to the cost of
reviewing that part of the Contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the
misrepresentation of fact or fraud.
(e) All cost data, pricing data, and task data of claims hereunder must be certified as accurate,
complete, required, and necessary to the best of the Contractor’s knowledge and belief. Further,
all task or work data in the claim must be described therein to the smallest unit of work or task.
The Contracting Officer may require any additional certifications, descriptions or explanations of
the claim.
(f) The parties agree that time is of the essence and all claims hereunder must be presented to the
Contracting Officer for a final decision within thirty (30) days of the occurrence of the
circumstances giving rise to such claim or within thirty (30) days of when the Contractor knew or
should have known of the circumstances giving rise to such claim, otherwise compensation for
that claim is waived.
(g) The parties agree that there shall be no claims for unabsorbed home office overhead.
(2) The Contractor’s claim shall contain at least the following:
(a) A description of the claim and the amount in dispute;
(b) Any data or other information in support of the claim;
(c) A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
(d) The Contractor’s request for relief or other action by the Contracting Officer.
(e) The certification of the accuracy, completeness, requirement, and necessity of all aspects of the claim.
(3) The decision of the Contracting Officer shall be final and not subject to review unless an
administrative appeal or action for judicial review is timely commenced by the Contractor.
(4) Pending final decision of an appeal, action, or final settlement, a Contractor shall proceed
diligently with performance of the contract in accordance with the decision of the Contracting Officer.
C. Claims by the Government against a Contractor
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(a) Claim as used in Section C of this clause, means a written demand or written assertion by the
Government, including the Contracting Officer, seeking, as a matter of right, the payment of money in a
sum certain, the adjustment of contract terms, or other relief arising under or relating to this contract. A
claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved
under a contract clause that provides for the relief sought by the claimant. Nothing herein shall be
construed to require the Government to notify the Contractor prior to the issuance of the Contracting
Officer’s final decision.
(b) (1) All claims by the Government against a Contractor arising under or relating to a contract shall be
decided by the Contracting Officer, who shall issue a decision in writing and furnish a copy of the decision
to the Contractor.
(2) The decision shall be supported by reasons and shall inform the Contractor of his or her rights.
Specific findings of fact shall not be required.
(3) This clause shall not authorize the Contracting Officer to settle, compromise, pay, or otherwise adjust
any claim involving fraud.
(4) The decision of the Contracting Officer shall be final and not subject to review unless an administrative
appeal or action for judicial review is timely commenced by the Contractor.
(5) Pending final decision of an appeal, action, or final settlement, the Contractor shall proceed diligently
with performance of the contract in accordance with the decision of the Contracting Officer.
ARTICLE 8. PAYMENTS TO CONTRACTOR —Unless otherwise provided in the Contract, the
Government will pay the contract price or prices as hereinafter provided in accordance with Government
regulations.
The Government will make progress payments monthly as the work proceeds, or at more frequent
intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer.
The Contractor shall furnish a breakdown of the total Contract price showing the amount included
therein for each principal category of the work, in such detail as requested, to provide a basis for
determining progress payments. In the preparation of estimates the Contracting Officer, at his discretion,
may authorize material delivered on the site and preparatory work done to be taken into consideration.
Material delivered to the Contractor at locations other than the site may also be taken into consideration:
1. If such consideration is specifically authorized by the Contract;
2. If the Contractor furnishes satisfactory evidence that he has acquired title to such material, that it
meets Contract requirements and that it will be utilized on the work covered by the Contract; and
3. If the Contractor furnishes to the Contracting Officer an itemized list.
The Contracting Officer at his/her discretion shall cause to be withheld retention in an amount sufficient
to protect the interest of the Government. Unless otherwise agreed, the amount shall not exceed ten
percent (10%) of the partial payment. However, if the Contracting Officer, at any time after 50 percent of
the work has been completed, finds that satisfactory progress is being made, he may authorize any of
the remaining progress payments to be made in full or may retain from such remaining partial payments
less than 10 percent thereof. Also, whenever work is substantially complete, the Contracting Officer, if
he considers the amount retained to be in excess of the amount adequate for the protection of the
Government, at his discretion, may release to the Contractor all or a portion of such excess amount.
Furthermore, on completion and acceptance of each separate building, public work, or other division of
the Contract, on which the price is stated separately in the Contract, payment may be made therefore
without retention of a percentage, less authorized deductions.
All material and work covered by progress payments made shall thereupon become the sole property of
the Government, but this provision shall not be construed as relieving the Contractor from the sole
responsibility for all material and work upon which payments have been made or the restoration of any
damaged work, or as waiving the right of the Government to require the fulfillment of all of the terms of
the Contract.
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Upon completion and acceptance of all work, the amount due the Contractor under the Contract shall be
paid upon presentation at a properly executed voucher and after the Contractor shall have furnished the
Government with a release, if required, of all claims against the Government arising by virtue of the
Contract, other than claims in stated amounts as may be specifically excepted by the Contractor from
the operation of the release.
ARTICLE 9. TRANSFER OR ASSIGNMENT —Unless otherwise provided by law, neither the Contract
nor any interest therein may be transferred or assigned by the Contractor to any other party without the
written consent of the Contracting Officer nor without the written acceptance by the surety on the
performance and payment bond securing the Contract of the assignee as the Contractor and the
principal on such bond; and any attempted transfer or assignment not authorized by this Article shall
constitute a breach of the Contract and the Government may for such cause terminate the right of the
Contractor to proceed in the same manner as provided in Article 5 herein, and the Contractor and his
sureties shall be liable to the Government for any excess cost occasioned the Government thereby.
ARTICLE 10. MATERIAL AND WORKMANSHIP
A. GENERAL —Unless otherwise specifically provided in the Contract, all equipment, material and
articles incorporated in the work covered by the Contract shall be new and of the most suitable
grade for the purpose intended. Unless otherwise specifically provided in the Contract, reference
to any equipment, material, article or patented process, by trade name, make or catalog number,
shall be regarded as establishing a standard of quality and shall not be construed as limiting
competition., and the Contractor may use any equipment, material, article or process which, in
the judgment of the Contracting Officer, is equivalent to that named unless otherwise specified.
The Contractor shall furnish to the Contracting Officer for his approval the name of the
manufacturer, the model number, and other identifying data and information respecting the
performance, capacity, nature and rating of the mechanical and other equipment which the
Contractor contemplates incorporating in the work. Machinery and equipment shall be in proper
condition. When required by the Contract or when called for by the Contracting Officer, the
Contractor shall furnish to the Contracting Office r for approval full information concerning the
material or articles which he contemplates incorporating in the work. When so directed, samples
shall be submitted for approval at the Contractor’s expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles installed or used without required approval shall be
at the risk of subsequent rejection and subject to satisfactory replacement at Contractor’s
expense.
B. SURPLUS MATERIALS USE —Whenever specified in the Contract or authorized by the
Contracting Officer that materials become the property of the Contractor, which by
reference or otherwise shall include disposal of materials, it is understood that the
Contractor accepts such materials “as is” with no further expense or liability to the Government. If
such material specified in the Contract will have a potential or real interest of value, the
Contractor shall make allowance in the Contract to show such value.
C. GOVERNMENT MATERIAL —No materials furnished by the Government shall be applied to any
other use, public or private, than that for which they are issued to the Contractor. The full amount
of the cost to the Government of all materials furnished by the Government to the Contractor and
for which no charge is made, which are not accounted for by the Contractor to the satisfaction of
the Contracting Officer, will be charged against the Contractor and his sureties and may be
deducted from any monies due the Contractor, and this charge shall be in addition to and not in
lieu of any other liabilities of the Contractor whether civil or criminal. Materials furnished by the
Government for which a charge is made at a rate mentioned in the specifications will be delivered
to the Contractor upon proper requisitions therefore and will be charged to his account.
D. Plant —The Contractor shall at all times employ sufficient tools and equipment for prosecuting
the various classes of work to full completion in the manner and time required. The Contractor
shall at all times perform work in sufficient light and shall provide proper illumination, including
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lighting required for night work as directed, as a Contract requirement. All equipment, tools,
formwork and staging used on the project shall be of sufficient size and in proper mechanical and
safe condition to meet work requirements, to produce satisfactory work quality and to prevent
injury to persons, the project or adjacent property. When methods and equipment are not
prescribed in the Contract, the Contractor is free to use tools, methods and equipment that he
satisfactorily demonstrates will accomplish the work in conformity with Contract requirements.
If the Contractor desires to use a method or type of tool or equipment other than specified in the
Contract, he shall request approval to do so; the request shall be in writing and shall include a full
description of proposed methods, tools and equipment and reason for the change or substitution.
Approval of substitutions and changed methods will be on condition that the Contractor will be
fully responsible for producing work meeting Contract requirements. If after trial use of the
substituted methods, tools and equipment, the Contracting Officer determines that work produced
does not meet Contract requirements, the Contractor shall complete remaining work with
specified methods, tools and equipment.
E. CAPABILITY OF WORKERS- All work under the Contract shall be performed in a skillful and
workmanlike manner. The Contracting Officer may require the Contractor to remove from the
work any such employees as the Contracting Officer deems incompetent, careless,
insubordinate, or otherwise objectionable, or whose continued employment on the work is
deemed by the Contracting Officer to be contrary to the public interest. Such request will be in
writing:
F. CONFORMITY OF WORK AND MATERIALS —All work performed and materials and products
furnished shall be in conformity, within indicated tolerances, with lines, grades, cross sections,
details, dimensions, material and construction requirements shown or intended by the drawings
arid specifications.
When materials, products or work cannot be corrected, written notice of rejection will be issued.
Rejected materials, products and work shall be eliminated from the project and acceptably
replaced at Contractor’s expense. The Contracting Officer’s failure to reject any portion of the
project shall not constitute implied acceptance nor in any way release the Contractor from
Contract requirements.
G. UNAUTHORIZED WORK AND MATERIALS —Work performed or materials ordered or
furnished for the project deviating from requirements and specifications without written authority,
will be considered unauthorized and at Contractor’s expense. The Government is not obligated to
pay for unauthorized work. Unauthorized work and materials may be ordered removed and
replaced at Contractor’s expense.
ARTICLE 11. INSPECTION AND ACCEPTANCE —Except as otherwise provided in the Contract,
inspection and test by the Government of material and workmanship required by the Contract shall be
made at reasonable times and at the site of the work, unless the Contracting Officer determines that such
inspection or test of material which is to be incorporated in the work shall be made at the place of
production, manufacture or shipment of such material. To the extent specified by the Contracting Officer
at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as
to whether the material involved conforms to Contract requirements. Such off-site inspection or test shall
not relieve the Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in
any way affect the continuing rights of the Government after acceptance of the completed work under the
terms of the last paragraph of this Article, except as herein above provided.
The Contractor shall, without charge, replace any material and correct any workmanship found by the
Government not to conform to Contract requirements and specifications, unless in the public interest the
Government consents to accept such material or workmanship with an appropriate adjustment in Contract
price. The Contractor shall promptly segregate and remove rejected material from the premises at
Contractor’s expense.
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If the Contractor does not promptly replace rejected material or correct rejected workmanship, the
Government:
1. May, by contract or otherwise, replace such material and correct such workmanship and
charge the cost thereof to the Contractor, or
2. May terminate the Contractor’s right to proceed in accordance with Article 5 herein.
The Contractor shall furnish promptly, without additional cost to the Government, all facilities,
labor and material reasonably needed for performing such safe and convenient inspection and
test as may be required by the Contracting Officer. All inspections and tests by the Government
shall be performed in such manner as not unnecessarily to delay the work. Special, full size, and
performance tests shall be performed as described in the Contract. The Contractor shall be
charged with any additional cost of inspection when material and workmanship are not ready for
inspection at the time specified by the Contractor.
Should it be considered necessary or advisable by the Contracting Officer at any time before
acceptance of the work, either in part or in its entirety, to make an examination of work
completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all
necessary facilities, labor and material to do same. If such work is found to be defective or
nonconforming in any material respect, due to the fault of the Contractor or his subcontractors, he
shall defray all the expenses of such examination and of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, an equitable adjustment shall be
made in the Contract price to compensate the Contractor for the additional services involved in
such examination and reconstruction and, if completion of the work has been delayed thereby, he
shall, in addition, be granted an equitable extension of time.
Unless otherwise provided in the Contract, acceptance by the Government will be made as
promptly as practicable after completion and inspection of all work required by the Contract.
Acceptance shall be final and conclusive except as regards to latent defects, deficiencies, non-
conforming work, fraud, or such gross mistakes as may amount to fraud, or as regards the
Government’s rights under any warranty or guaranty, or as otherwise provided herein.
ARTICLE 12. SUPERINTENDENCE BY CONTRACTOR —The Contractor shall give his personal
superintendence to the performance of the work or have a competent foreman or superintendent,
satisfactory to the Contracting Officer, on the work site at all times during progress, with authority to act
for him.
ARTICLE 13. PERMITS AND RESPONSIBILITIES —The Contractor shall, without expense to the
Government, be responsible for obtaining any necessary licenses, certificates and permits, and for
complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection
with the prosecution of the work. He shall be similarly responsible for all damages to persons or property
that occurs as a result of his fault or negligence. He shall take proper safe ty, health and environmental
precautions to protect the work, the workers, the public, and the property of others. He shall also be
responsible for all materials delivered and work performed until completion and acceptance of the entire
construction work, except for any completed unit of construction thereof which theretofore may have been
accepted.
ARTICLE 14. INDEMNIFICATION—
A. The Contractor shall indemnify and save harmless the Government and all of its officers, agents
and servants against any and all claims or liability arising from or based on, or as a consequence
or result of, any act, omission or default of the Contractor, his employees, or his subcontractors,
in the performance of, or in connection with, any work required, contemplated or performed under
the Contract.
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B. Disputes between the Contractor and any subcontractors, material suppliers, or any other third
parties over payments allegedly owed by the Contra ctor to a third party shall be resolved
exclusively between the Contractor and the third party; the Contractor shall permit no pass-
through suits to be brought against the Government by a third party in the Contractor’s name.
However, nothing herein shall be construed to prevent the Contractor from paying a
subcontractor’s claim and seeking a timely equitable adjustment hereunder.
ARTICLE 15. PROTECTION AGAINST TRESPASS —Except as otherwise expressly provided in the
Contract, the Contractor is authorized to refuse admi ssion either to the premises or to the working space
covered by the Contract to any person whose admissi on is not specifically authorized in writing by the
Contracting Officer.
ARTICLE 16. CONDITIONS AFFECTING THE WORK
A. GENERAL —The Contractor shall be responsible for having taken steps reasonably
necessary to ascertain the nature and location of the work, and the general and local conditions
which can affect the work and the cost thereof. Any failure by the Contractor to do so will not
relieve him from responsibility for successfully performing the work as specified without additional
expense to the Government. The Government assumes no responsibility for any understanding or
representation concerning conditions made by any of its officers or agents prior to the execution of
the Contract, unless such understanding or representation by the Government is expressly stated
in the Contract.
B. WORK AND STORAGE SPACE—Available work and storage space designated by the
Government shall be developed as required by the Contract or restored at completion of the
project by the Contractor to a condition equivalent to that existing prior to construction. No payment
will be made for furnishing or restoration of any work and storage space. If no area is designated
or the area designated is not sufficient for the Contractor’s operations, he shall obtain necessary
space elsewhere at no expense or liability to the Government.
C. WORK ON SUNDAYS, LEGA L HOLIDAYS AND AT NIGHT —No work shall be done at any time
on Sundays or legal holidays or on any other day before 7 a.m. or after 7 p.m., except with the
written permission of the Contracting Officer and pursuant to the requirements of the Police
Requirements of the Government.
D. EXISTING FEATURES —Subsurface and topographic information including borings data, utilities
data and other physical data contained in the Contract or otherwise available, are not intended as
representations or warranties but are furnished as available information. The Government
assumes no expense or liability for the accuracy of, or interpretations made from, existing features.
The Contractor shall be responsible for reasonable consideration of existing features above and
below ground which may affect the project.
E. UTILITIES AND VAULTS —The Contractor shall take necessary measures to prevent interruption
of service or damage to existing utilities within or adjacent to the project. It shall be the Contractor’s
responsibility to determine exact locations of all utilities in the field.
For any underground utility or vault encountered, the Contractor shall immediately notify the
Contracting Officer and take necessary measures to protect the utility or vault and maintain the
service until relocation by owner is accomplished. No additional payment will be made for the
encountering of these obstructions.
In case of damage to utilities by the Contractor, either above or below ground, the Contractor shall
restore such utilities to a condition equivalent to that which existed prior to the damage by
repairing, rebuilding or otherwise restoring as may be directed, at the Contractor’s sole expense.
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Damaged utilities shall be repaired by the Contractor or, when directed by the Contracting Officer,
the utility owner will make needed repairs at the Contractor’s expense.
No compensation, other than authorized time extensions, will be allowed the Contractor for
protective measures, work interruptions, changes in construction sequence, changes in methods of
handling excavation and drainage or changes in types of equipment used, made necessary by
existing utilities, imprecise utility or vault information or by others performing work within or
adjacent to the project.
F. SITE MAINTENANCE —The Contractor shall maintain the project site in a neat and presentable
manner throughout the course of all operations, and shall be responsible for such maintenance
until final acceptance by the Government. Trash containers shall be furnished, maintained and
emptied by the Contractor to the satisfaction of the Contracting Officer. Excavated earthwork,
stripped forms and all other materials and debris not scheduled for reuse in the project shall be
promptly removed from the site.
The Contracting Officer may order the Contractor to clean up the project site at any stage of work
at no added expense to the Government If the Contractor fails to comply with this order, the
Contracting Officer may require the work to be done by others and the costs will be charged to the
Contractor.
Upon completion of all work and prior to final inspection, the Contractor shall clean up and remove
from the project area and adjacent areas all excess materials, equipment, temporary structures,
and refuse, and restore said areas to an acceptable condition.
G. PRIVATE WORK —Except as specifically authorized by the Contracting Officer, the Contractor
shall not perform any private work abutting Government projects with any labor, materials, tools,
equipment, supplies or supervision scheduled for the Contract until all work under the Contract has
been completed. Contract materials used for any unauthorized purpose shall be subtracted from
Contract amount.
H. GOVERNMENT NOISE CONTROL ACT OF 1977 —The contractor shall be in strict compliance
with [D.C. Law 2-53, Government of Columbia Noise Control Act of 1977 and all provisions thereof.
Effective March 16, 1978. 24 D.C.Register 5293.] (Or relevant local law)
ARTICLE 17. OTHER CONTRACTS —The Government may undertake or award other contracts for
additional work and the Contractor shall fully cooperate with such other contractors and Government
employees and carefully coordinate his own work with such additional work as may be directed by the
Contracting Officer. It is the duty of the Contractor to coordinate its activities with all third parties,
including, but not limited to utilities, who may affect the Contract work hereunder. The Contractor shall
not commit or permit any act which will interfere with the performance of work by any other contractor or
by Government employees. The Government assumes no liability, other than authorized time extensions,
for Contract delays and damages resulting from delays and lack of progress by others. The Contractor
shall make no claim against the Government for delay or damages resulting from the actions of third
parties, including, but limited to utilities.
ARTICLE 18. PATENT INDEMNITY—Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employees against liability, including costs and expenses,
for infringement upon any Letters Patent of the United States (except Letters Patent issued upon an
application which is now or may hereafter be, for reasons of national security, ordered by the Federal
Government to be kept classified or otherwise withheld from issue) arising out of the performance of the
Contract or out of the use or disposal, by or for the account of the Government, of supplies furnished or
construction work performed hereunder.
ARTICLE 19. ADDITIONAL BOND SECURITY —If any surety upon any bond furnished in connection
with the Contract becomes unacceptable to the Government, or if any such surety fails to furnish reports
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as to his financial condition from time to time as requested by the Government, the Contractor shall
promptly furnish such additional security as may be required from time to time to protect the interests of
the Government and of persons supplying labor or materials in the prosecution of the work contemplated
by the Contract. Provided that upon the failure of the Contractor to furnish such additional security within
ten (10) days after written notice so to do, all payments under the Contract will be withheld until such
additional security is furnished.
ARTICLE 20. COVENANT AGAINST CONTINGENT FEES—The Contractor warrants that no person or
selling agency has been employed or retained to solicit or secure the Contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the Government shall have the
right to terminate the Contract without liability or in its discretion to deduct from the Contract price or
consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or
contingent fee.
ARTICLE 21. APPOINTMENT OF ATTORNEY —The Contractor does hereby irrevocably designate and
appoint the Clerk of the Superior Court of the Govern ment and his successors in office as the true and
lawful attorney of the Contractor for the purpose of receiving service of all notices and processes issued
by any court in the Government, as well as service of all pleadings and other papers, in relation to any
action or legal proceeding arising out of or pertaining to the Contract or the work required or performed
hereunder.
The Contractor expressly agrees that the validity of any service upon the said Clerk as herein authorized
shall not be affected either by the fact that the Contractor was personally within the District of Columbia
and otherwise subject to personal service at the time of such service upon the said Clerk or by the fact
that the Contractor failed to receive a copy of such process, notice, pleading or other paper so served
upon the said Clerk, provided that said Clerk shall have deposited in the United States mail, certified and
postage prepaid, a copy of such process, notice, pleading or other papers addressed to the Contractor at
the address stated in the Contract.
ARTICLE 22. GRATUITIES AND GOVERNMENT EMPLOYEES NOT TO BENEFIT
A. If it is found by the Department that gratuities (in the form of entertainment, gifts, payment, offers
of employment or otherwise) were offered or given by the Contractor, or any agent or
representative of the Contractor, to any official, employee or agent of the District with a view
toward securing the Contract or any other contract or securing favorable treatment with respect to
the awarding or amending, or the making of any determinations with respect to the performance
of the Contract, the Department may, by written notice to the Contractor, terminate the right of the
Contractor to proceed under the Contract without liability and may pursue such other rights and
remedies provided by law and under the Contract.
B. In the event the Contract is terminated as provided above, the Department shall be entitled:
1. to pursue the same remedies against the Contractor as it could pursue in the event of a
breach of the Contract by the Contractor; and
2. as a penalty in addition to any other damages to which it may be entitled by law, to exemplary
damages in an amount (as determined by the Department) which shall be not less than ten
times the costs incurred by the Contractor in providing any such gratuities to any such officer
or employee.
C. Unless a determination is made as provided herein, no officer or employee of the Government will
be admitted to any share or part of this contract or to any benefit that may arise therefrom, and
any contract made by the Contracting Officer or any Government employee authorized to execute
contracts in which they or an employee of the Government will be personally interested shall be
Standard Contract Provisions - Page 19 of 24
void, and no payment shall be made thereon by the Government or any officer thereof, but this
provision shall not be construed to extend to this contract if made with a corporation for its
general benefit. A Government employee shall not be a party to a contract with the Government
and will not knowingly cause or allow a business concern or other organization owned or
substantially owned or controlled by the employee to be a party to such a contract, unless a
written determination has been made by the head of the procuring agency that there is a
compelling reason for contracting with the employee, such as when the Government’s needs
cannot reasonably otherwise be met. [DC Procurement Practices Act of l985, D.C. Law 6-85,
D.C. Official Code, section 2-310.01, and Chapter 18 of the DC Personnel Regulations] (Or
relevant local law). The Contractor represents and covenants that it presently has no interest and
shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance of its services hereunder. The Contractor further covenants not to employ any
person having such known interests in the performance of the contract.
ARTICLE 23. WAIVER —No Governmental waiver of any breach of any provision of the Contract shall
operate as a waiver of such provision or of the Contract or as a waiver of subsequent or other breaches
of the same or any other provision of the Contract; nor shall any action or non-action by the Contracting
Officer or by the Government be construed as a waiver of any provision of the Contract or of any breach
thereof unless the same has been expressly declared or recognized as a waiver by the Contracting
Officer or the Government in writing.
ARTICLE 24. BUY AMERICAN.
The Contractor shall comply with the provisions of the Buy American Act (41 U.S.C. § 10a), including, but
not limited to, the purchase of steel.
A. AGREEMENT— In accordance with the Buy American Act (41 USC l0a-l0d), and Executive Order
10582. December 17, 1954 (3 CFR, 1954-58 Comp., p. 230), as amended by Executive Order
11051, September 27,1962 (3 CFR, l059—63 Comp., p. 635), the Contractor agrees that only
domestic construction material will be used by the Contractor, subcontractors, material men and
suppliers in the performance of the Contract, except for non-domestic material listed in the
Contract.
B. DOMESTIC CONSTRUCTION MATERIAL —”Construction material” means any article, material
or supply brought to the construction site for incorporation in the building or work. An
unmanufactured construction material is a “domestic construction material” if it has been mined or
produced in the United States. A manufactured 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. -
C. 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.
D. FOREIGN MATERIAL – When steel materials are used in a project a minimal use of foreign steel
is permitted. The cost of such materials cannot exceed on-tenth of one percent of the total
project cost, or $2,500,000, whichever is greater.
ARTICLE 25. TAXES
Standard Contract Provisions - Page 20 of 24
A. FEDERAL EXCISE —Materials, supplies and equipment are not subject to the Federal
Manufacturer’s Excise Tax, if they are furnished or used in connection with the Contract provided
that title to such materials, supplies and equipment passes to the Government under the
Contract. The Contractor shall in such cases furnish his subcontractors and suppliers with a
purchaser’s certificate in the form prescribed by the U.S. Internal Revenue Service.
B. SALES AND USE TAXES —Materials which are physically incorporated as a permanent part of
real property are not subject to Government Sales and Use Tax. The Contractor shall, when
purchasing such materials, furnish his suppliers with a Contractor’s Exempt Purchase Certificate
in the form prescribed in the Sales and Use Tax Regulations of the Government. Where the
Contractor, subcontractor or material man has already paid the Sales and Use Tax on material,
as prescribed above, the Sales and Use Tax Regulations of the Government permit the
Contractor, subcontractor or material man to deduct the sales or use tax on the purchase price of
the same on his next monthly return as an adjustment. However, the Contractor, subcontractor or
material man must satisfy the Chief Financial Officer for the Government that no sum in
reimbursement of such tax was included in the Contract or else that the Government has
received a credit under the Contract in an amount equal to such tax.
Government Sales and Use Tax shall be paid on any material and supplies, including equipment
rentals, which do not become a physical part of the finished project. [See Government of
Columbia Sales and Use Tax Administration Ruling No. 6] (Or relevant local law).
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
provisions of [D.C. Law 9-260] (Or relevant local law), as amended, codified in [D.C. Code46-103]
(Or relevant local law), Employer Contributions, prior to award.
The Contractor, subcontractor, or material supplier shall provide proof of compliance with the
applicable tax filing and licensing requirements set forth in [D.C. Code, Title 47, Taxation and
Fiscal Affairs] (Or relevant local law), prior to contract award.
ARTICLE 26. SUSPENSION OF WORK —The Contracting Officer may order the Contractor in writing to
suspend, delay or interrupt all or any part of the work for such period of time as he may determine to be
appropriate for the convenience of the Government.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed or interrupted by an act of the Contracting Officer in the administration of the Contract, or by his
failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time),
an adjustment will be made for an increase in the cost of performance of the Contract (excluding profit)
necessarily caused by such unreasonable suspension, delay or interruption and the Contract modified in
writing accordingly. However, no adjustment will be made under this Article for any suspension, delay or
interruption to the extent:
1. That performance would have been so suspended, delayed or interrupted by any other
cause, including the fault or negligence of the contractor, or
2. For which an equitable adjustment is provided or excluded under any other provision of
the Contract.
No claim under this Article shall be allowed:
1. For any costs incurred more than 20 days before the Contractor shall have notified the
Contracting Officer in writing of the act or failure to act involved (but this requirement shall
no apply as to a claim resulting from a suspension order), and
Standard Contract Provisions - Page 21 of 24
2. Unless the claim, in an amount stated, is asserted in writing as soon as practicable after
the termination of such suspension, delay, or interruption, but not later than the date of
final payment under the Contract.
ARTICLE 27. SAFETY PROGRAM
A. GENERAL —In order to provide safety controls for the protection of the life and health of
Government and Contract employees and the general public; prevention of damage to property,
materials, supplies, and equipment; and for avoidance of work interruptions in the performance of
the Contract, the Contractor shall comply with all applicable Federal and local laws governing
safety, health and sanitation including the Safety Standards, Rules and Regulations issued by the
American National Standards, U. S. Department of Labor, U. S. Department of Health and
Human Services, [D.C. Minimum Wage and Industrial Safety Board] (Or relevant local law) and
the latest edition of “Manual of Uniform Traffic Control Devices” issued by the Federal Highway
Administration.
The Contractor shall also take or cause to be taken such additional safety measures as the
Contracting Officer may determine to be reasonably necessary.
The Contractor shall designate one person to be responsible for carrying out the Contractor’s
obligation under this Article.
The Contractor shall maintain an accurate record of all accidents resulting in death, injury,
occupational disease, and/or damage to property, materials, supplies, and equipment incident to
work performed under the Contract. Copies of these reports shall be furnished to the Contracting
Officer within two working days after occurrence.
The Contracting Officer will notify the Contractor of any noncompliance with the foregoing
provisions and the action to be taken. The Contractor shall, after receipt of such notice,
immediately take corrective action. Such notice, when delivered to the Contractor or his
representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor
fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part
of the work until satisfactory corrective action has been taken. No part of the time lost due to any
such stop orders shall be made the subject of claim for extension of time or for excess costs or
damages by the Contractor.
This Article is applicable to all subcontractors used under the Contract and compliance with these
provisions by the subcontractors will be the responsibility of the Contractor.
(In Contracts involving work of short duration or of non-hazardous character, the following Section
B. will be deleted by Special Provision)
B. CONTRACTOR’S PROGRAM SUBMISSION —Prior to commencement of the work, the
Contractor shall:
1. Submit in writing to the Contracting Officer for his approval his program for complying with
this Article for accident prevention.
2. Meet with the Contracting Officer’s Safety Representative after submission of the above
program to develop a mutual understanding relative to the administration of the overall safety
program.
ARTICLE 28. RETENTION OF RECORDS—Unless otherwise provided in the Contract, or by applicable
statute, the Contractor, from the effective date of Contract completion and for a period of three years after
final settlement under the Contract, shall preserve and make available to the Government at all
Standard Contract Provisions - Page 22 of 24
reasonable times at the office of the Contractor but without direct charge to the Government, all his
books, records, documents, and other evidence bearing on the costs and expenses of the Contractor
under the Contract.
ARTICLE 29. RECOVERY OF DEBTS OWED THE GOVERNMENT---The Contractor hereby agrees
that the Government may use all or any portion of any payment, consideration or refund due the
Contractor under the Contract to satisfy, in whole or part, any debt due the Government.
ARTICLE 30. ADMINISTRATIVE LIQUIDATED DAMAGES---In addition to any other liquidated
damages provided for in the Contract, the Contractor hereby agrees that the Government may assess
administrative liquidated damages for the Contractor’s failure to submit when due any deliverable
required by the Contract. Unless otherwise prescribed by the Contracting Officer, the rate of the
administrative liquidated damages shall be $250 per day until the required deliverable is received and
accepted by the Government. The Government’s remedies for failure to comply with the Contract terms
and conditions are cumulative and not exclusive. Nothing herein shall be construed to limit the
Government’s ability to terminate the Contractor for the failure to submit Contract deliverables when due.
ARTICLE 31. ANTI-COMPETITIVE PRACTICES AND ANTI-KICKBACK PROVISIONS.
A. The Contractor recognizes the need for markets to operate competitively and shall observe and
shall comply with all applicable law, rules, and regulations prohibiting anti-competitive practices.
The Contractor shall not engage, directly or indirectly, in collusion or other anti-competitive
practices that reduces or eliminates competition or restrains trade. The Department shall report
to the appropriate authority any activity that evidences a violation of the antitrust laws, and take
such other further action to which it is entitled or obligated under the law.
B. The Contractor shall observe and comply with all applicable law, rules, and regulations prohibiting
kickbacks and, without limiting the foregoing, Contractor shall not (i) provide or attempt to provide
or offer to provide any kickback; (ii) solicit, accept, or attempt to accept any kickback; or (iii)
include, directly or indirectly, the amount of any kickback in the contract price charged by
Contractor or a Subcontractor of the Construction Manager to the Department. The Contractor
shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in this subparagraph in its own operations and direct business relationships.
The Department may take any recourse available to it under the law for violations of this anti-
kickback provision.
C. The Contractor represents and warrants that it did not, directly or indirectly, engage in any
collusive or other anti-competitive behavior in connection with the bid, negotiation or award of the
Contract. Further, the Contractor represents and warrants that it will not either directly or
indirectly, engage in any collusive or other anti-competitive behavior in connection with the
performance and administration of the Contract. In the event the Department determines that
there has been a violation of these provisions, it may terminate the contract without liability.
ARTICLE 32. NON-DISCRIMINATION IN EMPLOYMENT PROVISIONS.
A. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap. The affirmative action shall include, but
not be limited to, the following:
1. Employment, upgrading, or transfer;
2. Recruitment or recruitment advertising;
3. Demotion, layoff, or termination;
Standard Contract Provisions - Page 23 of 24
4. Rates of pay, or other forms of compensation; and
5. Selection for training and apprenticeship.
B. Unless otherwise permitted by law and directed by the Department, the Contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the Department setting forth the provisions of this Section concerning non-
discrimination and affirmative action.
C. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
pursuant to the non-discrimination requirements set forth in this Section.
D. The Contractor agrees to send to each labor union or representative of workers with which it has
a collective bargaining agreement, or other contract or understanding, a notice to be provided by
the Department, advising each labor union or workers' representative of the Contractor's
commitments under this Section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
E. The Contractor agrees to permit access by the Department to all books, records and accounts
pertaining to its employment practices for purposes of investigation to ascertain compliance with
this Section, and shall post copies of the notices in conspicuous places available to employees
and applicants for employment.
F. The Contractor shall include in every subcontract the equal opportunity clauses of this Section so
that such provisions shall be binding upon each Subcontractor or vendor.
G. The Contractor shall take such action with respect to any Subcontractor as the Contracting
Officer may direct as a means of enforcing these provisions, including sanctions for non-
compliance.
ARTICLE 33. ETHICAL STANDARDS FOR DEPARTMENT’S EMPLOYEES AND FORMER
EMPLOYEES---The Department expects the Contractor to observe the highest ethical standards and to
comply with all applicable law, rules, and regulations governing ethical conduct or conflicts of interest.
Neither the Contractor, nor any person associated with the Contractor, shall provide (or seek
reimbursement for) any gift, gratuity, favor, entertainment, loan or other thing of value to any employee of
the District or the Department not in conformity with applicable law, rules or regulations. The Contractor
shall not engage the services of any person or persons in the employment of the Department or the
District for any Work required, contemplated or performed under the Contract. The Contractor may not
assign to any former Department or District employee or agent who has joined the Contractor's firm any
matter on which the former employee, while in the employ of the Department, had material or substantial
involvement in the matter. The Contractor may request a waiver to permit the assignment of such matters
to former Department personnel on a case-by-case basis. The Contractor shall include in every
subcontract a provision substantially similar to this section so that such provisions shall be binding upon
each Subcontractor or vendor.
ARTICLE 34. CONSTRUCTION. The Contract shall be construed fairly as to all parties and not in favor
of or against any party, regardless of which party prepared the Contract.
ARTICLE 35. SURVIVAL. All agreements warranties, and representations of the Contractor contained
in the Contract or in any certificate or document furnished pursuant to the Contract shall survive
termination or expiration of the Contract.
ARTICLE 36. REMEDIES CUMULATIVE. Unless specifically provided to the contrary in the Contract,
all remedies set forth in the Contract are cumulative and not exclusive of any other remedy the
Government may have, including, without limitation, at law or in equity. The Government’s rights and
Standard Contract Provisions - Page 24 of 24
remedies will be exercised at its sole discretion, and shall not be regarded as conferring any obligation on
the Government’s to exercise those rights or remedies for the benefit of the Contractor or any other
person or entity.
ARTICLE 37. ENTIRE AGREEMENT; MODIFICATION. The Contract supersedes all contemporaneous
or prior negotiations, representations, course of dealing, or agreements, either written or oral. No
modifications to the Contract shall be effective against the Department unless made in writing signed by
both the Department and the Contractor, unless otherwise expressly provided to the contrary in the
Contract. Nothing herein shall be construed to limit the Department’s right to issue unilateral modifications
to the contract.
ARTICLE 38. SEVERABILITY. In the event any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Contract, and in lieu of each such
invalid, illegal or unenforceable provision, there shall be added automatically as a part of this Contract a
provision as similar in terms to such invalid, illegal or unenforceable provision as may be possible and be
valid, legal and enforceable; each part of this Contract is intended to be severable.
ARTICLE 39. FORCE MAJEURE---If the Contractor, because of Force Majeure, is rendered wholly or
partly unable to perform its obligations when due under this Contract, the Contractor may be excused
from whatever performance is affected by the Force Majeure to the extent so affected. In order to be
excused from its performance obligations under this Contract by reason of Force Majeure, within 72 hours
of the occurrence or event, the Contractor must provide the Contracting Officer written notice of its
inability to perform as well as a description of the force majeure and its effect on Contract performance.
The Contracting Officer will have the right to cause the inspection of the work site to determine the validity
of the Contractor’s assertion of its inability to perform. If the Contracting Officer agrees that the
Contractor is wholly or partly unable to perform its obligations under the Contract a decision will be issued
indicating the extent to which the Contractor is excused from its performance obligations. In no event will
the Contractor be entitled to money damages from the Government due to force majeure.
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Page 111 of 121
Exhibit K - Form of Lien Waiver
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
RELEASE OF LIEN
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Release of Liens:
The undersigned (insert Consultant/Contractor), has been paid partial payments totaling the sum of=
(insert net amounts), which is _____% of the current contract value, in accordance with the contract terms
for the above referenced project, and hereby indemnifies, waives, releases and holds the District of
Columbia harmless for the above referenced project, including all claims, right to liens, and stop work
notices upon said premises or the improvements thereon under the statutes of the jurisdiction in which
the project is located.
In consideration of this payment due in the net amount of insert net amount due, i n accordance with
contract terms for the above referenced project. Hereby indemnifies, waives, and releases the District of
Columbia for the above referenced project. All claims, right to liens, stop work notices upon said premises
or the improv
ements thereon under the statues of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, that he/she is duly authorized to sign
and execute this Release of Liens on behalf of (insert Consultant/Contractor); that (insert Consultant/
Contractor) has properly performed all work in accordance with the Contract Documents and that all
consultants, subcontractors or material men have been paid for all labor, including fringe benefits,
workers compensation, materials, equipment, services, taxes, insurance premiums, and bonds (if
required), and that any materials supplied to or incorporated in t hi s project were taken fr om fully paid o r
open stock with any exceptions noted below.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By
:___________________
Print Name: ___________________
Title: ________________ Date: _______________
_____________________________________________________________________________________________

DISTRICT OF COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
Notary Public, D.C.
My commission expires: _______________________________
[NOTARIAL SEAL]
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
FINAL RELEASE OF LIENS AND CLAIMS
Project Name:
Contract No.:
Task Order No.:
Work Performed:
Contract Date:
Contract Amount:
Date:
Final Release of Liens and Claims:
The undersigned (insert Consultant/Contactor name), in consideration of payments received and upon
receipt of the amount of a final payment of $ __________________ hereby indemnifies, waives, releases,
and holds the District of Columbia harmless for the above ref erenced project, including all claims, r ight to
liens, terminations, and stop notices upon said premi ses or the improvements thereon under the statutes
of the jurisdiction in which the project is located.
The undersigned further represents and warrants, as of this date, th at he/she is duly authorized to sign
and execute this Release of Final Liens and Claims on behalf of (insert Consultant /Con tractor; that
(insert Consultant /Contractor) has properly performed all work and furnished all materials of the specified
quality in acc
ordance with all contract documents in an acceptable workmanlike manner to the
Department of General Services/Construction Division, District of Columbia and that (insert Consultant
/Contractor) has paid for all labor, including fringe benefits and w orkers compensation, all materials,
equipment, services, taxes, insurance premiums, and bonds (if r equired) and that any materials supplied
to or incorporated in this project have been paid.
(Insert Consultant/Contactor) is executing this Final Re lease of Liens and Claims for the express purpose
of inducing the District to make final disbursement and payment to (insert Consultant/Contactor name) of
$__________________.
This letter must be signed and notarized below by authorized individuals.
Insert Consultants /Contractors name: _______________
By:___________________
Print Name: ___________________
Title: ________________ Date: _______________

DISTRICT O
F COLUMBIA ) ss
I, a Notary Public in and for the District of Columbia, hereby certify that, on this ___ day of
, 20 , personally appeared before me , known to me (or satisfactorily
proven) to be the person who executed the foregoing Final Release of Liens and Claims, as
of (insert Consultant/Contactor name) who acknowledged having done so for the purposes therein
contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
______________________________
N o t a r y P u b l i c , D . C .
My commission expires: _______________________________
[NOTARIAL SEAL]

Page 110 of 121

Exhibit L - Form of GMP Amendment

Page 111 of 121

GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD AGREEMENT
J.O. WILSON ELEMENTARY SCHOOL MODERNIZATION
THIS GUARANTEED MAXIMUM PRICE AMENDMENT (“Amendment”) is
entered into by and between the DISTRICT OF COLUMBIA GOVERNMENT , acting by
and through its DEPARTMENT OF GENERAL SERVICES (the “Department”) and
CHIARAMONTE-DAVIS, A JOINT VENTURE , (the “Design-Builder”) pursuant to the
Agreement, dated ______________, between the District of Columbia government, by and
through the Department and the Design- Builder, for design-build work at the J.O. WILSON
ELEMENTARY SCHOOL MODERNIZATION and to establish a Guaranteed Maximum
Price and Contract Time for the Work as set forth below.
ARTICLE 1
GUARANTEED MAXIMUM PRICE
Section 1.1 Guaranteed Maximum Price. Subject to additions and deductions
which may be made only in accordance with the Agreement, the Design- Builder represents,
warrants and guarantees to the Department that the total maximum cost to be paid by the
Department for Design-Builder’s complete performance under the Agreement, including, but
not limited to, Final Completion of all Work, all services of Design -Builder under the
Agreement, and all fees, compensation and reimbursements to Design-Builder, shall not exceed
the total amount of [INSERT AMOUNT] Dollars ($[INSERT AMOUNT]) (" Guaranteed
Maximum Price") . Costs which would cause the Guaranteed Maximum Price (as may be
adjusted pursuant to the Contract Project Documents ) to be exceeded shall be paid by the
Design-Builder without reimbursement by the Department.
Section 1.2 Guaranteed Maximum Price Components. The Guaranteed Maximum
Price is comprised of the maximum amount payable by the Department for:
1.2.1 the Cost of the Work for full and complete performance of the Work in strict
accordance with the Contract Project Documents;
1.2.2 a Pre-Construction Fee for the Design- Builder, as defined in the Agreement,
in the amount of [INSERT AMOUNT];
1.2.3 a Design-Build Fee for the Design-Builder, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.4 a Lump Sum General Conditions Cost, as defined in the Agreement, in the
amount of [INSERT AMOUNT];
1.2.5 The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibits ____ attached hereto.

Section 1.3 Basis for the GMP. The GMP is for the performance of the Work in
accordance with the Contract Project Documents listed and attached to this Amendment and

Page 112 of 121

marked Exhibits ____ through ____, as follows:
1.3.1 Exhibit ____: List of Drawings, Specifications, addenda and General,
Supplementary and other Conditions of the Agreement on which the Guaranteed Maximum
Price is based.
1.3.2 Exhibit ____: A list of Unit Prices and Allowance items as well as a statement
of their basis.
1.3.3 Exhibit ____: c) Assumptions and clarifications made in preparing the
GMP Proposal, noting, in particular, any exclusions. The assumptions and clarifications shall
take precedence over the drawings and specifications.
1.3.4 Exhibit ____: The proposed 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 ____: An update to the Project’s schedule to which the Design-Builder
will agree to be bound. This update shall be prepared in the same level of detail and in the same
manner as the Baseline Schedule, and without any change, to the Substantial and Final
Completion Dates unless approved by the Department’s Contracting Officer
1.3.6 Exhibit ____: A subcontracting plan setting forth the names and estimated
dollar volume of the work that will be performed by LSBDEs, as certified by the Department
of Small and Local Business Development, upon which the GMP is based.
1.3.7 Exhibit ______: A summary of Capital Cost vs Operating Cost Eligibility .
1.3.8 Exhibit ______: A list of additive alternates or deductive alternates with defined
executable dates, if any.
1.3.9 Exhibit ______: GMP and any Council Package cost estimate summary shall
be broken down into three categories as applicable: New Construction, Renovation and
Sitework.
1.3.10 Exhibit ______: Each GMP may include an agreed upon sum as the Design-
Builder’s Contingency and the Owner contingency Owner contingency, each of which shall be
identified as a separate line item in the GMP's Schedule of Values.
Section 1.4 Incomplete Drawings and Specifications. Design-Builder and the
Department acknowledge that the Drawings and Specifications are not complete and, as of the
date hereof, that such Drawings and Specifications have reached the level of approximately
__% complete design development Project Documents. The Design-Builder, however, has
been actively involved in the design process and hereby represents that it has a sufficient
understanding of the Project to agree to a Guaranteed Maximum Price to Fully Complete the
Project. The Design -Builder hereby acknowledges that the GMP Basis Project Documents
provides sufficient detail and information to provide a firm Guaranteed Maximum Price and

Page 113 of 121

that the Guaranteed Maximum Price proposed therein is intended to represent the Design -
Builder’s offer to Fully Complete the Project. The Design-Builder and the Department agree
to work together to complete the Drawings and Specifications as provided in this Agreement,
consistent with the Guaranteed Maximum Price premises and assumptions and Project
Schedule.
Section 1.5 Design Intent; Inferable Work. Design-Builder agrees that the
Guaranteed Maximum Price is based on the current state of the design, which represents
approximately [__] percent complete design development Project Documents. The GMP Basis
Project Documents will include various clarifications and assumptions that are intended to
further define the scope of Work that will be required to complete design. The Design-Builder
has included within the Guaranteed Maximum Price sufficient amounts to cover aspects of the
Work that are not shown on the GMP Basis Project Documents. If the Department does not
approve any such scope increase, the Design- Builder shall cause the Design-Builder’s
Architect to develop a design that is consistent with the original design intent and shall
complete the Work for an amount that does not exceed the GMP.
Section 1.6 Cost Overruns. Subject to additions or deductions which may be made
in accordance with the Agreement, the Design -Builder shall be solely liable and responsible
for and shall pay any and all costs, fees and other expenditures in excess of the Guaranteed
Maximum Price for and/or relating to the Work, without entitlement to reimbursement from
the Department. Design -Builder shall not be entitled to any fee, payment, compensation or
reimbursement under this Agreement or relating to the Work or Project other than as expressly
provided in the Agreement.
Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit
Price Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted
in the Guaranteed Maximum Price (" Allowance Items"). The only Allowance Items shall be
those specifically identified as such in the Schedule of Values and in the Guaranteed Maximum
Price. The Allowance Amounts represent all Costs of the Work of the Allowance Items,
including, without limitation, costs of materials, labor, handling, transportation, loading and
unloading and installation, as determined by Design-Builder.

Page 114 of 121

ARTICLE 2
INTENT, INTERPRETATION AND CORRELATION
Section 2.1 Intent of the Agreement . The intent of the Agreement is for the
Design-Builder to perform and supply, and the Department hereby engages Design-Builder to
and Design-Builder hereby agrees to perform and supply, the Work, including all necessary
design services, scheduling, procurement, supervision, construction, and construction
management services and supply all necessary labor, materials, equipment and related work
and services necessary to fully complete the Work and obtain the intended results of the
Contract Project Documents, including, but not limited to the requirements of the Project
Schedule and the Guaranteed Maximum Price requirements set forth in Article 1 above. The
enumeration of particular items in the Specifications and/or Drawings shall not be construed to
exclude other items. The Contract Project Documents are complementary, and what is required
by any one of the Contract Project Documents (including either a Drawing or Specification) as
being necessary to produce the intended results shall be binding and required as a part of the
Work as if required by all Contract Project Documents.
Section 2.2 Design-Builder’s Compliance with Contract Project Documents .
Design-Builder agrees, accepts and assumes that the Department's decision will require
implementation of the most stringent requirements among any conflicting provisions of the
Contract Project Documents as being part of the Work. The Design-Builder agrees to be bound
by all decisions by the Department to implement the most stringent of any conflicting
requirements within the Contract Project Documents. Any failure by Design-Builder to seek
such clarifications shall in no way limit the Department's ability to require implementation,
including replacement of installed Work at a later date at Design-Builder's sole expense, to
achieve compliance with the more stringent requirements. Wi thout limiting the generality of
the foregoing, the Design-Builder hereby agrees as follows:
2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any option herein conferred,
shall not be construed as a waiver or relinquishment of the Department's right thereafter to
require compliance with such provision of this Agreement, or as being a waiver of the
Department's right thereafter to exercise such option, and such provision or option will remain
in full force and effect.
2.2.2 If there is any inconsistency in the Drawings or any conflict between the
Drawings and Specifications, Design-Builder shall provide the better quality or greater quantity
of Work or materials, as applicable, unless the Department directs otherwise in writing.
2.2.3 Design-Builder shall be responsible for dividing the Work among the
appropriate Subcontractors and Vendors. No claim will be entertained by the Department based
upon the organization or arrangement of the Specifications and/or the Drawings into areas,
sections, subsections or trade disciplines.

Page 115 of 121

2.2.4 Detail drawings shall take precedence over scale drawings, and figured
dimensions on the Drawings shall govern the setting out of the Work.
2.2.5 Unless the Specifications expressly state otherwise, references to documents
and standards of professional organizations shall mean the latest editions published prior to the
Effective Date.
2.2.6 Technical words, abbreviations and acronyms in the Contract Project
Documents shall be used and interpreted in accordance with customary usage in the
construction industry.
2.2.7 Whenever consent, permission or approval is required from any party pursuant
to the provisions of the Contract Project Documents, such consent, permission or approval
shall, unless expressly provided otherwise in this Agreement, be given or obtained, as
applicable, in writing.

ARTICLE 3
[INTENTIONALLY OMITTED]

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

Page 116 of 121

Contract Project Documents , but which is reasonably inferable from the Contract Project
Documents, and such Work shall be performed without any increase in the Guaranteed
Maximum Price or extension of Contract Time, except if and to the extent otherwise expressly
provided in this Agreement.
ARTICLE 5
MISCELLANEOUS PROVISIONS
Section 5.1 Prior Agreement Unaffected. Except as expressly agreed to herein, all
of the terms, conditions, representations and warranties set forth in the Agreement shall remain
unaffected and in full force and affect.
Section 5.2 Integrated Agreement. This Amendment and any attachment hereto
set forth the entire agreement and understanding of the parties regarding the transactions
contemplated hereby and supersede all prior oral and written agreements, arrangements and
understandings relating to the subject matter hereof. There are no oral or written agreements
or understandings, representations or warranties among the parties other than those set forth
herein.
Section 5.3 Counterparts. This Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall be
considered one and the same instrument.
Section 5.4 Construction. This Agreement shall be construed fairly as to all parties
and not in favor of or against any party, regardless of which party prepared the Agreement.
IN WITNESS WHEREOF , each of the parties to this Amendment to Agreement
(DCAM-23-CS-RFP-0009) has caused it to be executed by its duly authorized representative
on the dates set forth below.

DISTRICT OF COLUMBIA GOVERNMENT, by and through its
DEPARTMENT OF GENERAL SERVICES
By:
Name:
Title:
Date:
CHIARAMONTE-DAVIS, A JOINT VENTURE

Page 117 of 121

By:
Name:
Its:
Date:

Page 119 of 121
Exhibit M - (Reserved)
Page 120 of 121
Exhibit N - FF&E and Close-Out
FF&E
The Design-Builder shall be responsible for FF&E as set forth in this Exhibit: [TBD at
GMP Amendment]
Page 121 of 121
Exhibit O - Subcontractor Performance Evaluation Form
To be determined at GMP Amendment
Exhibit P - Equal Employment Opportunity Policy
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT
______________________SHALL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF ACTUAL OR PERCEIVED: RACE, COLOR,
RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITAL STATUS, PERSONAL APPEARANCE,
SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, FAMILIA L STATUS, FAMILY
RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, GENETIC INFORMATION,
DISABILITY, SOURCE OF INCOME, OR PLACE OF RESIDENCE OR BUSINESS.
______________________AGREES TO AFFIRMATIVE ACT ION TO ENSURE THAT APPLICANTS
ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT
REGARD TO THEIR ACTUAL OR PERCEIVED: RACE, COLOR, RELIGION, NATIONAL ORIGIN,
SEX, AGE, MARITAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, GENDER
IDENTITY OR EXPRESSION, FAMILIAL STATUS, FAMILY RESPONSIBILITIES,
MATRICULATION, POLITICAL AFFILIATION, GENETIC INFORMATION, DISABILITY, SOURCE
OF INCOME, OR PLACE OF RESIDENCE OR BUSINESS. THE AFFIRMATIVE ACTION SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (A) EMPLOYMENT, UPGRADING, OR
TRANSFER; (B) RECRUITMENT OR RECRUITMENT ADVERTISING; (C) DEMOTION, LAYOFF,
OR TERMINATION; (D) RATES OF PAY, OR OTHER FORMS OR COMPENSATION; AND (E)
SELECTION FOR TRAINING AND APPRENTICESHIP.
______________________AGREES TO POST IN CONSPICUOUS PLACES THE PROVISIONS
CONCERNING NON-DISCRIMINATION AND AFFIRMATIVE ACTION.
______________________SHALL STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE
CONSIDERATION FOR EMPLOYMENT PURSUANT TO SUBSECTION 1103.2 THROUGH 1103.10
OF MAYOR’S ORDER 85-85; “EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS IN
CONTRACTS.”
______________________AGREES TO PERMIT ACCESS TO ALL BOOKS PERTAINING TO ITS
EMPLOYMENT PRACTICES , AND TO REQUIRE EACH SUBCONTRACTOR TO PERMIT ACCESS
TO BOOKS AND RECORDS.
______________________AGREES TO COMPLY WITH ALL GUIDELINES FOR EQUAL
EMPLOYMENT OPPORTUNITY APPLICABLE IN THE DISTRICT OF COLUMBIA.
______________________SHALL INCLUDE IN EVERY SUBCONTRACT THE EQUAL
OPPORTUNITY CLAUSES, SUBSECTION 1103.2 THROUGH 1103.10 SO THAT SUCH
PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR.
_________________________________
AUTHORIZED OFFICIAL AND TITLE DATE
________________________________ ___________________________
AUTHORIZED SIGNATURE NAME FIRM/ORGANIZATION
2260 Minnesota Avenue SE, Washington, DC 20020Phone. (202)-562-0027 • Fax. (202)-370-6480 • www.cc-builder.com
Frank Chiaramonte
Chairamonte Co
Chairamonte Co
Chairamonte Co
Chairamonte Co
Chairamonte Co
Chairamonte Co
Chairamonte Co
Frank Chiaramonte, President
Chiaramonte Construction Co
5/12/23
CONTRACTOR’S LETTERHEAD
ASSURANCE OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND THE RULES IMPLEMENTING MAYORS
ORDER 85-85, 33 DCR 4952, (PUBLISHED AUGUST 15, 1986), “ON COMPLIANCE WITH EQUAL
OPPORTUNITY REQUIREMENTS IN DISTRICT GOVERNMENT CONTRACTS,” ARE HEREBY INCLUDED AS
PART OF THIS BID/PROPOSAL. THEREFORE, EACH BIDDER/OFFEROR SHALL INDICATE BELOW THEIR
WRITTEN COMMITMENT TO ASSURE COMPLIANCE WITH MAYOR’S ORDER 85-85 AND THE
IMPLEMENTING RULES. FAILURE TO COMPLY WITH THE SUBJECT MAYOR’S ORDER AND THE
IMPLEMENTING RULES SHALL RESULT IN REJECTION OF THE RESPECTIVE BID/PROPOSAL.
I, ______________________________________________, THE AUTHORIZED REPRESENTATIVE OF
___________________________________________, HEREINAFTER REFERRED TO AS “THE
CONTRACTOR,” CERTIFY THT THE CONTRATOR IS FULLY AWARE OF ALL OF THE PROVISIONS OF
MAYOR’S ORDER 85-85, EFFECTIVE JUNE 10, 1985, AND OF THE RULES IMPLEMENTING MAYOR’S
ORDER 85-85, 33 DCR 4952. I FURTHER CERTIFY AND ASSURE THAT THE CONTRACTOR WILL FULLY
COMPLY WITH ALL APPLICABLE PROVISIONS OF THE MAYOR’S ORDER AND IMPLEMENTING RULES IF
AWARDED THE D.C. GOVERNMENT REFERENCED BY THE CONTRACT NUMBER ENTERED BELOW.
FURTHER, THE CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT THE AWARD OF SAID
CONTRACT AND ITS CONTINUATION ARE SPECIFICALLY CONDITIONED UPON THE CONTRACTOR’S
COMPLIANCE WITH THE ABOVE-CITED ORDER AND RULES.
____________________________________________
CONTRACTOR
____________________________________________
NAME
2260 Minnesota Avenue SE, Washington, DC 20020Phone. (202)-562-0027 • Fax. (202)-370-6480 • www.cc-builder.com
Frank Chiaramonte
Frank Chiaramonte, President
Chiaramonte Construction Company
Chiaramonte Construction Company
Frank Chiaramonte
____________________________________________
SIGNATURE
___
_President________________________________________
TITLE
DCAM-23-CS-RFP-0009
__________________________
CONT RACT NUMBER
__________________________________
DATE
5/12/23
EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DC Office of Contracting and Procurement
Employer Information Report (EEO)
Reply to:
Office of Contracting and Procurement
441 4th Street, NW, Suite 700 South
Washington, DC 20001 Washington, DC 20001
Instructions:
Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement.
One copy shall be retained by the Contractor.
Section A – TYPE OF REPORT
1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)
Single Establishment Employer Multi-establishment Employer:
(1) . Single-establishment Employer Report (2) Consolidated Report
(3) Headquarters Report
(4) Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) Special Report
1. Total number of reports being filed by this Company. _______________________
Section B – COMPANY IDENTIFICATION (To be answered by all employers) OFFICIAL OFFICIAL
USE
ONLY
1. Name of Company which owns or controls the establishment for which this report is filed a.
Address (Number and street) City or Town Country State Zip Code b.
b. Employer
Identification No.
2. Establishment for which this report is filed. OFFICIAL
USE
ONLY
a. Name of establishment c.
Address (Number and street) City or Town Country State Zip Code d.
b. Employer
Identification No.
3. Parent of affiliated Company
a. Name of parent or affiliated Company b. Employer Identification No.
Address (Number and street) City or Town Country State Zip Code
Section C - ESTABLISHMENT INFORMATION
1. Is the location of the establishment the same as that reported last year? 2. Is the major business activity at this establishm ent the same
Yes No Did not report Report on combined as that reported last year? Yes No
last year basis No report last year Reported on combined
basis
OFFICIAL
USE
ONLY
2. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing
supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal business or industrial
activity.
e.
3. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
Yes No
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891
Washington, DC
2 0 1 5 7 6 3 3 6
1
20-1576336
Chiaramonte Construction Company
2260 Minnesota ave SE DC 20020
NONE
NONE
N/A N/A
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE.
SECTION D – EMPLOYMENT DATA
Employment at this establishment – Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees
unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be
considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment Including those in minority groups
JOB
CATEGORIES
TOTAL EMPLOYEES IN
ESTABLISHMENT
MINORITY GROUP EMPLOYEES
MALE FEMALE
Total
Employees
Including
Minorities
(1)
Total
Male
Including
Minorities
(2)
Total
Female
Including
Minorities
(3)
Black
(4)
Asian
(5)
American
Indian
(6)
Hispanic
(7)
Black
(8)
Asian
(9)
American
Indian
(10)
Hispanic
(11)
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and
Clerical
Craftsman
(Skilled)
Operative (Semi-
Skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employ
reported
in previous report
(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal
On-
The-Job
Trainee
White
collar
(1) (2) (3) (4)) (5) (6) (7) (8) (9) (10) (11
Production
1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used
a. Visual Survey c. Other Specify ________________ 3. Pay period of last report submitted for this
b. Employment Record ______________________________ establishment.____________________________
Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain
major changes in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check 1. › All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
One 2. › This report is accurate and was prepared in accordance with the instructions.
____________________________________________________________________________________________________
Name of Authorized Official Title Signature Date
Name of person contact regarding Address
This report (Type of print) (Number and street)
Title City and State Zip Code Telep hone Number Extension
1
1
//202
HUY TRAN PAYROLL MANAGER Huy Tran 509
HUY TRAN PAYROLL MANAGER 5/09/23
2260 MINNESOTA AVE SE, WASHINGTON, DC 20020 202-562-0027 EXT 107
97 2 4 1
11
11
64 2 1
64 62 2 62 2
10 10 2 1 7
10 10 5 1 4
100 94 7 7 4 77 1 2
91 86 5 7 4 65 2
N/A
0 0
n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
CONTRACT COMPLIANCE DIVISION
SUBCONTRACT SUMMARY FORM
This SUMMARY form is to be completed by the PRIME contractor.
BID NO. CCB NUMBER: _________of _________ pages
NOTE: the standard for minority subcontracting is 25% or the TOTAL
contract dollar amount to be subcontracted.
AMOUNT OF PRIME CONTRACT $______________________
AMOUNT OF ALL SUBCONTRACTS: $______________ equals
__________ % OF THE PRIME CONTRACT.
NAME OF PRIME CONTRACTOR:
TELEPHONE NO.
ADDRESS:
PROJECT NAME:
ADDRESS:
________ WARD NO:______
PROJECT DESCRIPTIONS:
SECTION II LIST ALL SUBCONTRACTORS THAT WILL BE UTILIZED OH THE ABOVE PROJECT
1. NAME OF SUBCONTRACTOR
2. ADDRESS
3. CONTACT PERSON
4. MBOC CERT. NO.5. PHONE NO.
1. IS THIS A MINORITY SUB?
_______YES _______NO
2. TRADE OR BUSINESS PRODUCT
THAT SUB WILL PROVIDE.
1. $ AMOUNT OF-SUBCONTRACT
equals (=)
2. ________ % (percent) OF TOTAL
PRIME CONTRACT.
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
1.
2.
3.
4. 5.
1. MINORITY SUBCONTRACTOR
_______YES _______NO
2.
1. _________________________
equals (=)
2. _________________%
TOTAL DOLLAR AMOUNT SUBCONTRACTED TO 'MINORITY BUSINESS ENTERPRISES $______________________________
PERCENT OF PRIME CONTRACT. _________________%
'&$0&65)39
CHIARAMONMTE CONSTRUCTION COPMPANY
202-562-0027 EXT 107 2260 MINNESOTA AVE SE, WASHINGTON DC 20020
TBD in the next GMP phase
6
PROJECTED GOALS AND TIMETABLES FOR FUTURE HIRING
MINORITY GROUP EMLOYES GOALS TIMETABLES
JOB
CATEGORIES
MALE FEMALE
Black Asian
American
Indian Hispanic Black Asian
American
Indian Hispanic
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and Clerical
Craftsman (Skilled)
Operative (Semi-
Skilled)
Laborers (Unskilled)
Service Workers
TOTAL
NAME OF AUTHORIZED OFFICIAL: TITLE: SIGNATURE:
FIRM NAME: TELEHONE NO: DATE:
INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL ISTITUTION”
_____ Yes _____ No
NAME:
ADDRESS:
TYPE OF ACCOUNT/S:
'&$0&65)39
SOLICITA
TION NO:___________________________
Frank Chiaramonte
FRANK CHIARAMONTE PRESIDENT
CHIARAMONTE CONSTRUCTION COMPANY 202-562-0027 5/12
X
TBD during next GMP phase
James G. Davis Construction Corporation
12530 Parklawn Drive | Rockville, MD 20852
301 881 2990 tel | 301 468 3918 fax
davisconstruction.com
EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY STATEMENT
James G. Davis Construction Corporation Shall not discriminate against any employee or Applicant for
employment because of actual or perceived: race, color, Religion, national origin, sex, age, marital status, personal
appearance, Sexual orientation, gender identity or expression, familia l status, family Responsibilities, matriculation,
political affiliation, genetic information, Disability, source of income, or place of residence or business.
James G. Davis Construction Corporation Agrees to affirmative act ion to ensure that applicants Are employed,
and that employees are treated during employment without Regard to their actual or perceived: race, color, religion,
national origin, Sex, age, marital status, personal appearance, sexual orientation, gender Identity or expression,
familial status, family responsibilities, Matriculation, political affiliation, genetic information, disability, source Of
income, or place of residence or business. The affirmative action shall Include, but not be limited to the following:
(a) employment, upgrading, or Transfer; (b) recruitment or recruitment advertising; (c) demotion, layoff, Or
termination; (d) rates of pay, or other forms or compensation; and (e) Selection for training and apprenticeship.
James G. Davis Construction Corporation Agrees to post in conspicuous places the provisions Concerning non-
discrimination and affirmative action.
James G. Davis Construction Corporation Shall state that all qualified applicants will receive
Consideration for employment pursuant to subsection 1103.2 Through 1103.10 Of mayor’s order 85-85; “equal
employment opportunity requirements in Contracts.”
James G. Davis Construction Corporation Agrees to permit access to all books pertaining to its Employment
practices , and to require each subcontractor to permit access T o books and records.
James G. Davis Construction Corporation Agrees to comply with all guidelines for equal Employment opportunity
applicable in the district of columbia.
James G. Davis Construction Corporation Shall include in every subcontract the equal Opportunity clauses,
subsection 1103.2 Through 1103.10 So that such Provisions shall be binding upon each subcontractor or vendor.
Christopher Hartzler, Director May 12, 2023
Authorized Official and Title Date
James G. Davis Construction Corporation
Authorized Signature Name Firm/Organization
James G. Davis Construction Corporation
12530 Parklawn Drive | Rockville, MD 20852
301 881 2990 tel | 301 468 3918 fax
davisconstruction.com
Assurance of compliance with equal employment opportunity requirements Mayor’s order 85-85, effective
june 10, 1985, and the rules implementing mayors Order 85-85, 33 dcr 4952, (published august 15, 1986),
“on compliance with equal Opportunity requirements in district government contracts,” are hereby included
as part of this bid/proposal. Therefore, each bidder/offeror shall indicate below their written commitment to
assure compliance with mayor’s order 85-85 and the implementing rules. Failure to comply with the subject
mayor’s order and the Implementing rules shall result in rejection of the respective bid/proposal.
I, Christopher Hartzler , the authorized representative of James G. Davis Construction Corporation ,
Hereinafter referred to as “the Contractor,” certify tht the contrator is fully aware of all of the provisions
of Mayor’s order 85-85, effective june 10, 1985, and of the rules implementing mayor’s Order 85-85, 33 dcr
4952. I further certify and assure that the contractor will fully comply with all applicable provisions of the
mayor’s order and implementing rules if Awarded the d.C. Government referenced by the contract number
entered below. Further, the contractor acknowledges and understands that the award of said Contract and its
continuation are specifically conditioned upon the contractor’s Compliance with the above-cited order and
rules.
James G. Davis Construction Corporation
Contractor
Christopher Hartzler
Name
Signature
Director
Title
DCAM-23-CS-RFP-0009
Contract number
May 12, 2023
Date





EQUAL EMPLOYMENT OPPORTUNITY
EMPLOYER INFORMATION REPORT
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DC Office of Contracting and Procurement
Employer Information Report (EEO)
Reply to:
Office of Contracting and Procurement
441 4th Street, NW, Suite 700 South
Washington, DC 20001 Washington, DC 20001
Instructions:
Two (2) copies of DAS 84-404 or Federal Form EEO-1 shall be submitted to the Office of Contracting and Procurement.
One copy shall be retained by the Contractor.
Section A – TYPE OF REPORT
1. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX)
Single Establishment Employer Multi-establishment Employer:
(1)  Single-establishment Employer Report (2) Consolidated Report
(3) Headquarters Report
(4) Individual Establishment Report (submit one
for each establishment with 25 or more employees)
(5) Special Report
1. Total number of reports being filed by this Company. 2
Section B – COMPANY IDENTIFICATION (To be answered by all employers) OFFICIAL OFFICIAL
USE
ONLY
1. Name of Company which owns or controls the establishment for which this report is filed
James G. Davis Construction Corporation
a.
Address (Number and street)
12530 Parklawn Drive
City or Town
Rockville
Country
USA
State
MD
Zip Code
20852
b.
b. Employer
Identification No. 5 4 0 7 9 9 4 2 3
2. Establishment for which this report is filed. OFFICIAL
USE
ONLY
a. Name of establishment
James G. Davis Construction Company
c.
Address (Number and street)
12530 Parklawn Drive
City or Town
Rockville
Country
USA
State
MD
Zip Code
20852
d.
b. Employer
Identification No. 5 4 0 7 9 9 4 2 3
3. Parent of affiliated Company – N/A
a. Name of parent or affiliated Company – N/A b. Employer Identification No.
Address (Number and street) City or Town Country State Zip Code
Section C - ESTABLISHMENT INFORMATION
1. Is the location of the establishment the same as that reported last year? 2. Is the major business activity at this establishment the same
Yes No Did not report Report on combined as that reported last year? Yes No
last year basis No report last year Reported on combined
basis
OFFICIAL
USE
ONLY
2. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale plumbing
supplies, title insurance, etc. Include the specific type of product or service provided, as well as the principal business or industrial
activity.
General Contracting; Preconstruction Services; Construction Management; Design-Build; Sustainable Construction; Virtual Construction
e.
3. MINORITY GROUP MEMBERS: Indicate if you are a minority business enterprise (50% owned or 51% controlled by minority members).
Yes No
DAS 84-404 (Replaces D.C. Form 2640.9 Sept. 74 which is Obsolete) 84-2P891
x
x
INFORMATION CITED HEREIN SHALL BE HELD IN CONFIDENCE.
SECTION D – EMPLOYMENT DATA
Employment at this establishment – Report all permanent, temporary, or part-time employees including apprentices and on-the-job trainees
unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be
considered as zero. In columns 1, 2, and 3, include ALL employees in the establishment Including those in minority groups
JOB
CATEGORIES
TOTAL EMPLOYEES IN
ESTABLISHMENT
MINORITY GROUP EMPLOYEES
MALE FEMALE
Total
Employees
Including
Minorities
(1)
Total
Male
Including
Minorities
(2)
Total
Female
Including
Minorities
(3)
Black
(4)
Asian
(5)
American
Indian
(6)
Hispanic
(7)
Black
(8)
Asian
(9)
American
Indian
(10)
Hispanic
(11)
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and
Clerical
Craftsman
(Skilled)
Operative (Semi-
Skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employ
reported
in previous report
(The trainee below should also be included in the figures for the appropriate occupation categories above)
Formal
On-
The-Job
Trainee
White
collar
(1) (2) (3) (4)) (5) (6) (7) (8) (9) (10) (11
Production
1. How was information as to race or ethnic group in Section D obtained? 2. Dates of payroll period used
a. Visual Survey c. Other Specify ________________ 3. Pay period of last report submitted for this
b. Employment Record ______________________________ establishment.____________________________
Section E – REMARKS Use this Item to give any identification data appearing on last report which differs from that given above, explain
major changes in composition or reporting units, and other pertinent information.
Section F - CERTIFICATION
Check 1. › All reports are accurate and were prepared in accordance with the instructions (check on consolidated only)
One 2. › This report is accurate and was prepared in accordance with the instructions.
____________________________________________________________________________________________________
Name of Authorized Official Title Signature Date
Name of person contact regarding Address
This report (Type of print) (Number and street)
Title City and State Zip Code Telephone Number Extension
233 191
99 53 13 7 0 17 5 5 0 13
42 7 4 0 15 5 3 0 3
152
7 7
0 0
0
0
0
355
4
37
17
0
0
0
0
0
110
10
3
2
0
0
0
0
0
29
3/12/23
3/15/23
5/12/23
202 768 31420852
HR Manager
12530 Parklawn Drive
Rockville, MD
Lauren Howard
Lauren Howard, HR Manager
yes
1
4
4
0
0
0
0
0
12
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
64
2
16
12
0
0
0
0
0
15
4
1
0
0
0
0
0
0
10
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
2
2
2
14
40
0
19
0
0
465

DEPARTMENT OF SMALL AND LOCAL BUSINESS DEVELOPMENT
CONTRACT COMPLIANCE DIVISION
SUBCONTRACT SUMMARY FORM
To be completed in GMP phase
This SUMMARY form is to be completed by the PRIME contractor.
BID NO. CCB NUMBER: of pages
NOTE: the standard for minority subcontracting is 25% or the TOTAL
contract dollar amount to be subcontracted.
AMOUNT OF PRIME CONTRACT $
AMOUNT OF ALL SUBCONTRACTS: $ equals
% OF THE PRIME CONTRACT.
NAME OF PRIME CONTRACTOR:
TELEPHONE NO.
ADDRESS:
PROJECT NAME: 202-727-7138ADDRESS:
202-727-7138 WARD NO:
PROJECT DESCRIPTIONS:
SECTION II LIST ALL SUBCONTRACTORS THAT WILL BE UTILIZED OH THE ABOVE PROJECT
1. NAME OF SUBCONTRACTOR
2. ADDRESS
3. CONTACT PERSON
4. MBOC CERT. NO. 5. PHONE NO.
1. IS THIS A MINORITY SUB?
YES NO
2. TRADE OR BUSINESS PRODUCT
THAT SUB WILL PROVIDE.
1. $ AMOUNT OF-SUBCONTRACT
equals (=)
2. % (percent) OF TOTAL
PRIME CONTRACT.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
1. 1. MINORITY SUBCONTRACTOR 1.
equals (=)
2. %
2.
3. 202-727-7138
YES NO
4. 5. 2.
TOTAL DOLLAR AMOUNT SUBCONTRACTED TO 'MINORITY BUSINESS ENTERPRISES $
PERCENT OF PRIME CONTRACT. %
6
SOLICITATION NO:___________________________
PROJECTED GOALS AND TIMETABLES FOR FUTURE HIRING
MINORITY GROUP EMLOYES GOALS TIMETABLES
JOB
CATEGORIES
MALE FEMALE
Black Asian
American
Indian Hispanic Black Asian
American
Indian Hispanic
Officials and
Managers
Professionals
Technicians
Sales Workers
Office and Clerical
Craftsman (Skilled)
Operative (Semi-
Skilled)
Laborers (Unskilled)
Service Workers
TOTAL
NAME OF AUTHORIZED OFFICIAL: TITLE: SIGNATURE:
FIRM NAME: TELEHONE NO: DATE:
INDICATE IF THE PRIME UTILIZES A “MINORITY FINANCIAL ISTITUTION”
_____ Yes _____ No
NAME:
ADDRESS:
TYPE OF ACCOUNT/S:
DCAM-23-CS-RFP-0009
Department of General Services
Peter Ghogomu
To Be Completed in GMP Phase
X
Exhibit Q – Living Wage Act 2024
THE LIVING WAGE ACT OF 2006
D.C. Code §§ 2-220.01 – 2-220.11
Recipients of new contracts or government assistance shall pay affiliated employees and subcontractors who
perform services under the contracts no less than the current living wage.
Effective January 1, 2024, until June 30, 2024, the living wage rate is $17.05 per hour.
Effective July 1, 2024, the District’s Minimum Wage and Living Wage will increase to
$17.50.
The requirement to pay a living wage applies to:
▪ All recipients of contracts in the amount of $100,000 or more, and all subcontractors that receive
$15,000 or more from the funds received by the recipient from the District of Columbia, and
▪ All recipients of government assistance in the amount of $100,000 or more, and all subcontractors of
these recipients that receive $50,000 or more from the government assistance received by the
recipient from the District of Columbia.
“Contract” means a written agreement between a recipient and the District government.
“Government assistance” means a grant, loan, or tax increment financing that result in a financial benefit
from an agency, commission, instrumentality, or other entity of the District government.
“Affiliated employee” means any individual employed by a recipient who received compensation directly
from government assistance or a contract with the District of Columbia government, including employees of
the District of Columbia, any employee of a contractor or subcontractor of a recipient who performs
services pursuant to government assistance or contract. The term “affiliated employee” does not include
those individuals who perform only intermittent or incidental services with respect to the contract or
government assistance or who are otherwise employed by the contractor, recipient, or subcontractor.
Certain exemptions apply: 1) Contracts or agreements subject to wage determinations required by federal law
which are higher than the wage required by this Act; 2) Existing and future collecting bargaining agreements,
provided that the future agreement results in employees being paid no less than the current living wage; 3)
contracts for electricity, telephone, water , sewer performed by regulated utilities; 4) contracts for services needed
immediately to prevent or respond to a disaster or imminent threat declared by the Mayor; 5) contracts awarded to
recipients that provide trainees with services, including but not limited to case management and job readiness
services, provided the trainee does not replace employees; 6) employees under 22 years of age employed during a
school vacation period, or enrolled as a full-time student who works less than 25 hours per week; 7) tenants or
retail establishments that occupy property constructed or improved by government assistance, provided there is no
receipt of direct District government assistance; 8) employees of nonprofit organizations that employ not more
than 50 individuals and qualify for 501(c)(3) status; 9) Medicaid provider agreements for direct care services to
Medicaid recipients, provided, that the direct care service is not provided through a home care agency, a
community residence facility, or a group home for persons with intellectual disabilities as those terms are defined
in section 2 of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of
1983; D.C. Official Code § 44-501; and 10) contracts or agreements between managed care organizations and the
Health Care Safety Net Administration or the Medicaid Assistance Administration to provide health services.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers and
workers who provide companionship services. Employers within this industry are now subject to recordkeeping
provisions.
Each recipient and subcontractor of a recipient shall provide this notice to each affiliated employee covered by this notice, and
shall also post this notice in a conspicuous site in its place of business. All recipients and subcontractors shall retain payroll
records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years.
To file a claim, visit: Department of Employment Services , Office of Wage-Hour, 400 Virginia Ave., SW, 4th Flr, Washington,
D.C. 20024; call: (202) 671-1880; or file your claim on-line: does.dc.gov. Go to “File a Claim” tab.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Department of Employment Services
MURIEL BOWSER DR. UNIQUE MORRIS-HUGHES
MAYOR DIRECTOR
4058 Minnesota Ave, N.E. • Suite 3600 • Washington, D.C. 20019 • Office: 202.671.1900
LIVING WAGE ACT FACT SHEET
The Living Wage Act of 2006, D.C. Code §§ 2-220.01 – 2-220.11, provides that District of Columbia government
contractors and recipients of government assistance (grants, loans, tax increment financing) , in the amount of
$100,000 or more, shall pay affiliated employees wages at no less than the current living wage rate.
Effective January 1, 2024 until June 30, 2024, the living wage rate is $17.05
per hour.
Effective July 1, 2024, the District’s Minimum Wage and Living Wage will
increase to $17.50 per hour.
Subcontractors of D.C. government contractors , who receive $15,000 or more from the contract , and subcontractors
of the recipients of government assistance, who receive $50,000 or more from the assistance, are also required to pay
their affiliated employees no less than the current living wage rate.
“Affiliated employee” means any individual employed by a recipient who receives compensation directly from
government assistance or a contract with the District of Columbia government, including any employee of a
contractor or subcontractor of a recipient who performs services pursuant to government assistance or a contract.
The term “affiliated employee” does not include those individuals who perform only intermittent o r inc idental
services with respect to the government assistance or contract, or who are otherwise employed by the contractor,
recipient or subcontractor.
Exemptions – The following contracts and agreements are exempt from the Living Wage Act:
1. Contracts or other agreements that are su bject to higher wage level determinations required by federal
law (i.e., if a contract is subject to the Service Contract Act and certain wage rates are lower than the
District’s current living wage, the contractor must pay the higher of the two rates);
2. Existi
ng and future collective bargaining agreements, provided that the future collective bargaining
agreement results in the employee being paid no less than the current living wage;
3. Contrac
ts for electricity, telephone, water, sewer or other services provided by a regulated utility;
4. Contrac
ts for services needed immediately to prevent or respond to a disaster or imminent threat to
public health or safety declared by the Mayor;
5. Contra
cts or other agreements that provide traine es with additional services including, but not limited
to, case management and job readiness services, provided that the trainees do not replace employees
subject to the Living Wage Act;
6. An employee, under 22 years of age, employed during a school vacation period, or enrolled as full-time
student, as defined by the respective institution, who is in high school or at an accredited institution of
higher education and who works less than 25 hours per week; provided that students not replace
employees subject to the Living Wage Act;
7. Tenants
or retail establishments that occupy property constructed or improved by receipt of
government assistance from the District of Columbia; provided, that the tenant or retail establishment
did not receive direct government assistance from the District of Columbia;
8. Employee
s of nonprofit organizations that employ not more than 50 individuals and qualify for taxation
exemption pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1954, approved August 16,
1954 (68 A Stat. 163; 26. U.S.C. §501(c)(3));
9. Medicaid
provider agreements for direct care services to Medicaid recipients, provided, that the direct
care service is not provided through a home care agency, a community residence facility, or a group
home for persons with intellectual disabilities as those terms are defined in section 2 of the Health-Care
and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983; D.C. Official
Code § 44-501; and
10. Contr
acts or other agreements between managed care organizations and the Health Care Safety Net
Administration or the Medicaid Assistance Administration to provide health services.
Enforcement
The Department of Employment Services (DOES) Office of Wage -Hour and the D.C. Office of Contracting and
Procurement share monitoring responsibilities.
Home Care Final Rule: The Department of Labor extended overtime protections to home care workers
and workers who provide companionship services. Employers within this industry are now subject to
recordkeeping provisions.
If you learn that a contractor subject to this law is not paying at least the current living wage, you should report it to
the contracting officer. If you believe that your employer is subject to this law and is not paying at least the current
living wage, you may file a compla int with the DOES Office of Wage - Hour, located at 4058 Minnesota Avenue,
N.E. Suite 3600, Washington, D.C. 20019, call (202) 671-1880, or file your claim on-line: www.does.dc.gov. Go to
“File a Claim” tab.
For questions and additional information, contact the Office of Contracting and Procurement at (202) 727-0252 or the
Department of Employment Services on (202) 671-1880.
Please note: This fact sheet is for informational purposes only as req uired by Section 106 of the Living Wage Act. It should not
be relied on as a definitive statement of the Living Wage Act or any regulations adopted pursuant to the law.
Exhibit R – Award Fee Pool
Page 40 of 83
Award Fee Determination. The Design-Builder shall be entitled to the At-Risk
Portion as follows:
If a GMP is agreed upon by the Design-Builder and the Department within
twelve (12) months after issuance of the NTP and the GMP is less than the
Project Budget as set forth in Section 1.3, the Design-Builder shall earn twenty-
five percent (25%) of the At-Risk Portion (i.e. 10% of the Design-Build Fee).
a) The Design-Builder shall be eligible to earn up to thirty three percent (33%) of the Award
Fee Pool based on the overall level of quality of the Project as delivered (such amount, the
“Quality Incentive Amount”). Entitlement to this portion of the Award Fee Pool shall be
determined by an award fee committee (the “Award Fee Evaluation Committee”), which
will be appointed by the Design-Builder and the Department within sixty (60) days after
award. The Award Fee Evaluation Committee shall consist of the
following people:
i. DGS Capital Construction Division (CCD) Deputy Director, or their designee
ii. DCPS Chief of Facilities, or their designee
iii. DGS CCD representative
iv. DCPS Facilities representative
P
aneli
st shall
not be an individual who has day- to-day interactions or involvement on the
Project. Panelist shall not be an individual who is presently involved in an active project
with the Design-Builder. Upon Substantial Completion, the Award Fee Evaluation
Committee shall inspect the Project and assess, for each of the areas of the Project listed

below, the overall appearance, functionality and level of quality found in the Work. In
making this determination, the Award Fee Evaluation Committee shall average their
individual scores into a single score based upon the following scale:
i. 0 points –
the Design-Builder failed to meet the minimum requirements of
the Project and/or quality.
ii.1 point – the Design-Builder marginally met the minimum requirements of
the Project and/or quality with major deficiencies
iii.2 points –
The Design-Builder marginally met the minimum requirements
of the Project and/or quality with minor deficiencies
iv. 3 points –
The Design-Builder met the requirements of the Project and/or
quality with minimal deficiencies
v. 4 points – The Design-Builder met some requirements and/or quality and
exceeded others. There were no deficiencies.
vi. 5 points – The Design-Builder exceeded most, if not all, the requirements
of the Project and/or quality with no
deficiencies.
Page 41 of 83
If the Award Fee Evaluation Committee’s average score is 4 points or greater, then the
Design-Builder shall be entitled to the full awa rd fee. If the average scor e is less than 4,
then the average score shall be divided by four (4) and then multiplied by the award fee.
That shall be the amount of the award fe e that shall be given to the Design-Builder.
Example 1: The average score is 3.5 and the award fee is $200,000. The Design-Builder
shall be entitle
d to $175,000. Example 2: The av erage score is 4.1 and the award fee is
$200,000. The Design-Builder
shall be entitled to
$200,000. At a minimum, the Award
Fee Evaluation Committee shall evaluate the following for their scoring if included:
i. Façade, not including windows;
ii. Windows (exterior), including any framing;
iii. Public space that was part of the Design-Builder’s scope;
iv. Cafeteria;
v. Classrooms(s);
vi. Science Lab;
vii. Level of completeness of punch list;
viii. Historic elements, if included;
ix. Plantings and landscaping;
xi. Interior finishes in hallways;
xii. Interior finishes in classrooms; and
xiii. Interior finishes in offices.
Prior to being eligible for the Quality Incentive walk, all quality control and quality
assurance relate
d deficiencies documented by the District shall be resolved and accepted
as resolved by the District.

b) If the Design-Builder achieves Substantial Completion of the Project as stated in Section 1.5
on time the Design-Builder shall be entitled to receive twenty five percent (25%) of the At
Risk Portion (i.e. 10% of the Design-Build Fee). Entitlement to this portion of the Award
Fee Pool shall be based on the final outcome of the Project and the Project has been
successfully turned over to the District. For the avoidance of doubt, the Design-Builder shall
not be entitled to earn such portion of the Award Fee Pool even if the failure to deliver on-time
was caused by DCPS, the Department, delays resulting from the permitting or zoning
process, or an event of Force Majeure.
c) If the Design-Builder achieves Final Completion of the Project as stated in Section 1.5, the
Design-Build Fee and the final amount due to the Design-Builder (inclusive of the
Preconstruction Fee, the Design Budget, the earned portions of the Award Fee, the Base Design-
Build Fee and the Cost of General Conditions) is less than one hundred three percent (103%) or
the GMP as originally established, the Design-Builder shall earn twenty five percent (25%) of
the At-Risk Portion (i.e. 10% of the Design-Build Fee). Entitlement to this portion of the Award
Fee Pool shall be based on the final outcome of the Project. For the avoidance of doubt, the
Design-Builder shall not be entitled to earn such portion of the Award Fee Pool even if the
failure to deliver within the (103%) cost goal was caused by DCPS, the Department, delays
resulting from the permitting or zoning process, or an event of Force Majeure.
Exhibit S - BIM Requirements
Link to BIM Requirements
https://app.box.com/s/0yshoqg7ke2y1ewcxqqndst52bpupawk
Exhibit T - DGS Closeout Manual
GOVERNMENT OF THE
DISTRICT OF COLUMBIA
Projects Turnover Protocol
Prepared by Capital Construction Division
2024
Revision 2024.0
Revision 2024. 1
3/1/24
3/8/24 - Mod. CTM info
Revision 2023.0ReRevision 2023.0vision 2023.0
1. INTRODUCTION :
The Turnover Protocol is the process for transfer of a construction project from the
Capital Construction Services Division (CCS) to the Facilities & Maintenance
Division (FMD) of the District of Columbia’s Department of General Services
(DGS).
The following Step by Step Procedures, and associated documents, provide the
process to:
a) Allow FMD input into the design process,
b) Provide FMD the ability to amend their personnel, equipment and
budgets to reflect the upcoming changes to their maintenance
responsibilities, and
c) Facilitate timely transfer of the documents required by FMD to
adequately maintain the facility, immediately the project is turned
over to them.
The principal contact for the Turnover Protocol is the Construction Turnover Manager (CTM),
Construction Punch
list Manager (CPM) and the Facilities Turnover Manager: (FTM)
The current CTM is:
The current FTM is:
Mr. Henry Miller
henry.miller@dc.gov
Office – (202) 698-7912
Cell - (240) 216-2317
Mrs. Sonya Woodall
sonya.woodall@dc.gov
Office – 202-545-3032
Cell – 202-437-6518
The current CPM is:
Vacant
Office –
Cell -
The Turnover P
rotocol is an Internal DGS process that flows between the Capital Construction
PM, the CTM, the FTM, and FMD (or other responsibly agencies facility management
department).
The Turnover Protocol applies to all Capital Construction Projects regardless of client agency,
funding source, funding amount, or scope. The extent of involvement will be determined by
the CTM based on the scope of the project and whether maintenance will be by DGS-FMD or
others.
The Turnover P
rotocol is not Project Close-Out. Close-Out is between the contractor and the
DGS-PM team. The two processes are intertwined but the goals are different.
2. STEP BY STEP PROCEDURE
The following Step-by-Step procedure should be followed as described in the
“Description” column using the forms and documents noted in the “Documents”
column, copies of which are attached. Clarifications on procedures are contained in the
Appendices, also attached, and referenced in the Step-by- Step procedures. If you are
unclear as to the intent of any of the steps, or how to process the information, please
contact the Construction Turnover Manager noted in the introduction section above.
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
1 Invite Construction
Turnover Manager to
Design Kickoff Meeting.
DGS Project Manager (DGS-PM) shall invite
Turnover Manager to the Design Kick–Off
Meeting.
FTM may provide lessons learned from previous
projects, any preferences regarding the building
systems, and institutional knowledge of the
facility. PM should advise the Turnover Manager
of the anticipated design document review
schedule.
Lessons Learned &
Recommendations
(Provided by
Facilities, Agency
Dependent).
2 Opportunity to review
A/E submittals-
Schematic Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
3 Opportunity to review
A/E submittals- Design
Development
Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review. DGS-PM
shall include responses to comments from previous
review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
4 Opportunity to review
A/E submittals-
Construction
Documents.
As soon as available the DGS-PM will forward a
ProjectTeam Action Item to Turnover Manager
advising documents are ready for review. DGS-PM
shall include responses to comments from previous
review.
Review time will be 10 working days (no exceptions)
Comments to be noted directly on documents in
ProjectTeam or in Review Comment Form. CTM will
collate and provide comments to PM.
Turnover Manager shall be invited to the design
review meeting, if one is held.
Review Comment
Form
DESIGN PHASE
Update 06/02/23 5
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
5 Construction Kickoff
meeting.
DGS-PM shall invite Turnover Manager to the
Construction Kick–Off Meeting. FTM shall be
provided with the construction schedule. GC shall
advise Progress Meeting schedule
6 Pre Close-In
Walkthrough.
At appropriate times during construction, DGS-PM
shall invite Turnover Manager to a walkthrough of
the project to allow Facilities staff to observe and
familiarize themselves with the as-built condition of
building systems, prior to close-in, and comment on
any noted concerns.
A.
7 Notify Turnover
Manager of
Commissioning
Schedule.
Once active commissioning is scheduled FTM shall
be advised, so Facilities can observe per their
requirements. DGS-PM should provide the
completed Equipment List at this time.
Equipment List B.
8 Schedule Closeout
Conference
On larger projects, DGS-PM shall schedule a
Project Closeout Conference when the DGS-PM
Team deem it adventagous.
Invitee's should include FTM, CTM, A-E, Client
Agency Rep.and, at GC's discretion, major sub-
contractors. Schedule with sufficient time to help
GC prepare for requesting Substantial Completion.
Turnover Checklist
Base
9 Schedule Training
Sessions.
DGS-PM shall invite Turnover Manager to all
training sessions required by the contract
documents, (or requested by FTM based on scope
of work). Provide Turnover Manager with a
minimum of five working days’ notice to allow
Facilities to schedule the correct personnel. All
training sessions shall be recorded. Include sign-in
sheet
A.
C.
10 Pre-Substantial
Completion Final
Punch List Walk
DGS-PM shall invite the Turnover Manager and
Punch list Manager. (Following the contractors
written request for Substantial Completion in
accordance with specification section 017700)
Request for
Substantial
Completion Letter
A.
11 Process Certificate of
Substantial
Completion.
DGS-PM shall review the documents provided by
the Contractor, mark up the Pre-Substantial
Completion Section of Turnover Checklist and
provide to CTM for verification. DGS-PM and
CTM shall process the Certificate of Substantial
Completion.
Certificate of
Substantial
Completion
D.
E.
F.
G.
H.
12 Process Final
Completion
Documents
DGS-PM shall review the documents provided by
the Contractor, mark up the Pre-Final Completion
section of the Turnover Checklist and provide to
CTM for verification.
G.
H.
I.
CONSTRUCTION PHASE
Update 03/08/24 5
TURNOVER PROTOCOL - STEP BY STEP PROCEDURE
STEP TITLE DESCRIPTION TURNOVER
DOCUMENTS
APPEN-
DICES
13 Confirm Second
Season HVAC
Commissioning done.
Sign and date relevant box in the Post-Final
Completion section of the checklist and forward to
CTM.
Marked up Turnover
Checklist (Post-
Final Completion
Section)
14 Confirm
miscellaneous Post-
Final Completion
items are done.
Once items are done, sign and date relevant box in
the Post-Final Completion section of the Turnover
Checklist. Forward to CTM. The following are
examples of Post-Final Completion Items which
may or may not be applicable depending on the
specifics within the project specifications. If service
visits are required provide copies of the work
tckets to the Turnover Manager for record.
Marked up Turnover
Checklist (Post-
Final Completion
Section)
H
14a Door Hardware
Maintenance
Typically a 6 month maintenance agreement ,
including quarterly preventative maintenance.
14b Kitchen Equipment Typically a follow up demonstration at three months.
14c Elevator Maintenance Typically provided for the same duration as the
specified warranty term.
14d HVAC Water
Treatment
In a hydronic system, typically a one year
maintenance agreement included for water
treatment, including chemicals supply.
14e Infrared Inspection Typ. at 2 & 11 months after Substantial Completion.
14f Lighting Controls Manufacturers optimization visit included for the
Lighting Control System, to be conducted six
months after Substantial Completion.
14g Telephone & Data One year maintenance agreement, including four
quarterly inspections and service calls.
14h Video Surveillance Annual remote and on-site service and
maintenance, including all software patches and
upgrades.
14i Access Controls
System
Occupancy adjustment included , to be scheduled
six months after Substantial Completion.
14j Vegetated Roof
Assembly
Typically two year maintenance agreement.
15 One Year Warranty
Expiration
Walkthrough.
PM shall schedule this walkthrough, invite the
Turnover Manager and client agency
representatives. Once the generated punch list is
complete, sign and date relevant box in the Post-
Final Completion section of the Turnover Checklist
and forward to CTM.
Marked up Turnover
Checklist (Post-Final
Completion Section)
J.
POST-CONSTRUCTION PHASE
Update 06/02/23 5
H.
H
H
H
H
H
H
H
H
H
H
3. TURNOVER RELATED DOCUMENTS
The CTM will create a submittal file (01 7700 01.0 DGS Turnover Documents) in
ProjectTeam that includes the following forms for your use.
1. Design Review Comment Form
2. Request for Substantial Completion.
3. Equipment
List.
4. Turnover Checklist.
5. Contact List.
6. A/E Sign-off.
7. Client Agency Acknowledgement.
8. Certificate of Substantial
Completion.
9. 11
Month Warranty Walk
Tracker
Project: Date:
Reviewer: Review Stage:
ITEM DRAWING/
SECTION TOPIC COMMENT RESPONSE FOLLOW UP
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TURNOVER PROTOCOL
REVIEW AND COMMENT FORM
Updated 12/07/23 Page 1 of 1
Form Rev. 1.0 06/01/23
REQUEST FOR SUBSTANTIAL COMPLETION
[Date]
Capital Construction Services
Department of General Services
3924 Minnesota Ave. NE
Washington DC 20019-2661
Attention: _____________________________ [DGS-PM]
Reference: _____________________________ [project name]
Dear Sir/Madam,
____________________________________ [contractor] hereby requests an inspection for determination
of date of Substantial Completion for the above referenced project, or portion hereof as detailed below.
[insert description of partial area] The following documents have been uploaded to ProjectTeam in the
Submittals form:
 Certificate of Occupancy.
 Other final inspections, operating certificates, and similar releases, permitting District unrestricted
use of Work and access to services and utilities. [list]
 Draft copies of warranties, workmanship bonds, maintenance service agreements, final
certifications, and similar documents, including a warranty contact list.
 Comprehensive Punch List, as approved by the DGS-PM, with all material items completed.
 Schedule of Attic Stock, including all tools, spare parts, extra materials, and similar items, as
required by Specification Section 017861.
 Operation and Maintenance Manuals in accordance with specification section 017823.
 Equipment list in spreadsheet format, including equipment tag/label information.
 Closure reports for environmental abatement work performed by the contractor. (list)
 Draft commissioning report of systems, subsystems, and equipment in accordance with Section 01
91 13, including letter from Commissioning Agent certifying that all material issues have been
resolved and systems are fully functional.
Additionally, we advise the following:
 The following utility meter numbers need to be transferred to District responsibility as of date of
Substantial Completion
PEPCO _____________________________________
Washington Gas _____________________________________
DC Water. _____________________________________
 We have contacted and advised the door hardware manufacturer to have the permanent keys and
cores delivered directly to you prior to date of Substantial Completion.
 All fuel oil tanks have been filled. They will be topped off on the day designated for Substantial
Completion.
 All training required by the Contract Documents has been completed.
Please advise when the inspection will be conducted.
Sincerely,
__________________________________________________
[Signature and printed name]
DGS CAPITAL CONSTRUCTION/FACILITIES MANAGEMENT TURNOVER PROTOCOL FORM
Equipment List
Agency NOTES:
Facility
Address
Equipment Type
(Common Name) Manufacturer Model No. Serial No. Refrigerant RPM Voltage Amps Phases Horse Power Installation Date BTU Fuel Type Filter Size Size/Capacity Room Number Floor
Number
Tag/
Label
PLUMBING
1
2
3
4
5
6
7
8
9
HVAC
1
2
3
4
5
6
7
8
9
ELECTRICAL
1
2
3
4
5
6
7
8
9
OTHER
1
2
3
4
5
6
7
8
9
<Insert DGS's Client Agency>
<Insert Facility Name>
<Insert project address>
1. If in doubt whether on not to include a piece of equipment,
include anything that has a serial number.
2. Do not alter thi
s form, other than adding lines as necessary.
PHYSICAL TAG/LABEL INFO
DGS Turnover Protocol Equipment List rev. 11/16/23 Page 1 of 1
Anticipated Date of Substantial Completion:
Pre-Substantial Completion As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
2.1
2.2
2.2
2.2
2.2
2.4
2.5
2.6
2.7
2.6
2.8
2.9
2.10
2.6
2.601 77 00
Proposed schedule of maintenance
Contact List.
Equipment schedule (in excel) 01 78 23
Operation Certificates & Permits
All DOB Final Approvals
Boiler inspection (Green Stickers)
Commisioning / HVAC balancing complete
All training completed
Final cleaning completed
01 78 23
Cx deficiency log items resolved.(See Reference
Note)
Verified Received by:
Name:
01 79 00
01 78 23
01 50 00
Facilities Turnover Manager
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Activity
SPEC
SECTION
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
01 77 00
Elevator (conveying system) inspection 01 77 00
Other operator certificates (per project) 01 77 00
Certificate of Occupancy
01 77 00
01 77 00
O & M manuals submitted
Keys: permanent cores and keys to DGS
Punch list (with only minor items remaining)
01 91 13
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 1 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
3.1
3.3
3.4
3.2
3.5
3.6
3.6.1
3.6.2
3.2
3.2
3.8
3.7
3.9
3.2
3.11
3.12
3.13
01 77 00
Facilities Turnover Manager
Name:
Verified Received by:
Training recordings submitted
SPEC
SECTION
Pre-Final Completion
Activity
01 79 00
Final meter reading for utilitites 01 50 00
Fuel Tanks Filled
Final Commissioning report.
Drawings (PDF and CAD files) 01 78 39
Warranties 01 78 70
Elevator (conveying system) certificate
Final Property (wall check) Survey
01 77 00
Attic stock, parts and equipment list
01 78 39
DOEE (SWM) approval
MSDS for finishes & materials incorporated.
Specifications
01 78 70
As-built documents.
Environmental, Health & Safety documents.
Maintenance Agreements
Valve Plan
Tags, labels, plaques (if applicable)
Meter plan
Punch list with all items resolved. 01 77 00
01 78 61
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 2 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
As of
DGS PM
INITIAL
Date
Complete Comments
Reference
Note
4.1
4.1
4.1
4.1
4.1
4.1
Second season HVAC commissioning completed.
Completion unless otherwise agreed to in writing by the Contracting Officer. Agreements must be written to the benefit of the District. The scope of work
must be clearly stated, in the agreement, to allow the Facilities Maintenance staff to confirm the work is being completed.
3.5. Attic Stock: Confirm all attic stock has been provided by initializing in the PM Check column. Provide an itemized list, with quantities, of
all materials, parts and equipment. Also, include stored location.
3.6. As Built Documents:
3.2. Confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
3.3. Warranties:
3.3.1. All warranties shall start on the date Substantial Completion as noted on the EXECUTED Certificate of Substantial Completion.
3.3.2. Special warranties, those extending past the General Contractors standard one year warranty, must not be addressed solely to the
General Contractor. They must also be written to the benefit of the District (or Owner).
3.4. Maintenance Agreements: If the project includes Maintenance Agreement(s) these agreements shall start at the date of Substantial
2.7 For Substantial Completion all Cx deficiency log items should be resolved. Any remaining minor items must be added to the punch list.
2.6. Confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
2.8. Contact List: Provide list of contractors by trade. Contact details should be those for warranty calls, not the necessarily the construction contact.
2.9. O&M Manuals Submitted:
2.9.1. Manuals are required at Substantial Completion as the District will be responsible for maintenance as of that date.
2.9.2. O&M Manuals shall be organized in the same order as the project specification sections. Provide files divided by
specification division and with filenames starting with the specification section.
2.10. Proposed Schedule of Maintenance: The O&M manuals shall include a written schedule of maintenance.
3. PRE-FINAL COMPLETION
3.1. Elevator certificate: Provide copy of certificate (The one that is typically displayed in the elevator)
2. PRE-SUBSTANTIAL COMPLETION
2.1. Certificate of Occupancy: Conditional may be acceptable if allowed by construction contract.
2.2. Other Inspections: Provide copies of final inspections and approvals as applicable to project.
2.3. Emergency Evacuation Plans: Confirm these are prepared and posted. They must be posted prior to occupancy.
2.4. Punch List (with only minor items remaining): Provide a copy of the consolidated punch list. At Substantial Completion all material punch list
items have to be completed. Material punch list items are those that would restrict the Districts full intended use of the facility. Also see note 2.7 below
2.5. Equipment Schedule: Provide a completed equipment schedule (base form provided in ProjectTeam).
1. GENERAL NOTES
1.1. PM to initial and date (when completed) against each item applicable to the project.
1.2. PM to note “N/A’ against each item not applicable to the project.
1.3. For each phase, all documents are to be collected by PM and turned over to Turnover Manager at one time.
1.4. When submitting each phase, don't leave a box in the ‘PM Check’ column blank. Either initial as done, mark N/A, or provide a comment.
Facilities Turnover Manager
Name:
Verified Received by:
Elevator inspection report (one year)
Fire Alarm inspection report (one year)
Infrared testing of electrical system (6 months)
Activity
SPEC
SECTION
Any other Post-Final contract requirements (list),
following are examples.
Post-Final Completion
Pre 1 year warranty expiration inspection.
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 3 of 4
Anticipated Date of Substantial Completion:
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
CONSTRUCTION / FACILITIES DIVISIONS
TURNOVER CLOSEOUT CHECK LIST
Agency - Facility - Project - Year
DGS PM
Intial S.C. Date
Project Name:
Project Manager:
3.8. Provide copy of DOEE Final Approval letter for SWM.
3.13. Final Property (wall check) Survey: Provide in PDF format if required by Contract Documents or Surveyors office.
4. POST-FINAL COMPLETION
4.1 If required by contract documents, confirm complete by initializing in the “PM Check” column and dating in the “Date complete” column.
Mark N/A if not applicable.
3.7. Environmental, Health & Safety Documents: Provide all applicable documents in electronic format for archiving. Mark N/A if not
applicable. Do not leave blank.
3.9. Final Meter Reading for Utilities: Confirm final readings have been taken and responsibility transferred to the District. If a Landlords
responsibility, mark N/A.
3.10. Permanent Meters installed: Confirm no temporary meters remain in use.
3.11. Training Recordings Submitted: Submit electronic copies of all training sessions, in ProjectTeam.
3.12. Final Commissioning Report: Provide in electronic in ProjectTeam.
3.6.1. Drawings: Provide electronic PDF files by discipline and CAD (or BIM) files, including all required XRef files.
3.6.2. Specifications: Provide an electronic copy of the complete set of project specifications, amended to reflect any changes occurring
during the construction phase.
form update 06/01/23 3924 MINNESOTA AVE. NE ● WASHINGTON, D.C. 20009
Office:(202)545-3032 ● Main: (202)724-4400 Page 4 of 4
Project Name: Agency - Facility - Project - Year
Project Manager: DGS PM
Company Contact Office Phone Cell Phone Email Website
GENERAL
CONTRACTOR
Sr. Project Manager
Asst. Project Manager
Project Coordinator
LEED Coordinator
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 04 - Masonry
DIVISION 05 - Metals
DIVISION 02 - Existing Conditions
DIVISION 03 - Concrete
SUB-CONTRACTORS (add or remove as appropriate to project), (use appropriate contact for warranty work)
TURNOVER CONTACT LIST
DIVISION 06 - Wood, Plastics & Composites
DIVISION 07 - Thermal & Moisture Protection
Form update 06/01/23 1 of 3
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 21 - Fire Suppression
DIVISION 23 - Heating, Ventilating & Air Conditioning
DIVISION 14 - Conveying Equipment
DIVISION 22 - Plumbing
DIVISION 12 - Furnishings
DIVISION 13 - Special Construction
DIVISION 11 - Equipment
DIVISION 10 - Specialties
DIVISION 09 - Finishes
DIVISION 08 - Openings
DIVISION 26 - Electrical
Form update 06/01/23 2 of 3
Division/Trade Company Contact Office Phone Cell Phone Email Website
DIVISION 28 - Electronic Safety & Security
DIVISION 31 - Earthworks
DIVISION 32 - Exterior Improvements
DIVISION 33 - Utilities
DIVISION 27 - Communications
Form update 06/01/23 3 of 3
A/E SIGN OFF FOR SUBSTANTIAL COMPLETION
TURNOVER PROTOCOL Page 1 of 1 A/E Sign Off Form Doc rev. 1.2 (06/01/23)
PROJECT NAME: <Exactly as written in construction contract>
CONTRACTOR: <Exactly as written in construction contract>
CONTRACT No.: <Exactly as written in construction contract, including Task Order No.>
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
We ___________________________ have reviewed the complete project, or partial project as noted above,
Architect/Engineer (Firm Name)
and to the best of our knowledge, information and belief, have found the Work to be in accordance with the
Contract Documents, except as noted on the attached punch list.
We also confirm we have reviewed the closeout documents required for substantial completion (as detailed
in the Turnover Protocol “Request for Substantial Completion” letter) and found the closeout documents to
be in accordance with the Contract Documents.
___________________________________________________ ____________________________
A/E Signature and printed name and title D a t e
Note: The above does not, in any way, designate the date of Sub stantial Completion as pertains to the
contract between the Contractor/Construction Manager/Design Builder and the District.
CLIENT AGENCY ACKNOWLEDGEMENT
TURNOVER PROTOCOL Page 1 of 1 Client Agency Form
Doc. Rev. 1.0 (06/01/23)
CONTRACT NAME:
CONTRACT No.:
CLIENT AGENCY:
CONTRACTOR:
<Exactly as written in construction contract>
<Exactly as written in construction contract>
_________________________________________________________________
<Exactly as written in construction contract>
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________ (Client Agency) acknowledges receipt of the following close-out/turnover
documents for the above referenced project.
 Certificate of Occupancy/Building final Inspection.
 Operation and Maintenance Manuals
 As-Built Drawings (pdf & AutoCad)
 Warranties,
 Maintenance service agreements, (List)
 Project Contact List
 Schedule of Attic Stock.
 Equipment list.
 Closure reports for environmental abatement work.
 Commissioning report (Draft, final to follow)
 ________________________________________
 ________________________________________
___________________________________________________ ____________________________
Client Agency Contact and printed name Date
(for non-DGS maintained facilities)
CERTIFICATE OF SUBSTANTIAL COMPLETION
Page 1 of 2
CONTRACT NAME: __________________________________________________________
CONTRACTOR: __________________________________________________________
CONTRACT No.: - - -
 COMPLETE PROJECT.
 PARTIAL – List areas/phase
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
DGS-PM to complete Section 1 or Section 2
SECTION 1 - Substantial Completion Request Rejected
 As requested by the Contractor, the DGS-PM has inspected the project and the submitted close-
out documents.
The following items must be completed or corrected prior to certifying the Date for Substantial
Completion.
ITEM DESCRIPTION COMPLETE
1
2
3
4
5
6
7
8
9
10
11
12
Once the above noted items are complete, submit written request for re-inspection.
____________________________ __________________________________________________
DGS-PM and printed name
Certificate of Substantial Completion (rev. 060123)
Date
Certificate of Substantial Completion (rev. 060123) Page 2 of 2
CERTIFICATE OF SUBSTANTIAL COMPLETION
SECTION 2 - Substantial Completion Request Accepted
 As requested by the Contractor, the DGS-PM has inspected the project and the submitted close-
out documents and recommends the Project, or Specified area of the Project, be accepted as
Substantially Complete at ______________ (time) on _______________, 20__. (date)
____________________________ __________________________________________________
DGS PM and printed name Date
___________________________________________________ ____________________________
Construction Turnover Manager and printed name Date
____________________________ __________________________________________________
Executive Program Manager and printed name
Date
All warranties will start the day of Substantial Completion, with the exception of those items remaining
on the attached punch list, which will start as of the date of Final Completion. The failure to include an
item on the punch list does not alter the responsibility of the Contractor to complete all the Work in
accordance with the Contract Documents, including authorized changes thereof. The Contractor shall
complete or correct the work on the attached punch list by ____/____/____. If the list of items is not
completed within the time allotted the District has the right to be compensated for the delays and/or
complete the work with the help of an independent contractor at the expense of the retained project
funds. If the retained project funds are insufficient to cover the delay/completion damages, the district
shall be promptly reimbursed for the balance of the funds needed to compensate the District, either
directly or by claim against the Performance Bond.
Warranty Walk-through Check List
Project Name:
Date:
Partic
ipants: Reference Sign In Sheet
Item # BIC Warranty or
Maintenance
Floor and Location Description Action
2
3
4
5
6
7
8
9
10
11
12
13
1

4. APPENDICE (CCS PM’s)
A. TURNOVER MEETING REQUIREMENTS
Re
garding scheduling contract and Turnover Protocol required meetings
commissioning, training sessions, pre-cl ose-in walk-throughs, punchlist, etc.), DGS
Facilities have requested the following time fra mes be used to the greatest extent
possible. This is required to accommodate their mechanics work schedules.
• Mechanic
al equipment training/commissioning: 7a.m. start, conclusion by noon.
• Electrical & Plumbing equipment training/commissioning: 9a.m. start,
conclusion by 2p.m.
• Pre-close-in walkthroughs, punchlists: 9a.m. start, conclusion by noon.
• If multiple trades involved provide individual start times for each trade.
Per the Turnover Protocol these sessions must be scheduled a minim um of 5 working
days in advance, to allow Facilities to rework their personnel schedules accordingly.
Invites should be sent to both the CTM and the FTM. FTM will distribute to the appropr iate
personnel within FMD.
Invites shall include a) specific meeting location, easily identifiable to someone not familiar
with the current site conditions and b) advice on the site-specific PPE requirements.
B. EQUIPMENT LIST
H
ave GC/CMAR/D-B compl ete the form and upload it to ProjectTeam just prior to the star t of
Functional Testing in the Commissioning process. Send a forced notification to CTM & FTM, as
soon as uploaded. Do not allow the GC/CMAR/D-B to modify the document in any way, other
than adding additional lines as required. Equipment Tag/Labe l information must be the
inform
ation that’s on the physical tag, not the information on the equipment schedule in the
construction drawings, and each tag must be unique . (Reference the requirements in the
specifications, typically sections 220553, 230553, 260553.)
C. TRAINING RECORDINGS
Recordings shall be professional in nature. Not recorded by a random individual on their
cellphone. Please be aware of background noise, especial ly around mechanical equipment. Please
keep files to a maximum of 2GB, breaking into parts if necessary. When a commissioning agent
is employed on the project, training must not be conducted until the Cx advises the equipment is
ready for training.
D. A/E SIGN OFF FOR SUBSTANTIAL COMPLETION
On projects where you have an A/E, either as part of a D-B team or provi ding Title II services,
use the A/E Sign-Off fo rm to have the A/E certify the work has been completed in accordance
with the design and that the close-out documents have been reviewed and comply with the project
specifications.
Tick either the “Complete Pr
oject” box or the “Partial” box, as appropriate. If a Partial
Turnover
, include a clear description of the area being turned over. Attach marked up plans
(with
system demarcation points highlighted) as
necessary.
E. CONTACT LIST
Contact list must
be provided with the pre-substantial completion package. Contact list for
Turnover purposes should include the
GC/DB and all first-tier sub-contractors. It should be
organized by trade (or specification division), not by company name. The contact information
should be the
correct information for warranty calls, not necessarily the on-site or construction
contacts, as many
larger companies have designated warranty departments. An appropriate
contact list base is provided in this package.
F. PROCESSING CERTIFICATE of SUBSTANTIAL
COMPLETION
Per standard Division 1 specification requirements, Contractor shall submit a written
request for Substantial Completion, 10 days prior to when they anticipate being
substantially complete. At that time, they must provide all the close-out documents
required for substantial completion. See the “Request for Substantial Completion”
document, in
the documents section of this manual, which the contractor can use for this
purpose. It also
provides a checklist of the items typically required.
Once received, the DGS-PM
should review the project conditions and the documents
provided and either reject the request or recommend acceptance.
If rejecting the request, you can use Section 1 of the Certificate of Substantial Completion to list
the
deficiencies and officially reject the request.
If recommending
acceptance, complete the relevant parts of Section 2 of the CofSC per the
following:
When you have all the docs required by the first page of the Turnover Checklist complete the
Complete the first page of the Turnover Checklist and attach to the CofSC, as page 3.
1. Attach the punchlist as of your proposed Substantial Completion date, as page 4, (only if
there are any outstanding items). Remember to include any outstanding Cx Issue Log items in
the Punchlist.
2. Input your proposed Substantial Completion date in the space provided in the second from
last paragraph of the second page.
3. In the last paragraph on the second page, in the space provided, add the date by which you
want the contractor to complete the punchlist. (if none insert N/A)
4. Also, on the second page, electronically sign the document on the “DGS PM” line. Do not
sign the first page.
5. Forward to the CTM, as a Project Team Action Item.
G. CLIENT AGENCY ACKNOWLEDGEMENT
On a project where CCS is respons ible for managing the construction, but another agency is
responsible for maintenance, the turnover documents should be provided to that agency. Have
the agency complete the Cli ent Agency Acknowledgement form and return a copy to the CTM.
H. PROJECTTEAM TRANSMITTAL PROCESSING
For each phase of Turnover, once the DGS-PM has reviewed and accepted the documents, create
a
transmittal in ProjectTeam. Transmittal line items shall mimic the Turnover Checklist activity
line items.
Pl
ease reference the ProjectTeam Quick Reference Guide on process on creating a transmittal
Link: projectteam.com/dgs/home.html
Once the transmittal has been created forward a ProjectTeam Action Item to CTM.
I. TURNOVER FINAL SIGN-OFF
On
ce the Final Completion documents have been r eceived and accepted by the CTM the CTM will
provide a Turnover Fi nal Sign-O ff which must be included in the PM’s package for release of
retainage submitted to the Deput y Director. To provide this sign-o ff, the following must have
o
ccurred: -
a. all requir
ed turnover documents must have been provided to the CTM.
b. Any post-substantial completion maintenance included in the construction contract must
be covered by a Maintenance Agreement between the sub-contractor providing that
maintenance and the District and must be executed by an officer of the sub-contractor.
c. If DGS-FMD is not providing ongoing maintenance the Client Agency Acknowledgement
must be provided.
J. WARRANTY WALK
The purpose of the “One Year Warranty Walkthrough” is to identify any items that should have
been called in as warranty issues by the client or DGS-FMD, but have not been for any particular
reason. Therefore, at the walkthrough we need the following:
1. an on-site representative from the client to point out any issues they may have,
2. an on-site representative from Facilities to do the same,
3. the DGS PM to determine, and document, which issues are covered by the
construction contract (and therefore warranty issues), which issues are user wear and
tear/damage/lack of maintenance (not warranty issues), and which are not within the
scope of the construction contract (not warranty issues),
4. the contractor, to be aware of any warranty issues identified and to make sure they are
taken care of by the relevant subcontractors before the warranty expires.
You can
use the use the “Warranty Walk-through Check List” included in this protocol to track any
issues found.
5. APPENDICE (FMD Staff)
.
Exhibit U
Link to Quality Control Master Program
https://app.box.com/s/gezyj4x5nj362p64opqn048kz9wtsd5r

Exhibit V - First Source Employment Agreement

GOVERNMENT OF THE DISTRICT OF COLUMBIA
Departmentof Employment Services

x kk
be
a
MURIEL BOWSER Dr. UNIQUE MorRi:
Mayor DirECTOR
September20,2023,
JahanZibSapai
ContractSpecialist‘TheDepartmentofGeneralServices3924MinnesotaAvenue,NEWashington,DC20019
Re:FirstSourceEmploymentAgreement
DearMr.Sapai,
EnclosedisyourcopyofthesignedFirstSourceEmploymentAgreementbetweentheD.C,DepartmentofEmploymentServices(DOES)andChiaramonteConstructionCompanyDeveloper1,General
Contractor62orSubcontractor(1.UnderthetermsoftheAgreement,youarerequiredtouseDOESas
thefirstsourcetofillallnewjobscreatedasaresultofProject:J.0.WilsonESModernizationProject
YoumustregisterandpostyourjobvacanciestotheDepartmentofEmploymentServices’VirtualOne-Stop(VOS)atwww.denetworks.org.
Inaddition,youarerequiredtohavethefollowingpercentageofhoursworkedbyDistrictresidents:20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;and70%ofcommonlaborerhours.Further,DistrictresidentsregisteredinprogramsapprovedbytheDistrictofColumbiaApprenticeshipCouncilshallwork35%ofallapprenticeshiphoursworkedinconnectionwiththeProjector60%whereapplicable.

Reminder:AllGeneralContractorsmustinvitetheirsubcontractorsthataresubjecttotheFirstSourceEmploymentAgreementrequirements,tojointheprojectusingtheFirstSourceOnlineRegistration&ReportingSystem(FORRS),websitehitp://firstsource.dc.gov.Additionally,contractorsarerequiredtoreporthoursworkedpercentagesthroughoutthedurationofyourcontract.ContactthemonitorlistedbelowregardingLCP Trackersubmission,
Ifyouhaveanyquestionsorneedadditionalinformation,pleasecontactDeCarloWashington,(202)698-5772,decarlo.washington@dc.gov
Sincerely,&b1 DZ,
DanielKingInterimAssociateDirectorOfficeofFirstSourceCompliance
Enclosure
4058MinnesotaAve,N.E.*Suite5000+Washington,D.C.20019+Office:202.671.1900

x kk x we
a GOVERNMENTOFTHEDISTRICTOFCOLUMBIA— FIRSTSOURCEEMPLOYMENTAGREEMENTFOR —CONSTRUCTIONPROJECTSONLY
GOVERNMENT-ASSISTEDPROJECT/CONTRACTINFORMATIONCONTRACT/SOLICITATIONNUMBER:0CAM-23-CS-RFP-0009DISTRICTCONTRACTINGAGENCY:DeparimantofGonoralServicesCONTRACTING OFFICER: GeoweG.tews‘TELEPHONENUMBER: 202-727-7138SSCS
TOTALCONTRACTAMOUNT:$14,062,445 CC
THISSECTIONTO BECOMPLETED BYTHE BENEFICIARYONLY:TOTALGOVERNMENTASSISTEDFUNDEDAMOUNT$14,062,445 DATES223
CONTRACT CGRANT QLOAN 0 TAXABATEMENTOR EXEMPTION]LANDTRANSFER[LAND DISPOSITIONAND DEVELOPMENTAGREEMENTDiTAXINCREMENTFINANCINGDANY ADDITIONALLEGISLATION,IFYES.

D.C.CODE#GENERAL CONTRACTORWILLMEETTHE HIRINGOR HOURSWORKEDPEIREQUIREMENTSFORENTIREPROJECT[] ORPEREACHSUBCONTRACTO!
PROJECTNAME:DesignBuildServicesforthe1.0,WilsonESModemizationProjectPROJECTADDRESS:660KStreet,NECITY:Washington, STATE:DC ZIPCODE:20002PROJECTSTARTDATE;03/01/2025 PROJECTENDDATE:7/18/2026EMPLOYERSTARTDATE:03/01/2025 EMPLOYEREND DATE:7/15/2026
INTAGES

EMPLOYERINFORMATION
EMPLOYERNAME:ChiaramonieConstuctonCompany00
EMPLOYERADDRESS:2260WinnesoiaAveSECITY:Washington____ STATE:0 ZIPCODE:20020
‘TELEPHONENUMBER;2025620027__ FEDERAL IDENTIFICATIONNO. :__20-1876336
CONTACT PERSON:FrankChiaramonte,President‘TITLE:Presigent =
E-MAIL;fenkdiocbaercom TELEPHONE NUMBER: 228020027,
CERTIFIEDBUSINESSENTERPRISESCERTIFICATIONNUMBER:+82x3520032005,
D.C.APPRENTICESHIPCOUNCILREGISTRATIONNUMBER:
AREYOU A SUBCONTRACTOR []¥ES[y] NO IFYES,NAME OFPRIMECONTRACTOR:—

ThisFirstSourceEmploymentAgreement(Agreement),inaccordancewithWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2-219.01=2219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03and§32-1431)isarequiredagreementbetweentheDistrictofColumbiaDepartmentofEmploymentServices(DOES)andEMPLOYER.

EMPLOYER,whichincludestheBeneficiaryandallcontractorsandsubcontractors,isworkingona
contractorprojectthathasreceived:
(1 DC. Governmentassistancevaluedbetween$300,000and$5milliondollars,requiredtomakea
goodfaithefforttoensurethat51%ofallnewhiresareDistrictresidents.(D.C.OfficialCode§ 2-
219(6,(1)(A))
D.C.Governmentassistancevaluedat$5millionormore,requiredtohavethefollowingpercentageofhoursworkedineachclassificationbyDCresidents;20%ofjourneyworkerhours;60%ofapprenticehours;51%ofskilledlaborerhours;70%ofcommonlaborerhoursforalljobscreatedbytheProject.(D.C.OfficialCode§2-219.03(1A)(A))

Page1of11 FistSourceEmploymentAgreement,RevisedFebruary15,2018
DOESisthefirstsourceforrecruitment,referral,andplacementofnewhiresoremployeesforalljobscreatedbytheGovernmentAssistedProjectorContract(Project).
‘ThePartiesagreetothetermsandconditionsoftheAgreementasfollows:
1. DEFINITIONS
‘ThefollowingdefinitionsshallgovernthetermsusedinthisAgreement.‘A.Apprenticemeansaworkerwhoisemployedtolearnanapprenticeableoccupationunderthetermsandconditionsofapprovedapprenticeshipstandards.
B.Beneficiarymeans:1. The signatoryto a contractexecuted by the Mayor which involves any Districtof
‘Columbia government funds,or funds which, in accordance with a federalgrant or
otherwise,the Districtgovernment administers and which detailsthe number and
ionofalljobscreatedbya government-assistedProjectforwhichthebeneficiaryisrequiredtousetheFirstSourceRegister;

2.A recipientofa Districtgovernmenteconomicdevelopmentactionincludingcontracts,grants,loans,taxabatements,landtransfersforredevelopment,ortaxincrementfinancingthatresultsinafinancialbenefitof$300,000ormorefromanagency,commission,instrumentality,orotherentityoftheDistrictgovernment,includinga financialorbankinginstitutionwhichservesastherepositoryfor$1
millionor moreof District of Columbia funds.
C.ContractingAgencymeansanyDistrictofColumbiaagencythatawardedagovernmentassistedProjecttotaling$300,000ormore.

D. Directlaborcostsmeansallcosts,includingwagesandbenefits,associatedwiththehiringandemploymentofpersonnelassignedtoaprocessinwhichpayrollexpensesaretracedtotheunitsofoutputandareincludedinthecostofgoodssold.
E,EMPLOYERmeansanyentityawardedagovernmentassistedProjecttotaling$300,000ormore,includingallindividualcontractorandsubcontractorentitiesatanytierwhoworkontheProject.
F.FirstSourceEmployerPortalisawebsiteconsistingofaconnectedgroupofstaticanddynamicwebpageswiththeabilityforEmployerstoenterdatausingtheinternet.Thewebsiteisaccessiblebya UniformResourceLocator(URL)andismaintainedbyDOES.
‘ThewebsiteprovidesreportinginformationtoFirstSourceEMPLOYERS.
G.FirstSourceRegistermeanstheDOESAutomatedApplicantFiles,whichconsistsofthenamesofDC residentsregisteredwithDOES.
H. Good faitheffortmeans an EMPLOYER has exhausted allreasonablemeans to comply with
anyaffirmativeaction,hiring,orcontractualgoal(s)pursuanttotheFirstSourcelawandAgreement.
1.Government-assistedprojectorcontract(Project)meansanyconstructionornon-constructionProjectthatreceivesfundsorresources,valuedat$300,000ormore,fromtheDistrictofColumbia,orfundsorresourceswhich,inaccordancewithafederalgrantorotherwise,theDistrictofColumbiagovernmentadministers,includingcontracts,grants,loans,taxabatementsorexemptions,landtransfers,landdispositionanddevelopmentagreements,taxincrementfinancing,oranycombinationoftheaforementioned.
Page2of11 Pis!SouceEmploymentgreen,ReedFebuary13,2018,
J. HardtoemploymeansaDistrictofColumbiaresidentwhoisconfirmedbyDOESas:
1.Anex-offenderwhohasbeenreleasedfromprisonwithinthelast10years;2. A participantoftheTemporaryAssistanceforNeedyFamiliesprogram;
3. A participantoftheSupplementalNutritionAssistanceProgram;
4,LivingwithapermanentdisabilityverifiedbytheSocialSecurityAdministrationoristrictvocationalrehabilitationprogram;
5.Unemployedfor6monthsormoreinthelast12-monthperiod;6. Homeless;
7.A participantorgraduateoftheTransitionalEmploymentProgramestablishedby§32-1331; or
8.An individualwhoqualifiedforinclusionintheWorkOpportunityTaxCreditProgramascertifiedbytheDepartmentofEmploymentServices.

K.Indirectlaborcostsmeansallcosts,includingwagesandbenefits,thatarepartofoperatingexpensesandareassociatedwiththehiringandemploymentofpersonnelassignedtotasksotherthanproducingproducts.
L.Jobsmeansany unionand non-unionmanagerial,non-managerial,professional,nonprofessional,technicalornontechnicalpositionincluding:clericalandsalesoccupations,serviceoccupations,processingoccupations,machinetradeoccupations,benchworkoccupations,structuralworkoccupations,agricultural,fishery,forestry,andrelated‘occupations,and anyotheroccupationsastheDepartmentofEmploymentServicesmayidentifyintheDictionaryofOccupationalTitles,UnitedStatesDepartmentofLabor.
M. NewHire:Individual(s)newlyhiredbytheEMPLOYERtoperformworkonagovernmentassistedProject.
N.Transfer:ExistingEMPLOYERemployeewhohasbeenmovedfromoneProjecttoanotherProject.
©.Journeymanmeansaworkerwhohasattainedalevelofskill,abilitiesandcompetenciesrecognizedwithinanindustryashavingmasteredtheskillsandcompetenciesrequiredfortheoccupation.
P. RevisedEmploymentPlanmeansadocumentpreparedandsubmittedbytheEMPLOYERthatincludesthefollowing:
1,A projectionofthetotalnumberofhourstobeworkedontheProjectbytrade;
2. Aprojectionofthetotalnumberofjourneyworkerhours,bytrade,tobeworkedontheProjectandthetotalnumberofjourneyworkerhours,bytrade,tobeworkedby
DC residents;
3.A projectionofthetotalnumberofapprenticehours,bytrade,tobeworkedontheProjectand the totalnumber of apprenticehours, by trade,to be worked by DC
residents;
4.Aprojectionofthetotalnumberofskilledlaborerhours,bytrade,tobeworkedontheProjectun thettlnaberafdledborestour,hymadetobeworkedbyjents;

5.A projectionofthetotalnumberofcommonlaborerhourstobeworkedonthePage3of11 FlatSowceEmploymentrenentRevisedFeary15,2018
12,
13.
4.
ProjectandthetotalnumberofcommonlaborerhourstobeworkedbyDC residents;
AAtimetableoutliningthetotalhoursworkedbytradeoverthelifeoftheProjectand‘anassociatedhiringschedule;
Descriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions,
A strategytofillthehoursrequiredtobeworkedbyDC residentspursuanttothisparagraph,includinga componenton communicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,or othergovernment-approved,community-basedjobtrainingproviders;

A remediationstrategytoameliorateanyproblemsassociatedwithmeetingthesehiringrequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors;
).Thedesignationofa seniorofficialfromtheEMPLOYER(S)orgeneralcontractorwhowillberesponsibleforimplementingthehiringandreportingrequirements;
DescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDCresidentsworkingontheProject;
A strategytoensurethatDistrictresidentswhoworkontheProjectreceiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDC.residentsfromoneProjecttothenext;
A strategyto hire graduates of Districtof Columbia Public Schools, Districtof
Columbiapubliccharterschools,andcommunity-basedjobtrainingproviders,andhard-to-employresidents;and
A disclosureofpastcompliancewiththeWorkforceActandtheDavis-BaconAct,whereapplicable,andthebidderorofferor’sgeneralDC residenthiringpracticesonprojectsorcontractscompletedwithinthelast2years.
Q TierSubcontractormeansanysubcontractorselectedbytheprimarycontractortoperformportion(s)orallworkrelatedtothetradeoroccupationarea(s)onaProjectsubjecttothisFirstSourceAgreement.
R. Washington Metropolitan StatisticalArea means the Districtof Columbia; VirginiaCities
ofAlexandria,Fairfax,FallsChurch,Fredericksburg,Manassas,andManassasPark;theVirginiaCountiesofArlington,Clarke,Fairfax,Fauquier,Loudon,PrinceWilliam,Spotsylvania,Stafford,andWarren;theMarylandCountiesofCalvert,Charles,Frederick,MontgomeryandPrinceGeorges;andtheWestVirginiaCountyofJefferson.
S.WorkforceIntermediaryPilotProgrammeanstheintermediarybetweenemployersandtrainingproviderstoprovideemployerswithqualifiedDC residentjobapplicants.SeeDCOfficialCode§2-219.04b.
Page4of11 FiatSourceEmploymentAgreementRevdFbrary13,2018
i GENERAL TERMS
Subjecttothetermsandconditionssetforthherein,DOESwillreceivetheAgreementfromtheContractingAgencynolessthan7calendardaysinadvanceoftheProjectstartdate.NoworkassociatedwiththerelevantProjectcanbeginuntiltheAgreementhasbeenacceptedbyDOES.
‘TheBeneficiaryand/orEMPLOYERshallrequireallProjectcontractorsandsubcontractors,underaProjectreceivinggovernmentassistanceorbenefitsvaluedat$300,000ormore,toenterintoanAgreementwithDOES.
Agreementwilltakeaffectoncebeneficiary/EmployerawardedcontractandstartworkonthegovernmentassistedProjectandnoworkcanbeginpriortoexecutionoftheAgreementandwillbefullyeffectivethroughtheduration,anyextensionormodificationsoftheProjectanduntilsuchtimeasconstructioniscompleteandacertificateofoccupancyisissued.
IfanEMPLOYERbeganworkpriortotheexecutionofa FirstSourceEmploymentAgreement,theEMPLOYERshallceaseworkontheProjectandsigna FirstSourceEmploymentAgreementtobeboundbytheapplicableFirstSourceEmploymentAgreementrequirements,retroactively,fromthestartofworkthroughoutthedurationofthecontract.
DOESwillproviderecruitment,referral,andplacementservicestotheEMPLOYER,subjecttothelimitationsinthisAgreement.
DOESandtheEMPLOYERagreethat,forpurposesofthisAgreement,newhiresandjobscreatedfortheProject(bothunionandnonunion)includeallofEMPLOYER'SjobopeningsandvacanciesintheWashingtonMetropolitanStatisticalAreacreatedfortheProjectasa
resultofinternalpromotions,terminations,andexpansionsoftheEMPLOYER'Sworkforce,asaresultofthisProject.
‘ThisAgreementincludesapprenticesasdefinedinD.C.OfficialCode§§32-1401-1431.
DOES willmakeeveryefforttoworkwithinthetermsofallcollectivebargainingagreementstowhichtheEMPLOYERisaparty.TheEMPLOYERwillprovideDOESwithwrittendocumentationthattheEMPLOYERhasprovidedtherepresentativeofanycollectivebargainingunitinvolvedwiththisProjectacopyofthisAgreementandhasrequestedcommentsorobjections.Iftherepresentativehasanycommentsorobjections,theEMPLOYERwillpromptlyprovidethemtoDOES.
‘TheEMPLOYERwhocontractswiththeDistrictofColumbiagovernmenttoperformconstruction,renovationwork,orinformationtechnologyworkwitha singlecontract,orcumulativecontracts,ofatleast$500,000,withina 12-monthperiodwillberequiredtoregisteranapprenticeshipprogramwiththeDistrictofColumbiaApprenticeshipCouncilasrequiredbyDC Code32-1431.

If,duringthetermofthisAgreement,theEMPLOYERshouldtransferpossessionofalloraportionofitsbusinessconcernsaffectedbythisAgreementtoanyotherpartybylease,sale,assignment,merger,orotherwisethisFirstSourceAgreementshallremaininfullforceandeffectandtransfereeshallremainsubjecttoallprovisionsherein.Inaddition,theEMPLOYERasaconditionoftransfershall:
1.NotifythepartytakingpossessionoftheexistenceofthisEMPLOYER'SFirstSourceEmploymentAgreement.
2. NotifyDOESwithin7businessdaysofthetransfer.Thisnoticewillincludethe
Page5 of11 PhatSourceEmploymentAgreementRevdFebruary15,2018
nameofthepartytakingpossessionandthenameandtelephoneofthatparty'srepresentative.
1 TheEMPLOYERandDOESmaymutuallyagreetomodifythisAgreement.Anymodificationshallbeinwriting,signedbytheEMPLOYERandDOESandattachedtotheoriginalAgreement.
J.TotheextentthatthisAgreementisinconflictwithanyfederallaborlawsorgovernmentalregulations,thefederallawsorregulationsshallprevail.
I TRAINING
A. DOESandtheEMPLOYERmayagreetodevelopskillstrainingandon-the-jobtrainingprogramsasapprovedbyDOES;thetrainingspecificationsandcostforsuchtrainingwillbemutuallyagreeduponbytheEMPLOYERandDOESandwillbesetforthinaseparateTrainingAgreement.
IV. RECRUITMENT
‘A.TheEMPLOYER shallcompletetheattachedRevisedEmploymentPlanthatwillincludethe
informationoutlinedinSectionLP.
B. TheEMPLOYERshallregisterandpostalljobvacancieswiththeJobBankServicesofDOESatwww.denetworks.orga minimumof10days.Shouldyouneedassistancepostingjobvacancies,pleasecontactJobBankServicesat(202)698-6001.
C.TheEMPLOYERshallnotifyDOESofallnewjobscreatedfortheProjectwithinatleast7businessdays(Monday-Friday)oftheEMPLOYERS?identification/creationofthenewjobs.TheNoticeofNewJobCreationshallincludethenumberofemployeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformed.This‘mustbedonebeforeusinganyotherreferralsource.
D. JobopeningstobefilledbyinternalpromotionfromtheEMPLOYER'Scurrentworkforce
shallbe reportedtoDOES forplacementandreferral,ifthejobisnewlycreated.EMPLOYER shallprovideDOESaNoticeofNew JobCreationthatdetailssuchpromotions
inaccordancewithSectionIV.C.
E,TheEMPLOYERwillsubmittoDOES,priortocommencingworkontheProject,alistofCurrentEmployeesthatincludesthename,socialsecuritynumber,andresidencystatusofallcurrentemployees,includingapprentices,trainees,andlaid-offworkerswhowillbeemployedontheProject.AllEMPLOYERinformationreviewedorgathered,includingsocialsecuritynumbers,asaresultofDOES”monitoringandenforcementactivitieswillbeheldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
Vv. REFERRAL
‘A.DOESwillscreenapplicantsthroughcarefullyplannedrecruitmentandtrainingeventsandprovidetheEMPLOYERwithalistofqualifiedapplicantsaccordingtothenumberof‘employeesneededbyjobtitle,qualificationsandspecificskillsrequiredtoperformthejob,
hiringdate,rateofpay,hoursofwork,durationofemployment,andadescriptionoftheworktobeperformedassuppliedbytheEMPLOYERin itsNoticeofNew JobCreationsetforth
aboveinSectionIV.C.

Page6of11 FistSourceEmploymentAgreement,RevisedFebruary15,2018
vi.

B. DOESwillnotifytheEMPLOYERofthenumberofapplicantsDOESanticipatedhiringdates. Irefer,priortothe
PLACEMENT
‘A.EMPLOYERshallingoodfaith,usereasonableeffortstoselectitsnewhiresoremployeesfromamongthequalifiedapplicantsreferredbyDOES.AlllhiringdecisionsaremadebytheEMPLOYER.
B. IntheeventthatDOESisunabletoreferqualifiedapplicantsmeetingtheEMPLOYER'Sestablishedqualifications,within7 businessdays(Monday- Friday)fromthedateofnotificationfromtheEMPLOYER,theEMPLOYERwillbefreetodirectlyfillremainingpositionsforwhichnoqualifiedapplicantshavebeenreferred.However,theEMPLOYERshallstillberequiredtomeettheFirstSourcehiringrequirementsorhoursworkedpercentagesforalljobscreatedbytheProject.
C. AftertheEMPLOYERhasselecteditsemployees,DOESisnotresponsiblefortheemployees’actionsandtheEMPLOYERherebyreleasesDOES,andtheGovernmentoftheDistrictofColumbia,theDistrictofColumbiaMunicipalCorporation,andtheofficersandemployeesoftheDistrictofColumbiafromanyliabilityforemployees’actions.

VI. REPORTING REQUIREMENTS.
‘A.EMPLOYERwitha singlecontractvaluedat$300,000ormoreona Projectthatreceived‘governmentassistancetotalingbetween$300,000and$5,000,000,a provisionthatatleast51%ofthenew employeeshiredto workon theProjectshallbeDistrictresidents.
B. EMPLOYER shallregisterin the FirstSource Onl Registrationand Reporting System for
electronicsubmission of allmonthly Contract Comy ce data,weekly certifiedpayrollsand
anyotherdocumentsrequiredbyDOESforreportingandmonitoring.

C. EMPLOYERshallsubmittotheDepartmentofEmploymentServiceseachmonthfollowingthestartoftheProjecthiringcompliancereportforheProjectthatincludesthe:
‘Numberofnewjobopeningscreated/available;‘NumberofnewjobopeningslistedwithDOES,oranyotherDistrictAgency;‘NumberofDC residentshiredfornewjobs;
NumberofemployeestransferredtotheProject;‘NumberofDCresidentstransferredtotheProject;Directorindirectlaborcostassociatedwiththeproject;Eachemployee’sname,jobtitle,socialsecuritynumber,hiredate,residence,andreferralsource;and
8. Workforcestatisticsthroughouttheentireprojecttenure.
aeaye ene
D.EMPLOYERwitha singlecontractvaluedat$300,000ormoreona Projectthatreceivedgovernmentassistancetotaling$5millionormoreshallmeetthefollowinghoursworkedpercentagesforalljobscreatedbytheProject:
1.Atleast20%ofjourneyworkerhoursbytradeshallbeperformedbyDC residents;2.Atleast60%ofapprenticehoursbytradeshallbeperformedbyDCresidents;3.Atleast51%oftheskilledlaborerhoursbytradeshallbeperformedbyDCresidents;and4,Atleast70%ofcommonlaborerhoursshallbeperformedbyDCresidents.
Page7of11 rtSourceEmploymentAgreementRevisedFebruary18,2018
E.EMPLOYERSshallprovidethefollowingcumulativestatistics,thatwillbeusedtocreate
themonthlyreport,byuploadingcertifiedpayrollsorpayrolldataintotheLCPtrackerreportingsystem:
1.NumberofjourneyworkerhoursworkedbyDCresidentsbytrade;2.Numberofhoursworkedbyalljourneyworkersbytrade;3.NumberofapprenticehoursworkedbyDCresidentsbytrade;4,Numberofhoursworkedbyallapprenticesbytrade;
5.NumberofskilledlaborerworkerhoursworkedbyDCresidentsbytrade;6.Numberofhoursworkedbyallskilledlaborersbytrade;7.NumberofcommonlaborerhoursworkedbyDCresidentsbytrade;and8.Numberofhoursworkedbyallcommonlaborersbytrade.
F, EMPLOYERmay“doublecount”hoursforthe“hardtoemploy”upto15%oftotalhoursworkedbyDC Residents;however,acollectivebargainingagreementshallnotbeabasisforwaiverofthisrequirement.
G. ForconstructionProjectsthatarenotsubjecttoDavis-Baconlawinwhichcertifiedpayrollrecordsdonotexist,EMPLOYERshallsubmitmonthlydocumentsofworkersemployedontheProjecttoDOES,includingDC residentsandallemploymentclassificationsofhoursworked.
H. EMPLOYER may also be required to provide verificationof hours worked or hiring
percentagesofDC residents,suchasinternalpayrollrecordsforconstructionProjectsthatarenotsubjecttoDavis-Bacon.
1.Monthly,EMPLOYERshallsubmitweeklycertifiedpayrollsfromallsubcontractorsatanytierworkingontheProjecttotheContractingAgency.EMPLOYERisalsorequiredtomakepayrollrecordsavailabletoDOES asapartofcompliancemonitoring,uponrequestatjobsites.
VII. FINALREPORT AND GOOD FAITHEFFORTS
‘A.WiththesubmissionofthefinalrequestforpaymentfromtheContractingAgency,theBeneficiaryand/orEMPLOYERshall:
1. Report to DOES: compliance with the hiring or hours worked percentage
requirementsforalljobscreatedbytheProject,andreportthehoursthatDCresidentsworked foreach tradeclassificationsineach areaof the Project;or

2.SubmittoDOESarequestforawaiverofthehiringorhoursworkedpercentagerequirementsforalljobscreatedbytheProjectthatwillincludethefollowingdocumentation:a. DocumentationsupportingEMPLOYER’S goodfaithefforttocomply;
b.ReferralsprovidedbyDOESandotherreferralsources;and¢.AdvertisementofjobopeningslistedwithDOESandotherreferralsources.
B. DOESmaywaiveorpartiallywaivethehiringorhoursworkedpercentagerequirementsforjobscreatedbytheProject,and/ortherequiredhoursofDC residentsforeachtradeclassifications,ifDOESfindsthattheBeneficiaryorEMPLOYER,includingitscontractorsorsubcontractors:
1.DOEScertifiedthatBeneficiaryorEmployerdemonstratedagoodfaithefforttocomply,assetforthinSectionVIIL.C.;or
Page8of11 FlatSourceEmploymentAgreementRevisedFebrary15,2018,
2.IslocatedoutsidetheWashingtonMetropolitanStatisticalArea,andnoneofthecontractworkisperformedinsidetheWashingtonMetropolitanStatisticalArea;
3.Thebeneficiarypublishedeachjobopeningorpart-timeworkneededfor7calendardaysinaDistrictnewspaperofcity-widecirculation;and

4,TheDOEScertifiedthatthereareinsufficienteligibleapplicantsfromtheFirstSourceRegisterthatpossesstheskillsrequiredbythepositions,ortheeligibleapplicantsarenot,availableforpart-timeworkordonothaveameanstotraveltotheonsitejobs;or
5.Beneficiary/Employerenteredintoa specialworkforcedevelopmenttrainingorplacementarrangementwithDOESorwiththeDistrictofColumbiaWorkforceIntermediary.
C. DOESshallconsiderdocumentationofthefollowingwhenmakingadeterminationofag00d-faithefforttocomply:
1.DOEShascertifiedthatthereareinsufficientnumberofDistrictresidentsinthelabor‘marketpossessingtheskillsrequiredbytheEMPLOYERforthe positionscreatedasa resultof the Project.

2.WhethertheEMPLOYERpostedthejobsontheDOESjobwebsitefor2minimumof10calendardays;
3. WhethertheEMPLOYER advertisedeachjobopeninginaDistrictnewspaperwith
city-widecirculationforaminimumof7 calendardays;
4.WhethertheEMPLOYERadvertisedeachjobopeninginspecialinterestpublications‘andonspecialinterestmediaforaminimumof7 calendardays;
5. WhethertheEMPLOYER hostedinformationaV/recruitingorhiringfairs;
6.WhethertheEMPLOYERcontactedchurches,unions,and/oradditionalWorkforceDevelopmentOrganizations;
7. WhethertheEMPLOYERinterviewedemployablecandidates;
8, WhethertheEMPLOYER createdorparticipatedina workforcedevelopmentprogramapprovedbyDOES;
9. WhethertheEMPLOYER createdorparticipatedina workforcedevelopmentprogramapprovedbytheDistrictofColumbiaWorkforceIntermediary;
10.WhethertheEMPLOYERsubstantiallycompliedwiththerelevantmonthlyreportingrequirementssetforthinthissection;
11,WhethertheEMPLOYERhassubmittedandsubstantiallycompliedwithitsmostrecentemploymentplanthathasbeenapprovedbyDOES;and
12.Anyadditionaldocumentedefforts.
Page9of11 FintSeurceEmploymentAgreementRevisedFebrary15,2018
Ix.
x.
MONITORING
A.DOESistheDistrictagencyauthorizedtomonitorandenforcetherequirementsoftheWorkforceIntermediaryEstablishmentandReformoftheFirstSourceAmendmentActof2011(D.C.OfficialCode§§2219.01~ 2.219.05),andrelevantprovisionsoftheApprenticeshipRequirementsAmendmentActof2004(D.C.OfficialCode§2-219.03and§ 32-1431).Asa partofmonitoringandenforcement,DOESmayrequireandEMPLOYERshallgrantaccesstoProjectsites,employees,anddocuments.
B, EMPLOYER'SnoncompliancewiththeprovisionsofthisAgreementmayresultintheimpositionofpenalties.
C. AllEMPLOYERinformationreviewedorgathered,includingsocialsecuritynumbers,asaresultofDOES’monitoringandenforcementactivitieswillbe heldconfidentialinaccordancewithallDistrictandfederalconfidentialityandprivacylawsandusedonlyforthepurposesthatitwasreviewedorgathered.
D. DOES shallmonitorallProjectsasauthorizedbylaw.DOESwill:
1, Review all contract controls to determine if the Beneficiary or EMPLOYER,
includinganyContractorsorSubcontractors,aresubjecttotheWorkforceIntermediaryEstablishmentand Reformof the FirstSource Amendment Actof 2011.
2. NotifystakeholdersandcompanyofficialsandestablishmeetingstoprovidetechnicalassistanceinvolvingtheFirstSourceProcess.
3.MakeregularconstructionsitevisitstodetermineifthePrimeorSubcontractors’workforceisinconcurrencewiththesubmittedAgreementandMonthlyComplianceReports.
4, Inspectandcopycertifiedpayroll,personnelrecordsandanyotherrecordsorinformationnecessarytoensuretherequiredworkforceutilizationisincompliancewiththeFirstSourceLaw.
5. ConductdeskreviewsofMonthlyComplianceReports.
6. EducateEMPLOYERSaboutadditionalservicesofferedbyDOES,suchasOn-the-JobtrainingprogramsandtaxincentivesforEMPLOYERSwhohirefromcertaincategories.
7.Monitorandcompletestatisticalreportsthatidentifytheoverallproject,contractor,andsubcontractors’hiringorhoursworkedpercentages.
8. Provideformalnotificationofnon-compliancewiththerequiredhiringorhoursworkedpercentages,oranyallegedbreachoftheFirstSourceLawtoallcontractingagencies,andstakeholders.(Pleasenote:EMPLOYERSaregranted30daystocorrectanyallegeddeficienciesstatedinthenotification.)
PENALTIES
A. Willful Breach of the Agreement by the EMPLOYER, failureto submit the contract
compliancereports,deliberatesubmissionoffalsifieddatamayresultinDOESimposingafineof5%ofthetotalamountofthedirectandindirectlaborcostsoftheProject,inadditiontootherpenaltiesprovidedbylaw.FailuretomeettherequiredhiringrequirementsorfailuretoreceivegoodfaithwaivermayresultintheDepartmentofEmploymentServices
Page10of11 FiatSourceEmploymentAgreement,RevisedFebery15.2018
imposingapenaltyequalto1/8of1%ofthetotalamountofthedirectandindirectlaborcostsoftheProjectforeachpercentagebywhichthebeneficiaryfailstomeetthehiring,requirements.
B.EMPLOYERSwhohavebeenfoundinviolation2timesormoreovera10yearperiodmaybedebarredand/ordeemedineligibleforconsiderationforProjectsforaperiodofSyears.
C.Within90daysofaDeterminationofa Penalty,theBeneficiaryorEmployermayappealtheviolationsorfinesbyfilingacomplaintwiththeContractAppealsBoardinaccordancewithD.C.Code§2-360.03and§2-360.04.
TherebycertifythatIhavetheauthoritytobindtheEMPLOYERtothisAgreementfromthestartofworkontheProject,throughoutthedurationoftheProject,andagreetoalltermsandconditionsherein.
By:
ChiaramonteConstructionCompany ee i2ars
EMPLOYER Senior Official(Print) Date
FrankChianamornte
EMPLOYERSeniorOfficial(Signature)
FrankChiaramonte

NameofCompany
ChiaramonteConstructionCompany
2260MinnesotaaveSE
‘Address
Washington DC 20020

Telephone
202-562-0027
Email
4/20/2023Date

Page11of11 FiatSoueeEmploymentAgreementRevisedFebruary15,2018,
kk xo
—
REVISED EMPLOYMENT PLAN
1. REVISED FIRSTSOURCE EMPLOYMENT PLAN
GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATIONDISTRICTCONTRACTINGAGENCY: _DevenmentofGenera!Sevices
CONTRACTING OFFICER: George6.Lows
‘TELEPHONENUMBER: 202-777-7138
‘TOTALCONTRACTAMOUNT:
EMPLOYERCONTRACT AMOUNT: $14.062:445PROJECTNAME:DesionBulSericesforthe10.WisonESModemizationProject
PROJECTADDRESS:$60SteetNE
CITY:Washington STATE:DCZIPCODE:20002
PROJECTDESCRIPTIONOFWORK:DesionBldServicesforapubliclomentaryschoolmoderationproject

PROJECTSTARTDATE:030172025. PROJECTEND DATE:771372026EMPLOYERSTARTDATE:02017205 EMPLOYER END DATE: 71872026
EMPLOYERINFORMATION
EMPLOYER NAME: heramonteConsiructonCompanyCOMPANY NAME:
EMPLOYERADDRESS:2260MinnesotaAveSE
CITY:WeshingtonDe ‘STATE:¢ ZIPCODE: 20020TELEPHONENUMBER:202-8620027_FEDERALIDENTIFICATIONNO.:20-1976396CONTACTPERSON:FrenkGhieramonte,Proscient
TITLE:President
E-MAIL;trankéteebutecom TELEPHONE NUMBER; 202-862.0027EMPLOYER DESCRIPTIONOF WORK:OssionBulSeriesfrapubicelementaryschoolmaderizaonproject

AREYOUASUBCONTRACTOR YES[] NO
IFYES,NAME OF PRIMECONTRACTOR:
PRIME CONTRACTOR WILL MEET HOURS WORKED PERCENTAGES REQUIREMENTSFOR ENTIREPROJECT [] OR PER EACH SUBCONTRACTOR
n EMPLOYMENT HOURS TO BE WORKED PROJECTIONS
FirstSourcelawrequiresEMPLOYERS(winningbidders)tosubmitarevisedEmploymentPlan.
A.Forconstructionprojectsreceiving$5 millionormore ingovernmentassistance,Employerstoprovideprojectionofthetotalnumberof hourstobeworkedontheprojectbytrade.
JOURNEY WORKER
Provideaprojectionofthetotalnumberofjourneyworkerhours,bytrade,tobeworkedontheprojectorcontractandthetotalnumberofjourneyworkerhours,bytrade,tobeworkedbyDistrictresidents,
*
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —_

ThispagetobecompletedbyEmployer —————
EmployerInitials

— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA +——
REVISED EMPLOYMENT PLAN
Projectionof TotalNumber of Trade ProjectionofTotalNumber of Journey
Journey Worker Hours Worker Hours by DC Residents
(FirstSourceLaw requires20%)52218he varies 10,446tre
APPRENTICE
Provideaprojectionofthetotalnumberofapprenticehiprojectorcontractandthetotalnumberofapprenticehours,bytrade,tobeworkedbyDistrictjours,bytrade,tobe worked on the

residents.
ProjectionofTotalNumberof ‘|Trade ProjectionofTotalNumberof |ApprenticeHours ApprenticeHoursbyDCResidents(FirstSourceLaw requires60%)Taehe vars 8835hs
SKILLEDWORKERProvideaprojectionofthetotalnumberofskilledlaborerhours,bytrade,tobeworkedontheprojectorcontractandthetotalnumberofskilledlaborerhours,bytrade,tobeworkedby

Districtresidents.
ProjectionofTotalNumberof Trade ProjectionofTotalNumberofSkilledLaborHours SkilledLaborHoursbyDCResidents(FirstSourceLawrequires51%)30728 varies 18672
COMMON LABORERProvideaprojectionofthetotalnumberofcommonlaborerhourstobeworkedontheprojectorcontractandthetotalnumberofcommonlaborerhourstobe worked by Districtresidents.

ProjectionofTotalNumberof Trade ProjectionofTotalNumberofCommonCommonLaborerHours LaborerHoursbyDCResidents_ (FirstSourceLawrequires70%)7 Taree vane 20823
ccc‘ThispagetobecompletedbyEmployer
EmployerInitials
— GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —REVISEDEMPLOYMENT PLAN
B. EMPLOYMENT HIRING PROJECTIONS.
ALLEMPLOYERS:
PleaseindicateALL new position(s)you willcreateas a resultof the project.Ifyou WILL NOT
becreatinganynewemploymentopportunities,pleasecompletetheattachedjustificationsheetwithanexplanation.Attachadditionalsheetsasneeded.

[JOBTITLE #OFJOBS|SALARY UNION MEMBERSHIPF/T P/T_|RANGE _|REQUIREDNAME LOCAL# D HIRE
seeexhibitattached

>]
“|
-]
=]
@)
=)
=]
So)
oO]
&y]
>

ThispagetobecompletedbyEmployer asEmployerInitials
ke x kee
— GOVERNMENTOF THEDISTRICTOFCOLUMBIA —REVISEDEMPLOYMENT PLAN
C.JUSTIFICATIONSHEET:PleaseprovideadetailedexplanationofwhytheEmployerwillnothaveanynewhiresontheproject.
OurJointVentureTeamalreadyhasa fullcapacityforthedesignBuildphase,nonewhireisrequiredforthework

ThispagetobecompletedbyEmployer ccc.
Employer initials
+ —- GOVERNMENTOFTHEDISTRICTOFCOLUMBIA =REVISEDEMPLOYMENTPLAN
D.EMPLOYMENTPROJECTIONS.
Providea timetableoutliningthetotalhoursworked by tradeoverthelifeofthe projector
contractand an associatedhiringschedule.
‘Totalhoursworked:127,413hrs
TotalHoursworkedbyDC residence:55,776hrs(~ 43,8%)
Providedescriptionsoftheskillrequirementsbyjobtitleorposition,includingindustry-recognizedcertificationsrequiredforthedifferentpositions.
OSHA -10
OSHA -30
Skilllabors
Other tradecertificationsthatrequiredby laws and DC codes
ProvideastrategytofillthehoursrequiredtobeworkedbyDistrictresidents,includinga‘componentoncommunicatingtheserequirementstocontractorsandsubcontractorsandacomponentonpotentialcommunityoutreachpartnershipswiththeUniversityoftheDistrictofColumbia,theUniversityoftheDistrictofColumbiaCommunityCollege,theDepartmentofEmploymentServices,JointlyFundedApprenticeshipPrograms,theDistrictofColumbiaWorkforceIntermediary,orothergovernment-approved,community-basedjobtrainingproviders.
See exhibitattached

ccc’ThispagetobecompletedbyEmployer EmployerInitials
il: *
* x *
GOVERNMENTOFTHEDISTRICTOFCOLUMBIA —
REVISED EMPLOYMENT PLAN
D.EMPLOYMENT PROJECTIONS (Continued)
v.
vi.
A remediationstrategytoameliorateanyproblemsassociatedwithmeetingtheseworkedhourspercentagerequirements,includinganyproblemsencounteredwithcontractorsandsubcontractors.
See exhibitattached

ationofaseniorofficialfromthegeneralcontractorwhowillberesponsibleforimplementingthehoursworkedpercentagesandreportingrequirements.
JillBurk,Controller
ProvidedescriptionsofthehealthandretirementbenefitsthatwillbeprovidedtoDistrictresidentsworkingontheprojectorcontract.
Fulltime employee willreceivehealthcarebenefitand 401K retirementplan
ProvideastrategytoensurethatDistrictresidentswhoworkontheprojectorcontractreceiveongoingemploymentandtrainingopportunitiesaftertheycompleteworkonthejobforwhichtheywereinitiallyhiredandareviewofpastpracticesincontinuingtoemployDistrictresidentsfromoneprojectorcontracttothenext.
Paid continue education
ProcoreCertifiationTraining

‘ThispagetobecompletedbyEmployer Cs‘EmployerInitials
* kk
= GOVERNMENTOFTHEDISTRICTOFCOLUMBIA, aREVISED EMPLOYMENT PLAN
D. EMPLOYMENT PROJECTIONS (continued)
vill. Providea strategyto hiregraduatesof Districtof Columbia PublicSchools,Districtof
Columbia PublicCharterSchools,community-basedjob trainingproviders,and hard-to-employresidents.
See exhibitattached
1X. PleasedisclosepastcompliancewiththeFirstSourceEmploymentAgreementActof1984ortheWorkforceIntermediaryEstablishmentandReformofFirstSourceAmendmentActof2011and theDavis-BaconAct,where applicable,and thebidderorofferor'sgeneralDistrict-residenthiringpracticeson projectsorcontractscompletedwithinthelasttwo (2)years.
2022: 58%
2021:55%
x PleasenotethatEMPLOYERSonconstructionprojectsmustsubmitweeklycertifiedpayrollsfromallsubcontractorsatanytierworkingontheprojectorcontract,aswellasmakesuchpayrollandpersonnelrecordsavailableuponrequestatjobsitestothecontractingDistrictofColumbiaagency.
Chiaramonte team willcomply withallDC laws and regulations

cccThispagetobecompletedbyEmployer EmployerInitials
ke kkk
_ GOVERNMENTOFTHEDISTRICTOFCOLUMBIA _REVISED EMPLOYMENT PLAN
Once approved,thisrevisedemployment planshallnotbe amended exceptwiththeapprovalofDepartment‘ofEmploymentServices.
Shem ctntencngey=} =—— aEMPLOYER Senior Official(Print) Date
EMPLOYERSeniorOfficial(Signature)
FrankChiaramonte
NameofCompany
‘ChiaramonteConstructionCompany

2260 Minnesotaave SE
‘Address
WashingtonDC20020
Telephone SSS
202-562-0027
Email

‘SignatureDepartmentofEmploymentServices Date

Exhibit W - Concept Design, Schematic Design, Design Development Milestone
Requirements

JO Wilson Concept Design, Schematic Design, Design Development Milestone
Requirements, as referenced per Section 2

Concept Design Deliverables. As referenced in Section 2.2.1.3, the Design-Builder shall be
required to deliver the following as part of the Concept Design submission to the Department:
CONCEPT DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Historic resources survey.

A minimum of three (3) conceptual floor plans and site plans incorporating the
requirements of the Educational Specifications and site plan showing proposed
location of any building additions.

Hazardous materials survey of affected spaces. It is understood that the Design-
Builder and/or its design component shall be required to engage the services of
industrial hygienist that is acceptable to the Department to perform such survey.

Education specifications update and verification; and an overall Plan-to- Program
comparison.

Summary of agency review meetings, including but not limited to: Office of

Summary of utility coordination and review meetings with PEPCO, Washington
Gas, and DC Water.

Public Space. Include summary of po tential public space improvements per DDOT
public space standards or as needed for each concept.

Summary of meetings with DOEE Storm Water Management.

Summary of meetings with DCRA focused on code review and green building
review.

Zoning Analysis.

Cost Estimate with Subcontractor input on major trades.

Value Engineering analysis and detailed recommendation for Project savings (even
if the Project is not over budget).

Net Zero Energy Report that includes all recommended strategie s applicable to
achieving a Net Zero Energy ready building and a preliminary energy model.

Quality Control Plan.

Existing conditions civil survey.

Schematic Design Deliverables. As referenced in Section 2.2.2.1, the Design-Builder shall be
required to undertake the following tasks during this phase:
a. Further develop plans and incorporate design changes.
b. Prepare necessary presentation materials (renderings) to communicate design and obtain
approval of design direction.
c. Participate in meetings with DCPS Staff.
d. Conduct DOEE, DCRA, DDOT and DC Water Preliminary Design Review meetings.
e. Engage in no fewer than three (3) community feedback sessions during this phase.
f. Coordination and of identification of Public Art locations that will be constructed and
installed as part of the construction phases.
g. Continued coordination with Public Utility Companies: PEPCO and Washington Gas, as
well as Verizon, should be conducted this shall include submitted load letters for new or
upgraded services.
h. Continued coordination with HPO and CFA.
i. Report and schedule the process for obtaining any zoning approvals, if necessary.
j. Identification of long lead materials and creation of bid packages to allow early release of
materials if required by the Project Schedule.
k. The schematic design submittal shall generally follow the deliverables:
The Design Builder shall be required to deliver the following as part of the Schematic Design
submission to the Department:
SCHEMATIC DESIGN DELIVERABLES: Use this checklist as a coversheet for
the submission from the Design-Builder
Digital site and floor plans (including adjacencies and room locations);

Preliminary building elevations and sections;

Preliminary selection of building materials;

Conceptual renderings produced for approval of design direction;

Plan-to-Program comparison;

Preliminary LEED Scorecard (if required);

Design narrative;

A preliminary description of proposed building system upgrades (i.e. HVAC, roofs,
windows, kitchen equipment, low voltage/IT/AV etc.). With regard to any proposed
building system upgrade, the package shall include a narrative description of the
proposed system and an estimated line item cost;

Cost estimate with Subcontractor input on major trades;

Project savings (even if the project is not over budget);

Preliminary furniture design;

3D rendering images as needed, include (4) four at a minimum;

Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building and an energy model evaluation;

Quality Control Plan.

Design Development Deliverables. As referenced in Section 2.2.2.4, the Design-Builder shall
be required to undertake the following tasks during this phase:
a. Detailed and dimensioned plans, wall sections, building section, and schedules;
b. Draft specifications for materials, systems, equipment;
c. Complete code compliance analysis and drawing;
d. Space-by-space equipment layouts for key spaces. As part of the design development
phase, the Design-Builder and/or the Design-
shall confer with representatives from DCPS and the Department regarding these layouts
to confirm that they are acceptable to DCPS;
e. A final lay-out for FF&E;
f. An interior finishes schedule;
g. Preliminary designs for all building system upgrades, including low voltage/AV/IT. With
regard to HVAC systems, the submission should include: (i) a detailed description of the
-
would also include preliminary layouts of other major components of the HVAC system,
including the type and location of energy recovery units (ERUs), variable air volume

h. Updated LEED scorecard;
i. Present the design to CFA,OP, HPO, and other regulatory agencies as required;
j.
certification and pay all registration fees;
k. Register the Project with ILFI or U.S. Green Buildings for Net Zero Certification
l. Register the Project with International Well B
Certification
m. Participate in SIT Meetings, and community meetings as required by DGS/DCPS;
n. Coordinate with the DC HPO and other agencies, commissions, groups, etc. as required to
assess and determine historic and/or archeological significance and requirements. Attend
meetings and hearings if necessary;
o. Respond in writing to all DCPS comments on plans;
p. Prepare a presentation and provide a minimum of three (3) presentation boards for each
community meeting and present/display onsite. Presentation boards shall be in full color
and include at least four (4) 3-D renderings; Presentations shall also include a digital slide
presentation;
q. Coordinate final utility plans as required;
r. Act as scribe for all design-related meetings. Distribute meeting minutes to all attendees;
s. Baseline Schedule bi-weekly update in the format set forth in the RFP; and
t. Prepare and submit one (1) electronic copy in PDF of Design Development Documents
including detailed specifications, Cost Estimate and schedule to the District staff for review
and approval (60% plan review). Components to include, but are not limited to:
The Design Builder shall be required to deliver the following as part of the Schematic Design
submission to the Department:
DESIGN DEVELOPMNET DELIVERABLES: Use this checklist as a
coversheet for the submission from the Design-Builder
Site plans, paving layouts, traffic circulation, lighting, signage and utilities

Floor plans, Structural, Civil, Architectural, MEP, Fire Protection and landscaping
Exterior elevations, rendering and color palette

Building sections and details as required

Interior elevations, casework and millwork elevations as required

Playground equipment, if applicable

Stormwater management

Food service or other equipment as required

LEED Information as appropriate

WELL Score Card

the

Cost Estimate

Value Engineering Analysis and Detailed Recommendation for project savings (even
if the Project is not over budget)

Net Zero Energy Report that includes all recommended strategies applicable to
achieving a Net Zero Energy ready building.

Quality Control Plan

Maintenance and Operations Plan

Final design and specifications, with minimum of two options for basis-of-design
for each, of the FF&E for GMP pricing

As part of the Design Development submission the Design-Builder shall submit a Maintenance
and Operations Plan, which, at a minimum, shall include the following:
i. Standard Operating Procedures (SOP) for all building systems, including, but not limited
to, electrical, mechanical, roof, green roof, geothermal, solar, plumbing, security, outdoor
fields, irrigation, landscaping and lighting;
ii. List of equipment that must be kept on-site to maintain all building systems;
iii. List of chemicals that must be kept on-site to maintain all building systems, including
storage requirements;
iv. Certifications and licenses either required or recommended to maintain all building
systems;
v. Confined space procedures and personal protective equipment that must be used;
vi. Permits and regular inspections that are required to operate the equipment;
vii. List of hardware, software and software licenses that must be purchased and maintained;
viii. Recurring trainings on building systems and safety that are necessary to maintain the
building; and
ix. The estimated initial and monthly costs for the successful maintenance and operations of
the facility.

Exhibit X Campaign Finance Reform Act Self-Certification Form
bhosupe okoe WendMANTA ieeeSUSTAN | DCCONTRACTOR SELF-CERTIFICATION,
ChiramonteConstructionBusinessName*:Company/DAVISJointVenture TaxID*:93-2393891
BusinessMailingAddress*: 2260MinnesotaAve SE
SelectState/Region:Washington PostCode:_DC20020

Listthenameandtitleoftheindividualcompletingtheformonbehalfofthebusiness.
BusinessTitle*; ProjectManager
Name *; Toby Hayward
Email* :thayward@davisconstruction.com

‘SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)theMayor,(ii)anycandidateforMayor,(iii)anypoliticalcommitteeaffiliatedwiththeMayororacandidateforMayor,or(iv)anyconstituent-serviceprogramaffiliatedwiththeMayor?{yes

SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)theAtlomeyGeneral,(ii)anycandidateforAtorneyGeneral,of(iii)anpoliticalcommitteeaffiliatedwiththeAttorneyGeneralor a candidateforAttorneyGeneral?[yes[no]]

SinceNovember9,2022,hasthebusinessentityoranyofitsPrincipalsmadeapoliticalcontributiontoanyofthefollowing:(i)anyCouncilmember,(ii)anycandidateforCouncilmember,(iii)anypoliticalcommitteeaffiliatedwithaCouneitmemberoracandidateforCouncilmember,or(iv)anyconstituent-serviceprogramaffiliatedwitha Councilmember?{yes{0]]

PriortothedateofthisofthisCertification,hasthebusinessentitybeendeterminedtobeinviolation
ofD.C.OfficialCode§1-1163.34a?[yes[no]]
IsthebusinessentitycurrentlyinviolationofD.C,OfficialCode§1-1163.34a?[yes

Doesthebusinessentitycertifythatitwillnotbeinviolat
BegooI

nofD.C,OfficialCode§ 1-1163.34a?
‘Whoelsewillmodifythiscertificationforthebusiness?
Modifierl:jy
Modifier2;

va03707042008

aes
ees)
Checktocertifythattheinformationisaccurateandcomplete.*
Checktocertifythatthebusinessentitycurrentlyisnotandwillnotbeinviolationofthe
u
Checktoacknowledgethatthebusinessmustalwayskeeptheserecordsupdated* fA
CampaignFinanceReformAmendmentActof2018* a
OnbehalfoftheContractor:
ChristopherHartzler

Name& Signature vate
‘Swomtothisbeforemethis10dayof __June 20.24.
i due alslaves
‘NotaryPublic! Mycommissionexpires
SSHEFISEYVONNESMOUSENOTARYPUBLICHOWARDCOUNTYMARYLAND‘MyCommissionExpkes07-05-2025

‘voos/oron7073

Exhibit Y- Schedule of Values
Department of General Services
Date: Architect:
Revision: Engineer:
Area (SF): 96,762 SF Estimator:
C.S.I Renovation Sitework Building Total Cost Cost per Square Foot Letter Contract % Needed for ESA #1 ESA Amount #1 Left to Fund Allowances ESA #1 CBE % ESA #1 CBE Value
01000 232 ,500$ 271,250$ 271,250$ 775,000$ 8.01$ 50% 387,500$ 387,500$ 0% -$
02000 1,65 3,413$ -$ -$ 1,653,413$ 17.09$ 100% 1,653,413$ -$ 0% -$
03000 48,8 63$ -$ 1,091,010$ 1,139,873$ 11.78$ 100% 1,139,873$ -$ 185,000$ 100% 1,139,873$
04000 179, 955$ -$ 1,208,183$ 1,388,138$ 14.35$ 0% -$ 1,388,138$ 0% -$
05000 250, 000$ -$ 2,019,468$ 2,269,468$ 23.45$ 65% 1,475,154$ 794,314$ 0% -$
06400 973, 008$ -$ 808,048$ 1,781,056$ 18.41$ 0% -$ 1,781,056$ 0% -$
07500 36,5 75$ -$ 122,411$ 158,986$ 1.64$ 0% -$ 158,986$ 0% -$
07510 -$ -$ 182,250$ 182,250$ 1.88$ 0% -$ 182,250$ 0% -$
07520 -$ -$ 251,804$ 251,804$ 2.60$ 0% -$ 251,804$ 0% -$
07530 -$ -$ 552,420$ 552,420$ 5.71$ 0% -$ 552,420$ 0% -$
07540 960, 913$ -$ 960,913$ 1,921,826$ 19.86$ 0% -$ 1,921,826$ 100% -$
07900 135, 140$ -$ 112,229$ 247,369$ 2.56$ -$ 247,369$ 0% -$
08100 486, 504$ -$ 404,024$ 890,528$ 9.20$ 0% -$ 890,528$ 0% -$
08800 772, 496$ -$ 707,146$ 1,479,642$ 15.29$ 0% -$ 1,479,642$ 100% -$
09200 2,15 8,544$ -$ 1,792,594$ 3,951,138$ 40.83$ 0% -$ 3,951,138$ 100% -$
09300 322, 195$ -$ 267,572$ 589,767$ 6.10$ 0% -$ 589,767$ 0% -$
09600 509, 375$ -$ 423,018$ 932,393$ 9.64$ 0% -$ 932,393$ 0% -$
09900 347, 443$ -$ 288,539$ 635,982$ 6.57$ 0% -$ 635,982$ 0% -$
10000 248, 785$ -$ 384,672$ 633,457$ 6.55$ 0% -$ 633,457$ 0% -$
11000 442, 765$ -$ 370,712$ 813,477$ 8.41$ 0% -$ 813,477$ 0% -$
12000 1,15 3,118$ -$ 1,059,921$ 2,213,038$ 22.87$ 0% -$ 2,213,038$ 0% -$
14000 189, 149$ -$ 77,442$ 266,591$ 2.76$ 100% 266,591$ -$ 0% -$
21000 329, 117$ -$ 273,320$ 602,438$ 6.23$ 35% 210,853$ 391,584$ 0% -$
23000 5,93 9,750$ 3,100,000$ 4,932,750$ 13,972,500$ 144.40$ 55% 7,655,802$ 6,316,698$ 27% 2,067,067$
26000 3,46 8,388$ -$ 2,880,372$ 6,348,761$ 65.61$ 40% 2,539,504$ 3,809,256$ 50% 1,269,752$
26000 1,16 2,964$ -$ 965,800$ 2,128,764$ 22.00$ 0% -$ 2,128,764$ 0% -$
31000 -$ 1,123,854$ -$ 1,123,854$ 11.61$ 100% 1,123,854$ -$ 95% 1,067,662$
32000 -$ 1,757,866$ -$ 1,757,866$ 18.17$ 0% -$ 1,757,866$ 0% -$
33000 -$ 961,875$ -$ 961,875$ 9.94$ 0% -$ 961,875$ 961,875$ 100% -$
NA 155, 216$ -$ 128,901$ 284,117$ 2.94$ 0% -$ 284,117$ 0% -$
51,907,791$ 536.45$ -$ 32% 16,452,544$ 35,455,246$ 1,146,875$ 5,544,353$
3,850,000$ 39.79$ 40% 1,540,000$ 2,310,000$
99-601.O 3,150,000$ 32.55$ 136,000.00$ 37% 1,165,500$ 1,848,500$
1-030.O 4,652,445$ 48.08$ 607,000.00$ 80% 3,721,957$ 323,488$ 100% 3,721,957$
1-063.O -$ 5,000.00$ (5,000)$
1-035.O 50,000$ 0.52$ 15,000.00$ 70% 35,000$ -$
1-580.O 50,000$ 0.52$ 16,000.00$ 68% 34,000$ -$
1-660.O 50,000$ 0.52$ 16,000.00$ 68% 34,000$ -$
8.97% 4,656,129$ 48.12$ 0% -$ 4,656,129$
4.00% 2,262,557$ 23.38$ 0% -$ 2,262,557$
-$ -$ 0% -$ -$
1-045.O 1,501,180$ 15.51$ 150,000.00$ 90% 1,351,180$ -$
1-065.O Payment & Performance Bond 0.75% 506,082$ 5.23$ 50,000.00$ 93% 456,082$ -$
0.00% -$ -$ 0% -$ -$
01001 -$ 450,000$ -$ 450,000$ 4.65$ 0% -$ 450,000$ 0% -$
01002 -$ 500,000$ -$ 500,000$ 5.17$ 100% 500,000$ -$ 500,000$ 0% -$
01003 -$ 500,000$ -$ 500,000$ 5.17$ 100% -$ 500,000$ 0% -$
01004 -$ -$ -$ -$ -$ 0% -$ -$ 0% -$
01005 -$ 900,000$ -$ 900,000$ 9.30$ 100% 900,000$ -$ 900,000$ 0% -$
23,078,393$ 238.51$ 995,000.00$ 42% 9,737,719$ 13,745,675$ 9,266,309$
74,986,184$ 774.95$ 995,000.00$ 35% 26,190,263$ 49,200,921$
VE Deducts -$ -$ -$ -$
VE Adds -$ -$ -$ -$
74,986,184$ 774.95$ 995,000.00$ 35% 26,190,263$ 49,200,921$
Perkins Eastman DC Architectural Design
Engenium (MEP), Bowman (Civil), Yun (Structural
Eng.
)
CCC/Davis Construction Company
Roofing
HVAC + Plumbing + Geothermal
Flooring
6/10/2024
Elevators
Gypsum Wallboard Assemblies + Rough Carpentry + Acousti cal
Ceilings
Architectural Millwork
Joint Sealants
Door
s, Frames, & Hardware
Aluminum & Glass
ESA #001 - Based on Option 2A
Concept Estimate Description
Existing Conditions (bldg demo/abatement)
JO
Wilson Modernization
660
K St. NE
Washington, DC 20002
Ceramic Tile
Concrete
Maso
nry/Stone
Structural Steel + Misc. Metals
Exterior Wall Panels
Fire
Proofing
Waterproofing
Air
Barrier
General Requirements
Site Improvements
Site
Utilities
Total Trade Cost
General Conditions
Painting
Spec
ialties
EquipmentFurnishings
Low Voltage
Fire Protection
Final Cleaning
Electrical + Low Voltage
Earthwork
Value Engineering (Deducts)
Valu
e Engineering (Adds)
Total Project Cost w/ Value Engineering
Construction Contingency
Total Soft Cost
GMP Estimate
Owner Controlled AllowanceInsurance
Escalation
Permit (Velocity) - RFP Allowance
Public Art - RFP Allowance
Util
ity- RFP Allowance
Public Space Improvement - RFP Allowance6 Month Maintenance - RFP Allowance
Estimating + Design Contingency
Geo Tech Investigation Design-Build Fee
Desi
gn Fees
Existing Envelope & Bldg Testing
Permit Expediting
Site Assessments

Exhibit Z- Allowances
01000 - List of Allowances
REF # ITEM DESCRIPTION
1 Utility- RFP Allowance $ 500,000
2 Permit (Velocity) - RFP Allowance $ 900,000
3
OMITTED
$
4
OMITTED
$
Total Allowances $ 1,400,000

Exhibit AB- Assumptions and Clarifications
01000 - Assumptions & Clarifications
REF # ITEM DESCRIPTION
1 Qualifications listed below relate to ESA 1 only and not the remaining scope of work.
2 The relocation of existing uncharted underground utilities is not included in this early start agreement.
3
This early start agreement excludes DC DOEE (Department of Energy & Environment) discharge permits, including all associated fees, surveys and/or structural assessments
of adjacent existing structures that fall within the zone of influence impacted by dewatering operations.
4 Excludes any cost for DC Net or OCTO equipment.
5 Excludes any land acquisition and/or appraisal fees.
6 Excludes all sales tax on materials delivered to the jobsite. This is a tax exempt project.
7 Excludes any direct cost for envelope testing and commissioning agent.
8 We have excluded any cost for 3rd party vibration monitoring.
9 Excludes any cost for archeological testing.
10 Demolition dumpsters are hereby included.