Proposed Contract with MCN Build, Inc. to Contract No. DCAM-23-CS-RFP-0008

MURIEL BOWSER
MAYOR
August 19 , 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. 2 to Contract No. DCAM-23-CS-RFP-0008 with MCN Build, Inc.
("MCN"). If approved, Modification No. 2 will increase the contract's not-to-exceed amount by
$43,086,312, from $47,633,071 to $90,719,383.
The underlying contract was deemed approved by the Council on June 9, 2024, as CA25-0759, as
an early start agreement to complete a preliminary scope of work including design and
preconstruction deliverables for the initial phase of the modernization of Tubman Elementary
School.
Under proposed Modification No. 2, MCN will provide the remaining design-build services
required to complete the modernization of Tubman 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 the proposed
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.

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

Contracts & Procurement

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

COUNCIL CONTRACT SUMMARY
(Standard)

Modification No. 2 to Design-Build Agreement for Tubman Elementary School Modernization

(A) Contract Number: DCAM-23-CS-RFP-0008
Modification No. 2

Contractor: MCN Build, Inc.

Increased Amount
via Modification No. 2: $43,086,312

Total Guaranteed Maximum
Price (“GMP”): $90,719,383

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

Term of Contract: October 10, 2023 (date of execution of the
Letter Contract by the Department of General
Services (the “Department” or “DGS”))
through July 15, 2026 (“Substantial
Completion Date”); with an Administrative
Term of March 15, 2027.

Type of Contract: Cost Plus Fixed Fee with a 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

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

(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 requires MCN Build, Inc., to provide design- build services required for
the complete renovation of the existing Tubman Elementary School building and a new
construction addition. The Project includes a new child development center, which should
have a separate entrance from the Tubman Elementary School Program. The Project shall
be designed in such a way as to incorporate, at a minimum, LEED for Schools – Gold
principles and achieve net zero strategies. The substantial completion of the Proje ct shall
occur on or by July 15, 2026.

The underlying Contract was deemed approved by the Council on June 9, 2024, as CA25-
759 with a not-to-exceed (“NTE”) amount of $8,067,481 ($995,000 Letter Contract amount
+ $7,072,481 Early Start Agreement (“ESA”) #1. Modification No. 1 ( “ESA #2”) to the
Contract was deemed approved by the Council on January 25, 2025, as CA26 -0011, and
increased the NTE by $39,565,590, totaling $47,633,071 for additional early release work.

The Department now seeks Council approval to execute proposed Modification No. 2 to
establish GMP. If approved, Modification No. 2 will establish the final GMP of
$90,719,383, thereby increasing the Contract’s value by $43,086,312 from $47,633,071 to
$90,719,383.

(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 and approved by
the Council on June 9, 2024, as CA25-759 with a NTE amount of $8,067,481. Modification
No. 1 to the contract was deemed approved by the Council on January 25, 2025, as CA26-
11, as ESA 2 in the NTE amount of $47,633,071.

(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:

MCN Build, Inc., 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.

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

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

MCN Build, Inc., is based in Washington, DC, and is a Certified Business Enterprise
(“CBE”) specializing in developments that enhance the community, including
transformational projects that promote economic sustainability, to include community,
education, office, retail, healthcare, and institutional spaces in the District of Columbia,
Maryland, and Northern Virginia. MCN Build, Inc., provides a range of services, including
preconstruction, construction management, general contracting, and consulting services.

MCN Build, Inc., has successfully completed the following projects for DGS:

1. Raymond Elementary School Washington, DC, a $62,000,000 project.
2. MacFarland Middle School Washington, DC, a $62,000,000 project.
3. Jefferson Middle School Academy Washington, DC, a $75,000,000 project.
4. C.W. Harris Elementary School Washington, DC, a $50,000,000 project.

MCN Build, Inc. 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. MCN Build, Inc. 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:

MCN Build, Inc., is a CBE in accordance with the Act (CBE Number: LR65116012028).
Pursuant to D.C. Official Code § 2-218.46(d-1), MCN Build, Inc., shall submit a detailed
subcontracting plan to DSLBD that meets the requirements of D.C. Official Code § 2-
218.46(d) before entering into a guaranteed maximum price. MCN Build, Inc. submitted a
subcontracting plan as follows:

Contract’s NTE Dollar Value: $90,719,383
Subcontracting Requirement %: 35% of Subcontracting amount
CBE Self-Performed Amount: $9,079,138.30
Subcontracting Plan Required Dollar Value: $28,574,085.60
Subcontracting Plan Actual Dollar Value: $32,541,700

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

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

MCN Build, Inc., must 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, MCN Build, Inc., must perform the requirements contained in
the contract and meet or exceed the performance standards therein. They are subject to
liquidated damages of $2,500 per day of delay for failure to timely achieve substantial
completion of the Project. The Contract also provides a disincentive fee of $25,000 for the
replacement of key personnel without prior approval of DGS, to reimburse the Department
for its administrative costs arising from MCN Build, Inc.’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:

The Letter Contract executed by the Department on October 10, 2023, provided for an initial
NTE amount of $995,000.

The underlying Contract was deemed approved by the Council on June 9, 2024, as CA25-
0759 with a NTE amount of $8,067,481 ($995,000 Letter Contract amount + $7,072,481
Early Start Agreement (“ESA”) #1.

Modification No. 1 (“ESA #2”) to the Contract was deemed approved by the Council on
January 25, 2025, as CA26-11, and increased the NTE by $39,565,590, totaling $47,633,071
for additional early release work.

(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. 2 has been deemed legally sufficient by the Department’s
Office of the General Counsel, and MCN Build, Inc. 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)

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

a certification that the contracto r 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 MCN Build, Inc., is in compliance with
the District of Columbia tax laws and regulations. The applicable Clean Hands certification
is included in this contract 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:

MCN Build, Inc., 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 the DSLBD website, MCN Build, Inc., is a Certified Local Business
Enterprise and Resident Owned Business. MCN Build, Inc.’s CBE Number is
LR65116012028, with an expiration date of January 28, 2028.

(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:

MCN Build, Inc., 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:

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

The Contract award and the Contract are 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 MCN Build, Inc., the contractor is not in violation of D.C.
Official Code § 1- 1163.34a; and will not be in violation of D.C. Official Code § 1-
1163.34a.

Department of General Services 3924 Minnesota Avenue, NE, Washington D.C. 20019

Contracts and Procurement
Exhibit A

Contracts that MCN Build, Inc. Currently Holds with The District (Not Limited to DGS only):

Contract Number Project Caption

Project Value
1. DCAM-22-CS-RFP-0002 CMAR for Fort Lincoln Park $40M
2. DCAM-23-CS-RFP-0008 Tubman ES Modernization $79M
3. DCAM-23-CS-RFP-0017 MacArthur HS Expansion $72M
4. DCAM-23-CS-RFP-0035 New Douglass Community Center
Modernization
$25M
5. DCAM-24-CS-RFP-0004 Martin Luther King ES Modernization $57M
6. DCAM-24-CS-RFP-0024 CMAR for Jelleff Recreation Center $28M
7. DCAM-24-CS-RFP-0028 Whittier EC Modernization and Modular
Campus
$96M
8. DCAM-24-CS-RFP-0029 Hart MS Modernization and Internal Swing $122M
9. DCAM-24-CS-RFP-0032 Chisholm ES Modernization $90M

Projects MCN Build, Inc. Is Currently Seeking with The District (Not limited to DGS only):

Contract Number Project Caption

Project Value
1. Not Listed Chevy Chase Civic Site TBD

1101 4th Street, SW
Washington, DC 20024
Date of Notice: June 30, 2025 L0014305719Notice Number:
FEIN: **-***3429
Case ID: 18648461
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
MCN BUILD INC
1214 28TH ST NW
WASHINGTON DC 20007-3315
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. 2 to Contract No. DCAM-23-CS-RFP-0008
Design-Build Services for Tubman Elementary School Modernization

Date: July 3, 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. 2 (GMP Amendment) to the Agreement for
Design Build Services for Tubman Elementary School Modernization (DCAM-23-CS-RFP-0008),
with MCN Build, Inc., in the amount of $90,719,383.00 is consistent with the Department’s current
budget and that adequate funds are available in the budget for the expenditure.

Per the Department of General Services Contracts & Procurement (“C&P”) team, the underlying
Contract was deemed approved by the Council on June 9, 2024, as CA25-0759, with an initial Not-
to-Exceed amount of $8,067,481.00 ($995,000.00 Letter Contract + $7, 072,481.00 Early Start
Agreement (“ESA”) #1). Modification No. 1 to the contract was deemed approved by the Council
on January 25, 2025, as CA26 -0011, ESA #2, in the amount of $39,565,590.00, increasing the
contract value to $47,633,071.00 ($8,067,481.00 + $39,565,590.00 ESA #2).

Per C&P, if approved, the proposed Modification No. 2, in the amount of $43,086,312.00, will
increase the Contract value to $90,719,383.00 ($47,633,071.00 + $43,086,312.00).

The proposed Modification No. 2, in the amount of $43,086,312.00, would establish the
guaranteed maximum price (the “GMP”) totaling the Contract NTE amount to $90,719,383.00.

While funding in the amount of $90,719,383.00 is being certified for capital -eligible items only,
there is an ineligible amount of $1,644,956.88 listed in Exhibit G of the GMP amendment. 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 and 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 DGS
operating reprogramming for approval in the fiscal year that the goods/services are needed for the
$1,644,956.88.

The Department of General Services (DGS – Implementing AGY) has $90,719,383.00 in the
District of Columbia Public Schools (DCPS – Owner AGY) cumulative capital budget authority
balance. $54,646,091.24 is funded through FY2025. $36,073,291.76 is pending the FY2026 capital
budget load for the Tubman ES Modernization project – 100245. Per the approved FY2025 –
FY2030 CIP, Tubman ES Modernization capital project will receive $40,089,144.00 in FY2026.

The DIFS/PASS information is attached/below.

Antoinette Hudson Beckham
Agency Fiscal Officer
Department of General Services

Project Name Project
Number
Fund
Detail AY Imp
AGY
Owner
AGY RQ/PO Amount Comments
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 PO696896-V2 $995,000.00 Letter Contract
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 PO709298 $2,072,481.00 ESA #1
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 PO709651 5,000,000.00 ESA #1
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 PO722408 $39,565,590.00 ESA #2
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 RK305046 $7,013,020.24
Proposed Mod #2
FY25 Capital Part of
$43,086,312.00
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 RK305049 $34,428,334.88
Proposed Mod #2
FY26 Capital Part of
$43,086,312.00
AM0.TA137C.TUBMAN ES
MODERNIZATION 100245 3030300 N/A AM0 GA0 RK305052 $1,644,956.88
Proposed Mod #2
FY26 Ineligible Part
of $43,086,312.00
TOTAL $90,719,383.00

3924 Minnesota Avenue NE, 6th Floor Washington, DC 20019 | Telephone (202) 727-2800 | Fax (202) 727-7283

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

OFFICE OF THE GENERAL COUNSEL

MEMORANDUM

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

FROM: Kristen Walp
Senior Assistant General Counsel

SUBJECT: Legal Sufficiency Certification

Proposed Modification No. 2 to the Design -Build Services Agreement for
Tubman Elementary School Modernization

Contract Number: DCAM-23-CS-RFP-0008
Contractor: MCN Build, Inc.

DATE: July 10, 2025

This is to certify that this Office has reviewed the above- referenced proposed
Modification No. 2 and has found it to be legally sufficient, subject to submission of:
(i) any required materials and Council approval; (ii) Council’s approval of the same;
and (iii) a Fiscal Certification issued by the Department of General Services’ Agency
Fiscal Officer.

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

_______________________
Kristen Walp
Senior Assistant General Counsel

GOVERNMENT OF THE DISTRICTOF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

tok* kw Weare
Bc|
September26,2023
JosephKhouryPrincipal/EVPofPreconstructionMCN Build121428thStreetNW,Washington,DC20007joseph@menbuild.com
Reference: RequestforProposalsNo,DCAM-23-CS-REP-0008(“RFP”)Design-BuildServicesforTubmanElementarySchoo]Modernization
Subject: NoticetoProceedandLetterContract
DearMr,Joseph,
We refertotheproposalsubmittedbyMCN Build,Ine.(the“Contractor”or“Design-Builder”)inresponsetotheabove-referencedRFP.WearepleasedtoinformyouthatthisworkhasbeenawardedtoMCN Build,Inc.andifthisLetterContract(“LetterContract”)issignedbytheContractorwithoutmodificationofanykind,itwillserveasanoticetoproceedwiththeworkdescribedbelow.Thisnoticetoproceedissubjecttothefollowingterms:

hisisaLetterContractbetweentheContractorandtheDistrictofColumbiaGovernment,actingbyandthroughitsDepartmentofGeneralServices(“DGS”orthe“Department”),andshallgovernourrelationshipuntilsuchtimeasafinalcontractisenteredinto
fortheworkdescribedintheabove-referencedRFP(the“DefinitizedContract”);provided,however,thattotheextentanissueisnotcoveredinthisLetterContract,theRFPshallgovern,
OncetheDefinitizedContractisexecutedbyanauthorizedContractingOfficer,thisLetterContractshallautomaticallyterminateandmergeintotheDefinitizedContract.
lL LetterContract.

2. ScopeofWork,TheContractorshallprovideDesign-BuildServicesforTubmanElementarySchoolModernization,locatedat310113thStreetNW,Washington,DC 20010,as
desoribedintheContractor'sProposaldatedApril28,2023,submittedinresponsetothesubjectRFP.
3. Deliverables.In connectionwith theservicesprovidedpursuanttothisLetterContract,the
Contractorshallprovide,ataminimum,thedeliverables(ExhibitC)inaccordancewiththe

requirementsintheRFPandFormofContractandScheduleofValues(ExhibitA)tothe
Department’sProgramManagerandinthereferencedinstancestotheContractingOfficer.
IntheeventthattheContractorfailstotimelysubmitanysuchdeliverable,theContractorshallpaytotheDepartmentasadisincentivefeeSevenThousandandFiveHundredDollars($7,500.00)
plusFiveHundredDollars($500.00)perdayafterreceivingwrittennoticefromtheContractingOfficeroffailuretosubmiteachdeliverable.Thisremedyiscumulativeanddoesnotlimitany
otherrightorremedyoftheDepartmentunderthecontractorapplicableDistrictlaw.

4. NottoExceedAmount.Thelimitofthisauthorizationisupto$995,000.00(“NottoExceed”amountor“NTE”)includingaportionoftheDesignFeeintheamountof$888,042.00
(including$18,609.00forInsuranceBurden,and$18,981.00forPerformanceandPaymentBonds),and$106,958.00forDesign-BuildFee(including$80,000.00forPreconstructionFeeand$26,958.00forConstructionManagementFee),asfurtherdescribedintheScheduleofValues
(ExhibitA).InnoeventshalltheContractorbeentitledtoreceivemorethantheNTEamountunderthisLetterContractunlessauthorizedinadvanceandinwritingbyadulyauthorized
ContractingOfficer.ThisNTEamountincludesallcostsincurredbytheContractorinconnectionwiththeworkauthorizedhereby,

5. Construction Phase Compensation, The Contractor understands and agrees that the
DepartmentmakesnorepresentationorwarrantythattheContractorshallbeentitledtoserveas
thebuilderfortheProject.If,however,theDepartmentandtheContractoragreeupona GMP and
scheduleforthe Project,the Contractoragreesthatitshallbe paida Design Fee of $5,130,000.00
(including$888,042.00inSection4 above),aDesign-BuildFeeof$2,200,000.00(including$106,958.00inSection4 above)andthattheLumpSumGeneralConditionsCostshallbe$3,600,000.00basedonthescheduleandbudgetsetforthintheRFP.TheContractorfurtheragreestoenterintoadesign-buildagreementthatissubstantiallysimilartotheAgreementforDesign-BuildServicesissuedwiththeRFP,subjectonlytosuchadjustmentsaswererequestedbytheContractorinitsbidandwhichareagreedtobytheDepartment,
6. Insurance,AtalltimeswhileworkingunderthisLetterContract,theContractorshallmaintaininsuranceasdescribedintheRFP.AllsuchpoliciesshallbeendorsedtoaddtheDistrictofColumbia,including,butnotlimitedto,itsDepartmentofGeneralServices,andtherespective
agents,employees,andofficesofeachasadditionalinsureds(Exhibit1).

7. Duration.OncesignedbytheContractor,theLetterContractwillbecomeeffectiveonthedatetheLetterContractisexecutedbytheDepartment.ThisLetterContractwillterminateonthe
earliertooccurofthefollowing:(i)thedatetheDefinitizedContractbecomeseffective;or(ii)February29,2024.DGSreservestherighttoterminatethisLetterContract,inwholeorspecifiedpart,forconvenienceinthemannerdescribedinArticle5andArticle6oftheDistrictof Columbia
DepartmentofGeneralServicesStandardContractProvisionsforConstructionContracts(ExhibitB1)andStandardContractProvisionsforArchitecturalandEngineeringServicesContract
(ExhibitB2),

8. Billing.AllinvoicesshallbesubmitteddirectlytotheDepartmentattheaddressspecified
intheRFP.PurchaseOrdernumbersshouldbe includedinallfutureinvoicesandaccounting

"3924MinnesotaAvenueNE,5®FloorWashingtonDC20019| Telephone(202)727.2800| Fax(202)727-7283
records,Properlypreparedinvoiceswiththenecessarybackupshallbepaidwithinthirty(30)daysofreceipt.InvoicesnotpaidbythatdateshallbearinterestinaccordancewiththeQuickPaymentAct.
9. KeyPersonnel,Tocarryoutitsduties,theDesign-BuildershallprovideatleastthekeypersonnelidentifiedinExhibitF(“KeyPersonnel”),whoshallcarryoutthefunctionsidentifiedinExhibitF,Amongotherthings,theKeyPersonnelshallinclude:
A- Key Personnel of the Design-Builder:
(ProjectManager;(ii)Superintendent;and(iii)ProjectExecutive.
B-KeyPersonneloftheArchitect/Engineer:
(iProjectManager;(ii)ProjectArchitect;(iii)PrincipalinCharge;(iv)LeadMechanical
Engineer;and(v)LeadEnvelopeConsultant.
ItiscontemplatedthattheseKeyPersonnelwillworkfromthedesignstage,purchasing,andthroughoutthebulkofthefieldwork.TheDesign-Builder’sobligationtoprovideadequatestaffing
isnotlimitedtoprovidingtheKeyPersonnelbutisdeterminedbytheneedsoftheProject.IfanyoftheKeyPersonnelbecomeunavailabletoperformservicesinconnectionwiththeLetterContractduetodeath,disability,orseparationfromtheemploymentoftheDesign-BuilderoranyaffiliateoftheDesign-Builder,thentheDesign-BuildershellprompilynotifytheDepartment'sContractingOfficerandproposeareplacementacceptabletotheDepartment.TheDepartmentshallbeentitledtocompleteinformationbeforeapprovingsuchreplacement,CertainmembersoftheDesign-Builder’sKeyPersonnelshallbesubjecttoareplacementfeefortheirremovalorreassignmentbytheDesign-Builder.
IftheDesign-BuilderreplacesoneofthekeypersonnellistedinExhibitFasbeingsubjecttoareplacementfee,withoutthepriorwrittenconsentoftheDepartment,thentheDesign-BuildershallpaytheDepartment$25,000foreachreplacementasareplacementfeeandnotapenalty,toreimburse the Department foritsadministrativecostsarisingfrom the Design-Builder’sfailureto
providetheKeyPersonnel.Theforegoingreplacementfeeamountshallnotbarrecoveryofany
‘otherdamages,costs,orexpensesotherthantheDepartment’sinternaladministrativecosts,

10. TheDesign-BuildershallutilizetheDepartment'scurrentprojectmanagementsoftware,
ProjectTeam,tosubmitanyandallprojectdocumentationrequiredtobeprovidedbytheDesign-BuilderfortheProject,including,butnotlimitedto:(i)requestsforinformation;(ii)submittals;(iii)meetingminutes;(iv)invoices/applicationsforpayment(fullpackageincludingallforms
requiredbyDGS);(v)certifiedpayrolls(inadditiontouploadviaLCPTracker);(vi)drawingsandspecifications;(vii)GMP andanySubmissionsthatrequireapprovalbyDC Council(viii)
punch list;and(ix)otherProjectdocumentsasmaybedesignatedbytheDepartment.

Electronicstorageand transmissionof informationvia ProjectTeam system shallbe compliant
withtheprovisionsofDGSdocumentsecurity.
3924MinnesotaAvenueNE,5®FloorWashingtonDC20019|Telephone(202)727.2800| Fax(202)727-7283
11. InvoiceSubmittal,TheContractorshallcreateandsubmitpaymentrequestsinanelectronicformatthroughtheDCVendorPortal,https://vendorportal.de.gov.TheContractorshallsubmitproperinvoicesonamonthlybasis.Toconstituteaproperinvoice,theContractorshallenterallrequiredinformationintothePortalafterselectingtheapplicablepurchaseordernumberwhichislistedontheContractor’sprofile.Properlypreparedinvoiceswiththenecessarybackup
shallbepaid thirty(30)daysofreceipt.InvoicesnotpaidbythatdateshallbearinterestinaccordancewiththeQuickPaymentAct.Forassistancewiththeregistrationprocesscall(202)741-5200orvisithttp/vendorportal.de.govtosubmitaninquiry.

12, PurchaseOrderNumber.ThisLetterContractwillbecomeeffectiveonthedatetheLetter
ContractisexecutedbytheDepartment.TheDepartment’sContracting& ProcurementDivisionwillissueapurchaseordernumberandwillbesentinaseparatecover.Thatnumbershouldbe
includedinallfutureinvoicesandaccountingrecords.IntheeventthatyoudonotobtainapurchaseordernumberpleasecontactSafiullahBaranviasafiullah.baran@de.govdirectly10
obtainthisnumber.

AlldocumentsandworkproductpreparedbytheDepartmentuponthepaymentofinvoicessubmitted13, Ownership and Use of Documer
Contractorshallbecomethepropertyofunder the Letter Contract.

14. ‘TradeWork/SiteControl.UnlessotherwisedirectedbytheDepartment,theContractorshallnotperformanytradeworkortakecontrolofthesite.Anyauthorizationtoproceedwithtradeworkwillincludeappropriateprovisionsrelatingtocompliancedocumeats(firstsourceemploymentagreement,DepartmentofSmallandLocalBusinessDevelopment(DSLBD)),bonds,insurance,andsafetyprocedures.Ata minimum,however,theDepartment’sStandardContractProvisionsforConstructionshallapply.Inadditiontotherequirementssetforthinanysuchsubsequentauthorization,priortoexecutingthisLetterContract,theContractorshallprovidetheDepartment'sContractingOfficerwithcertificatesevidencinginsurance,a paymentandperformancebondhavingapenalvalueequaltothethenvalueoftheLetterContractandtheContractor'sagreementofindemnity.IntheeventtheContractorfailstoprovidetheDepartmentwithsuchcertificatesofinsurance,theagreementforindemnityorbond,theDepartmentmay
withholdanysubsequentpaymentuntilsuchdocumentsareprovided.

15. EntireAgreement; Modification,This LetterContract,along with the Standard Contract
Provisions,(Exhibit B1—Construction Servicesand Exhibit B2—Architectural& Engineering
Services)supersedeallcontemporaneousorpriornegotiations,representations,courseofdealing,oragreements,eitherwrittenororal.NomodificationstothisLetterContractshallbeeffectiveagainsttheDepartmentandunlessmadeinwritingsignedbytheDepartment,Notwithstandingthe
provisionsofthisSection15,nothinghereinshalllimittheDepartment’sabilitytounilaterallymodify thisLetterContract.

16. DavisBaconActWageDetermination.TheContractoragreesthattheworkperformed
underthisLetterContractshallbe subjecttotheDavisBaconWageDeterminationandTitle29CodeofFederalRegulations(“CFR”)assetforthinExhibitD andExhibitEineffectatthetime
ofLetterContractexecutionbytheDepartment.

"3924MinnesotaAvenueNE,5"FloorWashingtonDC20019|Telephone(202)727.2800| Fax(202)727-7283
10/10/2023
X
1
2
3
4
Washington, DC 20019
Contracts and Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-23-CS-RFP-0008/Mod No. 1
9B. Dated (See Item 11)
June 18, 2024joseph@mcnbuild.com
X
10A. Modification of Contract/Task Order No.MCN Build, Inc.
1214 28th Street NW
Washingtong, DC 20007 10B. Dated (See Item 13)
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-23-CS-RFP-0008 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-DCAM-23-CS-RFP-0008 See Block 16C PR-014334 Design-Build Services Tubman
Elementary School Modenization
2. Modification Number
(Signature of person authorized to sign) (Signature of Contracting Officer)
solicitation and this amendment, and is received prior to the opening hour and date specified.
12. Accounting and Appropriation Data (If Required)
15B. MCN Build, Inc. 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print)
Offers must acknowledge receipt of this amendment prior to the ho ur and date specified in the solic itation or as amended, by one of the
Contractor is not, is required to sign this document and return
amendment on each copy of the offer submit ted; or (c) By separate letter or fax which includes a reference to the solicitation and
following methods: (a) By completing Items 8 and 15, and returning 1
X D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Contract DCAM-23-CS-RFP-0008
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 ente red into pursuant to authority of:
A. This change order is issued pursuant to: (Specify Authority)
Joseph Khoury
Executive Vice President of Construction
8. Name and Address of Contractor (No. Street, city, country, state and ZIP Code) 9A. Amendment of Solicitation No.
16A. Name of Contracting Officer
Peter Henry Lyonga
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
Contract No. DCAM-23-CS-RFP-0008 to provide Design-Build Services for Tubman Elementary School is hereby modified as
follows:
copies of the amendment: (b) By acknowledging receipt of this
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
Scope of Work. The Contractor's scope of work remains unchanged. This Modification No. 1 is a second Early Start
Agreement that increases the Not-to-Exceed ("NTE") Amount to r elease additional Project funding. Modification No. 1 is for the
release of funds necessary for several construction services for the first half of the project's construction.
Not-to-Exceed Amount. The Contract's NTE amount is hereby increased by $39,565,590, from $8,067,481 to $47,633,071,
which includes a $450,000 Owner's Allowance. The amount of $47,633,071 includes the previously released contract amount
of $8,067,481 as further described in Exhibit A. The Owner's Allowance is for building permits. Pre-approval by the Department
is required to use the allowance listed in Exhibit B.
Release: It is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases,
waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays,
disruptions, additional work, additional time, additional cost, contract extensions, compensations or liability under any theor y,
whether known or unknown, that the Contractor may have now or in the future against the Department arising from or out of, as
a consequence or result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the
Contract Work.
Terms & Conditions: All other Terms and Conditions remain unchanged.
Jospeh Khoury, EVP Preconstruction
1/2/2025
/RK296642
2/13/2025
(Continuation)
Contract Number Page of Pages
DCAM-23-CS-RFP-0008 2 of 2
5. Contract Recap:
NTP Letter Contract Executed: October 10, 2023 995,000.00$
Contract (ESA1) Executed: June 18, 2024 7,072,481.00$
Modification No. 1 (ESA2) 39,565,590.00$
Total Price 47,633,071.00$
Modification No.
Modification No. 1-DCAM-23-CS-RFP-0008
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4
Peter Henry Lyonga
14. Description of amendment/modification (Organized by UCF Section headings, including solicitation/contract subject matter where feasible.)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
Contract No. DCAM-23-CS-RFP-0008 to provide Design-Build Services for Tubman Elementary School is hereby modified as follows:
copies of the amendment: (b) By acknowledging receipt of this
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
Guaranteed Maximum Price. The Contract No. DCAM-23-CS-RFP-0008 Design-Build Services for Tubman Elementary School
Modernization is modified to establish the Contract's Guaranteed Maximum Price ("GMP") in the amount of Ninety Million Seven
Hundred Nineteen Thousand Three Hundred Eighty-Three Dollars and Zero Cents ($90,719,383.00) per the terms of
Attachment A hereto. The Contract value is hereby increased by $43,086,312.00, from $47,633,071 to $90,719,383.00.
Release: It is mutually agreed that in exchange for this Modification and other considerations, the Contractor hereby releases,
waives, settles, and holds the Department harmless from any and all actual or potential claims or demands for delays, disruptions,
additional work, additional time, additional cost, contract extensions, compensations or liability under any theory, whether known or
unknown, that the Contractor may have now or in the future against the Department arising from or out of, as a consequence or
result of, relating to or in any manner connected with this Modification, the above-referenced Project, and the Contract Work.
Terms & Conditions: All other Terms and Conditions remain unchanged.
While funding in the amount of $90,719,383.00 is being certified for capital-eligible items only, there is an ineligible amount of
$1,644,956.88 listed in Exhibit G of the GMP amendment (Attachment A). 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 and expenditures for these items, until operating funds are available via a purchase order
for the same amount.
X D. Other (Specify type of modification and authority) Title 27 DCMR Section 4728 and Contract DCAM-23-CS-RFP-0008
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)
Joseph Khoury
Executive Vice President of Construction
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. MCN Build, Inc. 15C. Date Signed 16B. District of Columbia 16C. Date Signed
15A. Name and Title of Signer (Type or print) 16A. Name of Contracting Officer
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the
Contractor is not, is required to sign this document and return
amendment on each copy of the offer submitted; or (c) By separate letter or fax which includes a reference to the solicitation and
following methods: (a) By completing Items 8 and 15, and returning 1
1. Contract Number
MODIFICATION OF CONTRACT Page of Pages
DCAM-23-CS-RFP-0008 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. 2 See Block 16C
PR-015111
RK305046, RK305049 &
RK305052
Design-Build Services Tubman
Elementary School Modernization
2. Modification Number
Washington, DC 20019
Contracts and Procurement Division
3924 Minnesota Avenue, NE, 5th Floor
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.
DCAM-23-CS-RFP-0008/Mod No. 2
9B. Dated (See Item 11)
June 18, 2024 joseph@mcnbuild.com
X
10A. Modification of Contract/Task Order No. MCN Build, Inc.
1214 28th Street NW
Washington, DC 20007 10B. Dated (See Item 13)
07/16/2025
Joseph Khoury, EVP
(Continuation)
Contract Number Page of Pages
DCAM-23-CS-RFP-0008 2 of 2
5. Contract Recap:
NTP Letter Contract Executed: October 10, 2023 995,000.00$
Contract (ESA1) Executed: June 18, 2024 7,072,481.00$
Modification No. 1 (ESA2) Executed: February 13, 2025 39,565,590.00$
Modification No. 2 (GMP) 43,086,312.00$
Total Price 90,719,383.00$
Modification No.
Modification No. 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
BUILD= xMAINTAIN =a
SUSTAIN aa
We%ant

ATTACHMENT A
GMP AMENDMENT
[ATTACHMENT WILL APPEAR ON THE FOLLOWING PAGE]
GUARANTEED MAXIMUM PRICE AMENDMENT
DESIGN-BUILD AGREEMENT
TUBMAN 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 MCN BUILD, INC.
(the “Design-Builder”), pursuant to the Agreement, dated October 10, 2023, between the District
of Columbia government, by and through the Department and the Design-Builder, for design-build
work at the TUBMAN ELEMENTARY SCHOOL MODERNIZATION and to establish a
Guaranteed Maximum Price and Contract Time for the Work as set forth below.
ARTICLE I
GUARANTEED MAXIMUM PRICE
Section 1.1 Guaranteed Maximum Price. Subject to additions and deductions which
may be made only in accordance with the Agreement, the Design-Builder represents, warrants and
guarantees to the Department that the total maximum cost to be paid by the Department for Design-
Builder’s complet e 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 Ninety
Million Seven Hundred Nineteen Thousand Three Hundred Eighty-Three Dollars and Zero Cents
($90,719,383.00) ("Guaranteed Maximum Price "). The amount of $9 0,719,383.00 includes
ineligible items per Section 1.8 of this GMP Amendment and Exhibit G. 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 the full and complete performance of the Work in strict
accordance with the Contract Project Documents;
1.2.2 a Design Fee for the Design -Builder as defined in the Agreement, in the amount
of $5,611,988.00;
1.2.3 a Pre-Construction Fee for the Design-Builder, as defined in the Agreement, in the
amount of $138,500.00;
1.2.4 a Design-Build Fee for the Design -Builder, as defined in the Agreement, in the
amount of $2,336,386.00;
1.2.5 a Lump Sum General Conditions Cost, as defined in the Agreement, in the amount
of $3,600,000.00;
1.2.6 The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibits 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 attached to this Amendment and
marked Exhibits A through Exhibit H, as follows:
1.3.1 Exhibit A: List of Drawings, Specifications, addenda and General, Supplementary
and other Conditions of the Agreement on which the Guaranteed Maximum Price is based.
1.3.2 Exhibit B: A list of Unit Prices and Allowance items as well as a statement of their
basis.
1.3.3 Exhibit C: Assumptions and Clarifications made in preparing the Guaranteed
Maximum Price, noting in particular any exclusions. The Assumptions and Clarifications shall
take precedence over the Drawings and Specifications but shall be subordinate to the Agreement
and the terms of this Amendment.
1.3.4 Exhibit D: The proposed Guaranteed Maximum Price, including a statement of the
detailed cost estimate organized by trade categories, allowances, Contingency, and other items and
the fee that comprise the Guaranteed Maximum Price.
1.3.5 Exhibit E: A Construction Phase Schedule which shall include, but not be limited
to, the Substantial and Final Completion Dates, upon which the proposed Guaranteed Maximum
Price is based, and a schedule of the Construction Project Documents issuance dates upon whic h
the Substantial and Final Completion Dates are based (the “Project Schedule”).
1.3.6 Exhibit F: An LSDBE Utilization Plan setting forth the names and estimated dollar
volume of the work that will be performed by small, local and disadvantaged business enterprises,
as certified by the Department of Small and Local Business Development, upon which the GMP
is based.
1.3.7 Exhibit G : Ineligible costs that require further review and approval from the
Department’s Office of Financial Officer before using the cost.
1.3.8 Exhibit H: District’s General Guidelines for Capital Financing Eligibility.
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 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 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 a hundred 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 a spects 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 Proje ct other than as expressly provided in the
Agreement.
Section 1.7 Allowances. The Guaranteed Maximum Price includes specific "Unit
Price Allowance Amounts" for certain items as shown on the Schedule of Values and budgeted in
the Guaranteed Maximum Price (" Allowance Items"). The only Allowance Items shall be those
specifically identified as such in the Schedule of Values and in the Guaranteed Maximum Price.
The Allowance Amounts represent all Costs of the Work of the Allowance Items, including,
without limitation, costs of materials, labor, handling, transp ortation, loading and unloading and
installation, as determined by Design-Builder.
Section 1.8 Capital Eligibility. While funding in the amount of $90,719,383.00 is being
certified for capital-eligible items only, there is an ineligible amount of $1,644,956.88.00 listed in
Exhibit G.

Section 1.9 Shared Savings. In the event there are GMP savings, excluding any Owner
Allowances and Owner Contingency, the GMP savings shall be split 70/30 with 70% allocated to
the Department and 30% allocated to the Design-Builder. The maximum allocation to the Design-
Builder shall be $990,000.00.

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 t he 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. Without limiting the generality of the foregoing, the Design-Builder
hereby agrees as follows:
2.2.1 The failure of the Department to insist in any one or more instances upon a strict
compliance with any provision of this Agreement, or to exercise any option herein conferred, shall
not be construed as a waiver or 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, sect ions,
subsections or trade disciplines.
2.2.4 Detail drawings shall take precedence over scale drawings, and figured dimensions
on the Drawings shall govern the setting out of the Work.
2.2.5 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to the
Effective Date.
2.2.6 Technical words, abbreviations and acronyms in the Contract Project Documents
shall be used and interpreted in accordance with customary usage in the construction industry.
2.2.7 Whenever consent, permission or approval is required from any party pursuant to
the provisions of the Contract Project Documents, such consent, permission or approval shall,
unless expressly provided otherwise in this Agreement, be given or obtained, as applicable, in
writing.

ARTICLE 3
[INTENTIONALLY OMITTED]

ARTICLE 4
OTHER PROVISIONS
Section 4.1 Design-Builder’s Responsibilities. The Design -Builder also expressly
acknowledges that this Project and the Work will proceed on a "fast-track" method of construction,
i.e., construction will commence without final Drawings and Specifications in place. More
specifically, while Drawings and Specifications are complete for certain portions of Work, the
design process will continue for other portions during construction based on the Guaranteed
Maximum Price premises and assumptions. The Design -Builder has been, and will continue to
be, an active participant in the design process. Given such participation, the Design -Builder
represents that it is familiar with the scope and quality of those aspects of the Project that have not
yet been fully desig ned, 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 Contract Project Documents, but which is reasonably
inferable from the Contract Project Documents, and such Work shall be performed without any
increase in the Guaran teed 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-0008) 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:
MCN BUILD, INC.
By:
Name:
Its:
Date:
Joseph Khoury
Principal/Executive Vice President
July 16, 2025

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

*
BUILD= xier =a
‘SUSTAIN ass
EXHIBIT A
DrawingsandSpecifications
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
100% DD (10/07/24)
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Architectural
A-001 NOTES, ABBREVIATIONS, LEGENDS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-002 EXTERIOR ASSEMBLY TYPES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-003 INTERIOR PARTITION TYPES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-004 SIGNAGE TYPES AND DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-011 EXTERIOR ASSEMBLY TYPES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-012 SLAB EDGE PLAN SECOND FLOOR 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-013 SLAB EDGE PLAN THIRD FLOOR 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-101 OVERALL BASEMENT / FIRST FLOOR PLAN 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-102 OVERALL SECOND FLOOR PLAN 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-103 OVERALL THIRD FLOOR PLAN 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-104 ROOF PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-110C BASEMENT FLOOR PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-111A FIRST FLOOR PLAN - PART A 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-111B FIRST FLOOR PLAN - PART B 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-111C FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-112A SECOND FLOOR PLAN - PART A 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-112B SECOND FLOOR PLAN - PART B 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-112C SECOND FLOOR PLAN - PART C 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-113A THIRD FLOOR PLAN - PART A 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-113B THIRD FLOOR PLAN - PART B 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-121 FIRST FLOOR REFLECTED CEILING PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-122 SECOND FLOOR REFLECTED CEILING PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-123 THIRD FLOOR REFLECTED CEILING PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-131A FIRST FLOOR REFLECTED CEILING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-131B FIRST FLOOR REFLECTED CEILING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-131C FIRST FLOOR REFLECTED CEILING PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-132A SECOND FLOOR REFLECTED CEILING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-132B SECOND FLOOR REFLECTED CEILING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-132C SECOND FLOOR REFLECTED CEILING PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-133A THIRD FLOOR REFLECTED CEILING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-133B THIRD FLOOR REFLECTED CEILING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-141A LEVEL 1 FINISH FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-141B LEVEL 1 FINISH FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
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Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 1 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
A-141C LEVEL 1 FINISH FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-142A LEVEL 2 FINISH FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-142B LEVEL 2 FINISH FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-142C LEVEL 2 FINISH FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-143A LEVEL 3 FINISH FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-143B LEVEL 3 FINISH FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-151A LEVEL 1 FFE PLAN - PART A 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-151B LEVEL 1 FFE PLAN - PART B 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-151C LEVEL 1 FFE PLAN - PART C 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-152A LEVEL 2 FFE PLAN - PART A 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-152B LEVEL 2 FFE PLAN - PART B 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-152C LEVEL 2 FFE PLAN - PART C 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-153A LEVEL 3 FFE PLAN - PART A 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-153B LEVEL 3 FFE PLAN - PART B 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-200 PROJECT No: 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-201 OVERALL ELEVATIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-202 PART ELEVATIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-203 PART ELEVATIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-204 PART ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-300 3D AXONOMETRICS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-301 BUILDING SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-302 BUILDING SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-303 BUILDING SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-311 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-312 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-313 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-314 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-315 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-316 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-317 WALL SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
A-401 TYPICAL CORRIDOR ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-402 TYPICAL CORRIDOR ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-411 ENLARGED PLANS - PRE-K AND KINDERGARTEN CLASSROOMS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-412 ENLARGED PLANS - UPPER GRADE CLASSROOMS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-413 ENLARGED PLANS - WELCOME CENTER 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-414 ENLARGED PLANS - HEALTH SUITE AND OT/PT ROOM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-415 ENLARGED PLANS - KITCHEN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-416 ENLARGED PLANS - CAFETERIA 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 2 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
A-417 ENLARGED ELEVATIONS - CAFETERIA 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-418 ENLARGED PLANS - GYMNASIUM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-419 ENLARGED ELEVATIONS- GYMNASIUM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-420 ENLARGED PLANS - MUSIC AND DISTRIBUTED ADMIN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-421 ENLARGED PLANS - DISCOVERY, RESOURCE, AND TEACH. COLLAB 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-422 ENLARGED PLANS - LIBRARY 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-423 ENLARGED ELEVATIONS - LIBRARY 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-424 ENLARGED PLANS - SPECIALS AND ART CLASSROOMS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-425 ENLARGED PLANS - MUSIC 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-431 ENLARGED TOILET PLANS AND ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-432 ENLARGED TOILET PLANS AND ELEVATIONS 3 10/07/2024 10/08/2024 100% DD (10/07/24)
A-540 ROOF SCREEN PLAN AND DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-551 INTERIOR FINISH DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-552 CEILING FINISH DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-591 CASEWORK TYPICAL ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-592 CASEWORK TYPICAL ELEVATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-593 CASEWORK DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-594 PROJECT No: 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-601 DOOR SCHEDULE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-602 DOOR SCHEDULE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-603 DOOR AND FRAME DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-610 INTERIOR STOREFRONT TYPES AND DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-611 STOREFRONT TYPES AND DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-612 STOREFRONT AND LOUVER TYPES AND DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-614 CURTAINWALL TYPES AND DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-701 STAIR A- PLANS AND DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-702 STAIR B- PLANS AND DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-703 STAIR C- PLANS AND DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-704 ELEVATOR PLANS AND DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
A-711 RAILING DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
A-900 INTERIOR FINISH SCHEDULE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
Civil
C-000 COVERSHEET 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-100 EXISTING CONDITIONS PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-200 DEMO PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-300 SITE PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-301 SITE PLAN DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-400 UTILITY PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 3 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
C-401 UTILITY PROFILES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-401A SANITARY, FIRE, & WATER UTILITY 0 10/07/2024 10/08/2024 100% DD (10/07/24)
C-402 UTILITY DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-403 UTILITY DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-404 UTILITY DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
C-500 GRADING AND DRAINAGE PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-600 STORMWATER MANAGEMENT PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-601 SDA PROPOSED MAP 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-602 CDA MAP 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-603 SWM DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-604 SWM DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-605 SWM DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-606 SWM DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-607 SWM DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-608 STORMWATER MANAGEMENT CROSS SECTIONS AND PROFILES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
C-700 EROSION AND SEDIMENT CONTROL PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-701 ESC NOTES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-702 ESC NOTES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-703 ESC DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
C-704 ESC DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Electrical
E-001 ELECTRICAL COVER SHEET 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-002 LIGHTING FIXTURE SCHEDULE 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-003 EQUIPMENT CONNECTION SCHEDULE 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-100 ELECTRICAL POWER BASEMENT PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-101A ELECTRICAL POWER FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-101B ELECTRICAL POWER FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-101C ELECTRICAL POWER FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-102A ELECTRICAL POWER SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-102B ELECTRICAL POWER SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-102C ELECTRICAL POWER SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-103A ELECTRICAL POWER THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-103B ELECTRICAL POWER THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-110 ELECTRICAL EQUIPMENT POWER BASEMENT PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-111A ELECTRICAL EQUIPMENT POWER FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-111B ELECTRICAL EQUIPMENT POWER FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-111C ELECTRICAL EQUIPMENT POWER FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-112A ELECTRICAL EQUIPMENT POWER SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 4 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
E-112B ELECTRICAL EQUIPMENT POWER SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-112C ELECTRICAL EQUIPMENT POWER SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-113A ELECTRICAL EQUIPMENT POWER THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-113B ELECTRICAL EQUIPMENT POWER THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-114A ELECTRICAL EQUIPMENT POWER ROOF PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-114B ELECTRICAL EQUIPMENT POWER ROOF PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-200 ELECTRICAL LIGHTING BASEMENT FLOOR PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-201A ELECTRICAL LIGHTING FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-201B ELECTRICAL LIGHTING FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-201C ELECTRICAL LIGHTING FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-202A ELECTRICAL LIGHTING SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-202B ELECTRICAL LIGHTING SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-202C ELECTRICAL LIGHTING SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-203A ELECTRICAL LIGHTING THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-203B ELECTRICAL LIGHTING THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-210 FIRE ALARM BASEMENT FLOOR PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-211A FIRE ALARM FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-211B FIRE ALARM FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-211C FIRE ALARM FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-212A FIRE ALARM SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-212B FIRE ALARM SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-212C FIRE ALARM SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-213A FIRE ALARM THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-213B FIRE ALARM THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-214A FIRE ALARM ROOF PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-214B FIRE ALARM ROOF PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-401 ELECTRICAL ENLARGED PLANS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-402 ELECTRICAL ENLARGED PLANS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-501 ELECTRICAL DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-502 ELECTRICAL DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-503 ELECTRICAL DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-504 ELECTRICAL DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-601 ELECTRICAL RISER DIAGRAM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-602 TELECOM AND GROUNDING RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-603 FIRE ALARM RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-604 IN-BUILDING RADIO SIGNAL AMPLIFICATION SYSTEM RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-605 FIRE ALARM ANNUNCIATOR PANEL 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-701 ELECTRICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 5 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
E-702 ELECTRICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-703 ELECTRICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-704 ELECTRICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
E-705 ELECTRICAL SCHEDULES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-706 ELECTRICAL SCHEDULES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-707 ELECTRICAL SCHEDULES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
E-708 ELECTRICAL SCHEDULES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
ES-001 ELECTRICAL SITE COVER SHEET 2 10/07/2024 10/08/2024 100% DD (10/07/24)
ES-100 ELECTRICAL SITE POWER BASEMENT PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
ES-101 ELECTRICAL SITE PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Fire Protection
FP-001 FIRE PROTECTION COVER SHEET 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-101A FIRE PROTECTION FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-101B FIRE PROTECTION FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-101C FIRE PROTECTION FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-102A FIRE PROTECTION SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-102B FIRE PROTECTION SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-102C FIRE PROTECTION SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-103A FIRE PROTECTION THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-103B FIRE PROTECTION THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-103C FIRE PROTECTION THIRD FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-104A FIRE PROTECTION ROOF LEVEL PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-104B FIRE PROTECTION ROOF LEVEL PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-401 FIRE PROTECTION ENLARGED PLANS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-501 FIRE PROTECTION RISER DIAGRAMS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
FP-601 FIRE PROTECTION DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
General
G-001 SHEET INDEX 0 10/07/2024 10/08/2024 100% DD (10/07/24)
G-100 ZONING / CODE ANALYSIS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
G-101 BASEMENT / LEVEL 1 LIFE SAFETY PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
G-102 LEVEL 2 LIFE SAFETY PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
G-103 LEVEL 3 LIFE SAFETY PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
G-110 ALTERNATIVE COMPLIANCE PATH 2 10/07/2024 10/08/2024 100% DD (10/07/24)
G-111 LEED CHECKLIST 0 10/07/2024 10/08/2024 100% DD (10/07/24)
G-200 PLAN TO PROGRAM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
G-210 GROSS FLOOR AREA EXHIBIT 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Kitchen / Food Service
K-101 KITCHEN EQUIPMENT PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 6 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
K-102 KITCHEN BC & VENT PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-103 KITCHEN BC DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-104 KITCHEN PLUMBING RI PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-105 KITCHEN PLUMBING DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-106 KITCHEN ELECTICAL RI PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-107 KITCHEN ELECTRICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-502 KITCHEN EXHAUST CANOPY DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
K-503 KITCHEN EXHAUST CANOPY WIRING DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
Landscape
L-100 LANDSCAPE SITE PLAN 0 10/07/2024 10/08/2024 100% DD (10/07/24)
L-100BW LANDSCAPE SITE PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-110 SECTION PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-120 SECTION 1: MAIN ENTRY & SIDE ENTRY & OUTDOOR CLASSROOM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-130 SECTION 2: ECE PLAYGROUND & TRAFFIC GARDEN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-140 SECTIONS: 5-12 PLAYGROUND 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-150 SECTION 4: PARKING & BIORETENTION 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-200 ADVANCED TREE PROTECTION PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-201 TREE PROTECTION NOTES & EXISTING TREE INVENTORY 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-210 FENCING PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-220 CIRCULATION PLAN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-400 PLANTING PLAN - SITE 0 10/07/2024 10/08/2024 100% DD (10/07/24)
L-401 PLANT SCHEDULE - SITE 0 10/07/2024 10/08/2024 100% DD (10/07/24)
L-402 PLANTING PLAN & PLANT SCHEDULE - BIORETENTION 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-500 MATERIALS & DETAILS: 5-12 PLAYGROUND 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-510 MATERIALS & DETAILS: ECE PLAYGROUND & TRAFFIC GARDEN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-511 MATERIALS & DETAILS: ECE PLAYGROUND & TRAFFIC GARDEN 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-520 MATERIALS & DETAILS: OUTDOOR CLASSROOM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-530 MATERIALS & DETAILS: SURFACE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-540 MATERIALS & DETAILS: FENCE & GATE DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-550 MATERIALS & DETAILS: SITE FURNISHINGS & SPORTS EQUIPMENT 1 10/07/2024 10/08/2024 100% DD (10/07/24)
L-570 MATERIALS SCHEDULE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
Mechanical
M001 MECHANICAL COVER SHEET 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M100 MECHANICAL DUCTWORK PLAN - BASEMENT LEVEL 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M101A MECHANICAL DUCTWORK PLAN - 1ST LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M101B MECHANICAL DUCTWORK PLAN - 1ST LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M101C MECHANICAL DUCTWORK PLAN - 1ST LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M102A MECHANICAL DUCTWORK PLAN - 2ND LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 7 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
M102B MECHANICAL DUCTWORK PLAN - 2ND LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M102C MECHANICAL DUCTWORK PLAN - 2ND LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M103A MECHANICAL DUCTWORK PLAN - 3RD LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M103B MECHANICAL DUCTWORK PLAN - 3RD LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M104A MECHANICAL DUCTWORK PLAN - ROOF LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M200 MECHANICAL PIPING PLAN / BASEMENT LEVEL 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M201A MECHANICAL PIPING PLAN - 1ST LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M201B MECHANICAL PIPING PLAN - 1ST LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M201C MECHANICAL PIPING PLAN - 1ST LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M202A MECHANICAL PIPING PLAN - 2ND LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M202B MECHANICAL PIPING PLAN - 2ND LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M202C MECHANICAL PIPING PLAN - 2ND LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M203A MECHANICAL PIPING PLAN - 3RD LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M203B MECHANICAL PIPING PLAN - 3RD LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M204A MECHANICAL PIPING PLAN - ROOF LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M601 MECHANICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M602 MECHANICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M603 MECHANICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M604 MECHANICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M701 MECHANICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M702 MECHANICAL SCHEDULES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M703 MECHANICAL SCHEDULES 0 10/07/2024 10/08/2024 100% DD (10/07/24)
M801 MECHANICAL CONTROLS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
M802 MECHANICAL CONTROLS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
M803 MECHANICAL CONTROLS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
M804 MECHANICAL CONTROLS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
M901 MECHANICAL CALCULATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M902 MECHANICAL CALCULATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
M903 MECHANICAL CALCULATIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MS-001 MECHANICAL SITE COVER SHEET 2 10/07/2024 10/08/2024 100% DD (10/07/24)
MS-101 MECHANICAL SITE PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
MS-501 MECHANICAL SITE PIPING DIAGRAM 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Plumbing
P001 PLUMBING COVER SHEET 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P101A DOMESTIC WATER AND GAS PLAN - 1ST LEVEL - AREA A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P101B DOMESTIC WATER AND GAS PLAN - 1ST LEVEL - AREA B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P101C DOMESTIC WATER AND GAS PLAN - 1ST LEVEL - AREA C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P102A DOMESTIC WATER AND GAS PLAN - 2ND LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 8 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
P102B DOMESTIC WATER AND GAS PLAN - 2ND LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P102C DOMESTIC WATER AND GAS PLAN - 2ND LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P103A DOMESTIC WATER AND GAS PLAN - 3RD LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P103B DOMESTIC WATER AND GAS PLAN - 3RD LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P103C DOMESTIC WATER AND GAS PLAN - 3RD LEVEL - PART C 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P104A DOMESTIC WATER AND GAS PLAN - ROOF LEVEL - PART A 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P200A SANITARY AND VENT PLAN - BASEMENT LEVEL - AREA A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P200B SANITARY AND VENT PLAN - BASEMENT LEVEL - AREA B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P200C SANITARY AND VENT PLAN - BASEMENT LEVEL - AREA C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P201A SANITARY AND VENT PLAN - 1ST LEVEL - AREA A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P201B SANITARY AND VENT PLAN - 1ST LEVEL - AREA B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P201C SANITARY AND VENT PLAN - 1ST LEVEL - AREA C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P202A SANITARY AND VENT PLAN - 2ND LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P202B SANITARY AND VENT PLAN - 2ND LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P202C SANITARY AND VENT PLAN - 2ND LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P203A SANITARY AND VENT PLAN - 3RD LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P203B SANITARY AND VENT PLAN - 3RD LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P203C SANITARY AND VENT PLAN - 3RD LEVEL - PART C 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P204A SANITARY AND VENT PLAN - ROOF LEVEL - PART A 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P204B SANITARY AND VENT PLAN - ROOF LEVEL - PART B 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P300A STORM AND CONDENSATE PLAN - BASEMENT LEVEL - AREA A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P300B STORM AND CONDENSATE PLAN - BASEMENT LEVEL - AREA B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P300C STORM AND CONDENSATE PLAN - BASEMENT LEVEL - AREA C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P301A STORM AND CONDENSATE PLAN - 1ST LEVEL - AREA A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P301B STORM AND CONDENSATE PLAN - 1ST LEVEL - AREA B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P301C STORM AND CONDENSATE PLAN - 1ST LEVEL - AREA C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P302A STORM AND CONDENSATE PLAN - 2ND LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P302B STORM AND CONDENSATE PLAN - 2ND LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P302C STORM AND CONDENSATE PLAN - 2ND LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P303A STORM AND CONDENSATE PLAN - 3RD LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P303B STORM AND CONDENSATE PLAN - 3RD LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P303C STORM AND CONDENSATE PLAN - 3RD (ROOF) LEVEL - AREA C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P304A STORM AND CONDENSATE PLAN - ROOF LEVEL - AREA A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P304B STORM AND CONDENSATE PLAN - ROOF LEVEL - AREA B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
P401 PLUMBING ENLARGED PLANS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P501 DOMESTIC WATER RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P502 SANITARY AND VENT RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P503 STORM AND CONDENSATE RISER DIAGRAM 0 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 9 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
P601 PLUMBING DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
P602 PLUMBING DETAILS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
P701 PLUMBING SCHEDULES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Structural
S-001 GENERAL NOTES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-002 GENERAL NOTES 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-003 STATEMENT OF SPECIAL INSPECTIONS FORM 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-004 LOAD PLANS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-100C FOUNDATION AND BASEMENT FRAMING PLAN 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-101A FOUNDATION AND FIRST FLOOR FRAMING PLAN - PART A 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-101B FOUNDATION AND FIRST FLOOR FRAMING PLAN - PART B 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-101C FOUNDATION AND FIRST FLOOR FRAMING PLAN - PART C 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-102A SECOND FLOOR FRAMING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-102B SECOND FLOOR FRAMING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-102C SECOND FLOOR FRAMING PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-103A THIRD FLOOR FRAMING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-103B THIRD FLOOR FRAMING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-103C THIRD FLOOR FRAMING PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-104A ROOF FRAMING PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-104B ROOF FRAMING PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-201 TYPICAL DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-202 TYPICAL DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-203 TYPICAL DETAILS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-204 TYPICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-205 TYPICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-206 TYPICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-207 TYPICAL DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-301 SECTIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-302 SECTIONS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
S-311 SECTIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-321 SECTIONS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
S-322 SECTIONS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
S-401 ELEVATIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-402 ELEVATIONS 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-403 JOIST LOADING DIAGRAMS 0 10/07/2024 10/08/2024 100% DD (10/07/24)
S-501 COLUMN SCHEDULE 2 10/07/2024 10/08/2024 100% DD (10/07/24)
S-502 COLUMN SCHEDULE 2 10/07/2024 10/08/2024 100% DD (10/07/24)
Schedule INTERIOR FINISH SCHEDULE 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 10 of 11
Drawing No. Drawing Title Revision Drawing Date Received Date Set
Telecommunications
T-001 TECHNOLOGY GENERAL NOTES 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-110C TECHNOLOGY BASEMENT FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-111A TECHNOLOGY FIRST FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-111B TECHNOLOGY FIRST FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-111C TECHNOLOGY FIRST FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-112A TECHNOLOGY SECOND FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-112B TECHNOLOGY SECOND FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-112C TECHNOLOGY SECOND FLOOR PLAN - PART C 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-113A TECHNOLOGY THIRD FLOOR PLAN - PART A 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-113B TECHNOLOGY THIRD FLOOR PLAN - PART B 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-901 TECHNOLOGY FACEPLATE DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-902 TECHNOLOGY PATHWAY DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-903 TELECOM ROOM AND RACK DETAILS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-904 INTERCOM AND MASTER CLOCK SYSTEM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-905 ACCESS CONTROL AND INTRUSION DETECTION SYSTEMS 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-906 CCTV SYSTEM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-907 GYMNASIUM AV SYSTEM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
T-908 CAFETERIA SOUND SYSTEM 1 10/07/2024 10/08/2024 100% DD (10/07/24)
MCN Build
Printed on Thu Nov 14, 2024 at 10:42 am EST
Job #: 01-23015-00 Tubman ES Modernization
3101 13th Street NW
Washington, District of Columbia 20010
Page 11 of 11
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

BUILD= xier =a
‘SUSTAIN eae)
EXHIBIT B
Listof Unit Priceand Allowances
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
Area (s.f.): 175,000
Estimator(s): MJB, WS Engineer: Various
Quantity Unit Unit Cost Total
1 Lump Sum $200,000.00 $200000.00
1 Lump Sum $500,000.00 $500000.00
1 Lump Sum $500,000.00 $500000.00
1 Lump Sum $650,000.00 $650000.00
1 Lump Sum $3,000,000.00 $3000000.00
1 Lump Sum $125,000.00 $125000.00
4,975,000.00 TOTAL
ALLOWANCES
OWNERS ALLOWANCE (Not Specified in RFP)
Washington Gas
PEPCO - Electricity
Design-&-Construction funds for supplimental work: Solar
Panels; OCTO & Telecom infrastructure; DCPS changes…
Unforesceen Construction Cost for Tarrifs (Capital Funding)
Dept of General Services - DC
Tubman Elementary School
3101 13th Street, NW DC 20010
Rev.:
ALLOWANCES
Architect: Perkins Eastman DC
ALLOWANCS per RFP
Utility Connections in Public Streets; Landscaping; Fencing;
Sidewalks; and Street Paving
Date: 06/20/25
• 1214 28th Street NW, Washington, DC, 20007 - 202.333.3424 - Fax 202.333.3425
Code and Third Pary Inspections (DGS awarded Venders)
Public Art (DGS awarded Artwork)
Utility Consumption during Construction
PEPCO - Electricity
DC Water - Water and Sewer
Public Space Improvements
DC Water - Water and Sewer
Utility Connections - Cut and Cap
Building Permit Allowance 1 Lump Sum $900,000 Paid in ESA1 and ESA 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

*
BUILD= xier =a
‘SUSTAIN eae)
EXHIBIT C
Assumptions and Clarifications
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
TUBMAN ELEMENTARY SCHOOL
RENOVATION & ADDITION
3101 13 TH STREET NW
WASHINGTON , DC 20010
APRIL 3, 2025
APRIL 3, 2025 A SSUMPTIONS AND CLARIFICATIONS – PAGE 1 of 4 MCN BUILD , INC .
ASSUMPTIONS AND CLARIFICATIONS

The Assumptions and Clarifications is a written exp lanation clarifying the assumptions and exclusions
used in establishing the Tubman ES Guaranteed Maxim um Price. This proposal is based on the 100%
Design Development documents produced by Perkins Eastman and dated October 7 th , 2024.

The Project is located at 3101 13th Street NW, Wash ington, DC 20010 and consists of a new ground-up
construction. The approximate square footage of the new construction is 108,000 square feet and
includes site improvements.

ALTERNATES
Alternates are amounts not included in the estimate cost of Work for a particular system or scope of
work. All alternates listed include insurance, subguard, contingencies, and fee percentages.

• No Alternates

ASSUMPTIONS AND CLARIFICATIONS
Please note the following assumptions and clarifications:

GENERAL

1. This GMP includes individual trade permits.
2. This GMP does not include delays caused by permitti ng agencies or utility companies (DCRA,
DC Water, Washington Gas, Verizon, AT&T, Comcast, P epco, etc.). Delays caused by the
negligence of the General Contractor are the responsibility of MCN Build, Inc.
3. This GMP includes interim cleaning and required dumpsters.
4. This GMP includes trade specific inspections only. MCN is not responsible for costs associated
with independent testing or 3rd party inspections services.
5. Sales tax on materials in place has been excluded; this is a tax-exempt project. MCN must be
in receipt of the DCPS’ tax-exempt documentation an d numbers. Should DCPS’ tax-exempt
status be revoked or denied in any way MCN will be entitled to bill for sales tax as a change
order.
6. This GMP assumes utility hook-up and consumption co sts after substantial completion of
construction is by Owner.
7. This GMP assumes Owner shall be responsible for utilities (i.e. Verizon, Xfinity, etc.).
8. This GMP does not include site Improvements beyond those specifically identified in the
Contract Documents.
9. This GMP does not include impacts to construction o perations due to Federal and/or local
agency road closures.
10. This GMP does not include Builder’s Risk Insurance.
11. Force Majeure language is specifically excluded. W e do not include delays caused by DGS,
DCPS, or any related entities. We do not include atypical weather delays.
12. Clarifications noted in this Basis of Proposal are intended to supplement the contract
documents and clarify our understanding of any conf licting and / or incomplete items. The
clarifications and assumptions herein take precedence over all contract documents.
13. The following items are not included in this Proposal:
a. Builder’s Risk insurance and deductibles;
b. Utility company fees and charges for installation ( gas, water, sewer, electric, cable,
data/telecommunications);

TUBMAN ELEMENTARY SCHOOL
RENOVATION & ADDITION
3101 13 TH STREET NW
WASHINGTON , DC 20010
APRIL 3, 2025
APRIL 3, 2025 A SSUMPTIONS AND CLARIFICATIONS – PAGE 2 of 4 MCN BUILD , INC .
SCHEDULE

1. This GMP includes typical weather delays consistent with historical data for this region. The
timeframe figured was from start of the site work t o the installation of the building roofing
system. No weather impacts have been accounted for after the building roof is installed.
Also, if there is a weather event that affects the following day, this day may be considered a
partial or full lost day. Any atypical weather eve nts that create additional delays to the
project are not included in the baseline schedule.
2. MCN Build has based the substantial completion of t his project on several milestones in the
contract schedule including GMP acceptance and perm it approvals. MCN Build will provide an
updated, bi-weekly baseline schedule including revised milestones. In addition, MCN Build will
provide ample notification of potential delays to t he project. Delays that are clearly identified
and discussed, but are not remedied, will cause pot ential delays to the project. If these
delays are not caused by the negligence of the MCN Build, additional time will be needed to
complete the Project.
3. This GMP includes pricing based on normal hours with no interruptions.
4. MCN Build has based the schedule on the following d ates being met by the local authorities
and various utilities companies. If these activitie s are not completed on the dates shown, this
will result in the current date of substantial completion getting extended accordingly.
a. Issue Building Permit: To be discussed
b. GMP Approval: 06/30/2025
5. Schedule is dependent on timely review and approval of submittals required by contract.
(Schedule is based on no more than a 10 calendar da y review including delivery and
shipping).

DEMOLITION

1. Complete raze of existing building and structure as identified using existing documents.

SITE

1. Relining, strengthening, or repair of existing p ublic sanitary and storm water piping whether as a
result of discovery or new construction is not included.
2. Site hardscapes are included and based on the fo llowing qualifications, under coordination:
• Seat wall maximum thickness of 24”.
• Brick wall footing is 24” by 9”.
• Site wall maximum thickness of 14”.
• Footings for seat walls are at 20” by 6”.
3. The GMP includes a 48-inch high brick wall featu ring brick on both sides, specified as Brick Type
1.
4. Concrete walls and ornamental fencing around the field are existing to remain. New concrete
walls and/or fences around the field are excluded.
5. Treatment of any kind of contaminated soil is no t included. In accordance with geotechnical report
prepared by ECS.
6. Sheeting, shoring and underpinning based on the information received are not required, therefore
not included.
7. Permanent dewatering is not anticipated for this project. Temporary dewatering during the
construction phase has been included.

SUPERSTRUCTURE
TUBMAN ELEMENTARY SCHOOL
RENOVATION & ADDITION
3101 13 TH STREET NW
WASHINGTON , DC 20010
APRIL 3, 2025
APRIL 3, 2025 A SSUMPTIONS AND CLARIFICATIONS – PAGE 3 of 4 MCN BUILD , INC .

1. The new building foundation system includes shallow footings as currently designed by Yun
Associates. No deep foundation system is required or included.

EXTERIOR SKIN

1. Included is an 80-mil PVC membrane roofing with 60- mil flashing system. A 20-year
watertightness warranty and a 5-year workmanship warranty is included.
2. Metal panel rainscreen is included as ACM metal pan els per the approved VE option and updated
plans and specs. Standard colors are included only.
3. The louvered roof screen included in this proposal is a single skin metal panel, flush panel 12”,
with a 20-year finish warranty and a 5-year workman ship warranty. Per the approved VE option
and updated plans and specs
4. All aluminum-framed entrances and curtainwalls are included as Oldcastle Building Envelope
systems.
5. Horizontal sunshades are included as Oldcastle Buil ding Envelope to match finish of new
storefront.
6. School guard glass is included at all first-floor g lazing assemblies only. School guard glass is not
included inside the courtyard.
7. Spec section 08 80 00, Section 2.1/G/1/b states that the interior glazing for classrooms should be
laminated and is excluded. Plans show ¼” clear full y tempered glass which is included in the
GMP.
8. The solar fins at windows are included and will be constructed of aluminum extrusion/aluminum
plate sub framing/support at structure to be 0.125 aluminum plate painted.
9. Polycarbonate sunshades fins are included in this p roposal to be DanPals AURA system per the
approved VE option.
10. Brick types 1 & 2 were used on the building's façad e. (FB 01: Belden Ashberry Velour Modular
Size & FB 02: Belden Durango Smooth Modular Size).

INTERIOR CONSTRUCTION

1. The GMP includes the manufacturer standard warranty and a non-insulated overhead door.
2. Rubber tile sizes are not specified on the documents. Sizes are assumed as 19.6” by 19.6”.
3. PFT-2 Floor tile at large restrooms, PFT-1 at singl e-user Restrooms, and CWT-1 wall tile are
included per the Elevations.
4. Interior doors excludes any STC ratings.
5. SL-14. Special Lite Doors and Frames (2 x 6 Thermal Break):
a. 100C-1, 100B-1, and Court 3: Transom Frame and Pair of FG Doors.
b. 100A-1, D-101-1, Court 1. 100A-1 and D101-1 Pair of FG doors. Court 1 single FG door.
c. Court 2: Transom frame and 4070 FG Door.
6. SL-17, Special Lite Doors and Frame (2 x 6 Thermal Break):
a. ST-C1-2, ST-B1-2, ST-A1-2: Three sided frames and pair of NL doors.
b. D-102I-1: 3-sided frame and a 4070 Flush Door.
c. ST-A3-1: 3-sided frame and a 3072 Flush Door.
d. ST-A3-1: Priced as fire rated.
7. Signage is included based on a selection from the f ull range of manufacturers' standard colors
and finishes. Standard colors to include Matthews P aint System. Pantone (PMS), Sherwin
Williams, or Benjamin Moore colors in Satin or Matte finish.
8. At the gymnasium, AFRG42 is the recommended backboa rd that is 72” wide by 42” and included
in the GMP.
9. At the gymnasium, control system is included for all electric gym equipment.
TUBMAN ELEMENTARY SCHOOL
RENOVATION & ADDITION
3101 13 TH STREET NW
WASHINGTON , DC 20010
APRIL 3, 2025
APRIL 3, 2025 A SSUMPTIONS AND CLARIFICATIONS – PAGE 4 of 4 MCN BUILD , INC .
10. The GMP includes furniture package in accordance wi th PEDC 100% DD Documents and SBE
Concepts LLC proposal dated 10/16/2024.

CONVEYING SYSTEM

1. A single MRL Elevator with a 3,500lbs capacity.

FIRE SUPPRESSION SYSTEM

1. Fire pump for the purpose of pressurizing the standpipe(s) is excluded.
2. Dry sprinkler system is not required and therefore excluded.

PLUMBING

1. Manual plumbing fixtures are included in the GMP .
2. The GMP includes install only of the Natural Gas Booster pump. Existing gas booster pump will
be reused.
3. Heat tracing is excluded.

MECHANICAL

1. The GMP includes atmos air polarized filtration+ ca rbon filters to achieve the IAQP OA reduction
and comply with LEEDv4.

ELECTRICAL

1. PEPCO temporary service of 1600A including enclosur e and associated equipment per approved
SFD work is included.
2. General lighting and power wiring included as metal clad (MC) cable in concealed areas. Wiring at
exposed areas and electrical closets only will be in EMT.
3. Distribution equipment and associated feeders per p anel schedules and electrical one-liner. Note
that Panel AIC is reduced to 65K per the provided COS letter.
4. Conductors exceeding 60amps are assumed Aluminum wi ring. Installed using MC feeders or PVC
as required.
5. Standard Arc flash /Coordination study.
6. Standard Neta Testing.
7. Provide and install Empty PV raceways as shown for Net Zero.
8. Furnish and install ground counterpoise.
9. Lighting controls installed as shown on the 100% DD Electrical Plans.
10. Type ‘Q’ stage lighting at the Gym stage is include d, along with AV raceways and lighting
controls.
11. Theatrical lighting is excluded. None assumed required.
12. Fire Alarm included using standard FA MC cable.
13. Distributed Antenna System (DAS) included for First Responder only. We exclude DAS cellular re-
enforcement.
14. Standard warranty provided on all equipment.
15. Excluding any additional fire alarm devices following AHJ reviews.

* END OF BASIS OF ESTIMATE *
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
BUILD= xMAINTAIN =a
SUSTAIN —
* +

EXHIBIT D
GMP SummarySheet
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
BWMcn DepartmentofGeneralServices-DCLite ce ‘TubmanElementarySchooluation ‘310113thStreet,NW_DC20010
Dew72004 woes scoev6257025 eb WW
GMP
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
BUILD= xMAINTAIN =a
SUSTAIN —
EXHIBIT E
ProjectSchedule
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
TUBMAN-2501 TUBMAN SCHEDULE UPDATE 013125 TUBMAN-2501 TUBMAN SCHEDULE UPDATE 013125 13-Sep-24 A 15-Mar-27 14.21% 598 513 MCN 5D WITH HOLS REV
TUBMAN-2501.1 MILESTONES TUBMAN-2501.1 MILESTONES 13-Aug-25 15-Mar-27 0% 400 400 MCN 5D WITH HOLS REV
MILE1022 SUPERSTRUCTURE COMPLETE 13-Aug-25 0% 0 0 MCN 5D WITH HOLS REV
MILE1026 PERMANENT POWER 12-Mar-26 0% 0 0 MCN 5D WITH HOLS REV
MILE1024 BUILDING DRY 12-Mar-26 0% 0 0 MCN 5D WITH HOLS REV
MILE1028 MEP SYSTEMS OPERATIONAL 22-Apr-26 0% 0 0 MCN 5D WITH HOLS REV
MILE1030 TUBMAN MODERNIZATION - SUBSTANTIAL COMPLETION 15-Jul-26* 0% 0 0 MCN 5D WITH HOLS REV
MILE1050 TUBMAN MODERNIZATION - FINAL COMPLETION 15-Jan-27* 0% 0 0 MCN 5D WITH HOLS REV
MILE1060 TUBMAN - ADMINISTRATIVE COMPLETION DATE 15-Mar-27* 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.3 PRECONSTRUCTION TUBMAN-2501.3 PRECONSTRUCTION 13-Sep-24 A 13-Apr-26 23.29% 365 280 MCN 5D WITH HOLS REV
TUBMAN-2501.3.1 DESIGN TUBMAN-2501.3.1 DESIGN 22-Oct-24 A 14-Feb-25 A 100% 79 0 MCN 5D WITH HOLS REV
TUBMAN-2501.3.1.1 DESIGN SUBMISSION TUBMAN-2501.3.1.1 DESIGN SUBMISSION 22-Oct-24 A 14-Feb-25 A 100% 79 0 MCN 5D WITH HOLS REV
ADMIN1290 DEVELOP CONSTRUCTION SET 22-Oct-24 A 14-Feb-25 A 100% 79 0 MCN 5D WITH HOLS REV
TUBMAN-2501.3.2 GMP / DELIVERABLES TUBMAN-2501.3.2 GMP / DELIVERABLES 18-Nov-24 A 16-Apr-25 46.43% 56 30 MCN 5D WITH HOLS REV
ADMIN2075 GMP RELEASE 18-Nov-24 A 28-Feb-25 A 100% 56 0 MCN 5D WITH HOLS REV
ADMIN2080 RECONCILE CONSTRUCTION SET TO GMP 06-Mar-25 16-Apr-25 0% 30 30 MCN 5D WITH HOLS REV
TUBMAN-2501.3.3 PERMITTING TUBMAN-2501.3.3 PERMITTING 13-Sep-24 A 28-Jul-25 45.7% 186 101 MCN 5D WITH HOLS REV
ADMIN3010 PROCURE DEMOLITION PERMIT 13-Sep-24 A 17-Feb-25 A 100% 70 0 MCN 5D WITH HOLS REV
ADMIN3030 PROCURE FTG/UTILITY PERMIT 16-Sep-24 A 10-Apr-25 35% 40 26 MCN 5D WITH HOLS REV
ADMIN3040 PROCURE BUILDING PERMIT 11-Apr-25 27-Jun-25 0% 55 55 MCN 5D WITH HOLS REV
ADMIN3050 PROCURE DC WATER PERMIT 30-Jun-25 28-Jul-25 0% 20 20 MCN 5D WITH HOLS REV
TUBMAN-2501.3.4 PROCUREMENT TUBMAN-2501.3.4 PROCUREMENT 23-Jan-25 A 13-Apr-26 7.89% 304 280 MCN 5D WITH HOLS REV
TUBMAN-2501.4 CONSTRUCTION TUBMAN-2501.4 CONSTRUCTION 17-Feb-25 A 15-Jul-26 0% 345 345 MCN 5D WITH HOLS REV
TUBMAN-2501.4.7 ABATEMENT / DEMO / STRUCTURAL MODIFICATIONS TUBMAN-2501.4.7 ABATEMENT / DEMO / STRUCTURAL MODIFICATIONS 17-Feb-25 A 01-Apr-25 40.63% 32 19 MCN 5D WITH HOLS REV
RS1020 RAZE BUILDING 17-Feb-25 A 01-Apr-25 40.63% 32 19 MCN 5D WITH HOLS REV
TUBMAN-2501.4.3 EARTHWORK TUBMAN-2501.4.3 EARTHWORK 17-Feb-25 A 06-Mar-25 A 100% 7 0 MCN 5D WITH HOLS REV
SITE1080 MOBILIZE / ESTABLISH SITE CONTROLS / E&S 17-Feb-25 A 25-Feb-25 A 100% 5 0 MCN 5D WITH HOLS REV
SITE1040 EXISTING UTILITIES DISCONNECT 03-Mar-25 A 06-Mar-25 A 100% 7 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.1 UTILITIES TUBMAN-2501.4.1 UTILITIES 03-Apr-25 02-Mar-26 0% 230 230 MCN 5D WITH HOLS REV
SITE1005 OBTAIN PUBLIC SPACE PERMIT 03-Apr-25 29-May-25 0% 40 40 MCN 5D WITH HOLS REV
SITE1010 INSTALL NEW WATERLINES 14-Aug-25 23-Oct-25 0% 50 50 MCN 5D WITH HOLS REV
SITE1030 INSTALL NEW SANITARY OUTFALLS 24-Oct-25 23-Dec-25 0% 40 40 MCN 5D WITH HOLS REV
SITE1060 TAP SANITARY / TIE IN BUILDING SANITARY 24-Dec-25 08-Jan-26 0% 10 10 MCN 5D WITH HOLS REV
SITE1000 INSTALL NEW ELECTRICAL DUCTBANK, TRANSFORMERS, & PEPCO WORK 06-Jan-26 02-Mar-26 0% 40 40 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5 NEW BUILDING TUBMAN-2501.4.5 NEW BUILDING 24-Feb-25 A 06-Jul-26 2.66% 338 329 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.1 STRUCTURE TUBMAN-2501.4.5.1 STRUCTURE 24-Feb-25 A 16-Oct-25 5.7% 158 149 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.1.1 FOUNDA TIONS TUBMAN-2501.4.5.1.1 FOUNDA TIONS 24-Feb-25 A 18-Aug-25 7.76% 116 107 MCN 5D WITH HOLS REV
AS1040 INSTALL LOWER STORM 24-Feb-25 A 06-Mar-25 A 100% 20 0 MCN 5D WITH HOLS REV
AS1050 INSTALL LOWER GEOTHERMAL WELLS 19-Mar-25 10-Apr-25 0% 17 17 MCN 5D WITH HOLS REV
AS1000 INSTALL DEEP FOUNDA TIONS 03-Apr-25 30-Apr-25 0% 20 20 MCN 5D WITH HOLS REV
AS1010 INSTALL REMAINING GEOTHERMAL WELLS 11-Apr-25 18-Aug-25 0% 90 90 MCN 5D WITH HOLS REV
AS1210 INSTALL TRAILER LOWER SECTION 11-Apr-25 11-Apr-25 0% 1 1 MCN 5D WITH HOLS REV
AS1020 FRP GRADE BEAMS, STEPPED FOOTERS & PIERS 01-May-25 14-May-25 0% 10 10 MCN 5D WITH HOLS REV
SITE1220 INSTALL FOUNDA TION DRAINAGE 15-May-25 21-May-25 0% 5 5 MCN 5D WITH HOLS REV
AS1030 INSTALL UG ROUGH INS 15-May-25 23-May-25 0% 7 7 MCN 5D WITH HOLS REV
SITE1240 POUR SOG 27-May-25 29-May-25 0% 3 3 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
15-Mar-27, TUBMAN-2501 TUBMAN SCHEDULE UPDATE 013125
15-Mar-27, TUBMAN-2501.1 MILESTONES
SUPERSTRUCTURE COMPLETE
PERMANENT POWER
BUILDING DRY
MEP SYSTEMS OPERATIONAL
TUBMAN MODERNIZATION - SUBSTANTIAL COMPLETION
TUBMAN MODERNIZATION - FINAL COMPLETION
TUBMAN - ADMINISTRATIVE COMPLETION DATE
13-Apr-26, TUBMAN-2501.3 PRECONSTRUCTION
14-Feb-25 A, TUBMAN-2501.3.1 DESIGN
14-Feb-25 A, TUBMAN-2501.3.1.1 DESIGN SUBMISSION
DEVELOP CONSTRUCTION SET
16-Apr-25, TUBMAN-2501.3.2 GMP / DELIVERABLES
GMP RELEASE
RECONCILE CONSTRUCTION SET TO GMP
28-Jul-25, TUBMAN-2501.3.3 PERMITTING
PROCURE DEMOLITION PERMIT
PROCURE FTG/UTILITY PERMIT
PROCURE BUILDING PERMIT
PROCURE DC WATER PERMIT
13-Apr-26, TUBMAN-2501.3.4 PROCUREMENT
15-Jul-26, TUBMAN-2501.4 CONSTRUCTION
01-Apr-25, TUBMAN-2501.4.7 ABATEMENT / DEMO / STRUCTURAL MODIFICATIONS
RAZE BUILDING
06-Mar-25 A, TUBMAN-2501.4.3 EARTHWORK
MOBILIZE / ESTABLISH SITE CONTROLS / E&S
EXISTING UTILITIES DISCONNECT
02-Mar-26, TUBMAN-2501.4.1 UTILITIES
OBTAIN PUBLIC SPACE PERMIT
INSTALL NEW WATERLINES
INSTALL NEW SANITARY OUTFALLS
TAP SANITARY / TIE IN BUILDING SANITARY
INSTALL NEW ELECTRICAL DUCTBANK, TRANSFORMERS, & PEPCO WORK
06-Jul-26, TUBMAN-2501.4.5 NEW BUILDING
16-Oct-25, TUBMAN-2501.4.5.1 STRUCTURE
18-Aug-25, TUBMAN-2501.4.5.1.1 FOUNDATIONS
INSTALL LOWER STORM
INSTALL LOWER GEOTHERMAL WELLS
INSTALL DEEP FOUNDA TIONS
INSTALL REMAINING GEOTHERMAL WELLS
INSTALL TRAILER LOWER SECTION
FRP GRADE BEAMS, STEPPED FOOTERS & PIERS
INSTALL FOUNDA TION DRAINAGE
INSTALL UG ROUGH INS
POUR SOG
TUBMAN SCHEDULE UPDATE 013125 Update External - Abhi 06-Mar-25 11:20
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary Page 1 of 6 TASK filter: Completed Activities Hidden.
© Oracle Corporation
Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
AS1230 COMPLETE FOUNDATIONS 29-May-25 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.1.4 STEEL STRUCTURE TUBMAN-2501.4.5.1.4 STEEL STRUCTURE 30-May-25 16-Oct-25 0% 98 98 MCN 5D WITH HOLS REV
AS1060 INSTALL STEEL STRUCTURE & DECKING 1ST FLOOR 30-May-25 12-Jun-25 0% 10 10 MCN 5D WITH HOLS REV
AS1070 COMPLETE STEEL DETAILING 1ST FLOOR 13-Jun-25 19-Jun-25 0% 5 5 MCN 5D WITH HOLS REV
AS1080 POUR SOMD 2ND FLOOR 20-Jun-25 24-Jun-25 0% 3 3 MCN 5D WITH HOLS REV
AS1280 INSTALL STEEL STRUCTURE & DECKING 3RD FLOOR 25-Jun-25 09-Jul-25 0% 10 10 MCN 5D WITH HOLS REV
AS1290 COMPLETE STEEL DETAILING 3RD FLOOR 10-Jul-25 16-Jul-25 0% 5 5 MCN 5D WITH HOLS REV
AS1300 POUR SOMD 3RD FLOOR 17-Jul-25 23-Jul-25 0% 5 5 MCN 5D WITH HOLS REV
AS1310 INSTALL STEEL STRUCTURE & DECKING 3RD FLOOR 24-Jul-25 06-Aug-25 0% 10 10 MCN 5D WITH HOLS REV
AS1320 COMPLETE STEEL DETAILING 3RD FLOOR 07-Aug-25 13-Aug-25 0% 5 5 MCN 5D WITH HOLS REV
RS1050 INSTALL STEEL STRUCTURE @ ROOF 14-Aug-25 11-Sep-25 0% 20 20 MCN 5D WITH HOLS REV
RS1070 INSTALL MECHANICAL DUNNAGE / SCREEN WALL STEEL 12-Sep-25 16-Oct-25 0% 25 25 MCN 5D WITH HOLS REV
RS1030 INSTALL STAIRS 12-Sep-25 25-Sep-25 0% 10 10 MCN 5D WITH HOLS REV
RS1040 POUR STAIRS 26-Sep-25 02-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3 ENCLOSURE TUBMAN-2501.4.5.3 ENCLOSURE 14-Aug-25 23-Apr-26 0% 175 175 MCN 5D WITH HOLS REV
AS1180 INSTALL METAL PANEL SKIN 16-Jan-26 12-Mar-26 0% 40 40 MCN 5D WITH HOLS REV
AS1140 INSTALL WINDOWS/CURTAINWALL 16-Jan-26 12-Mar-26 0% 40 40 MCN 5D WITH HOLS REV
AS1160 BUILDING DRY 12-Mar-26 0% 0 0 MCN 5D WITH HOLS REV
AS1190 INSTALL SUN SCREEN 13-Mar-26 23-Apr-26 0% 30 30 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3.1 ENCLOSURE - SOUTH TUBMAN-2501.4.5.3.1 ENCLOSURE - SOUTH 12-Sep-25 06-Nov-25 0% 40 40 MCN 5D WITH HOLS REV
AS1090 FRAME EXTERIOR WALLS - SOUTH 12-Sep-25 25-Sep-25 0% 10 10 MCN 5D WITH HOLS REV
AS1110 SHEATHE EXTERIOR WALLS - SOUTH 26-Sep-25 09-Oct-25 0% 10 10 MCN 5D WITH HOLS REV
AS1150 INSTALL AIR BARRIER - SOUTH 10-Oct-25 16-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
AS1200 INSTALL EXTERIOR FACADE FINISH - SOUTH 17-Oct-25 06-Nov-25 0% 15 15 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3.4 ENCLOSURE - EAST TUBMAN-2501.4.5.3.4 ENCLOSURE - EAST 26-Sep-25 02-Dec-25 0% 45 45 MCN 5D WITH HOLS REV
AS1550 FRAME EXTERIOR WALLS - EAST 26-Sep-25 09-Oct-25 0% 10 10 MCN 5D WITH HOLS REV
AS1555 SHEATHE EXTERIOR WALLS - EAST 10-Oct-25 23-Oct-25 0% 10 10 MCN 5D WITH HOLS REV
AS1560 INSTALL AIR BARRIER - EAST 24-Oct-25 30-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
AS1570 INSTALL EXTERIOR FACADE FINISH - EAST 07-Nov-25 02-Dec-25 0% 15 15 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3.2 ENCLOSURE - WEST TUBMAN-2501.4.5.3.2 ENCLOSURE - WEST 10-Oct-25 23-Dec-25 0% 50 50 MCN 5D WITH HOLS REV
AS1330 FRAME EXTERIOR WALLS - WEST 10-Oct-25 23-Oct-25 0% 10 10 MCN 5D WITH HOLS REV
AS1340 SHEATHE EXTERIOR WALLS - WEST 24-Oct-25 06-Nov-25 0% 10 10 MCN 5D WITH HOLS REV
AS1350 INSTALL AIR BARRIER - WEST 07-Nov-25 14-Nov-25 0% 5 5 MCN 5D WITH HOLS REV
AS1360 INSTALL EXTERIOR FACADE FINISH - WEST 03-Dec-25 23-Dec-25 0% 15 15 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3.3 ENCLOSURE - NORTH TUBMAN-2501.4.5.3.3 ENCLOSURE - NORTH 24-Oct-25 15-Jan-26 0% 55 55 MCN 5D WITH HOLS REV
AS1370 FRAME EXTERIOR WALLS - NORTH 24-Oct-25 06-Nov-25 0% 10 10 MCN 5D WITH HOLS REV
AS1380 SHEATHE EXTERIOR WALLS - NORTH 07-Nov-25 21-Nov-25 0% 10 10 MCN 5D WITH HOLS REV
AS1390 INSTALL AIR BARRIER - NORTH 24-Nov-25 02-Dec-25 0% 5 5 MCN 5D WITH HOLS REV
AS1400 INSTALL EXTERIOR FACADE FINISH - NORTH 24-Dec-25 15-Jan-26 0% 15 15 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.3.9 ROOF TUBMAN-2501.4.5.3.9 ROOF 14-Aug-25 22-Jan-26 0% 110 110 MCN 5D WITH HOLS REV
AS1130 POUR SOMD ROOF 14-Aug-25 27-Aug-25 0% 10 10 MCN 5D WITH HOLS REV
AS1149 INSTALL ROOFING 03-Dec-25 22-Jan-26 0% 35 35 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.2 MECHANICAL WELL / ELECTRICAL ROOMS TUBMAN-2501.4.5.2 MECHANICAL WELL / ELECTRICAL ROOMS 17-Oct-25 19-Feb-26 0% 85 85 MCN 5D WITH HOLS REV
AM1080 SET & INSTALL BACKFLOW PREVENTER 17-Oct-25 23-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
AM1000 1ST FLOOR MAIN ELEC RM - SET SWITCHGEAR & BUILD PANELS 06-Jan-26 09-Feb-26 0% 25 25 MCN 5D WITH HOLS REV
AM1030 SET MECH UNIT CURBS & MAKE PENETRATIONS 23-Jan-26 29-Jan-26 0% 5 5 MCN 5D WITH HOLS REV
AM1050 SET RTUS/CUS & TIE IN TO BUILDING R/I 30-Jan-26 12-Feb-26 0% 10 10 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
COMPLETE FOUNDATIONS
16-Oct-25, TUBMAN-2501.4.5.1.4 STEEL STRUCTURE
INSTALL STEEL STRUCTURE & DECKING 1ST FLOOR
COMPLETE STEEL DETAILING 1ST FLOOR
POUR SOMD 2ND FLOOR
INSTALL STEEL STRUCTURE & DECKING 3RD FLOOR
COMPLETE STEEL DETAILING 3RD FLOOR
POUR SOMD 3RD FLOOR
INSTALL STEEL STRUCTURE & DECKING 3RD FLOOR
COMPLETE STEEL DETAILING 3RD FLOOR
INSTALL STEEL STRUCTURE @ ROOF
INSTALL MECHANICAL DUNNAGE / SCREEN WALL STEEL
INSTALL STAIRS
POUR STAIRS
23-Apr-26, TUBMAN-2501.4.5.3 ENCLOSURE
INSTALL METAL PANEL SKIN
INSTALL WINDOWS/CURTAINWALL
BUILDING DRY
INSTALL SUN SCREEN
06-Nov-25, TUBMAN-2501.4.5.3.1 ENCLOSURE - SOUTH
FRAME EXTERIOR WALLS - SOUTH
SHEATHE EXTERIOR WALLS - SOUTH
INSTALL AIR BARRIER - SOUTH
INSTALL EXTERIOR FACADE FINISH - SOUTH
02-Dec-25, TUBMAN-2501.4.5.3.4 ENCLOSURE - EAST
FRAME EXTERIOR WALLS - EAST
SHEATHE EXTERIOR WALLS - EAST
INSTALL AIR BARRIER - EAST
INSTALL EXTERIOR FACADE FINISH - EAST
23-Dec-25, TUBMAN-2501.4.5.3.2 ENCLOSURE - WEST
FRAME EXTERIOR WALLS - WEST
SHEATHE EXTERIOR WALLS - WEST
INSTALL AIR BARRIER - WEST
INSTALL EXTERIOR FACADE FINISH - WEST
15-Jan-26, TUBMAN-2501.4.5.3.3 ENCLOSURE - NORTH
FRAME EXTERIOR WALLS - NORTH
SHEATHE EXTERIOR WALLS - NORTH
INSTALL AIR BARRIER - NORTH
INSTALL EXTERIOR FACADE FINISH - NORTH
22-Jan-26, TUBMAN-2501.4.5.3.9 ROOF
POUR SOMD ROOF
INSTALL ROOFING
19-Feb-26, TUBMAN-2501.4.5.2 MECHANICAL WELL / ELECTRICAL ROOMS
SET & INSTALL BACKFLOW PREVENTER
1ST FLOOR MAIN ELEC RM - SET SWITCHGEAR & BUILD PANELS
SET MECH UNIT CURBS & MAKE PENETRATIONS
SET RTUS/CUS & TIE IN TO BUILDING R/I
TUBMAN SCHEDULE UPDATE 013125 Update External - Abhi 06-Mar-25 11:20
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary Page 2 of 6 TASK filter: Completed Activities Hidden.
© Oracle Corporation
Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
AM1070 NEW BUILDING POWER DISTRIBUTION COMPLETE 13-Feb-26 19-Feb-26 0% 5 5 MCN 5D WITH HOLS REV
AM1060 RTU/CU STARTUP 13-Feb-26 19-Feb-26 0% 5 5 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4 INTERIORS TUBMAN-2501.4.5.4 INTERIORS 24-Jul-25 06-Jul-26 0% 240 240 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.2 1ST FLOOR TUBMAN-2501.4.5.4.2 1ST FLOOR 24-Jul-25 24-Apr-26 0% 191 191 MCN 5D WITH HOLS REV
B10000 LA YOUT WALLS - NEW BUILDING-1STFL 24-Jul-25 06-Aug-25 0% 10 10 MCN 5D WITH HOLS REV
B10040 ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-1STFL 07-Aug-25 18-Sep-25 0% 30 30 MCN 5D WITH HOLS REV
B10010 FRAME WALLS - NEW BUILDING-1STFL 18-Aug-25 08-Sep-25 0% 15 15 MCN 5D WITH HOLS REV
B10020 ROUGH IN WALLS - MEP - NEW BUILDING-1STFL 21-Aug-25 02-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
B10060 WALL CLOSE IN INSPECTION - NEW BUILDING-1STFL 03-Oct-25 09-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
B10100 HTF DRYWALL - WALLS - NEW BUILDING-1STFL 10-Oct-25 30-Oct-25 0% 15 15 MCN 5D WITH HOLS REV
B10120 PRIME/BASE PAINT - NEW BUILDING-1STFL 31-Oct-25 14-Nov-25 0% 10 10 MCN 5D WITH HOLS REV
B10030 ROUGH IN CEILINGS - HV AC - NEW BUILDING-1STFL 04-Nov-25 18-Dec-25 0% 30 30 MCN 5D WITH HOLS REV
B10050 ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-1STFL 12-Nov-25 26-Dec-25 0% 30 30 MCN 5D WITH HOLS REV
B10140 INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-1STFL 17-Nov-25 09-Dec-25 0% 15 15 MCN 5D WITH HOLS REV
B10150 INSTALL FLOORING - NEW BUILDING-1STFL 10-Dec-25 08-Jan-26 0% 20 20 MCN 5D WITH HOLS REV
B10070 CEILING CLOSE IN INSPECTION - NEW BUILDING-1STFL 26-Dec-25 0% 0 0 MCN 5D WITH HOLS REV
B10080 FRAME CEILINGS - NEW BUILDING-1STFL 29-Dec-25 12-Jan-26 0% 10 10 MCN 5D WITH HOLS REV
B10160 INSTALL MILLWORK - NEW BUILDING-1STFL 09-Jan-26 05-Feb-26 0% 20 20 MCN 5D WITH HOLS REV
B10090 HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-1STFL 23-Jan-26 19-Feb-26 0% 20 20 MCN 5D WITH HOLS REV
B10170 FINAL / TOUCH UP PAINT - NEW BUILDING-1STFL 06-Feb-26 12-Feb-26 0% 5 5 MCN 5D WITH HOLS REV
B10125 MEP TRIM OUT 13-Feb-26 12-Mar-26 0% 20 20 MCN 5D WITH HOLS REV
B10180 HANG DOORS / INSTALL HARDWARE - NEW BUILDING-1STFL 13-Feb-26 26-Feb-26 0% 10 10 MCN 5D WITH HOLS REV
B10110 SET ACT GRID - NEW BUILDING-1STFL 20-Feb-26 12-Mar-26 0% 15 15 MCN 5D WITH HOLS REV
B10130 DROP CEILING TILE - NEW BUILDING-1STFL 13-Mar-26 19-Mar-26 0% 5 5 MCN 5D WITH HOLS REV
B10185 INSTALL FF&E 14-Apr-26 24-Apr-26 0% 9 9 MCN 5D WITH HOLS REV
B10190 FIRST FLOOR COMPLETE - NEW BUILDING-1STFL 24-Apr-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.2.5 GYM TUBMAN-2501.4.5.4.2.5 GYM 07-Aug-25 20-Apr-26 0% 177 177 MCN 5D WITH HOLS REV
AG1000 LA YOUT WALLS - NEW BUILDING-GYM 07-Aug-25 13-Aug-25 0% 5 5 MCN 5D WITH HOLS REV
AG1010 FRAME WALLS - NEW BUILDING-GYM 18-Aug-25 08-Sep-25 0% 15 15 MCN 5D WITH HOLS REV
AG1040 ROUGH IN WALLS - ELEC/FA - NEW BUILDING-GYM 03-Sep-25 14-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
AG1030 ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-GYM 05-Sep-25 16-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
AG1060 WALL CLOSE IN INSPECTION - NEW BUILDING-GYM 14-Oct-25 0% 0 0 MCN 5D WITH HOLS REV
AG1080 HTF DRYWALL - NEW BUILDING-GYM 15-Oct-25 04-Nov-25 0% 15 15 MCN 5D WITH HOLS REV
AG1020 ROUGH IN CEILINGS - HV AC - NEW BUILDING-GYM 12-Nov-25 26-Dec-25 0% 30 30 MCN 5D WITH HOLS REV
AG1050 ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-GYM 19-Nov-25 05-Jan-26 0% 30 30 MCN 5D WITH HOLS REV
AG1070 CEILING CLOSE IN INSPECTION - NEW BUILDING-GYM 05-Jan-26 0% 0 0 MCN 5D WITH HOLS REV
AG1100 PRIME/BASE PAINT - NEW BUILDING-GYM 06-Jan-26 19-Jan-26 0% 10 10 MCN 5D WITH HOLS REV
AG1120 INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-GYM 20-Jan-26 02-Feb-26 0% 10 10 MCN 5D WITH HOLS REV
AG1140 INSTALL FLOORING - NEW BUILDING-GYM 03-Feb-26 16-Mar-26 0% 30 30 MCN 5D WITH HOLS REV
AG1160 INSTALL GYM EQUIPMENT & ACCESSORIES - NEW BUILDING-GYM 17-Mar-26 30-Mar-26 0% 10 10 MCN 5D WITH HOLS REV
AG1170 INSTALL WALL PADS - NEW BUILDING-GYM 17-Mar-26 30-Mar-26 0% 10 10 MCN 5D WITH HOLS REV
AG1180 FINAL / TOUCH UP PAINT - NEW BUILDING-GYM 31-Mar-26 06-Apr-26 0% 5 5 MCN 5D WITH HOLS REV
AG1175 MEP TRIM OUT 07-Apr-26 20-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
AG1190 HANG DOORS / INSTALL HARDWARE - NEW BUILDING-GYM 07-Apr-26 17-Apr-26 0% 9 9 MCN 5D WITH HOLS REV
AG1200 GYM / CAFETERIA COMPLETE - NEW BUILDING-GYM 20-Apr-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.2.8 KITCHEN TUBMAN-2501.4.5.4.2.8 KITCHEN 07-Aug-25 08-Apr-26 0% 169 169 MCN 5D WITH HOLS REV
AK1000 LA YOUT WALLS - KITCHEN 07-Aug-25 13-Aug-25 0% 5 5 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
NEW BUILDING POWER DISTRIBUTION COMPLETE
RTU/CU STARTUP
06-Jul-26, TUBMAN-2501.4.5.4 INTERIORS
24-Apr-26, TUBMAN-2501.4.5.4.2 1ST FLOOR
LA YOUT WALLS - NEW BUILDING-1STFL
ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-1STFL
FRAME WALLS - NEW BUILDING-1STFL
ROUGH IN WALLS - MEP - NEW BUILDING-1STFL
WALL CLOSE IN INSPECTION - NEW BUILDING-1STFL
HTF DRYWALL - WALLS - NEW BUILDING-1STFL
PRIME/BASE PAINT - NEW BUILDING-1STFL
ROUGH IN CEILINGS - HV AC - NEW BUILDING-1STFL
ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-1STFL
INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-1STFL
INSTALL FLOORING - NEW BUILDING-1STFL
CEILING CLOSE IN INSPECTION - NEW BUILDING-1STFL
FRAME CEILINGS - NEW BUILDING-1STFL
INSTALL MILLWORK - NEW BUILDING-1STFL
HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-1STFL
FINAL / TOUCH UP PAINT - NEW BUILDING-1STFL
MEP TRIM OUT
HANG DOORS / INSTALL HARDWARE - NEW BUILDING-1STFL
SET ACT GRID - NEW BUILDING-1STFL
DROP CEILING TILE - NEW BUILDING-1STFL
INSTALL FF&E
FIRST FLOOR COMPLETE - NEW BUILDING-1STFL
20-Apr-26, TUBMAN-2501.4.5.4.2.5 GYM
LA YOUT WALLS - NEW BUILDING-GYM
FRAME WALLS - NEW BUILDING-GYM
ROUGH IN WALLS - ELEC/FA - NEW BUILDING-GYM
ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-GYM
WALL CLOSE IN INSPECTION - NEW BUILDING-GYM
HTF DRYWALL - NEW BUILDING-GYM
ROUGH IN CEILINGS - HV AC - NEW BUILDING-GYM
ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-GYM
CEILING CLOSE IN INSPECTION - NEW BUILDING-GYM
PRIME/BASE PAINT - NEW BUILDING-GYM
INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-GYM
INSTALL FLOORING - NEW BUILDING-GYM
INSTALL GYM EQUIPMENT & ACCESSORIES - NEW BUILDING-GYM
INSTALL WALL PADS - NEW BUILDING-GYM
FINAL / TOUCH UP PAINT - NEW BUILDING-GYM
MEP TRIM OUT
HANG DOORS / INSTALL HARDWARE - NEW BUILDING-GYM
GYM / CAFETERIA COMPLETE - NEW BUILDING-GYM
08-Apr-26, TUBMAN-2501.4.5.4.2.8 KITCHEN
LA YOUT WALLS - KITCHEN
TUBMAN SCHEDULE UPDATE 013125 Update External - Abhi 06-Mar-25 11:20
Actual Work
Remaining Work
Critical Remaining Work
Milestone
Summary Page 3 of 6 TASK filter: Completed Activities Hidden.
© Oracle Corporation
Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
AK1010 FRAME WALLS - KITCHEN 14-Aug-25 11-Sep-25 0% 20 20 MCN 5D WITH HOLS REV
AK1030 ROUGH IN CEILINGS - ELEC/FA - KITCHEN 14-Aug-25 25-Sep-25 0% 30 30 MCN 5D WITH HOLS REV
AK1020 ROUGH IN CEILINGS - HV AC - KITCHEN 14-Aug-25 25-Sep-25 0% 30 30 MCN 5D WITH HOLS REV
AK1040 ROUGH IN WALLS - ELEC/FA - KITCHEN 19-Aug-25 04-Sep-25 0% 12 12 MCN 5D WITH HOLS REV
AK1050 ROUGH IN CEILINGS - SPRINKLER - KITCHEN 21-Aug-25 02-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
AK1060 WALL CLOSE IN INSPECTION - KITCHEN 04-Sep-25 0% 0 0 MCN 5D WITH HOLS REV
AK1080 HTF DRYWALL - WALLS - KITCHEN 05-Sep-25 25-Sep-25 0% 15 15 MCN 5D WITH HOLS REV
AK1100 PRIME/BASE PAINT - KITCHEN 26-Sep-25 30-Sep-25 0% 3 3 MCN 5D WITH HOLS REV
AK1120 INSTALL GLASS PARTITIONS/GLAZING - KITCHEN 01-Oct-25 07-Oct-25 0% 5 5 MCN 5D WITH HOLS REV
AK1090 FRAME CEILINGS - KITCHEN 03-Oct-25 30-Oct-25 0% 20 20 MCN 5D WITH HOLS REV
AK1140 INSTALL FLOORING - KITCHEN 08-Oct-25 04-Nov-25 0% 20 20 MCN 5D WITH HOLS REV
AK1070 CEILING CLOSE IN INSPECTION - KITCHEN 30-Oct-25 0% 0 0 MCN 5D WITH HOLS REV
AK1110 HTF DRYWALL - HARD CEILINGS & BULKHEADS - KITCHEN 31-Oct-25 14-Nov-25 0% 10 10 MCN 5D WITH HOLS REV
AK1160 INSTALL PLUMBING FIXTURES & ACCESSORIES - KITCHEN 05-Nov-25 12-Nov-25 0% 5 5 MCN 5D WITH HOLS REV
AK1130 SET ACT GRID - KITCHEN 17-Nov-25 21-Nov-25 0% 5 5 MCN 5D WITH HOLS REV
AK1150 DROP CEILING TILE - KITCHEN 24-Nov-25 25-Nov-25 0% 2 2 MCN 5D WITH HOLS REV
AK1170 INSTALL KITCHEN EQUIPMENT / CABENITRY - KITCHEN 03-Mar-26 23-Mar-26 0% 15 15 MCN 5D WITH HOLS REV
AK1180 FINAL / TOUCH UP PAINT - KITCHEN 24-Mar-26 25-Mar-26 0% 2 2 MCN 5D WITH HOLS REV
AK1145 MEP TRIM OUT 26-Mar-26 08-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
AK1190 HANG DOORS / INSTALL HARDWARE - KITCHEN 26-Mar-26 01-Apr-26 0% 5 5 MCN 5D WITH HOLS REV
AK1210 KITCHEN AREA COMPLETE - KITCHEN 08-Apr-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.3 2ND FLOOR TUBMAN-2501.4.5.4.3 2ND FLOOR 07-Aug-25 06-Jul-26 0% 230 230 MCN 5D WITH HOLS REV
B20000 LA YOUT WALLS - NEW BUILDING-2NDFL 07-Aug-25 20-Aug-25 0% 10 10 MCN 5D WITH HOLS REV
B20010 FRAME WALLS - NEW BUILDING-2NDFL 21-Aug-25 11-Sep-25 0% 15 15 MCN 5D WITH HOLS REV
B20020 ROUGH IN WALLS - ELEC/FA - NEW BUILDING-2NDFL 26-Aug-25 07-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
B20040 ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-2NDFL 28-Aug-25 09-Oct-25 0% 30 30 MCN 5D WITH HOLS REV
B20060 WALL CLOSE IN INSPECTION - NEW BUILDING-2NDFL 08-Oct-25 10-Oct-25 0% 3 3 MCN 5D WITH HOLS REV
B20030 ROUGH IN CEILINGS - HV AC - NEW BUILDING-2NDFL 19-Dec-25 16-Feb-26 0% 40 40 MCN 5D WITH HOLS REV
B20050 ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-2NDFL 29-Dec-25 09-Feb-26 0% 30 30 MCN 5D WITH HOLS REV
B20070 CEILING CLOSE IN INSPECTION - NEW BUILDING-2NDFL 17-Feb-26 23-Feb-26 0% 5 5 MCN 5D WITH HOLS REV
B20080 FRAME CEILINGS - NEW BUILDING-2NDFL 24-Feb-26 23-Mar-26 0% 20 20 MCN 5D WITH HOLS REV
B20100 HTF DRYWALL - WALLS - NEW BUILDING-2NDFL 13-Mar-26 02-Apr-26 0% 15 15 MCN 5D WITH HOLS REV
B20090 HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-2NDFL 24-Mar-26 20-Apr-26 0% 20 20 MCN 5D WITH HOLS REV
B20120 PRIME/BASE PAINT - NEW BUILDING-2NDFL 03-Apr-26 16-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
B20140 INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-2NDFL 17-Apr-26 07-May-26 0% 15 15 MCN 5D WITH HOLS REV
B20150 INSTALL FLOORING - NEW BUILDING-2NDFL 17-Apr-26 14-May-26 0% 20 20 MCN 5D WITH HOLS REV
B20110 SET ACT GRID - NEW BUILDING-2NDFL 21-Apr-26 11-May-26 0% 15 15 MCN 5D WITH HOLS REV
B20185 INSTALL FF&E 28-Apr-26 11-May-26 0% 10 10 MCN 5D WITH HOLS REV
B20130 DROP CEILING TILE - NEW BUILDING-2NDFL 12-May-26 18-May-26 0% 5 5 MCN 5D WITH HOLS REV
B20160 INSTALL MILLWORK - NEW BUILDING-2NDFL 15-May-26 12-Jun-26 0% 20 20 MCN 5D WITH HOLS REV
B20170 FINAL / TOUCH UP PAINT - NEW BUILDING-2NDFL 15-Jun-26 19-Jun-26 0% 5 5 MCN 5D WITH HOLS REV
B20125 MEP TRIM OUT 22-Jun-26 06-Jul-26 0% 10 10 MCN 5D WITH HOLS REV
B20180 HANG DOORS / INSTALL HARDWARE - NEW BUILDING-2NDFL 22-Jun-26 06-Jul-26 0% 10 10 MCN 5D WITH HOLS REV
B20190 SECOND FLOOR COMPLETE - NEW BUILDING-2NDFL 06-Jul-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.1 3RD FLOOR TUBMAN-2501.4.5.4.1 3RD FLOOR 28-Aug-25 28-Apr-26 0% 168 168 MCN 5D WITH HOLS REV
B30000 LA YOUT WALLS - NEW BUILDING-3RDFL 28-Aug-25 11-Sep-25 0% 10 10 MCN 5D WITH HOLS REV
B30010 FRAME WALLS - NEW BUILDING-3RDFL 12-Sep-25 02-Oct-25 0% 15 15 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
FRAME WALLS - KITCHEN
ROUGH IN CEILINGS - ELEC/FA - KITCHEN
ROUGH IN CEILINGS - HV AC - KITCHEN
ROUGH IN WALLS - ELEC/FA - KITCHEN
ROUGH IN CEILINGS - SPRINKLER - KITCHEN
WALL CLOSE IN INSPECTION - KITCHEN
HTF DRYWALL - WALLS - KITCHEN
PRIME/BASE PAINT - KITCHEN
INSTALL GLASS PARTITIONS/GLAZING - KITCHEN
FRAME CEILINGS - KITCHEN
INSTALL FLOORING - KITCHEN
CEILING CLOSE IN INSPECTION - KITCHEN
HTF DRYWALL - HARD CEILINGS & BULKHEADS - KITCHEN
INSTALL PLUMBING FIXTURES & ACCESSORIES - KITCHEN
SET ACT GRID - KITCHEN
DROP CEILING TILE - KITCHEN
INSTALL KITCHEN EQUIPMENT / CABENITRY - KITCHEN
FINAL / TOUCH UP PAINT - KITCHEN
MEP TRIM OUT
HANG DOORS / INSTALL HARDWARE - KITCHEN
KITCHEN AREA COMPLETE - KITCHEN
06-Jul-26, TUBMAN-2501.4.5.4.3 2ND FLOOR
LA YOUT WALLS - NEW BUILDING-2NDFL
FRAME WALLS - NEW BUILDING-2NDFL
ROUGH IN WALLS - ELEC/FA - NEW BUILDING-2NDFL
ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-2NDFL
WALL CLOSE IN INSPECTION - NEW BUILDING-2NDFL
ROUGH IN CEILINGS - HV AC - NEW BUILDING-2NDFL
ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-2NDFL
CEILING CLOSE IN INSPECTION - NEW BUILDING-2NDFL
FRAME CEILINGS - NEW BUILDING-2NDFL
HTF DRYWALL - WALLS - NEW BUILDING-2NDFL
HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-2NDFL
PRIME/BASE PAINT - NEW BUILDING-2NDFL
INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-2NDFL
INSTALL FLOORING - NEW BUILDING-2NDFL
SET ACT GRID - NEW BUILDING-2NDFL
INSTALL FF&E
DROP CEILING TILE - NEW BUILDING-2NDFL
INSTALL MILLWORK - NEW BUILDING-2NDFL
FINAL / TOUCH UP PAINT - NEW BUILDING-2NDFL
MEP TRIM OUT
HANG DOORS / INSTALL HARDWARE - NEW BUILDING-2NDFL
SECOND FLOOR COMPLETE - NEW BUILDING-2NDFL
28-Apr-26, TUBMAN-2501.4.5.4.1 3RD FLOOR
LA YOUT WALLS - NEW BUILDING-3RDFL
FRAME WALLS - NEW BUILDING-3RDFL
TUBMAN SCHEDULE UPDATE 013125 Update External - Abhi 06-Mar-25 11:20
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Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
B30020 ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-3RDFL 12-Sep-25 09-Dec-25 0% 60 60 MCN 5D WITH HOLS REV
B30030 ROUGH IN CEILINGS - HV AC - NEW BUILDING-3RDFL 12-Sep-25 09-Dec-25 0% 60 60 MCN 5D WITH HOLS REV
B30040 ROUGH IN WALLS - ELEC/FA - NEW BUILDING-3RDFL 17-Sep-25 26-Nov-25 0% 50 50 MCN 5D WITH HOLS REV
B30050 ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-3RDFL 19-Sep-25 02-Dec-25 0% 50 50 MCN 5D WITH HOLS REV
B30090 WALL CLOSE IN INSPECTION - NEW BUILDING-3RDFL 26-Nov-25 0% 0 0 MCN 5D WITH HOLS REV
B30100 HTF DRYWALL - WALLS - NEW BUILDING-3RDFL 01-Dec-25 19-Dec-25 0% 15 15 MCN 5D WITH HOLS REV
B30080 CEILING CLOSE IN INSPECTION - NEW BUILDING-3RDFL 09-Dec-25 0% 0 0 MCN 5D WITH HOLS REV
B30060 FRAME CEILINGS - NEW BUILDING-3RDFL 10-Dec-25 08-Jan-26 0% 20 20 MCN 5D WITH HOLS REV
B30110 PRIME/BASE PAINT - NEW BUILDING-3RDFL 22-Dec-25 06-Jan-26 0% 10 10 MCN 5D WITH HOLS REV
B30140 INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-3RDFL 07-Jan-26 27-Jan-26 0% 15 15 MCN 5D WITH HOLS REV
B30070 HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-3RDFL 09-Jan-26 05-Feb-26 0% 20 20 MCN 5D WITH HOLS REV
B30150 INSTALL FLOORING - NEW BUILDING-3RDFL 28-Jan-26 24-Feb-26 0% 20 20 MCN 5D WITH HOLS REV
B30120 SET ACT GRID - NEW BUILDING-3RDFL 06-Feb-26 26-Feb-26 0% 15 15 MCN 5D WITH HOLS REV
B30160 INSTALL MILLWORK - NEW BUILDING-3RDFL 25-Feb-26 24-Mar-26 0% 20 20 MCN 5D WITH HOLS REV
B30130 DROP CEILING TILE - NEW BUILDING-3RDFL 27-Feb-26 05-Mar-26 0% 5 5 MCN 5D WITH HOLS REV
B30170 FINAL / TOUCH UP PAINT - NEW BUILDING-3RDFL 25-Mar-26 31-Mar-26 0% 5 5 MCN 5D WITH HOLS REV
B30125 MEP TRIM OUT 01-Apr-26 28-Apr-26 0% 20 20 MCN 5D WITH HOLS REV
B30175 HANG DOORS / INSTALL HARDWARE - NEW BUILDING-3RDFL 01-Apr-26 14-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
B30177 INSTALL FF&E 14-Apr-26 27-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
B30180 THIRD FLOOR COMPLETE - NEW BUILDING-3RDFL 28-Apr-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.4.5.4.4 ELEVA TOR TUBMAN-2501.4.5.4.4 ELEVA TOR 03-Mar-26 11-May-26 0% 50 50 MCN 5D WITH HOLS REV
AS1120 INSTALL ELEVA TOR 03-Mar-26 11-May-26 0% 50 50 MCN 5D WITH HOLS REV
TUBMAN-2501.4.4 HARDSCAPE/LANDSCAPE TUBMAN-2501.4.4 HARDSCAPE/LANDSCAPE 03-Mar-26 15-Jul-26 0% 95 95 MCN 5D WITH HOLS REV
SITE2000 INSTALL SITE RETAINING WALLS 03-Mar-26 30-Mar-26 0% 20 20 MCN 5D WITH HOLS REV
SITE2010 GRADE PARKING & SITE 31-Mar-26 20-Apr-26 0% 15 15 MCN 5D WITH HOLS REV
SITE2020 CURB & GUTTER 21-Apr-26 04-May-26 0% 10 10 MCN 5D WITH HOLS REV
SITE2040 INSTALL HARDSCAPE 05-May-26 02-Jun-26 0% 20 20 MCN 5D WITH HOLS REV
SITE2030 INSTALL SUBBASE FOR ASPHALT 05-May-26 26-May-26 0% 15 15 MCN 5D WITH HOLS REV
SITE2050 ASPHALT PAVING 27-May-26 09-Jun-26 0% 10 10 MCN 5D WITH HOLS REV
SITE2060 INSTALL PLANTINGS 03-Jun-26 15-Jul-26 0% 30 30 MCN 5D WITH HOLS REV
SITE2070 SITEWORK COMPLETE 15-Jul-26 0% 0 0 MCN 5D WITH HOLS REV
TUBMAN-2501.6 CLOSEOUT TUBMAN-2501.6 CLOSEOUT 23-Jan-26 21-Aug-26 0% 149 149 MCN 5D WITH HOLS REV
TUBMAN-2501.6.2 COMPLETION TUBMAN-2501.6.2 COMPLETION 23-Jan-26 21-Aug-26 0% 149 149 MCN 5D WITH HOLS REV
ADMIN4037 ROOF INSPECTION 23-Jan-26 05-Feb-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN3990 O&M SUBMISSION 13-Mar-26 26-Mar-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4035 ENVELOPE COMISSIONING 13-Mar-26 09-Apr-26 0% 20 20 MCN 5D WITH HOLS REV
ADMIN4040 COMMISSION NEW BUILDING 02-Apr-26 11-Jun-26 0% 50 50 MCN 5D WITH HOLS REV
ADMIN4047 DC HEALTH INSPECTION FOR HEALTH SUITE & KITCHEN 09-Apr-26 22-Apr-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4055 CREATE NEW BUILDING PUNCH LIST 28-Apr-26* 04-May-26 0% 5 5 MCN 5D WITH HOLS REV
ADMIN4046 SPRINKLER INSPECTION 29-Apr-26 12-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4045 FIRE ALARM INSPECTION 29-Apr-26 12-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4044 ELECTRICAL INSPECTION 29-Apr-26 12-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4043 MECHANICAL INSPECTION 29-Apr-26 12-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4042 PLUMBING INSPECTION 29-Apr-26 12-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4041 ELEVA TOR INSPECTION 13-May-26 27-May-26 0% 10 10 MCN 5D WITH HOLS REV
ADMIN4060 PUNCH LIST NEW BUILDING 07-Jul-26 15-Jul-26 0% 7 7 MCN 5D WITH HOLS REV
ADMIN4050 FINAL INSPECTIONS NEW BUILDING 07-Jul-26 13-Jul-26 0% 5 5 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
ROUGH IN CEILINGS - ELEC/FA - NEW BUILDING-3RDFL
ROUGH IN CEILINGS - HV AC - NEW BUILDING-3RDFL
ROUGH IN WALLS - ELEC/FA - NEW BUILDING-3RDFL
ROUGH IN CEILINGS - SPRINKLER - NEW BUILDING-3RDFL
WALL CLOSE IN INSPECTION - NEW BUILDING-3RDFL
HTF DRYWALL - WALLS - NEW BUILDING-3RDFL
CEILING CLOSE IN INSPECTION - NEW BUILDING-3RDFL
FRAME CEILINGS - NEW BUILDING-3RDFL
PRIME/BASE PAINT - NEW BUILDING-3RDFL
INSTALL GLASS PARTITIONS/GLAZING - NEW BUILDING-3RDFL
HTF DRYWALL - HARD CEILINGS & BULKHEADS - NEW BUILDING-3RDFL
INSTALL FLOORING - NEW BUILDING-3RDFL
SET ACT GRID - NEW BUILDING-3RDFL
INSTALL MILLWORK - NEW BUILDING-3RDFL
DROP CEILING TILE - NEW BUILDING-3RDFL
FINAL / TOUCH UP PAINT - NEW BUILDING-3RDFL
MEP TRIM OUT
HANG DOORS / INSTALL HARDWARE - NEW BUILDING-3RDFL
INSTALL FF&E
THIRD FLOOR COMPLETE - NEW BUILDING-3RDFL
11-May-26, TUBMAN-2501.4.5.4.4 ELEVATOR
INSTALL ELEVA TOR
15-Jul-26, TUBMAN-2501.4.4 HARDSCAPE/LANDSCAPE
INSTALL SITE RETAINING WALLS
GRADE PARKING & SITE
CURB & GUTTER
INSTALL HARDSCAPE
INSTALL SUBBASE FOR ASPHALT
ASPHALT PAVING
INSTALL PLANTINGS
SITEWORK COMPLETE
21-Aug-26, TUBMAN-2501.6 CLOSEOUT
21-Aug-26, TUBMAN-2501.6.2 COMPLETION
ROOF INSPECTION
O&M SUBMISSION
ENVELOPE COMISSIONING
COMMISSION NEW BUILDING
DC HEALTH INSPECTION FOR HEALTH SUITE & KITCHEN
CREATE NEW BUILDING PUNCH LIST
SPRINKLER INSPECTION
FIRE ALARM INSPECTION
ELECTRICAL INSPECTION
MECHANICAL INSPECTION
PLUMBING INSPECTION
ELEVA TOR INSPECTION
PUNCH LIST NEW BUILDING
FINAL INSPECTIONS NEW BUILDING
TUBMAN SCHEDULE UPDATE 013125 Update External - Abhi 06-Mar-25 11:20
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Activity ID Activity Name Start Finish Duration % Complete Original
Duration
Remaining
Duration
Calendar
ADMIN4070 SUBSTANTIAL COMPLETION 15-Jul-26* 0% 0 0 MCN 5D WITH HOLS REV
ADMIN4080 CERTIFICATE OF OCCUPANCY 31-Jul-26* 0% 0 0 MCN 5D WITH HOLS REV
ADMIN4090 STAFF MOVE-IN 03-Aug-26 21-Aug-26 0% 15 15 MCN 5D WITH HOLS REV
ADMIN4100 STUDENT MOVE-IN 21-Aug-26 0% 0 0 MCN 5D WITH HOLS REV
F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M
2025 2026 2027
SUBSTANTIAL COMPLETION
CERTIFICATE OF OCCUPANCY
STAFF MOVE-IN
STUDENT MOVE-IN
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES
*
BUILD= xier =a
‘SUSTAIN ass
EXHIBIT F
SBE SubcontractingPlan
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]

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: ______________ Contact #: __________ Email address: ________________
Street Address: ____________________________ City/ State/ Zip Code: ____________________________
Company’s point of contact for agency contract, private project, or Sports Wagering Licensee:
Point of Contact: ________________ Title: ________________
Contact #: _____________ Email address: _________________
Street Address: ____________________________________
Section 1B. SOLICITATION/CONTRACT/SPORTS WAGERING APPLICANT INFORMATION
Solicitation /Contract/ApplicantNo.: ________________ Solicitation Due Date: ________________
Agency: _____________ Total Dollar Amount of Contract: _________________
Please select all the applicable subcontracting requirements for this
solicitation:
35% Subcontracting Requirement
50% Subcontracting Requirement
DSLBD approved an adjusted subcontracting requirement:
➢ Adjusted Subcontracting Requirement: ____%
Total Value of ALL CBE Subcontracts: _________________
(Include all lower tiers)
I affirm that the value of all my CBE Subcontracts meets or
exceeds the subcontracting requirement required under this
solicitation or contract. Further, I understand that DSLBD will
only provide credit towards my SBE Subcontracting Requirement
for work whereby a CBE provided a commercially useful function
with its own organization and resources.
I AGREE
I DISAGREE
Section 1C. CBE BENEFICIARY (ONLY COMPLETE IF THE BENEFICIARY IS A CERTIFIED BUSINESS ENTERPRISE)
If the Beneficiary is a Certified Business Enterprise, select all that apply and provide the following information:
I am a CBE that WILL perform 100% of the contracting effort with my own organization and resources and will not subcontract any
portion of the contract. Therefore, I am NOT required to submit an SBE Subcontracting Plan that demonstrates subcontracting.
I am a CBE that WILL NOT perform 100% of the contracting effort with my own organization and resources and will subcontract a
portion of the contract. Therefore, I understand I am required to submit an SBE Subcontracting Plan (located in Section on 2) that
demonstrates that the required subcontracting amount, as indicated above, will go to qualified CBEs.
Please include the percentage of the contract the CBE Prime will perform under the contract or project.
➢ The CBE Prime will self-perform ____% of the contract’s total dollar volume of the contract or project.
Please provide the current CBE Certification Number of the CBE Prime.
➢ CBE Certification No. ______________
MCN Build, Inc. 202-333-3424 info@mcnbuild.com
Washington, DC 200071214 28th St NW
Johnny Seikaly
202-333-3424 johnny.seikaly@mcnbuild.com
Director of Contracts and Compliance
1214 28th St NW Washington, DC 20007
DCAM-23-CS-RFP-0008
DC Department of General Services
4-28-2025
$90,719,383.00
X
X
X
10
LR65116012028
$32,541,700.00
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 20 05, as amended, (D.C. Law 20 -108) (the “Act”), shall be subject to penalties as
outlined in the Act.
PRINT NAME: ____________________________ SIGNATURE: ____________________________
JOB TITLE: ____________________________ DATE: ____________________________
Section 2. SBE/CBE SUBCONTRACTORS (FOR EACH TIER):
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
Johnny Seikaly
Director of Contracts and Compliance 6-12-2025
Perkins Eastman
1 Thomas Cr. NW
Washington, DC 20005 LZR52731062027 $5,130,000.00 Architect/Engineer
Mary Rankin
Principal
202-495-7430
X
mrankin@perkinseastman-dc.com

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
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Innovo Construction, LLC
6230 Georgia Ave NW
Washington, DC 20011 LSD57091012026 $1,981,468.00 Glass & Glazing
Oscar Enchevarria
Owner
240-455-4888
oscar@innovoconstruction.com
X
Washington Door and Hardware LLC
5764 2nd St NE
Washington, DC 20011 LSD22541112027 $1,334,335.00 Door Hardware
Desha Golden
Owner
202-297-5922
desha@washingtondoor.net
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
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Genesys Impact, LLC
1003 K St NW, Suite 600
Washington, DC 20001 LSZ99829092027 $1,667,690.00 Low Voltage
Jad Boustany
Owner
202-403-7048
jad.boustany@genesysimpact.com
X
Admiral Construction and Flooring, LLC
1808 9th St NW
Washington, DC 20001 LSDZRVE52279062025 $1,599,866.00 Flooring
Alexander Nusraty
Owner
202-643-1860
alex@admiraldc.com
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
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
POEX Construction
2412 Minnesota Ave SE
Washington, DC 20020 LSZ39743102026 $2,066,750.00 Roofing
John Yu
Owner
Eunice@poex.com
202-629-2066
X
Forsythe DC, Inc.
2412 Minnesota Ave SE
Washington, DC 20020 LSZ39978082027 $4,888,495.00 Air Barrier & Sprayfoam Insulation
Justin Lovell
Owner
202-579-2573
info@forsythedc.com
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
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Rath Enterprises, Inc.
4910 Massachusettes Ave NW
Washington, DC 20016 LSDV72536112026 $638,500.00 Abatement
Michael Brown
Owner
202-636-7529
mabrown@rathinc.com
X
Strittmatter Metro, LLC
5335 Wisconsin Ave NW
Washington, DC 20015 LS2788012028 $547,574.00 Raze & Abatement
John Strittmatter
Owner
202-269-3200
johnstrittmatter@aol.com
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
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
Joseph J Magnolia, Inc.
600 Gallatin St NE
Washington, DC 20017 LX97322102027 $85,226.00 Raze & Abatement
John D Magnolia
Owner
202-829-8510
ddisque@magnolia-companies.com
X
Pro-Air, Inc.
1319 F St NW
Washington, DC 20004 LZ83616022028 $12,084,000.00 Plumbing & HVAC
Christ Santos
Owner
202-544-0044
phemme@proair-inc.com
X
SBE SUBCONTRACTNG PLAN | Revised October 2023
function by the CBE
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
CBE Subcontractor
Company Name Address Certification
No.
Price to be paid to the
CBE Subcontractor
Description of subcontract scope
of work to be performed that shall
be for a commercially useful
function by the CBE
___________________ _________________ ____ ________________ ________________
SBE/CBE Point of Contact: CBE Subcontractor Self-Performance Indicator:
Name: _________
Title: _______
Telephone Number: ________
Email Address: ________
This CBE will perform the ENTIRE subcontract with its
own organization and resources.
This CBE will subcontract a portion of the subcontract and
will perform ____% of the subcontract’s total dollar volume.
NOTE: If the CBE will not self-perform 100% of the
subcontract, it must list each lower-tier CBE
subcontractor below.
LOWER TIER
CBE Subcontractor
Name
Address Certification No. Price to be paid to the
CBE Subcontractor
Description of
subcontract scope of
work to be performed
that shall be for a
commercially useful
function by the CBE
Tier
(e.g., 1st,
2nd, 3rd,
4th, etc.)
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
___________________ _________________ ____ $ ________________ ________________ ____
Curtis Equipment, Inc.
5514 Colorado Ave NW
Washington, DC 20011 LSDZRE37961022028 $517,796.00 Kitchen Equipment
Curtis Jefferies
Owner
202-244-1839
mjefferies@curtisequip.com
X
SBE SUBCONTRACTNG PLAN | Revised October 2023
AGENCY CONTRACT AWARD
Agency: ________
Prime Contractor: ________
Contract Number: ________
Date SBE Subcontracting Plan Accepted: ________
Date agency contract signed: ________
Anticipated Start Date of Contract: ________
Anticipated End Date of Contract: ________
Total Dollar Amount of Contract: $________
*Design-Build must include total contract amount for both
design and build phase of the project.
35% of the Total Contract Amount: $________
35% of the Applicable Performance Period: $________
50% of Total Dollar Amount of Contract: $______________
(pursuant to D.C. Law 24-39)
Total Amount of All SBE/CBE Subcontracts: $________
(include every tier)
(✓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

GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

BUILD= xier =a
SUSTAIN aa
EXHIBIT G
IneligibleCosts
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
CAPITAL ELIGIBLE SUMMARY Reference Extended Total CAPITAL NON-CAPITAL
PUBLIC ART DGS Allowance $ 500,000.00 $ 98,510.00 $ 401,490.00
GENERAL CONDITIONS
New Construction
& Sitework $ 1,774,375.00 $ 1,771,375.00 $ 3,000.00
GENERAL REQUIREMENTS
New Construction
& Sitework $ 1,422,349.00 $ 1,362,349.00 $ 60,000.00
SPECIALTIES Spec Section 10000 $ 481,227.00 $ - $ 481,227.00
EQUIPMENT Spec Section 11000 $ 727,970.00 $ 707,570.00 $ 20,400.00
FURNISHINGS Spec Section 12000 $ 1,718,750.00 $ 1,055,411.61 $ 663,338.39
LOW VOLTAGE Spec Section 28000 $ 1,701,044.00 $ 1,685,542.52 $ 15,501.49
CAPITAL ELIGIBLE SUMMARY Extended Total check $ 8,325,715.00 $ 8,325,715.00 $ 6,680,758.12 $ 1,644,956.88
GENERAL CONDITIONS
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Personnel General Conditions
(New Construction & Sitework) $ 1,771,375.00 $ 1,771,375.00 $ -
Non-Personnel General Conditions
(Ribbon Cutting Event) $ 3,000.00 $ - $ 3,000.00
GENERAL CONDITIONS TOTAL 1,774,375.00 1,771,375.00 3,000.00
PUBLIC ART SUMMARY
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
DESIGN ONLY Mural/ Adhesive Canvas applied to 13
Polycarbonate Panels 20,000.00 20,000.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 37,850.00 37,850.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 18,426.00 18,426.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 16,607.00 16,607.00
Mosaic Mural, 2 Pieces 53,000.00 53,000.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 22,375.00 22,375.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 18,039.00 18,039.00
Mosaic Mural, 2 Pieces 53,000.00 53,000.00
DESIGN ONLY Mural/ Adhesive Canvas on Drywall
must be Vector file 17,693.00 17,693.00
Suspended Sculpture 75,000.00 75,000.00
Mosaic Mural, 2 Pieces 53,000.00 53,000.00
Honoraria: this amount is divided and presented to all
Artists as a "bonus" or voluntary payment, as a
customary token of appreciation in the Art-World.
16,500.00 16,500.00
Prep Work: structurally "support" to the substrate of
walls, ceilings, and, sitework for the Artwork, installed
by DGS' Construction Contractor.
5,000.00 5,000.00
Contingency: funds retained for Engineering Design
Fees; and, additional Prep Work. 93,510.00 93,510.00
PUBLIC ART SUMMARY TOTAL 500,000.00 98,510.00 401,490.00
GENERAL REQUIREMENTS
Description Manufacturer Count Unit Price Extended Total Capital Expenditures Non-Capital
Expenditures
General Requirements:
New Constlruction & SiteWork MCN Build see attachment n/a $ 1,362,349.00 $ 1,362,349.00 $ -
Custodial Equipment - SiteWork various see attachment n/a $ 60,000.00 $ - $ 60,000.00
TOTAL $ 1,422,349.00 $ 1,362,349.00 $ 60,000.00
Tubman ES - Capital Eligibility Review
5/21/2025
GENERAL REQUIREMENTS TOTAL
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Description Manufacturer Count Unit Price Extended Total Capital Expenditures Non-Capital
Expenditures
Toilet Partitions Scranton 20 n/a $ 63,750.00 $ - $ 63,750.00
Accessories: Toilet Partitions fixed to walls &
partitions: grab bars, toilet paper dispensers… Bobrick see quote n/a $ 110,960.00 $ - $ 110,960.00
Visual Boards, fixed to the walls ASI see quote n/a $ 115,350.00 $ - $ 115,350.00
Fire Specialties: FireStopping Caulk Larsen's 15 n/a $ 10,250.00 $ - $ 10,250.00
Display Case Claridge 1 n/a $ 9,300.00 $ - $ 9,300.00
Lockers Penco 12 n/a $ 5,850.00 $ - $ 5,850.00
Flagpole Eder Flag 1 $ 17,439.00 $ 17,439.00 $ - $ 17,439.00
Signage SMI Sign Systems 345 $ 402.59 $ 138,892.00 $ - $ 138,892.00
Bond MCN 1 $ 9,436.00 $ 9,436.00 $ - $ 9,436.00
TOTAL $ 481,227.00 $ - $ 481,227.00
Description Manufacturer Count Unit Price Extended Total Capital Expenditures Non-Capital
Expenditures
Ceiling Mounted B-ball Hoops Performance Sports
Systems 6 $ 8,775.00 $ 52,650.00 $ 52,650.00
Vollyeball System Performance Sports
Systems 1 $ 2,950.00 $ 2,950.00 $ 2,950.00
Volleyball Sleeves Performance Sports
Systems 2 $ 1,900.00 $ 3,800.00 $ 3,800.00
Volleyball - Ref Stand Performance Sports
Systems 1 $ 1,000.00 $ 1,000.00 $ 1,000.00
Scoreobards Daktronics 2 $ 10,150.00 $ 20,300.00 $ 20,300.00
Shot Clocks (sold as a pair) Daktronics 1 $ 8,250.00 $ 8,250.00 $ 8,250.00
Climbing Wall (Linear feet) Everlast Climbing
Industries 36 $ 575.00 $ 20,700.00 $ 20,700.00
Divider Curtain Performance Sports
Systems 1 $ 15,525.00 $ 15,525.00 $ 15,525.00
Archery Nets Performance Sports
Systems 2 $ 15,250.00 $ 30,500.00 $ 30,500.00
Archery Targets Morrell 8 $ 675.00 $ 5,400.00 $ 5,400.00
TRX anchors/trainer system TRX 8 $ 762.50 $ 6,100.00 $ 6,100.00
Wall Pads Performance Sports
Systems 82 $ 262.50 $ 21,525.00 $ 21,525.00
Corner Pads Performance Sports
Systems 14 $ 400.00 $ 5,600.00 $ 5,600.00
Four Side Column Pads Performance Sports
Systems 2 $ 800.00 $ 1,600.00 $ 1,600.00
Walk-in Cooler/Freezer Bally 1 55,500.00$ $ 55,500.00 $ 55,500.00
Air Shield Kolpak 1 4,750.00$ $ 4,750.00 $ 4,750.00
Cooler Refrigeration Bally 1 22,000.00$ $ 22,000.00 $ 22,000.00
Dunnage Rack; 18x36 Metro 2 450.00$ $ 900.00 $ 900.00
Shelving; 18x36 Metro 23 2,000.00$ $ 46,000.00 $ 46,000.00
Sheet Pan Rack New Age 4 1,750.00$ $ 7,000.00 $ 7,000.00
Dunnage Rack; 24x48 Metro 1 450.00$ $ 450.00 $ 450.00
Shelving; 24x36 Metro 2 750.00$ $ 1,500.00 $ 1,500.00
Shelving; 24x48 Metro 4 750.00$ $ 3,000.00 $ 3,000.00
Utility Cart Steril-Sil 3 2,500.00$ $ 7,500.00 $ 7,500.00
Can Rack Channel 1 2,000.00$ $ 2,000.00 $ 2,000.00
Hand Sink John Boos 4 750.00$ $ 3,000.00 $ 3,000.00
Prep Sink SS Fab 1 5,500.00$ $ 5,500.00 $ 5,500.00
Worktable SS Fab 2 3,250.00$ $ 6,500.00 $ 6,500.00
Can Opener Edlund 1 600.00$ $ 600.00 $ 600.00
Rough-In electrical conduits for the Refrigeration
system True R 1 9,000.00$
$ 9,000.00 $ 9,000.00
Pass-Through Heated Cabinet Continental 2 15,000.00$ $ 30,000.00 $ 30,000.00
Pass-Through Refrigerator Continental 2 13,500.00$ $ 27,000.00 $ 27,000.00
Milk Cooler Continental 2 5,000.00$ $ 10,000.00 $ 10,000.00
Hot Food Counter Delfield 2 25,000.00$ $ 50,000.00 $ 50,000.00
Cold Food Counter Delfield 2 16,000.00$ $ 32,000.00 $ 32,000.00
Cold Food Counter Delfield 1 19,000.00$ $ 19,000.00 $ 19,000.00
Cashier Counter Delfield 1 6,000.00$ $ 6,000.00 $ 6,000.00
3 Comp Sink SS Fab 1 7,000.00$ $ 7,000.00 $ 7,000.00
Soiled Dish Table SS Fab 1 4,000.00$ $ 4,000.00 $ 4,000.00
Disposer Salvajor 1 6,000.00$ $ 6,000.00 $ 6,000.00
SPECIALTIES SUMMARY
SPECIALTIES SUMMARY TOTAL
EQUIPMENT
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Dishmachine Hobart 1 40,000.00$ $ 40,000.00 $ 40,000.00
Clean Dish Table SS Fab 1 2,000.00$ $ 2,000.00 $ 2,000.00
Pot & Pan Shelving; 24x48 Metro 2 750.00$ $ 1,500.00 $ 1,500.00
Shelving; 18x36 Metro 1 750.00$ $ 750.00 $ 750.00
Trash Container Rubbermaid 8 100.00$ $ 800.00 $ 800.00
RI Heated Cabinet Continental 1 14,000.00$ $ 14,000.00 $ 14,000.00
Hood labor 1 3,000.00$ $ 3,000.00 $ 3,000.00
Walk-in Labor 1 10,500.00$ $ 10,500.00 $ 10,500.00
Refrigeration 1 12,500.00$ $ 12,500.00 $ 12,500.00
Remaining Kitchen Eq labor 1 31,064.00$ $ 31,064.00 $ 31,064.00
Job setup/submittals 1 30,762.00$ $ 30,762.00 $ 30,762.00
Job closeout/O-Ms 1 4,720.00$ $ 4,720.00 $ 4,720.00
Bond MCN 1 $ 14,274.00 $ 14,274.00 $ 14,274.00
TOTAL $ 727,970.00 $ 707,570.00 $ 20,400.00
Description Manufacturer Count Unit Price Extended Total Capital Expenditures Non-Capital
Expenditures
Manual Roller Shades Draper 196 $ 830.24 $ 162,728.00 $ 162,728.00
Motorized Roller Shades Draper 31 $ 1,212.00 $ 37,575.00 $ 37,575.00
Toddler Cots Creative Colors /Mahar 160 $ 58.49 $ 9,357.65 $ 9,357.65
Cot Storage Creative Colors 16 $ 219.00 $ 3,504.00 $ 3,504.00
Jonti-Craft® Culinary Creations Play Kitchen 4 Piece
Set Jonti- Craft 14 $ 1,777.80 $ 24,889.20 $ 24,889.20
Jonti-Craft® KYDZ Queen Castle Jonti- Craft 28 $ 1,047.00 $ 29,316.00 $ 29,316.00
Purpose + Tables Jonti- Craft 7 $ 352.00 $ 2,464.00 $ 2,464.00
Audio Caddie Jonti- Craft 14 $ 156.50 $ 2,191.00 $ 2,191.00
Six Section Mobile Book Organizer Jonti- Craft 14 $ 523.30 $ 7,326.20 $ 7,326.20
9 Tub Large Mobile Unit - without Tubs Jonti- Craft 70 $ 647.00 $ 45,290.00 $ 45,290.00
Double Adjustable Easel Jonti- Craft 42 $ 330.00 $ 13,860.00 $ 13,860.00
Imagination Station Jonti- Craft 14 $ 630.00 $ 8,820.00 $ 8,820.00
See through Sensory Table ( 3 Tub) Jonti- Craft 14 $ 570.00 $ 7,980.00 $ 7,980.00
Children's Furniture Style/Series TUB Jonti- Craft 14 $ 13.50 $ 189.00 $ 189.00
Rectangular -shaped Teachers Desk Artcobell 14 $ 541.00 $ 7,574.00 $ 7,574.00
Student - 4- Leg Chair Artcobell 360 $ 48.50 $ 17,460.00 $ 17,460.00
Task Chairs Office Source 14 $ 252.53 $ 3,535.35 $ 3,535.35
Assistant Chair Office Source 14 $ 89.70 $ 1,255.80 $ 1,255.80
Oxford Kidney Shaped Table Artcobell 14 $ 280.80 $ 3,931.20 $ 3,931.20
Adjustable Height Task Stool Artcobell 14 $ 124.80 $ 1,747.20 $ 1,747.20
Soft Seating- 18" Round Artcobell 70 $ 233.00 $ 16,310.00 $ 16,310.00
Movable Stools Artcobell 56 $ 153.40 $ 8,590.40 $ 8,590.40
Soft Seating - Blip Pads Artcobell 112 $ 153.40 $ 17,180.80 $ 17,180.80
Rectangular Activity Tables Artcobell 84 $ 248.30 $ 20,857.20 $ 20,857.20
Activity Table Global 14 $ 276.00 $ 3,864.00 $ 3,864.00
Book Cases - Curved Artcobell 28 $ 1,207.00 $ 33,796.00 $ 33,796.00
Book Cases - Single Face Unit Adjustable Shelves Artcobell 28 $ 1,082.00 $ 30,296.00 $ 30,296.00
2 Drawer Lateral File Cabinet Global 28 $ 436.00 $ 12,208.00 $ 12,208.00
Tote Storage W/ Trays Artcobell 14 $ 1,848.00 $ 25,872.00 $ 25,872.00
Alphabet Phonics Rugs Joy Carpets 14 $ 275.00 $ 3,850.00 $ 3,850.00
Endurance #80 Rugs Joy Carpets 14 $ 125.00 $ 1,750.00 $ 1,750.00
Waste Baskets Rubber Maid 14 $ 11.38 $ 159.25 $ 159.25
Recycling Bin Rubber Maid 14 $ 11.38 $ 159.25 $ 159.25
Metal Shelving Lyon Shelving 14 $ 253.50 $ 3,549.00 $ 3,549.00
Wardrobe Cabinets Sandusky Lee 14 $ 500.00 $ 7,000.00 $ 7,000.00
Student Chairs Artcobell 416 $ 48.50 $ 20,176.00 $ 20,176.00
Teacher Chair Office Source 32 $ 253.00 $ 8,096.00 $ 8,096.00
Assistant Chair Office Source 16 $ 89.70 $ 1,435.20 $ 1,435.20
Rectangular-shaped Teachers Desk Artcobell 16 $ 541.00 $ 8,656.00 $ 8,656.00
Student Cantilever Desk Artcobell 416 $ 162.00 $ 67,392.00 $ 67,392.00
Book Cases Office Source 16 $ 153.40 $ 2,454.40 $ 2,454.40
EQUIPMENT SUMMARY TOTAL
FURNISHINGS
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Multimedia Cart Bretford 16 $ 224.95 $ 3,599.23 $ 3,599.23
Lateral File Cabinets Global 16 $ 594.98 $ 9,519.74 $ 9,519.74
Wardrobe Cabinets Sandusky Lee 16 $ 500.00 $ 8,000.00 $ 8,000.00
Alphabet Phonics Rugs Joy Carpets 16 $ 275.00 $ 4,400.00 $ 4,400.00
Endurance #80 Rugs Joy Carpets 16 $ 125.00 $ 2,000.00 $ 2,000.00
Soft Seating- 18" Round Artcobell 80 $ 233.00 $ 18,640.00 $ 18,640.00
Oxford Kidney Shaped Table Artcobell 16 $ 280.80 $ 4,492.80 $ 4,492.80
Adjustable Height Task Stool Artcobell 16 $ 124.80 $ 1,996.80 $ 1,996.80
Soft Seating- 18" Round Artcobell 80 $ 233.00 $ 18,640.00 $ 18,640.00
Movable Stools Artcobell 56 $ 148.85 $ 8,335.60 $ 8,335.60
Student WorkTable Artcobell 32 $ 280.80 $ 8,985.60 $ 8,985.60
Student chairs Artcobell 60 $ 48.50 $ 2,910.00 $ 2,910.00
Teacher Chair Office Source 10 $ 253.00 $ 2,530.00 $ 2,530.00
Rectangular-shaped Teachers Desk Artcobell 5 $ 541.00 $ 2,705.00 $ 2,705.00
Student Cantilever Desk Artcobell 60 $ 162.00 $ 9,720.00 $ 9,720.00
Book Cases Office Source 5 $ 153.40 $ 767.00 $ 767.00
Multimedia Cart Bretford 5 $ 224.95 $ 1,124.76 $ 1,124.76
Lateral File Cabinets Global 5 $ 594.98 $ 2,974.92 $ 2,974.92
Wardrobe Cabinets Sandusky Lee 5 $ 500.00 $ 2,500.00 $ 2,500.00
Student chairs Artcobell 24 $ 48.50 $ 1,164.00 $ 1,164.00
Adjustable Height Task Stools Artcobell 33 $ 124.80 $ 4,118.40 $ 4,118.40
Teacher Chair Office Source 2 $ 253.00 $ 506.00 $ 506.00
Student Cantilever Desk Artcobell 24 $ 162.00 $ 3,888.00 $ 3,888.00
Rectangular-shaped Teachers Desk Artcobell 1 $ 541.00 $ 541.00 $ 541.00
Multimedia Cart Bretford 1 $ 224.95 $ 224.95 $ 224.95
Four Drawer Lateral File Cabinet Global 1 $ 594.98 $ 594.98 $ 594.98
Mobile AV Cabinet Bretford 1 $ 224.95 $ 224.95 $ 224.95
Tall Lockable Cabinet With Shelves Global 1 $ 1,030.23 $ 1,030.23 $ 1,030.23
Work table Global 9 $ 475.23 $ 4,277.07 $ 4,277.07
Wardrobe Cabinets Sandusky Lee 5 $ 500.00 $ 2,500.00 $ 2,500.00
Adjustable Height Task Stools Artcobell 30 $ 124.80 $ 3,744.00 $ 3,744.00
Teacher Chair Office Source 2 $ 253.00 $ 506.00 $ 506.00
Adjustable Metal Table NPS 15 $ 1,090.84 $ 16,362.60 $ 16,362.60
Rectangular-shaped Teachers Desk Artcobell 1 $ 541.00 $ 541.00 $ 541.00
Multimedia Cart Bretford 1 $ 224.95 $ 224.95 $ 224.95
Four Drawer Lateral File Cabinet Global 1 $ 594.98 $ 594.98 $ 594.98
Mobile AV Cabinet Bretford 1 $ 224.95 $ 224.95 $ 224.95
Tall Lockable Cabinet With Shelves Global 1 $ 1,030.23 $ 1,030.23 $ 1,030.23
Work table Global 9 $ 475.23 $ 4,277.07 $ 4,277.07
Wardrobe Cabinets Sandusky Lee 5 $ 500.00 $ 2,500.00 $ 2,500.00
Oxford Kidney Shaped Table Artcobell 8 $ 280.80 $ 2,246.40 $ 2,246.40
Movable Stool Artcobell 24 $ 148.85 $ 3,572.40 $ 3,572.40
12"/14"/16"/18" Student - Discover Four Leg Chair Artcobell 100 $ 48.50 $ 4,850.00 $ 4,850.00
Oxford Rectangular Activity Table Artcobell 48 $ 186.55 $ 8,954.40 $ 8,954.40
Soft Seating/ Alternative Seating Lakeshore 32 $ 97.18 $ 3,109.60 $ 3,109.60
Rectangular-shaped Teachers Desk Artcobell 4 $ 541.00 $ 2,164.00 $ 2,164.00
Teacher Chair Office Source 4 $ 253.00 $ 1,012.00 $ 1,012.00
Wardrobe Cabinets Sandusky Lee 4 $ 500.00 $ 2,000.00 $ 2,000.00
12"/14"/16"/18" Student - Discover Four Leg Chair Artcobell 36 $ 48.50 $ 1,746.00 $ 1,746.00
Student Tables Artcobell 12 $ 248.95 $ 2,987.40 $ 2,987.40
Sensory Swing Fun & Function 2 $ 3,326.69 $ 6,653.37 $ 6,653.37
Concentration Rocker Fun & Function 2 $ 233.99 $ 467.97 $ 467.97
Folding Mat Fun & Function 2 $ 402.99 $ 805.97 $ 805.97
Shatter Proof Handle Mirror Fun & Function 2 $ 95.54 $ 191.07 $ 191.07
Rectangular-shaped Teachers Desk Artcobell 3 $ 541.00 $ 1,623.00 $ 1,623.00
Teacher Chair Office Source 3 $ 253.00 $ 759.00 $ 759.00
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Wardrobe Cabinets Sandusky Lee 3 $ 500.00 $ 1,500.00 $ 1,500.00
Adjustable Height Task Stool Artcobell 16 $ 124.80 $ 1,996.80 $ 1,996.80
Makerspace Cabinets Artcobell 4 $ 720.20 $ 2,880.80 $ 2,880.80
Vinyl Cutter US Cutter 1 $ 2,340.00 $ 2,340.00 $ 2,340.00
3-D Printer TBD 1 $ 3,250.00 $ 3,250.00 $ 3,250.00
Adjustable Metal Table National Pubilc Seating 8 $ 1,090.84 $ 8,726.74 $ 8,726.74
Rectangular-shaped Teachers Desk Artcobell 1 $ 541.00 $ 541.00 $ 541.00
Teacher Chair Office Source 2 $ 253.00 $ 506.00 $ 506.00
Wardrobe Cabinets Sandusky Lee 1 $ 500.00 $ 500.00 $ 500.00
Pinic Tables Frog Furnishings 2 $ 1,895.40 $ 3,790.80 $ 3,790.80
Pinic Tables Frog Furnishings 1 $ 1,692.60 $ 1,692.60 $ 1,692.60
Outdoor Seating Tonik 10 $ 237.90 $ 2,379.00 $ 2,379.00
Outdoor Seating Tonik 5 $ 213.20 $ 1,066.00 $ 1,066.00
Outdoor Seating Tonik 7 $ 170.30 $ 1,192.10 $ 1,192.10
Lounge Chair Artcobell 8 $ 1,061.00 $ 8,488.00 $ 8,488.00
Ottoman Artcobell 5 $ 707.00 $ 3,535.00 $ 3,535.00
Corner Lounge Lower Back Artcobell 4 $ 1,332.00 $ 5,328.00 $ 5,328.00
Armless Sofa Office Source 4 $ 450.00 $ 1,800.00 $ 1,800.00
Back to Back Sofa Global 1 $ 1,600.00 $ 1,600.00 $ 1,600.00
Coffee Tables Global 4 $ 641.00 $ 2,564.00 $ 2,564.00
Lounge Chair Artcobell 2 $ 1,061.00 $ 2,122.00 $ 2,122.00
Ottoman Artcobell 1 $ 707.00 $ 707.00 $ 707.00
Corner Lounge Mid Back Artcobell 4 $ 1,332.00 $ 5,328.00 $ 5,328.00
Armless Sofa Office Source 1 $ 450.00 $ 450.00 $ 450.00
Coffee Tables Global 1 $ 641.00 $ 641.00 $ 641.00
Ottoman Artcobell 2 $ 707.00 $ 1,414.00 $ 1,414.00
Lounge Chair Artcobell 2 $ 1,061.00 $ 2,122.00 $ 2,122.00
Ottoman Artcobell 1 $ 707.00 $ 707.00 $ 707.00
Corner Lounge Mid Back Artcobell 4 $ 1,332.00 $ 5,328.00 $ 5,328.00
Armless Sofa Office Source 1 $ 450.00 $ 450.00 $ 450.00
Coffee Tables Global 1 $ 641.00 $ 641.00 $ 641.00
Ottoman Artcobell 2 $ 707.00 $ 1,414.00 $ 1,414.00
Lounge Chair Artcobell 2 $ 1,061.00 $ 2,122.00 $ 2,122.00
Ottoman Artcobell 1 $ 707.00 $ 707.00 $ 707.00
Corner Lounge Mid Back Artcobell 4 $ 1,332.00 $ 5,328.00 $ 5,328.00
Armless Sofa Office Source 1 $ 450.00 $ 450.00 $ 450.00
Coffee Tables Global 1 $ 641.00 $ 641.00 $ 641.00
Ottoman Artcobell 2 $ 707.00 $ 1,414.00 $ 1,414.00
Student Art Stool Artcobell 60 $ 124.80 $ 7,488.00 $ 7,488.00
Adjustable Metal Table NPS 30 $ 1,090.84 $ 32,725.20 $ 32,725.20
Oxford Rectangular Activity Table Artcobell 6 $ 122.85 $ 737.10 $ 737.10
Safco 5-Drawer Steel Flat File for 24" x 36"
Documents Safco 2 $ 1,880.94 $ 3,761.89 $ 3,761.89
Safco Facil Flat File High Base-Medium Safco 2 $ 548.34 $ 1,096.68 $ 1,096.68
Mobile Drying Rack AWT World Trade Inc. 4 $ 752.70 $ 3,010.80 $ 3,010.80
Work Table NPS 2 $ 370.50 $ 741.00 $ 741.00
Large Drying Storage Unit Debco 2 $ 2,884.70 $ 5,769.40 $ 5,769.40
Versa Cab Drying Storage Unit on Casters North Star 4 $ 1,282.32 $ 5,129.28 $ 5,129.28
Teacher Chair Office Source 2 $ 253.00 $ 506.00 $ 506.00
Wardrobe Cabinets Sandusky Lee 2 $ 500.00 $ 1,000.00 $ 1,000.00
Kiln Skutt 2 $ 2,988.70 $ 5,977.40 $ 5,977.40
Instrument storage Cabinet( Small precussions)
straight grille doors Stevens 4 $ 1,428.69 $ 5,714.76 $ 5,714.76
Instrument storage Cabinet( Open Storage shelves)
straight grille doors Stevens 4 $ 1,428.69 $ 5,714.76 $ 5,714.76
Band-Stor Music Instrument Storage/Instrument
Storage Cabinet Stevens 4 $ 1,163.24 $ 4,652.96 $ 4,652.96
ORFFmobile Xylophone Storage Unit Wenger 2 $ 1,345.50 $ 2,691.00 $ 2,691.00
Conductor's Stand NPS 2 $ 808.60 $ 1,617.20 $ 1,617.20
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Conductor's Chair NPS 2 $ 363.81 $ 727.62 $ 727.62
Music Stand NPS 60 $ 63.40 $ 3,804.00 $ 3,804.00
Stand Move & Store Cart NPS 2 $ 493.81 $ 987.62 $ 987.62
Chair Move and Store Cart NPS 2 $ 265.01 $ 530.02 $ 530.02
Music Rug Wenger 2 $ 772.20 $ 1,544.40 $ 1,544.40
Student Music Chair 17.5" Seat Height NPS 60 $ 110.31 $ 6,618.60 $ 6,618.60
Tiered Riser Staging System NPS 2 $ 2,642.90 $ 5,285.80 $ 5,285.80
Metal Credenza Cabinet Global 2 $ 591.50 $ 1,183.00 $ 1,183.00
Wardrobe Cabinets Sandusky Lee 2 $ 500.00 $ 1,000.00 $ 1,000.00
Shelving Artcobell 55 $ 1,415.18 $ 77,835.00 $ 77,835.00
Conference Room Table Global 1 $ 890.00 $ 890.00 $ 890.00
Conference Room Chairs Office Source 6 $ 252.53 $ 1,515.15 $ 1,515.15
18" Student Discover 4 Legged Chair Artcobell 28 $ 48.50 $ 1,358.00 $ 1,358.00
18" Student Discover 4 Legged Chair Artcobell 4 $ 48.50 $ 194.00 $ 194.00
Rectangular Activity Table Artcobell 2 $ 186.55 $ 373.10 $ 373.10
3PT Tables Artcobell 7 $ 248.30 $ 1,738.10 $ 1,738.10
18" Student Discover 4 Legged Chair Artcobell 18 $ 48.50 $ 873.00 $ 873.00
3PT Tables Artcobell 1 $ 248.30 $ 248.30 $ 248.30
3PT Tables Artcobell 1 $ 248.30 $ 248.30 $ 248.30
3PT Tables Artcobell 1 $ 248.30 $ 248.30 $ 248.30
Credenzas Global 3 $ 725.00 $ 2,175.00 $ 2,175.00
Height Adjustable Tables ( Tops) Global 2 $ 251.42 $ 502.84 $ 502.84
Height Adjustable Tables ( Bases) Global 2 $ 615.07 $ 1,230.14 $ 1,230.14
Stacking Chairs Office Source 4 $ 89.70 $ 358.80 $ 358.80
Table Global 1 $ 352.38 $ 352.38 $ 352.38
Lounge Chairs Artcobell 12 $ 506.68 $ 6,080.10 $ 6,080.10
Guest Chairs Office Source 2 $ 89.70 $ 179.40 $ 179.40
Task Chairs Office Source 3 $ 252.53 $ 757.58 $ 757.58
Seat Cushion Artcobell 15 $ 189.15 $ 2,837.25 $ 2,837.25
Cushion Trolley Artcobell 1 $ 550.00 $ 550.00 $ 550.00
Soft Seating Artcobell 6 $ 189.15 $ 1,134.90 $ 1,134.90
Soft Seating Artcobell 3 $ 207.35 $ 622.05 $ 622.05
Soft Seating Artcobell 3 $ 189.15 $ 567.45 $ 567.45
Soft Seating Artcobell 8 $ 189.15 $ 1,513.20 $ 1,513.20
Book Truck Smith System 4 $ 739.70 $ 2,958.80 $ 2,958.80
Book Truck Smith System 4 $ 739.70 $ 2,958.80 $ 2,958.80
Step Stool Cramer 3 $ 84.50 $ 253.50 $ 253.50
Depressible Under Counter Bin Kingsley 1 $ 1,690.00 $ 1,690.00 $ 1,690.00
Mobile Markerboards Uline 2 $ 760.49 $ 1,520.97 $ 1,520.97
Endurance #80 Joy Carpets 1 $ 110.50 $ 110.50 $ 110.50
Alphabet Phonics Rug Joy Carpets 1 $ 275.00 $ 275.00 $ 275.00
Uniframe Rectangular Cafeteria Tables w/ benches Amtab 12 $ 1,820.00 $ 21,840.00 $ 21,840.00
Uniframe Round Mobile Cafeteria Table w/benches Amtab 6 $ 1,820.00 $ 10,920.00 $ 10,920.00
Utility Truck Rubber Maid 1 $ 1,102.40 $ 1,102.40 $ 1,102.40
Stackable Chairs Office Source 400 $ 88.44 $ 35,374.96 $ 35,374.96
Lecturn NPS 1 $ 374.40 $ 374.40 $ 374.40
Stacking Chair Office Source 6 $ 89.70 $ 538.20 $ 538.20
Stacking Chair Office Source 1 $ 89.70 $ 89.70 $ 89.70
Work Tables Global 2 $ 553.80 $ 1,107.60 $ 1,107.60
Waste Baskets Rubber Maid 1 $ 11.38 $ 11.38 $ 11.38
Recycling Bin Rubber Maid 1 $ 11.38 $ 11.38 $ 11.38
Wardrobe Cabinets Sandusky Lee 1 $ 500.00 $ 500.00 $ 500.00
Stackable Chairs Office Source 10 $ 89.70 $ 897.00 $ 897.00
Square Tables Global 2 $ 645.00 $ 1,290.00 $ 1,290.00
Rectangular Meeting Table Global 1 $ 960.00 $ 960.00 $ 960.00
Refrigerator Summit Appliances 1 $ 4,055.04 $ 4,055.04 $ 4,055.04
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Printer Station Global 1 $ 352.38 $ 352.38 $ 352.38
Wardrobe Cabinets Sandusky Lee 1 $ 500.00 $ 500.00 $ 500.00
Stackable Chairs Office Source 10 $ 89.70 $ 897.00 $ 897.00
Square Tables Global 2 $ 645.00 $ 1,290.00 $ 1,290.00
Rectangular Meeting Table Global 1 $ 960.00 $ 960.00 $ 960.00
Refrigerator Summit Appliances 1 $ 4,055.04 $ 4,055.04 $ 4,055.04
Printer Station Global 1 $ 352.38 $ 352.38 $ 352.38
Wardrobe Cabinets Sandusky Lee 1 $ 500.00 $ 500.00 $ 500.00
Guest Chairs Global 2 $ 252.53 $ 505.05 $ 505.05
Admin Workstation Chair Office Source 1 $ 252.53 $ 252.53 $ 252.53
Task Chair Office Source 2 $ 252.53 $ 505.05 $ 505.05
Workstation Global 1 $ 575.00 $ 575.00 $ 575.00
Lounge Chair Office Source 1 $ 433.88 $ 433.88 $ 433.88
Book Cases Office Source 2 $ 153.40 $ 306.80 $ 306.80
Lateral File Cabinets Global 1 $ 594.98 $ 594.98 $ 594.98
Safe FireKing 1 $ 1,500.00 $ 1,500.00 $ 1,500.00
Stacking Chair Office Source 8 $ 89.70 $ 717.60 $ 717.60
Work Tables Global 2 $ 352.38 $ 704.76 $ 704.76
Lounge Chairs Office Source 4 $ 433.88 $ 1,735.50 $ 1,735.50
Vertical File Cabinets Global 11 $ 300.30 $ 3,303.30 $ 3,303.30
Wardrobe Cabinets Sandusky Lee 11 $ 500.00 $ 5,500.00 $ 5,500.00
Work stations Artcobell 11 $ 575.00 $ 6,325.00 $ 6,325.00
Bookcases Global 11 $ 224.90 $ 2,473.90 $ 2,473.90
Tables Global 2 $ 926.26 $ 1,852.53 $ 1,852.53
Tables Global 11 $ 600.38 $ 6,604.17 $ 6,604.17
Tables Global 4 $ 926.26 $ 3,705.05 $ 3,705.05
Chair Dollies Global 7 $ 350.00 $ 2,450.00 $ 2,450.00
Table Global 1 $ 260.25 $ 260.25 $ 260.25
Coffee Table Global 1 $ 640.07 $ 640.07 $ 640.07
Guest Chairs Global 22 $ 242.11 $ 5,326.46 $ 5,326.46
Stacking Chairs Office Source 8 $ 89.70 $ 717.60 $ 717.60
Guest Tables Global 3 $ 925.80 $ 2,777.39 $ 2,777.39
Side Tables Global 3 $ 388.15 $ 1,164.46 $ 1,164.46
Table Global 1 $ 1,399.72 $ 1,399.72 $ 1,399.72
Computer Table Global 3 $ 352.38 $ 1,057.13 $ 1,057.13
Lounge Chairs Office Source 4 $ 433.88 $ 1,735.50 $ 1,735.50
Lateral File Cabinets Global 12 $ 300.30 $ 3,603.60 $ 3,603.60
Wardrobe Cabinets Sandusky Lee 1 $ 500.00 $ 500.00 $ 500.00
Lounge Chairs Office Source 6 $ 433.88 $ 2,603.25 $ 2,603.25
Side Table Global 1 $ 767.26 $ 767.26 $ 767.26
Lounge Chairs Office Source 2 $ 433.88 $ 867.75 $ 867.75
Lounge Chairs Office Source 3 $ 433.88 $ 1,301.63 $ 1,301.63
Brochure Stand Safco 1 $ 507.00 $ 507.00 $ 507.00
Metal Credenza Cabinet Global 2 $ 591.50 $ 1,183.00 $ 1,183.00
Conference Room Table Global 1 $ 890.00 $ 890.00 $ 890.00
Conference Room Global 1 $ 881.19 $ 881.19 $ 881.19
Media Conference Table Global 1 $ 890.00 $ 890.00 $ 890.00
Credenzas Global 1 $ 725.00 $ 725.00 $ 725.00
Credenzas Global 1 $ 725.00 $ 725.00 $ 725.00
Conference Room chairs Office Source 6 $ 252.53 $ 1,515.15 $ 1,515.15
Conference Room Table Global 1 $ 881.19 $ 881.19 $ 881.19
Credenzas Global 1 $ 725.00 $ 725.00 $ 725.00
Conference Room chairs Global 6 $ 533.23 $ 3,199.40 $ 3,199.40
Wardrobe Cabinets Global 1 $ 530.00 $ 530.00 $ 530.00
Bookcases Global 1 $ 563.62 $ 563.62 $ 563.62
Workstation Global 1 $ 575.00 $ 575.00 $ 575.00
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Guest Chairs Global 4 $ 242.11 $ 968.45 $ 968.45
Guest Table Global 1 $ 473.38 $ 473.38 $ 473.38
Blue Print Mobile Unit Alpine Industries 2 $ 156.85 $ 313.69 $ 313.69
6ft Step Ladder Werner 1 $ 152.04 $ 152.04 $ 152.04
10Ft Step Ladder Werner 1 $ 521.24 $ 521.24 $ 521.24
Health Suite Cot Clinton Industries 3 $ 516.09 $ 1,548.26 $ 1,548.26
Treatment Table Clinton Industries 3 $ 1,680.32 $ 5,040.95 $ 5,040.95
Nurse Stools Clinton Industries 3 $ 140.50 $ 421.51 $ 421.51
Curtains Health Care Curtains 3 $ 250.00 $ 750.00 $ 750.00
Stacking Chairs Office Source 4 $ 89.70 $ 358.80 $ 358.80
Lockable Storage Cabinet Global 1 $ 1,121.90 $ 1,121.90 $ 1,121.90
Medical Security Cabinet Global Industrial 1 $ 241.81 $ 241.81 $ 241.81
Medical Freezer/ Refrigerator Summit Appliances 1 $ 2,055.04 $ 2,055.04 $ 2,055.04
Dolly Rubber Maid 4 $ 71.50 $ 286.00 $ 286.00
Bucket Rubber Maid 4 $ 9.10 $ 36.40 $ 36.40
Lid with Spout for 3.5, 5, 6 and 7 Gallon Plastic Pail -
White Rubber Maid 4 $ 3.90 $ 15.60 $ 15.60
Chair Dolly Global 10 $ 334.50 $ 3,345.03 $ 3,345.03
Garbage Bin Dollies Rubber Maid 4 $ 45.44 $ 181.74 $ 181.74
Recycling Container Rubber Maid 110 $ 70.14 $ 7,714.85 $ 7,714.85
Recycling Container Lid Rubber Maid 110 $ 49.40 $ 5,434.00 $ 5,434.00
Freight/Management/Installation Freight/Installation/
Management 1 $ 285,000.00 $ 285,000.00 $ 285,000.00
Bond MCN 1 $ 33,701.00 $ 33,701.00 $ 33,701.00
TOTAL $ 1,718,750.00 $ 1,055,411.61 $ 663,338.39
Description Manufacturer Count Unit Price Extended Total Capital Expenditures Non-Capital
Expenditures
RS2 LP1502 Panels RS2 3 4,500.00$ $ 13,500.00 $ 13,500.00
MR52 Access control panel Mercury 12 3,300.00$ $ 39,600.00 $ 39,600.00
Card Reader HID 19 714.12$ $ 13,568.28 $ 13,568.28
Intrusion Alarm Panel Bosch 1 2,340.00$ $ 2,340.00 $ 2,340.00
16 Zone Expander Bosch 12 1,300.00$ $ 15,600.00 $ 15,600.00
Motion Detector Long Range Bosch 41 330.00$ $ 13,530.00 $ 13,530.00
Door Contact Bosch 39 90.00$ $ 3,510.00 $ 3,510.00
V-Axis P3267-V (cables installed in conduits within Axis 67 2,050.00$ $ 137,350.00 $ 137,350.00
V-Axis P3727-PLE (cables installed in conduits within Axis 21 2,950.00$ $ 197,650.00 $ 197,650.00
SUBTOTAL $ 436,648.28 $ 436,648.28 $ -
Interactive Whiteboard (Smartboards) SMART Technologies 60 10,400.00$ $ 624,000.00 $ 624,000.00
55’ HDMI Cables 4k Belden 60 350.00$ $ 21,000.00 $ 21,000.00
55’ USB Cables Belden 60 370.00$ $ 22,200.00 $ 22,200.00
AV Plates for high and low (HDMI and USB) Belden 120 420.00$ $ 50,400.00 $ 50,400.00
SUBTOTAL $ 717,600.00 $ 717,600.00 $ -
Master Clock w Antenna Bogen 1 4,700.00$ $ 4,700.00 $ 4,700.00
Call Switch Bogen 82 40.00$ $ 3,280.00 $ 3,280.00
Wireless Clocks Bogen 95 410.00$ $ 38,950.00 $ 38,950.00
2X2 Drop Ceiling Speaker Bogen 148 220.00$ $ 32,560.00 $ 32,560.00
SUBTOTAL $ 79,490.00 $ 79,490.00 $ -
Equipment Rack Middle Atlantic 1 $3,391.60 $ 3,391.60 $ 3,391.60
Projector Epson 1 $31,476.00 $ 31,476.00 $ 31,476.00
Projector Lens Epson 1 $5,350.92 $ 5,350.92 $ 5,350.92
Projector Mount (Wallmount w/extension column & Chief 1 $1,625.04 $ 1,625.04 $ 1,625.04
Projection Screen DaLite 1 $26,915.64 $ 26,915.64 $ 26,915.64
Intercom interface/FACP Atlas 1 $531.92 $ 531.92 $ 531.92
AV Receiver Extron 1 $2,998.76 $ 2,998.76 $ 2,998.76
AV Transmitter Extron 2 $1,873.92 $ 3,747.84 $ 3,747.84
AV Receiver Extron 1 $1,366.40 $ 1,366.40 $ 1,366.40
AV Control Processor (IPL 250 is retired) Extron 1 $1,683.60 $ 1,683.60 $ 1,683.60
AV Touchscreen (TLP 350 MV is discontinued) Extron 1 $2,693.76 $ 2,693.76 $ 2,693.76
AV Touchscreen User Interface Upgrade Link License Extron 1 $2,020.32 $ 2,020.32 $ 2,020.32
TLP Control Processor Upgrade Link License Extron 1 $1,403.00 $ 1,403.00 $ 1,403.00
Audio Mixer/DSP Biamp 1 $3,538.00 $ 3,538.00 $ 3,538.00
Intercom Shunt for DSP Biamp 1 $1,568.92 $ 1,568.92 $ 1,568.92
2 Neutrik Speakon 4 Pole NL4MP 1 Gang Wall Plate CBI 1 $75.69 $ 75.69 $ 75.69
FURNISHING SUMMARY TOTAL
GYM/Student Dining AV System
Access Control /Intrusion Detection /CCTV &Video Intercom
Classroom Audio Video System (Smart Boards)
Classroom Audio Video System (Smart Boards)
Integrated PA/Intercom/Clock System
Integrated PA/Intercom/Clock System
ELECTRICAL - LOW VOLTAGE SYSTEMS
Access Control /Intrusion Detection /CCTV &Video Intercom
Description Manufacturer Count Unit Price Extended Total Capital
Non-Capital
Expenditures
Audio Amplifiers QSC 3 $3,254.96 $ 9,764.88 $ 9,764.88
Audio Player - Rackmounted Denon 1 $917.44 $ 917.44 $ 917.44
Dual Channel Wireless Mic systems - J52 Band Shure 1 $2,625.44 $ 2,625.44 $ 2,625.44
Assisted Listening System
(cabled system installed within walls) Listen 1 $5,121.56 $ 5,121.56 $ 5,121.56
Dynamic Handheld microphone w/onboard switch Shure 2 $253.76 $ 507.52 $ 507.52
Microphone stand Atlas 2 $346.48 $ 692.96 $ 692.96
Rack Blank pack and accessories Middle Atlantic 1 $244.00 $ 244.00 $ 244.00
Audio Mic Cabling - 650' Canare 2 $500.20 $ 1,000.40 $ 1,000.40
Audio Speaker Cabling - 300' Canare 4 $1,024.80 $ 4,099.20 $ 4,099.20
Audio Speakers EV 2 $1,568.92 $ 3,137.84 $ 3,137.84
3RU Rack Drawer Lowell 1 $566.08 $ 566.08 $ 566.08
Sequenced Power Controller for Audio Rack SurgeX 1 $2,630.32 $ 2,630.32 $ 2,630.32
Combo XLR audio wallplate, Single Gang Generic 6 $31.72 $ 190.32 $ 190.32
3.5mm audio wallplate, Single Gang Generic 1 $31.72 $ 31.72 $ 31.72
Uninterruptible Power Supply for Cafeteria Audio SurgeX 1 $3,508.72 $ 3,508.72 $ 3,508.72
Assisted Listening Hardware (LS-03 is discontinued) Listen Tech 2 $4,592.08 $ 9,184.16 $ 9,184.16
Antennae Cable - 500' (9913 010500) Belden 1 $3,103.68 $ 3,103.68 $ 3,103.68
Audio Amplifiers QSC 1 $1,866.60 $ 1,866.60 $ 1,866.60
Electro-Voice MB200 U-Bracket Kit for Select EV EV 2 $170.80 $ 341.60 $ 341.60
Electro-Voice MB 300 B Array-Kit with 2 Plates for EV 2 $187.88 $ 375.76 $ 375.76
2 Neutrik Speakon 4 Pole NL4MP 1 Gang Wall Plate CBI 2 $75.69 $ 151.38 $ 151.38
RDL Rack Hardware RDL 1 $341.60 $ 341.60 $ 341.60
RDL Rack Amplifier RDL 1 $136.64 $ 136.64 $ 136.64
Equipment Rack Middle Atlantic 1 $3,391.60 $ 3,391.60 $ 3,391.60
Projector Epson 1 $31,476.00 $ 31,476.00 $ 31,476.00
Projector Lens Epson 1 $5,350.92 $ 5,350.92 $ 5,350.92
Projector Mount (Wallmount w/extension column & Chief 1 $1,625.04 $ 1,625.04 $ 1,625.04
Projection Screen DaLite 1 $26,915.64 $ 26,915.64 $ 26,915.64
Intercom interface/FACP Atlas 1 $531.92 $ 531.92 $ 531.92
AV Receiver Extron 1 $2,998.76 $ 2,998.76 $ 2,998.76
AV Transmitter Extron 2 $1,873.92 $ 3,747.84 $ 3,747.84
AV Receiver Extron 1 $1,366.40 $ 1,366.40 $ 1,366.40
AV Control Processor (IPL 250 is retired) Extron 1 $1,683.60 $ 1,683.60 $ 1,683.60
AV Touchscreen (TLP 350 MV is discontinued) Extron 1 $2,693.76 $ 2,693.76 $ 2,693.76
AV Touchscreen User Interface Upgrade Link License Extron 1 $2,020.32 $ 2,020.32 $ 2,020.32
TLP Control Processor Upgrade Link License Extron 1 $1,403.00 $ 1,403.00 $ 1,403.00
Audio Mixer/DSP Biamp 1 $3,489.20 $ 3,489.20 $ 3,489.20
Intercom Shunt for DSP Biamp 1 $1,568.92 $ 1,568.92 $ 1,568.92
2 Neutrik Speakon 4 Pole NL4MP 1 Gang Wall Plate CBI 1 $75.69 $ 75.69 $ 75.69
Audio Amplifiers QSC 3 $3,254.96 $ 9,764.88 $ 9,764.88
Audio Player - Rackmounted Denon 1 $917.44 $ 917.44 $ 917.44
Dual Channel Wireless Mic systems - J52 Band Shure 1 $2,625.44 $ 2,625.44 $ 2,625.44
Assisted Listening System
(cabled system installed within walls) Listen 1 $5,121.56 $ 5,121.56 $ 5,121.56
Dynamic Handheld microphone w/onboard switch Shure 2 $253.76 $ 507.52 $ 507.52
Microphone stand Atlas 2 $346.48 $ 692.96 $ 692.96
Rack Blank pack and accessories Middle Atlantic 1 $244.00 $ 244.00 $ 244.00
Audio Mic Cabling - 650'
(cabled system installed within walls) Canare 2 $500.20 $ 1,000.40 $ 1,000.40
Audio Speaker Cabling - 300'
(cabled system installed within walls) Canare 4 $1,024.80 $ 4,099.20 $ 4,099.20
Audio Speakers EV 2 $1,568.92 $ 3,137.84 $ 3,137.84
3RU Rack Drawer Lowell 1 $566.08 $ 566.08 $ 566.08
Sequenced Power Controller for Audio Rack SurgeX 1 $2,630.32 $ 2,630.32 $ 2,630.32
Combo XLR audio wallplate, Single Gang Generic 6 $31.72 $ 190.32 $ 190.32
3.5mm audio wallplate, Single Gang Generic 1 $31.72 $ 31.72 $ 31.72
Uninterruptible Power Supply for Cafeteria Audio
Rack SurgeX 1 $3,508.72 $ 3,508.72 $ 3,508.72
Assisted Listening Hardware (LS-03 is discontinued) Listen Tech 2 $4,592.08 $ 9,184.16 $ 9,184.16
Antennae Cable - 500' (9913 010500) Belden 1 $3,103.75 $ 3,103.75 $ 3,103.75
Audio Amplifiers QSC 1 $1,866.60 $ 1,866.60 $ 1,866.60
Electro-Voice MB200 U-Bracket Kit for Select EV
Speakers - Black EV 2 $170.80 $ 341.60 $ 341.60
Electro-Voice MB 300 B Array-Kit with 2 Plates for
Sx300 Speakers EV 2 $187.88 $ 375.76 $ 375.76
2 Neutrik Speakon 4 Pole NL4MP 1 Gang Wall Plate CBI 2 $75.69 $ 151.38 $ 151.38
RDL Rack Hardware RDL 1 $341.60 $ 341.60 $ 341.60
RDL Rack Amplifier RDL 1 $136.64 $ 136.64 $ 136.64
SUBTOTAL $281,805.72 $ 266,304.24 $ 15,501.49
AD-300 Locksets Schlage 35 $ 5,300.00 $ 185,500.00 $ 185,500.00
SUBTOTAL $ 185,500.00 $ 185,500.00 $ -
TOTAL $ 1,701,044.00 $ 1,685,542.52 $ 15,501.49
$ 8,325,715.00 $ 6,680,758.12 $ 1,644,956.88
ELECTRICAL - LOW VOLTAGE SYSTEMS TOTAL
GRAND TOTAL - Capital Eligibility
GYM/Student Dining AV System
Lock Down System
Lock Down System
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF GENERAL SERVICES

*
BUILD= xier =a
SUSTAIN aa
EXHIBIT H
DistrictGeneralGuidelineforCapitalFinancingEligibility
[EXHIBITWILL APPEAR ON THE FOLLOWING PAGE]
General RestrictionsforCapitalFinancing Eligibility
Tobeeligibleforfundinginthecapitalbudget,aprojectmustresultinaDistrictownedasset,andbeofsufficientvalue(minimum$250,000)tobecarriedonthebooksassuchanddepreciatedoverthelifeoftheproject,whichisfiveormoreyears.
Ingeneral,tobecapitaleligibletheprojectmustalsoresultinoneofthefollowing:* Anew Districtownedasset,
* Increasethevalueofan existingDistrictownedasset,
et li Distric least2
I EligibleProjects/Activities
Thefollowingareexamplesofcategoriesofprojectseligibleforcapitalfinancing:
Constructionoracquisitionofa publicfacilitytobeowned,occupied,andforusebytheDistrictfortheusefullifeoftheasset.Large-scalereplacementandrehabilitationofexistingpublicfacilities
ImprovementstoeconomicdevelopmentprojectsownedbytheDistrictDesignworkrelatingtoanindividualcapitalproject(iftheprojectisimplemented/constructed).Landpurchasedforbuildingsites,recreation,rights-of-way,andotherpublicpurposesownedbytheDistrictandwithaccessandusebythegeneralpopulation.Replacementorrehabilitationofmajormechanicalsystems(suchasHVAC,Electricalorentirelightingsystems)orstructuralcomponentsofexistingpublic(Districtowned)facilities
Alterationofanexistingpublicfacilitytomakeitmorefunctionalfora newuse,includingtemporaryrelocationcostsofanexistinguseLightfixtures,shelving,theopeningdaycollections(inventory)oflibrarybooksforapubliclibrary(butnotforaschoolfacility!)Furniture,fixturesandequipmentassociatedwithconstructionorsubstantialrehabilitationofapublicfacility(nottoexceed10percentofproject’stotalbudget).Theitemsmustsupportthe
primaryfunctionofthefacilitybutarenotnecessarilyattachedasapartofthestructure.Specifictoschoolmodernizations-= Tables,chairs,desks,etcinaclassroomtomakeitfunctionalareeligible(butnotcligibleareerasers,trashcans,chalks,toys,miscellaneoussupplies)= Forafitnessroom,equipmentsuchasbikes,treadmills,largeequipmentiseligiblebutnotfreeweights,balls,bats,glovesmatsandthelike(thesearenoteligible).= Forlabs,theequipmentandsuppliesforthelabisineligible(microscopes,testtubes
etc.).Itemsinthepre-kroomsuchasplaykitchensandothertoyswouldnotbeeligible.BecausetheDC DepartmentofHealthoversees/runshealthsuites,FF&Einaschoolhealthroomisineligible.Musicequipment(with1exception),tabletopitemsinakitchensuchasblenders/mixers/meatslicersetc,telephones,variousart/pictures,certainclocks,certainspeakers,microphones,plastic/clothstackcots
inpre-krooms,etcaremanyoftheineligibleitems.EligibleFF&EforSmallCapsprojectswouldincludeHVAC systems(attachedtothefacility),playgroundequipment(installed)
Constructionandrehabilitationofrightsofwayandpublicinfrastructure(roadsandbridges),includingstormwatermanagementsystems)
ForShortTermFamilyHousing(STFH)completerenovations/majorrenovationsareeliincludes
thebeds,dresser,nightstand,refrigerator,couchesetc.Doesnotincludesoftgoodssuchaspillows,bedlinen,comforters,etc.‘Majorinformationtechnologyprojects(witha5yearminimumusefullifeand$250,000cost)Hazardousmaterialsremediationcosts,¢.g.,asbestosremovalandabatement,landfillclean-up,
etc.
GradingandsitepreparationworkLead/OtherToxinstestingorassessmentcostsareeligibleonlyduringtheconstructionperiodTreesplantedonpropertyownedbytheDistrictSignificantinformationtechnologyinvestments,includinghardwiringofa facility,hardware,andsoftwarepurchasesincludingthemanufacturer’sstandardtermofwarrantyPiecesofartworkinexcessof$250,000perunit(seefurtherdiscussioninitemIIIe)
Roofmembranesealing-oftenreferredtoasaGacoRoofor‘coolroof”.Useofthisprocessonaroofthatisduetobereplacedandisotherwisestructurallysound,precludestheneedtoremoveanypartoftheoldroofstructure,whileessentiallyreplacingtheroofwithanewguaranteeagainstleakage.SeeItemIIIh.belowforfurtherexplanationonconditionsforeligibility.SolarPanelswhichmust;betheexclusivepropertyoftheDistrict,beinstalledonDistrictownedassets,haveanestimatedeconomiclifeofmorethan25years,andhaveapositivereturnonthe
investment(measurableloweredenergycostsfromtheproject~identifiedasanoperatingimpactofcapital)Cloud-basedsoftware~mustincludeaclearcontractualagreementthattheDistrict’sdataremainsanasset,includesthedevelopment/cleansingofthedataforconversionandintegration.Ongoinglicensingisnoteligible(seeitemiinsectionIIIbelow)SmallCapprojectitemsmusthaveaunitcostof$5,000ormorewithaminimumusefullifeof3
years.Specificitemswhichareineligibleincludesecuritycameras,fencing,etc.Swingspacerequiredduringacapitalproject,butnotanyoverheadcostssuchaselectricity,water,securityattheswingspacelocation.LaborcostswithinaDCRA MOU forpullingpermits,andthecostofthepermits.Costofbuilders’riskinsurance.FacilityConditionAssessmentsforanapprovedcapitalprojectinthecurrentapproved6yearCIP.
dl. Not Eligible
Thefollowingareexamplesofcategoriesofprojects/activitiesNOT eligibleforcapitalfinancing:
ProjectdoesnotresultinasassetthatwillbeownedbytheDistrictfortheusefullifeoftheasset.Project(ortheworkbeingperformed)doesnotincreasethevalueofan alreadyexistingDistrictasset.
Project(orworkbeingperformed)doesnotincreasetheusefullifeofan existingDistrictassetbyaminimumoftwoyears.
Improvementstoprivateproperty,includingDistrictownedpropertyusedforprivatepurposes.ImprovementsmadebytheDistricttofederallyownedproperty.
Itemsthatarenotofapermanentnature,suchaswindowairconditioners,computers,windowcoverings,speakers,telephones,etc.SecuritycamerasareineligibleevenifattachedtoaDistrictfacilityandtoincludeanassociatedhardwaresuchasmonitors,servers,keyboards,etc.Onlythe
installationthatrequireswiringinthewalls(andthenassociatedPM costsarealsoeligible).Itemsthatarenotpermanentlyaffixedtoapublicfacilitysuchthatremovaloftheitemwouldcausedamagetothepublicfacility.Itemsinvolvingrecurringmaintenanceoffacilityorsystemsand/orfrequentrepairsItemsthatoccupyfloorspacebutrequirenopermanentconnectiontoutilities(hard-wiredto
electricalorgassupply)orthestructureItemsnotrequiringfloorspacebutthatsitontopofotherequipmentandwillrequirespecialoutlets.
Artworkwhichhaslessthan$250,000unitcost.
Specificexamples of itemsNOT eligibleforcapitalfinancinginclude:
* Realpropertypurchasedforre-saleintheimmediateorshorttermtoaprivateentityor
developer.
© Movingexpenses(contacttheOfficeofBudgetandPlanningifyouhavefurther
questionsonthisitem).
© Dailymaintenance
© Scheduledmaintenance
Itemsthatmaymeettheunitcostminimum,butwillnotbeinstalledintoapermanent
structure(ex.CostsforthesetupandtakedownofInaugurationStandsarenotcapital
eligible,butsomematerialsforthestandsmaybeeligibleandshouldbefundedwith
Paygo)
© FacilityConditionAssessmentsforfacilitiesNOT inthecurrentapproved6yearCIP.
Forexample,ifyou aredoinga conditionassessmentforwindows ofeverybuilding
managedbyDGS,toseeifwindowsneedtobereplaced,butyoudon’thaveacapital
projectapprovedandsetuptofundsaywindowreplacementinReevesbuilding(1ofthe
projectswhereassessmentsarebeingdone),andyounowwanttoreplacewindowsat
Reeves,giventheassessment,thentheFCA mustbefundedunderoperating.Ifawindow
replacementprojectforReevescomesintoexistenceandapprovedforfundingduringthe
yearoftheFCA, thentheexpenditurescanbe moved totheapprovedcapitalprojectfor
Reeveswindowreplacementifthecapitalprojecthasfundingavailable.
Extendedwarranties
Replacementfurniture,painting,carpeting
Replacementmodularfurniture
Groundsmaintenance
Replacementbooksforpubliclibraries
LibrarybooksorschooltextbookspurchasedaspartofaDCPSfacility
Modemization/Renovation
© CapitalorFinanceleasesorimprovementsonleasedpropertywheretheDistrictdoesnot
gainorhaveanopportunitytogainownershiptotheassetattheendoftheleaseperiodor
iftheleaseperioddoesnotcover75percentofthelifeofthefacility.Ifnoownership,
theleaseshouldbeclassifiedasanoperatinglease,usingoperatingbudget.
ii.
Technologyrefreshes(exceptformajorversionupgrades).Thesoftwareversionnumberistheindicatoroftheextentofanupgrade.Goingfromversion3.0.2toversion3.0.3is
notconsideredamajorupgrade.Movingfrom3.0.5to4.0isamajorupgrade—ascanbeseenfromthefirstnumbertotheleftofthedecimalplace.
IneligibleFF&E.Audio-visualequipmentincluding,TVs,receivers,securitycameras,speakers(PAand/orpureaudio),monitors,otherequipmentwithaperunitcostofless
than$5,000Exception:whiteboardsof>$5,000eachforschoolmodernization,includingthePCnecessarytoutilizethewhiteboard
MechanicalandHVAC systemmaintenance,exceptforreplacementofcomponentpartsthatextendtheusefullifeoftheasset,suchasamotororairhandler
SelfContainedBreathingapparatusastheperunitcostisgenerallynotatleast$5,000
Personalcomputers,laptops,pads,tablets,peripheralcomputerequipment,includingprinters,andtelephones
Moveablepartitions(notaffixedtothefloorsuchthatremovalcausesdamagetothefacility)
Windowguards(securitybars)
Windowmountedairconditioners
HelpDeskstaffingcosts
DailyCOVIDtestingforemployeesatworksites
RecurringbackhaulcostsforIT(thebackhaulportionofthenetworkcomprisestheintermediatelinksbetweenthecorenetwork,orbackbonenetworkandthesmallsub-networksatthe"edge"oftheentirehierarchicalnetwork
Serviceandmaintenanceagreementsonequipment
ITtraining(exception:travelexpensesforthetrainers—notthosebeingtrained-is
eligible)
ITcloud-basedservices~SeeItemIIIg.below.Exception:developmentofinterfaceapplicationswithDistrictownedITassetsiscligible
SpecificExamplesof‘Questionable’Project/ExpenseTypes
a, FTE’s:
b.CommunitygardensbuiltonDistrictownedproperty(Thesecannotbebooked
asassetssincethegardensdonotaddvaluetotheassetorextendthelifeoftheasset.Individualcomponents-aspresentedintherequestofSeptember2013-thefences,toolsheds,andthewateringsystems,canbebookedindividuallyasassetssincetheymeetthe$5,000assetvaluethreshold.Theremainderoftheitemsproposedaspartofthe‘gardens’donotqualifyindividuallyandwouldthushavetobeoperatingexpenses).

c.FacilitiesAssessments.Performingfacilitiesassessmentsarenotnormallyeligibleforcapitalbudgetfunding,exceptinthecasewheretherealreadyexistsanapprovedcapitalprojecttofundtheintendedwork,butanassessmentisneededtofleshoutallneededactivity.
4
|.CostsforPre-DevelopmentActivitiesoccurringpriortopurchasesuchasenvironmentalstudy,Geotechstudy,ALTAsurveyandappraisalareeligibleIF
thepurchaseoccursandwhichpointthecostscanbechargedtothecapitalprojectandarepartoftheexpensesoftheacquisitionoftheasset.
. Feasibilitystudiesandstrategicplans.Conductingfeasibilitystudiesonapossiblecapitalprojectdoesnotqualifysinceitdoesnotresultinanewdistrictasset(Initially,feasibilitystudiesmustbechargedasoperatingexpenses.)i,Resultingintheimplementationofaneligiblecapitalproject?(Ifa
study/charretteresultultimatelygetsincorporatedintothedesignofacapitalproject,thentheexpenditurecanbereversedfromoperatingandbechargedtocapital—asapartofthebookvalueoftheasset.)ii,Notresultingintheimplementationofan eligiblecapitalproject?(These
wouldremainoperatingexpenses.)
Costsassociatedwithbuild-outofleasedspacebyaDistrictagencyas“tenant”i.Minimumleaseterm?(ItmustbeaDistrict‘capital’lease,andthetermmustbeaminimumof10years.)1.A capitalleaseisdefinedbythefollowing;a,Ownershiptransfersatendoftheleaseterm,
b.PresentValueofminimumleasepaymentsmustbe>90%offairvalueoftheasset,c.Thereisno‘bargainpurchase’arrangementintheleaseand,d.Theleasetermisgreaterorequalto75%oftheeconomiclifeoftheasset.ii,Minimumcostthreshold?Likeallcapitalprojects~itmustbeaminimum
of$250,000intheagreed-tolease.Asareminder,FF&Eexpendituresareonlyallowableiftheirremovalwouldresultindamagetotheassetbeingleasede.g.thebuilding.Additionally,thechangesmustbepermanentinnature(evenafterourleaseexpires)and,mustbeforthebenefitoftheDistrictduringtheleaseterm.
Capitalbudgetsubsidiesforaffordablehousingunitsinprivatedevelopments(SincethesecostsdonotresultinaDistrictownedassettheycannotbechargedtocapital.We recognizethereisabenefittotheDistrictbut,wecannotbookanddepreciatethatbenefit.)Theineligiblesubsidiesincludethose:i.forpersonswithcognitivechallenges,
forpersonsearning0-70percentofAreaMedianIncome,iii,forrealpropertypurchasedforre-saletoaprivatedeveloper.

. SignageBuildingSignage-thatispartofanewbuilding'sconstructionorrenovationandintendedtobepermanentlyattachedisconsideredtobeincludedaspartofthe
totalbuildingprojectandcapitalizedifthetotalprojectcostis$250,000or
greater.
i.Signageisconsideredpermanentlyattachedwhenremovalofthesignage
wouldcausestructuraldamagetothebuilding,defacementtotheproperty,
damagetothesignand/orwouldrequireprofessionalremoval,suchasthe
removalbyaprofessionalelectrician.
ii,Examplesofsignageinnewbuildingconstructionorrenovationsthat
couldbepermanentlyattachedinclude:
1. Major buildingidentificationsignsplacedinsidethebuilding
structureateachmajorentrancewhich listdepartments,officesand
floors;Wall-mounted directionalsignagewhich reinforces
circulationwithinthebuilding;Exitandrestroomsignage;and
scoreboardsthatarepermanentlyattachedtothebuildingstructure.
LandImprovementsSignage-thatisoutsideandnotpermanentlyattachedtoa
buildingisconsidereda landimprovement.Signagethatispartofa land
improvementprojectshouldbeincludedinthetotalprojectcostandcapitalizediftheprojectcostis$250,000orgreater.
i.Examplesofsignagethatcouldbeconsideredlandimprovementsinclude
thefollowingpermanentlyaffixedsignage:
1. Identificationsignagewhich introducesand welcomes visitorsto
yourfacility.
2.Directionalsignagewhichoffermotoristsandpedestriansthe
directionandinformationtheyneedtomaketheirwayaroundyour
facilityandgrounds.
3.Signagelocatedoutdoorsandnotpermanentlyattachedtoa
buildingwhichidentifiesabuildingorlocationsonyourfacility
‘campus.
Signagethatisnotpermanentlyattachedtoa buildingorpermanentlyaffixed
outsideofa buildingshouldbecapitalizedasequipmentifthesignhasan
acquisitionvalueofat least$5,000andausefullifeexpectancyoffiveyearsor
greater.
ArtsProjects-Artsprojectsareeligibleonlyiftheycreateasinglecapitalassetwithaminimumcostof$250,000andtheusefullifeis5yearsormoreorin
limitedcaseswhereremovaloftheartworkcausesmajordamagetothefacility(muralsareconsideredpartofthestructure/facility;sculpturesarenotsincetheycanbeuninstalledandrelocated).Artworkcostinglessthan$250,000cannotbecapitalizedasaDistrictassetandmustbepaidforwithoperatingbudget.
CloudBasedSoftwareLicensing—andServices(versusHostedServices)i,Whenacloudcomputingarrangementdoesnotincludeasoftwarelicense,thearrangementwillbetreatedasaservicecontractandexpensedwithoperatingbudgetastheservicesarereceived.ii.Whenacloudcomputingarrangementincludeslicense(s)ofsoftware
Districtpolicyallowsfor“softwarewhichiscommerciallyavailableeitherbylicenseoroutrightpurchaseandmodifiedusingmorethanminimalincrementaleffort”e.g.
1.DoesourITdepartment-assumingtheyhavetheexpertise-havetherighttogoinandchangethecode(differentfromconfiguration)tomeetourneeds?2.Dowehavethecontractualrighttotakepossessionofthesoftwareatanytimeduringthehostingperiodwithoutsignificantpenalty?Ifwecan,thenweownanasset,andthefeeattributabletothesoftware
licenseportionofthearrangementshouldbecapitalized.Ifnot,wedon’towntheassetandthecostsshouldbeexpensedusingoperatingbudget.Further,istheuseofthelicensedependentonthemaintenanceagreement?Ifso,thesoftwareisnotcapitaleligiblesincewe'reessentiallyjustbeingallowedtousesomeoneelse’sproduct.iv.Ifcapitaleligible,beforebeingputintooperation,theexpenditureswillbe
classifiedbasedonthethreephasesofinternallygeneratedsoftware.

k. MiniParks—A planwaspresentedtodesignandconstructaminimumof four
(4)miniparks,andlocateeachinastandardon-streetparkingspacetoprovide
recreationalamenitiesinunderservedareasof theDistrict.The creationof these
“miniparks”do notgeneratea new districtowned asset,furtherisnotinnature
thereforetheparksasunitsarenotcapitaleligible.Permanentfixturesand wiring
withunitcostinexcessof$5,000mayqualifyasindividualcapitalassets.
1.Cool,Green/ SolarRoofs-DesignandconstructnewsustainableroofsonselectedDGSportfoliobuildings.Replacingroofs,bythemselves,doesnotincreasethevalueortheexpectedlifeoftheDistrictasse/buildingandthereforearenoteligibleascapital.However,replacementofanexistingroofthathasreachedtheendofitsusefullifeisaneligiblecapitalexpenditure.

m.LivingBuildingDesign/Construct—(seefeasibilitystudiesabove).
xn,ThefollowingspecificprojectshavealsobeendeterminedbytheCFOtobeineligibleforcapitalbudget:(thislistisreferenceforthetypesofprojectsthat

cannotbecapitalized).
‘OWNERAGENCY Prosect PROJECTTITLE
‘AMO-DEPARTMENTOFGENERALSERVICES ‘BCA01C_| HILLERELOCATIONOFGOV'TFAC.&FUNCTION
‘BDO-OFFICEOFMUNICIPALPLANNING PLNS7C__|DISTRICTPUBLICPLANS&STUDIES
'BXO-COMMISSIONONARTS&HUMANITIES ‘AW7GPC_|ARTS&HUMANITIESGRANTS&PROJECTS
evELOPMITNG ANDCOMM. 040026}PROPERTYACQUISITION&DISPOSITION

DEVELOPMENTEBO-DEPUTYMAYORFORECONOMIC Eoao2e| PENNSYLVANIAAVENUESEPROPERTIES&DEVELOPMENT BUSINESSGRANTS.'EBO-DEPUTYMAYORFORECONOMIC u283¢| GEORGIAAVENUEGREATSTREETS&BUSINESS,DEVELOPMENT. GRANTS,

RMO-DEPARTMENTOFBEHAVIORALHEALTH| _woxasc_|HOUSINGINMIATIVES
KA0-DEPARTMENTOFTRANSPORTATIONTb000|PARKING-PLANNINGKADEPARTMENTOFTRANSPORTATIONPb036__|PLANNINGANDDESIGNREVIEW
KAODEPARTMENTOFTRANSPORTATIONPaa046|ADVANCEDDESIGNANDPLANNINGKAODEPARTMENTOFTRANSPORTATION1776906|PERFORMANCEPARKINGENHANCEMENTS
TODEPARTMENTOFPUBLICWORKS SWSEIG|SucunsryCAMERAUPGRADE
LaDEPARTMENTOFCORRECTIONS ‘cRoose|UPGRADESCENTRALSECURITYCAMERAS
10DEPARTMENTOFCORRECTIONS ccxooac_|GENRENOVATUPGRDCNTRISECURITYCOMB
{20DEFARTMENTOFYOUTHREHABILITATION| surge|pyRS-MISCELLANSOSCAMPUSUPGRADES
KAO-DEPARTMENTOFTRANSPORTATIONcarrise|PAVEMENTMARKINGT0-DEDUTYMAYORFORECONOMICabDERTTY 154230_|POPLARPOINTENVIRONEMENTASSESSMENT
FBO-FIREANDEMERGENCYMEDICALSERVICES| NEW|SELFCONTAINEDBREATHINGAPPARATUS"20DEPARTMENTOFYOUTHREHABILITATION—| yey] IMPROVEMENTSTOINFRASTRUCTUREONsenvices FW |HOUSINGUNITS52DEPARTMENTOFYOUTHRERABIETTATION120DEPA new_|contro:centeUPGRADE
FAO-METROPOLITANPOLICEDEPARTMENT Naw| BODYiVETGLECAMERAS
IV. Short-TermBonds(formerlyMasterEquipmentLease/PurchaseFinancing)
CurrentlywearetransitioningawayfromwhatwehadcalledtheMasterEquipmentLease/Purchasetofinancesomeprojects,whichhaveausefullifeoflessthan25years(thedurationofourlongtermbonds).Thiswasactuallyapurchasearrangementthroughafinancingcompany.StartinginthelatterpartofFY2016wewillfinanceassetswithausefullifeof5-10years(fleet,equipment,andITtypesofassets)usingshort-termbondfinancing.
PleasecontacttheOfficeofBudgetandPlanningtodiscussanyquestionsyoumayhaveregardingspecificeligibilityforthisnewfinancing.
Te Ir in
$5,000andausefullifeofatleastfiveyears.
ThefollowingareexamplesofitemseligibleforShort-TermBondcapitalfinancin,

‘ModularbuildingsinuseforfiveormoreyearsOfficefurniture,includingmodularfurniture~onlyasapartofoverallbuildingrenovations(Seebulletunder“eligibleprojects”foradditionalinformation).Solarpanels,energyprojects,andenergymanagementsystems—witheconomiclifeofbetween5-10years.
Parkingmeters
Informationtechnologyinvestments,includinghardwiringofa facility,hardware,andsoftware
purchases(includingupgradeofversion,e.g.,fromversion1.0toversion2.0)includingthe
manufacturer’sstandardtermofwarranty
Software(ifitmeetscertainparameterse.g.cost,upgradeofversion,etc.)
Streetsweepers,roadmaintenance,andsnowremovalequipment
8
Fleetvehicles,includingfirstrespondervehiclesandschooltransportationvehiclesincludingbusesandvansTrafficlightsandcrosswalksignalsScoreboardsandfieldorstadiumlighting
Playgroundequipmentandoutdoorfixed-in-placeadultexerciseequipmentVotingmachinesHomelandsecurityandsurveillanceequipmentsystems—notincludingthecamerasLaboratoryequipment(withindividualvaluesinexcessof$5K)Broadcastandvideoequipment
ElectronicWhiteBoardsforschoolsmodernizationincludingthePCsnecessarytorunthemSecurityFencingandlighting,ifpermanentlymountedBuildingaccessequipmentandsecurityscreeningequipment(butnotcameras)Signage—sceIIIe.aboveforeligibilityElectronicSignage~seeIIIe.above.Buildingentrancecanopies
Trailers/Demountable”Units~mustbeplannedforuseof5 yearsorlonger.«Purchasingtrailers—eligible
+_ Installationof trailerspurchased or rented—eligible
+_ Installationof lines/connectionsetctotrailers— eligible
+ _ FF&E —ineligible(onlyfurniturebeingbought and thenplacedinsidetheschool/modernizationis
eligible,if thetrailersareforswing space etcformodernization)
Constructionwork toexistingtrailers— ineligible
Constructionwork to rental trailers— ineligible

‘Moreoncapitalleases:
Classifyingleases
Ifacompany’sleasemeetsanyofthecriteriabelow,itwillberequiredtorecorditsleaseasafinanceleaseunderthenewstandard:
1.Transferofownership:Theleasetransfersownershipoftheunderlyingassettothelesseebytheendoftheleaseterm.2.Bargainpurchaseoption:Theleasegrantsthelesseeanoptiontopurchasetheunderlyingassetthatthelesseeisreasonablycertaintoexercise.3.Leaseterm:Theleasetermisforamajorpartoftheremainingeconomiclifeoftheunderlyingasset,whichincludesrenewalperiodsreasonablyexpectedtobeexercised.4,Presentvalue:Thepresentvalueofthesumoftheleasepayments,andanyresidualvalueguaranteedbythelesseethatisnototherwiseincludedintheleasepayments,representssubstantiallyallofthefairvalueoftheunderlyingasset.5.Specializednature:Theunderlyingassetisofsuchaspecializednaturethatitisexpectedtohavenoalternativeusetothelessorattheendoftheleaseterm,

Balancesheets
Oncealeaseisclassified,bothtypesgoontothebalancesheetanyway.Thedifferenceliesinhowtheresultingexpensesareclassifiedinacompany’sincomestatement.
Foroperatingleases,theexpenseisrecognizedasarentexpenseandisrecordedinthefinancialstatementsundercostofsales/operatingexpenses.
Forafinancelease,though,theresultingexpensesarefoundintwodifferentareasoftheincomestatement.First,therightofuseassetisamortizedstraight-lineandisrecordedasanamortizationexpenseovertheshorteroftherelatedasset’seconomiclife,orthetermofthelease.Thesecondcomponentrelatestotheinterestexpenseontheassociatedleaseliability.
10
-1-
DESIGN-BUILD AGREEMENT
FOR
TUBMAN ELEMENTARY SCHOOL MODERNIZATION
BY AND BETWEEN
THE DEPARTMENT OF GENERAL SERVICES
AND
MCN BUILD, INC.
CONTRACT NUMBER: DCAM-23-CS-RFP-0008
-2-
PROJECT INFORMATION
A. PROJECT SUMMARY
1. Project Name:
Design-Build Services for Tubman ES
Modernization
2. Project Address: 3101 13th Street NW, Washington, DC
20010
3. Agreement Type: Design-Build with Guaranteed Maximum
Price
4. Client Agency: District of Columbia Public Schools
(“DCPS” or “Client Agency”)
5. Design-Builder: MCN Build, Inc.
6. Agreement Amounts:
i. Initial NTE: $8,067,481.00
ii. Project Budget: $84,000,000.00
7. Design-Builder Compensation:
i. Design Fee (including
Construction Administration): $5,130,000.00
ii. Design-Build Fee: $2,200,000.00
a. Base Design-Build Fee: (60% of
Design-Build Fee)) $1,320,000.00
b. At-Risk Design-Build Fee: (40%
of Design-Build Fee) $880,000.00
iii. Lump Sum General Conditions
Cost: $3,600,000.00
iv. Allowances:
$3,000,000.00 - Permit Allowance
(including cost for the Department of
Buildings’ Velocity Program ),
$900,000.00; Public Art Allowance ,
$450,000.00; Utility Allowance ,
$500,000.00; Public Space Improvements
Allowance, $650,000.00; and Six Months
Maintenance Allowance, $500,000.00.
-3-

v. Preconstruction Fee (15% of the
Base Design-Build Fee) $198,000.00
vi. Contingency: To be determined at GMP
8. Liquidated Damages: $2,500.00 per day
9. Disincentive Fee for Failure to
Timely Submit Deliverables:
$7,500.00 plus $500.00 per day, per
deliverable
10. GMP Basis Project Documents
Submission Date: August 08 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:
a. Period of Performance October 31, 2024
b. NTE Amount: $995,000.00
15. GMP Basis Project Documents Design Development Documents
16. Key Personnel Replacement: $25,000.00 per replacement
17. Assumptions and Clarifications Exhibit Y

Page 4 of 121

DESIGN-BUILD AGREEMENT
TUBMAN ELEMENTARY SCHOOL MODERNIZATION
DCAM-23-CS-RFP-0008
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 MCN
Build, Inc. a company duly organized under the laws of the District of Columbia, and with a
place of business at 1214 28th Street NW, Washington, DC 20007 (the “Design-Builder” or
“Contractor” and collectively, the “Parties”).
RECITALS
WHEREAS, the Department issued a Request for Proposals dated February 7, 2023
(the “RFP”) to engage a design -builder to prepare a design for and to construct and complete
the work at Tubman Elementary School (“Tubman ES”) Modernization located at 3101 13th
Street NW, Washington, DC 20010 (the “Project”);
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 /
preconstruction phase; and (ii) the construction phase;
WHEREAS, the Department requires that the Project be completed no later than July
15, 2026 (“Substantial Completion Date”);
WHEREAS, the Design-Builder submitted a proposal entitled “Design-Build Services
for Tubman Elementary School Modernization,” dated April 28, 2023 to provide design-build
services for the Project;
WHEREAS, the Department retained the Design -Builder to provide design -build
services for the Project , which is to include design, preconstruction , and construction and
construction administration services for Tubman 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;
WHEREAS, the Department has retained the services of a program manager (the
“Program Manager”) to advise it concerning the Project;
WHEREAS, the Department has established a budget and the Design -Builder will
conduct its work in accordance with an underlying budget for the Project, which includes but
is not limited to all design fees, hard and soft construction costs, fees, general conditions of the
Design-Builder, and including an allowance for the maintenance of the school and grounds per
the maintenance and operations plan until achieving Final Completion (such budget, the
“Project Budget”); and
WHEREAS, the Department and the Design-Builder entered into a letter contract dated
October 10, 2023 (the “Letter Contract”) pursuant to which the Design-Builder was authorized
to proceed with certain design , preconstruction, abatement, and demolition services in

Page 5 of 121

furtherance of the Project.
NOW, THEREFORE, the Department and Design -Builder, for the consideration set
forth herein, mutually agree as follows.
DEFINITIONS
Section 1.1. Administrative Term.
The Agreement shall have an administrative term (the “Administrative Term”) that runs from
the effective date of the notice to proceed to the Administrative Term Date set forth in the
Project Information Section above. In addition, 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 terms “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,
including construction administration services.
Section 1.6. Cost of General Conditions.
The Cost of General Conditions shall have the meaning set forth in Section Section 8.2 of this
Agreement.
Section 1.7. Contract Documents.
The term “Contract Project Document(s)” refers to one or more components of the Project
documents that comprise the Agreement 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.

Page 6 of 121

Section 1.8. Design/Preconstruction Phase Services.
The services to be provided under Article 3 constitute the design & preconstruction phase
services to be performed by the Design-Builder.
Section 1.9. Drawings.
The drawings are the graphic and pictorial portions of the 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, a ny 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

Page 7 of 121

Design-Builder. Such schedule shall include a baseline schedule as updated periodically by
the Design-Builder, approved by the Department. The Project Schedule shall not be changed
except by a Contract Modification, Change Order or Change Directive issued by the
Department’s CO or Contracting Officer. The Project Schedule shall be in a form and contain
such detail as may be agreed upon by the Parties.
Section 1.17. Self-Performed Work.
The parties hereby agree that “Self -Performed Work” means and shall encompass trade work
performed by employees of (1) the Design-Builder; (2) any entity that is a partner or member
of the entity comprising the Design-Builder; (3) any entity that controls, is controlled by, or is
under common control with the Design -Builder; or (4) any 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 p erformed 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,
General 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) a temporary certificate of occupancy 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

Page 8 of 121

Substantial Completion Date ; (5) Draft Warranties have been submitted and approved; all
clean-up required by the Agreement has been completed; (6) the Project has obtained DC
Department of Health approval of the kitchen and health suite; (7) the Project site has been
deep cleaned and cleared of any debris; (8) the 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 9 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 10, 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 endeav or 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 the District’s or Federal government’s 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 10 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 Tubman Elementary School, located at 3101 13th Street NW, Washington, DC 20010. The
Project includes full design and construction services for an approximately 10,100 square foot
school facility for Tubman Elementary School. The Design-Builder shall provide a complete
renovation of the existing building and a new construction addition to best execute the school’s
programmatic needs. The Design Builder shall coordinate and advise on a design that is most
advantageous to add a new addition that is aligned with the DCPS Educational Specifications.
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
Contract Documents.
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.
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 meets the requirements of Appendix Z of
the 2017 DC Energy Conservation Code and can be certified Net Zero Energy
through 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. The District anticipates an early start agreement (“ESA”) and
subsequent one GMP package.
During the Construction Phase, the Design -Builder shall construct the Project and provide
construction administration services. 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 to fully complete the Project in accordance with
the drawings, specifications, Project S chedule, and Project B udget 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 and the like.

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Section 2.6. Program Manager.
The Department has engaged a Program Manager to provide certain program management
functions. Such Program Manager shall, at all times, be acting solely for the benefit of the
Department, not the Design-Builder. The Design-Builder hereby acknowledges and agrees that
only a duly authorized and designated Contracting Officer shall have the authority to issue
Change Orders, Contract Modifications, or Change Directives on the Department’s behalf. As
of the date that this Agreement is executed, the Department’ s duly authorizing Contracting
Officers are set forth in Exhibit I.
Section 2.7. General Description of Design-Builder’s Duties.
Generally, the Design -Builder shall perform the Services in a professional workmanlike
manner. The Design-Builder shall supply and furnish at the location where the Work is to be
performed all design service, labor, materials, equipment, tools, services, and supervision, and
shall bear all items of expen se, 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 the Work and shall be provided by the Design-Builder at Design-Builder’s
sole expense.
The Design-Builder will be required to work with the Department and the Project stakeholders
through a collaborative design process to advance the programmatic 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 DCPS.
Section 2.8. Warranties 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 -Builder’s construction or
design experience and qua lifications, 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 Section 2.8 shall apply during both the Design
& Preconstruction and Construction Phases.

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Section 2.9. Responsibility 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, material suppliers, and laborers, and
the agents and employees of the Subcontractors, Sub-Subcontractors, material suppliers, and
laborers performing or supplying Work in connection with the Project.
Section 2.10 Building Information Modeling . Building Information Modeling
(“BIM”) is required to be used throughout the lifecycle of the Project, including all Project
phases from Project planning and concept design through 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 requ ested 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 3.1. 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 submit soft and hard copies
of the complete set of 35% Schematic Design Documents; (iv) prepare and submit soft a nd
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 & Precons truction Phase, the Design -Builder shall schedule and attend regular
meetings with the Department, the Program Manager, and the Design -Builder’s
Architect/Engineer.
Section 3.1.1. 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 it additional systems need to be added as part of this Project.
Such report shall take into consideration the nature of this Project and the proposed educational
specifications (“Educational Specifications” or “Ed Specs”). This report shall assess all of the
building’s key systems, in cluding, but not limited to HVA C, kit chens, roof, windows,
electrical, lighting, audiovisual 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 a nd 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 da tes 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

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a minimum, on a bi -weekly basis. In addition to the bi -weekly Project schedule, a weekly 3-
week look ahead schedule shall be required. The Project schedule is attached as Exhibit 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 requires 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 ration ale and cost implications associated with such
deviation. The Department shall have the right to disapprove the concept design submittal for
any reason. Following the review of the concept design submissions by DCPS and the
Department, the Department shall approve a final concept design. The Design -Builder shall
make revisions to 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 tha t such revisions will be required, and such revisions shall not entitle
the Design-Builder to additional compensation. The requirements for the Concept Design are
as referenced in Exhibit W.

Section 3.1.1.3 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 sys tem. The
Design-Build Fee, the cost of general conditions, and contingenc ies shall be broken out into
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 (Reserved)
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 f or 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.

Section 3.1.1.6 Disincentive Fee for Failure to Timely Provide Deliverables.
The Design -Builder acknowledges that the Department is engaging the Design -Builder to
provide an extensive level of preconstruction support services to minimize the potential for
cost overruns, schedule delays , or the need for extensive Value Engineering/re -design late in

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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 the 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 addition to those items enumerated above, the Design -Builder shall provide such
preconstruction services as are necessary to properly advance the Project. These services shall
include but are not limited to, scheduling, estimating, shop-drawings, the ordering of long-lead
materials, condition assessments, conservator studies, 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-Builder shall meet with the representatives of the Department and Client Agency
throughout the Design & Preconstruction Phase as the design progresses in order that these
representatives and other stakeholders can have input in and approve the design direction at
appropriate times. The Design -Builder shall 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 li censed 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 Design Management.
During the Design and Preconstruction Phase, the Design -Builder, in consultation with the
Department, shall (i) develop conceptual plan and cost estimates; (ii) develop a draft final
conceptual site plan/response and cost estimate; (iii) prepare and submit and soft copies of the
complete set of 35% Schematic Design Documents; (iv) prepare and submit soft copies of the
complete set of 60% Design Development Documents, Specifications and Design -Builder’s
cost estimate and schedule; (v) prepare soft copies of the complete set of 95% Construction
Documents, Specifications and D esign-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

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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 Project budget and programmatic
requirements, as the same was 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 that is a logical development of the
approved concept design and is consistent with the Project S chedule, Project B udget, and
programmatic requirements. The schematic design shall contain at least the level of detail
contemplated in a schematic design under industry best practices. 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 Department, 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 the 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 the Value Engineering analysis and detailed
recommendation for Project savings (even if the Project is not over budget). To the extent the
budget update shows an overrun from the approved budget, the Design -Builder shall submit
Value Engineering (not scope reductions, but true Value Engineering that allows the design to
meet all Project requirements within budget) suggestions that would return the Project to
budget. Only the Department shall have the authority to increase the Project Budget, and absent
such direction, the Deign-Builder shall proceed on the assumption tha t the budget remains as
originally directed by the Department.

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Section 3.1.3.1.3 Constructability/Sole Source/Long-Lead Time Memo.
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 Agreement . To the extent any such long -
lead items are identified, the memorandum sha ll 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 (“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 a pproved schematic design and shall e xplain the
rationale and cost implications associated with such deviation. The Design -Builder shall
include a cost estimate and Value Engineering analysis and detailed recommendation for
Project savings (even if the Project is not over budget). The Design-Builder shall provide
maintenance and repair cost services, which includes conducting a 40 -year life cycle cost
analysis, which includes a detailed list of replacement costs, maintenance costs, an estimate of
repair costs, anticipated energy costs, and a list of other relevant life cycle costs. The Design-
Builder shall further refine and expand upon the Maintenance and Operations Plan that was
submitted in the Schematic Submission. The Department shall have the right to disapprove the
Design Development Documents submittal for any reason.
Section 3.1.4.1 Design Development Submission.
The Design-Builder shall prepare the design development submission for review and comment
by the Client Agencies and the Department. Such design development submission shall include
the elements and information listed below:
The design development submittal shall include at least, but not limited to, the following:

a) Detailed and dimensioned plans, wall sections, building sections, and
schedules;
b) Draft Specifications for materials, systems, and equipment;
c) Complete code compliance analysis and drawing;
d) Space-by-space equipment layouts for key spaces. As part of the design
development phase, the Design -Builder and/or the Design -Builder’s
architect and any design consultants shall confer with representatives from

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DCPS and the Department regarding these layouts to confirm that they are
acceptable to DCPS;
e) A final design and lay-out for furniture, fixtures, and equipment;
f) An interior finishes schedule;
g) Preliminary designs for all building system upgrades, including low
voltage/AV/IT. With regard to HVAC systems, the 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 USGBC for Net Zero Certification
l) Net Zero Energy Report that includes all recommended strategies applicable
to achieving a Net Zero Energy ready building.
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;
vii. Stormwater management;
viii. Food service or other equipment as required;
ix. LEED Information as appropriate;

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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 schematic 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 Design Development
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 funding release 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 su ch 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.

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

During the Design & Preconstruction Phase, the Design -Builder shall cause the Design-
Builder’s Architect to prepare the design development documents, which will serve as the GMP
basis project documents (“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 Do cuments will be incompl ete 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 l ogical development of the design intent reflected in the GMP
Basis Project Documents, for an amount not to exceed the Guaranteed Maximum Price.
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.
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 (t he “Contingency”). During the Construction Phase, the Design -

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Builder shall keep the Program Manager and the Contracting Officer informed as to the status
of the Contingency and shall, at a minimum: (i) advise the Program Manager and Contracting
Officer when draws reach 3% upon the contingency in a timely manager; and (ii) provide the
Program Manager and Contracting Officer with running status of the Contingency balance at
least once every two (2) weeks.
4.4 Trade Bids.

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 r eview 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.
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 which will be performed by
District residents. The Design -Builder shall carefully document its procedures for making
available bid packages to potential bidders, the contents of each bid package, discussions with
bidders at any pre-bid meetings, bidders’ compliance with bid requirements, all bids received,
the Design -Builder’s evaluations of all bids, and the basis for the Design -Builder’s
recommendation as to which bidders should be chosen. The Department shall be afforded
access to all such records at all reasonable times so that, among other things, it may
independently confirm the Design -Builder’s adherence to all requirements set forth in the
Agreement, including, without limitation, affirmative action requirements and subcontracting
requirements.
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

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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.
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.
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 Department of Buildings’ (“DOB”) Velocity Program)
($900,000.00), Public Art Allowance ($450,000.00), Utility Allowance
($500,000.00), Public Space Improvements Allowance ($650,000.00), and
Six Months Maintenance 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 Completi on 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

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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 Allowance(s), each of which shall be identified
as a separate line item in the GMP's Schedule of Values.
A. Construction contingency
i. The Design-Builder’s Contingency shall be utilized to compensate for
the increased Cost of the Work incurred by the Design -Builder due to
unforeseen circumstances relating to construction of that Project which
resulted in an unavoidable increase in cost s, 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 or charges
that could have been charged to the Design-Builder’s Contingency shall be
the sole responsibility of the Design-Builder.
ii. If bids are received below the applicable line items in the GMP, the
surplus will be added to the Design-Builder’s Contingency for that Project.
If bids exceed the agreed-upon 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 cause 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 Owner contingency. Any unused Contingency, whether
Department Contingency or the Design -Builder Contingency, shall be
reconciled to a zero balance via a Contract Mo dification upon Final
Completion.
ii. When the Design -Builder proposes to use the Owner contingency, the
Design-Builder shall prepare an RCO, identifying the amount sought to be
charged to the Owner contingency, the reasons why the amount should be
charged to that Contingency and demonstra ting 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.

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Before payment or as part of an audit, the Design -Builder and the
Department shall have authority to verify the actual costs incurred. No costs
may be charged to the Owner contingency until the RCO is approved in
writing by the Department and becomes a Change Order.
iii. The Owner contingency shall be an amount, determined by the
Department, which will be available to compensate the Design -Builder for
the increased Cost of the Work incurred by the Design -Builder due to a
Contract Modification or to other increases in the Cost of the Work which
the Department determines, in its sole discretion, is its responsibility. The
Department may increase, decrease or eliminate the Owner contingency at
any time.

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.
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 Distri ct of Columbia (the
“Council”) in the event it exceeds the previously approved not -to-exceed limit established in
the Agreement by more than $1 million. In such an event, the GMP shall not be effective until
so approved and executed by the Parties.
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.

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.
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

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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 W ork, is fully familiar with all of the conditions
thereon and affecting the same, and, has carefully examined all drawings and specifications
provided to it.
4.12 Unsafe Materials and Hazardous Materials

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.
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, incl uding, 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.
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.
4.13.4 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
5.1 General.
The Construction Phase shall not commence until the Department issues a Notice to Proceed
for Construction Phase Services. The Design -Builder shall, through 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 Desi gn-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
functions at a lower level of functionality as a result of the Design-Builder’s Work, the Design-
Builder shall be back-charged the costs incurred by the Department in addressing the decreased
functionality.

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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-Builder shall prepare a set of Construction Documents. It is contemplated that the
Construction Documents will be issued in several different sets (i.e. archi tectural, 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 Construction Project Document Review & Coordination.
The Design-Builder shall complete each of the Construction Documents packages in a manner
that addresses the concerns raised by the 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 that represents
a material deviation from the approved Design Developm ent 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 t he 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 (“Drawing s and Specifications”) and without any entitlement to
an increase in the GMP or an adjustment of the Project Schedule.
5.2.3. Code Review.
The Design-Builder shall submit the Permit Set to the Department of Buildings (“DOB”) in
order to obtain the necessary building permits for the Project. The Design -Builder shall
monitor the permit process and shall incorporate any changes or adjustments required by the
Code Official. The Design-Builder shall also issue any such changes to the Department for its
review and approval. In this submittal, the Design-Builder’s Architect shall highlight (or
bubble) any aspect of the design that represents a material deviation from the permit set Project
documents and shall address in a narrative format the impact, if any, such departure shall have
on the Project’s aesthetics, functionality or performance. Subsequent to obtaining the necessary
building permits, the Design-Builder shall prepare one or more sets of “issued for construction
Project documents” (the “IFC Set(s)”).
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

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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.
5.2.5 Third Party Contractors.
The Department will hire third party contractors for plan review and for testing and material
inspections. The Design -Builder shall coordinate and work with the Program Manager and
third-party plan reviewer during the building permit process.
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 Desi gn-Builder’s
maintenance of the building following Substantial Completion.
Section 5.3 Subcontracting and Administration

Section 5.3.1
It is contemplated that all or 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-Builder shall enter into a
written agreement with each subcontractor. The trade subcontractors will be underwritten
contract with the Design-Builder. All subcontracts and agreements for the supply of equipment
or materials awarded for the Project shall be fixed -price contracts unless otherwise expressly
authorized by the Department, in writing. It is understood and 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.
Section 5.3.2
In addition to the open book reporting requirements set forth in Section 5.10, the Design -
Builder shall provide to the Department a copy of all quotes or proposals submitted by potential
subcontractors.
Section 5.3.3
The Design-Builder shall develop a purchasing strategy to address the expedited schedule and
conditions of this Project and shall include appropriate provisions in the subcontracts to
minimize the cost impact associated with such conditions. Such strategi es may include, but
are not limited to (i) obtaining from subcontractors unit price quotes for typical coordination
items; (ii) setting aside allowances for coordination work; and (iii) such other techniques as
may be employed by the Design-Builder.
Section 5.3.4

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The Design-Builder shall carefully document its procedures for making available bid packages
to potential bidders, the contents of each bid package, discussions with bidders at any pre -bid
meetings, bidders’ compliance with bid requirements, all bids received, the Design -Builder’s
evaluations of al l bids, and the basis for the Design -Builder’s recommendation as to which
bidders should be chosen. The Department shall be afforded access to all such records at all
reasonable times so that, among other things, it may independently confirm the Design -
Builder’s adherence to all requirements set forth in the Agreement including, without
limitation, affirmative action requirements and subcontracting requirements.
Section 5.3.5
The Department may, in its sole discretion, reject any or all bids and proposals received for
any bid package, and may require the Design -Builder to obtain new or revised bids or
proposals.
Section 5.3.6
The Department may, in its sole discretion, direct the Design -Builder to accept a bid from a
qualified bidder other than the bidder to whom the Design -Builder recommends award of a
subcontract or supply agreement. If the Department chooses this option, it shall issue a Change
Order to the Design -Builder for any difference between the cost of the subcontractor supply
agreement awarded and the bid price of the Subcontractor or supplier recommended by the
Design-Builder, but without any adjustment to the Design-Build Fee.
Section 5.3.7
The Department must approve all Subcontractors and suppliers. The Department may elect to
review the form of any subcontractor agreement with a material supplier to ensure that such
contract incorporates the contractual provisions required by this Agreement.
Section 5.3.8
The Design-Builder must contract for the provision of all services and materials for the Project
(other than Self-Performed Work which must be authorized in advance and in writing by the
Department) via written subcontracts or, for contracts requiring the provision of materials or
equipment only, and not labor, via written supply agreements. All subcontracts and supply
agreements shall include the following provisions:
Section 5.3.8.1
That, to the extent of the work or 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;

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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);
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

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on late payments, and barring reimbursement for interest paid to lower-tier Subcontractors or
suppliers due to a Subcontractor’s or supplier’s failure to pay them in a timely fashion;
Section 5.3.8.12
A provision requiring that all Subcontractors at all tiers comply with the provisions of Article
13 (Economic Inclusion Goals); provided, however, that the Design -Builder may, in its
reasonable discretion impose a different LSDBE subcontracting goal on some or all of its
Subcontractors; provided, further, however, that nothing in this provision shall be deemed to
excuse the Design -Builder from using its best efforts to achieve the LSDBE subcontracting
goal on an aggregate basis for the Project;
Section 5.3.8.13
A provision which allows the Design -Builder to withhold payment from the Subcontractor if
the Subcontractor does not meet the requirements of the subcontract;
Section 5.3.8.14
Lien and claim release and waiver provisions substantially identical to those in this Agreement.
Section 5.3.9
Within seven (7) calendar days of receiving any payment from the Department that includes
amounts attributable to Work performed or materials or equipment supplied by a Subcontractor
or supplier, the Design -Builder shall either pay the Subcontractor or sup plier 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 wit hhold 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.
Section 5.3.10
The Design-Builder shall not enter into any profit sharing, rebate, or similar arrangement with
any Subcontractor or supplier at any tier with respect to the Project or the Work to be carried
out for the Project.
Section 5.3.11
The Design-Builder shall not substitute or replace any subcontractor or supplier approved by
the Department without the Department's Contracting Officer and DSLBD’s prior written
consent.

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Section 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.
Section 5.3.13
If it comes to the Department’s attention that a Subcontractor or supplier has not been paid in
a timely fashion (other than for disputed amounts), and if the Design -Builder fails to cure the
problem within five (5) 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).
Section 5.3.14
The Design-Builder shall be required to provide an evaluation of each of its subcontractors’
performance by completing and submitting to the Department the Subcontractor Performance
Evaluation Form set forth as Exhibit O, as follows:
(a) Within ninety (90) days of initiating the Construction Phase; and
(b) Within thirty (30) days after Final Completion of the Project.
Section 5.3.15
The Design -Builder shall be required to provide to the Contracting Officer a certificate of
insurance for each subcontractor before such subcontractor begins work.
Section 5.4 Weekly Progress Meetings & Schedule Updates.

The Design -Builder shall schedule and conduct, at a minimum, weekly progress meetings
following the Design -Builder’s generated agenda at which the Department, the Design-
Builder’s Architect, the Program Manager, the Design-Builder, and appropriate Subcontractors
can discuss the status of the Work. The Design -Builder shall prepare and promptly distribute
meeting minutes. In addition, the Design -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

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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 extension of time and
shall not operate to change the scheduled completion date(s). The Department’s receipt of, and
lack of objection to, any schedule update showing Substantial Completion or Final Completion
later than the dates agreed upon in the Project Schedule shall not be regarded as the
Department’s agreement that the Design-Builder may have an extension of time, or as a waiver
of any of the Department’s rights, but merely as the Design-Builder’s representation that, as a
matter of fact, Substantial Completion or Final Completion of the Project may not be completed
by the agreed-upon date in the Project Schedule. Changes to the scheduled completion dates
may be made only in the circumstances and only by the methods set forth in this Agreement.

Section 5.5 Written Reports.

The Design-Builder shall provide written reports to the Department on the progress of the entire
Work at least monthly from Preconstruction Notice to Proceed until Final Completion of the
Project. The monthly report shall include: (i) an updated schedule analysis, including any plans
to correct defective or deficient work or recover 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:
Section 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.
Section 5.5.2 Cost Update.
The monthly update shall reflect, by Guaranteed Maximum Price line item, the original line -
item amount, approved, pending, and projected Change Order amounts, the cost incurred to
date, the 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 inc luding “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 fr om 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.
Section 5.5.3 Economic Inclusion Report.
The monthly report shall include a detailed summary of the Design-Builder’s efforts and results
with respect to the economic inclusion goals set forth in this Agreement. Such report shall be
in a format acceptable to the Department and shall include, at a minimum: (i) the Design -
Builder’s overall performance with respect to the goals; (ii) a listing of subcontracts and
agreements with material suppliers during the month and the percentage of those subcontracts

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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.
Section 5.5.4 Cash Flow Update.
If there have been any changes to the anticipated cash flow for the Project, such changes shall
be disclosed and explained in the monthly report. If there are no such changes, the report shall
so state.
Section 5.5.5 Quality Assurance Report.
The monthly report shall include a detailed summary of the steps that are being employed to
ensure quality construction and workmanship. Each report shall specifically address issues
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.
Section 5.5.6 Progress Photos.
The monthly report shall include updated progress photos that shall detail changes in the Work
during the month. The Design-Builder shall also maintain a daily log containing a record of
weather, 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 month ly 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 p rogress 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 carry out its duties, the Design-Builder shall provide at least the key personnel identified in
Exhibit F to this Agreement (“Key Personnel”), who shall carry out the functions identified in
Exhibit F. Among other things, the Key Personnel shall include:
A - Key Personnel of the Design-Builder:
i. Project Manager;
ii. Superintendent; and
iii. Project Executive.

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

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

It is contemplated that these Key Personnel will work from the design stage, purchasing, and
throughout the bulk of the fieldwork. The Design -Builder’s obligation to provide adequate
staffing is not limited to providing the Key Personnel but is determined by the needs of the
Project. 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 be entitled to complete information before
approving such replaceme nt, including, but not limited to, a current resume of the proposed
replacement to include qualifications and experience.
Section 5.7.2

Certain members of the Design-Builder’s Key Personnel shall be subject to a replacement fee
for their removal or 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.

Section 5.7.2.2

In addition, the Department shall have the right, to be exercised in its sole discretion, to
remove, replace, or to reduce the scope of services of the Design -Builder in the event that a
member of the Key Personnel has been removed or replaced by the Design -Builder without
the prior written consent of the Department ’s Contracting Officer . In the event , that the
Department exercises the right to remove, replace or to reduce the scope of services of the
Design-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

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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
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 dire ctions shall be given only to
the Design-Builder.
Section 5.11 Claims for Additional Time.

Section 5.11.1
Time is of the essence of this Agreement. The Project must be Substantially Complete no later
than the Substantial Completion Date set forth within the Project Information Section above.
Section 5.11.2
The Design-Builder will perform the 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 defin ed in Section 5.11.3,
the delay shall be deemed Non -Excusable and the Design -Builder shall not be entitled to an

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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
Delays due to job site labor disputes, work stoppages, or suspensions of work;
Section 5.11.2.2
Delays due to adverse weather, unless the Design-Builder establishes that the adverse weather
was of a nature and duration in excess of averages established by data from the U.S. Department
of 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
Delays due to Site Conditions whether known or unknown as of the effective
date of the Agreement, foreseeable or unforeseeable at that time, naturally
occurring or man -made; provided, however, that delays due to differing Site
Conditions as permitted by Article 4, Section A of the Standard Contract
Provisions (Construction Contracts) or Hazardous Materials Remediation shall
be deemed an Excusable Delay.
Section 5.11.3
The Design -Builder shall be entitled to an adjustment in the Substantial
Completion Date due to an Excusable Delay. The term “Excusable Delay” shall
mean:
Section 5.11.3.1
Delays due to adverse weather other than those that are classified as a Non -
Excusable delay in accordance with Section 5.11.2.2 of this Agreement;
Section 5.11.3.2
Delays due to acts of God, war, unavoidable casualties, civil unrest, and other
similar causes of delay that are beyond 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

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Section 5.11.3.3
Delays 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.
Section 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, o nly one claim is
necessary.
Section 5.11.5
In no event shall the Design-Builder be entitled to an increase in the GMP or the Design-
Build Fee as a result of either an Excusable or Non -Excusable Delay ; provided,
however, that to the extent that a delay is: (i) an Excusable Delay; (ii) of unreasonable
duration; (iii) caused solely by the Department; and (iv) not concurrent with any other
delay, then the Design-Builder shall be entitled to receive its actual costs, including all
direct and indirect costs, bonds and insurances resulting from such extend ed 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 th e preceding
sentence.
Section 5.12 Site Safety and Clean-Up.

Section 5.12.1
The Design-Builder will be required to provide a safe and efficient site, with controlled access.
As part of this 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).

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Section 5.12.2 Safety Plan.
Prior to the start of construction activities, the Design -Builder shall prepare a safety plan for
the construction phase conforming to OSHA 29 CFR 1926 (such plan, the “Safety Plan”).
Pursuant to OSHA 29 CFR 1926, the Design -Builder shall provide all employees with the
necessary Personal Protective Equipment (“PPE”) to comply with all COVID -19 regulations,
and shall additionally require anyone on site to comply with any PPE requirements. This Safety
Plan developed by the Design-Builder shall describe the proposed separation and the specific
nature of the safety measures to be taken including fences and barriers that will be used as well
as the site security details. The Safety Plan will be submitted to the Department and Client
Agency for their review and approval prior to the commencement of construction. Once the
Safety Plan has been approved, the Design -Builder shall comply with it at all times during
construction. The Design -Builder shall be required to revise the Safety Plan as may be
requested by the 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 en title 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).
Section 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.
Section 5.12.4 Site Security.
The Design-Builder shall be responsible for site security and shall be required to provide such
watchmen as are necessary to protect the site from unwanted intrusion. Site Security shall be
included in the Design-Builder’s General Conditions Cost.
Section 5.12.5 Exculpation.
The right of the Department and Client Agency to comment on the Safety Plan and the nature
and location of the required fences and barriers shall in no way absolve the Design -Builder
from the obligation to maintain a safe site.
5.12.6 Site Cleanliness.
During the Agreement performance and/or as directed by the Department’s Program Manager,
as the installation is completed, the Design -Builder shall ensure that the site is clear of all
extraneous materials, rubbish, or debris.

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

Section 5.13.1 Workhours.
The Design-Builder shall comply with the Noise Ordinance and neither it nor its subcontractors
shall undertake work on the Project site other than at the times and sound level permitted by
the Noise Ordinance.
Section 5.13.2 Site Office.
Throughout the Project, the 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 theses Site Office(s) shall be included as part of the Design -Builders’s general conditions
cost.
Section 5.13.3 Parking.
The Design-Builder shall organize its work in such a manner so as to minimize the impact of
its operations on the 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.
Section 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.
Section 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.
Section 5.13.6 Supervision.
Throughout the Work, the construction office shall be managed by personnel competent to
oversee the Work at all times while construction is underway. Such personnel shall maintain
full-time, on -site construction supervision and provide daily inspections, quality control,
monitoring, coordination of various trades, record drawings, and daily work log.
Section 5.14 Close-out & FF&E.

Section 5.14.1
A detailed list of FF&E requirements will be developed during the design & Preconstruction
Phase and attached hereto as Exhibit N.

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Section 5.14.2 Punchlist.
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.
Section 5.14.3 Warranties & Manuals.
Prior to Substantial Completion and no later than fifteen (15) days following Substantial
Completion, the Design-Builder shall prepare and submit the following Project documentation:
(i) a complete set of product manuals ( “O&M”), training videos, warranties, etc.; (ii) attic
stock; (iii) an equipment schedule; (iv) a proposed schedule of maintenance for the new
building; (v) environmental, health and safety Project documents for the renovated building;
and (vi) all applicable inspection certificates/permit s (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.
Section 5.14.4 Support for Initial Heating & Cooling Season.
The Design -Builder and its mechanical subcontractor shall provide support to the Client
Agency and the Department during system start-up and in initial operation for the first heating
and cooling season after Substantial Completion is achieved.
Section 5.14.5 Training.
The Design-Builder shall provide training to Client Agency staff on all of the building systems.
The Design -Builder shall be required to schedule such training sessions and shall use
commercially reasonable efforts to ensure all such training occurs prior to Final Completion.
All training shall be electronically recorded and turned over to the Department for future use.
Section 5.14.6
The Design-Builder shall assist Client Agency in relocating FF&E and other items as necessary
within the renovated 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

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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.

Section 5.18.1 General Obligation.
The Design-Builder shall be responsible for all activities necessary to execute, manage, control,
and document work for ensuring compliance with the contract documents. The Design -
Builder’s responsibility includes ensuring adequate quality control services are provided by the
Design-Builder’s employees, its subcontractors, vendors & suppliers at all levels from concept
to completion including site assessment -investigations/discovery, schematic design
development, pre-construction, 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 Q C Program requirements. These requirements describe design &
construction phase stipulations driving satisfactory integration of Definable Features of Work
(“DFOWs”) identified by DGS as being essential to overall Project success.
Section 5.18.2 Quality Control Plan.
Within thirty (30) days after the Notice to Proceed (NTP), the Design -Builder shall develop a
Quality Control 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 procedure s, 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

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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 concre te 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
Department’s Quality Control Master Program 3-phase checklists recommended to be
undertaken by both design & construction teams. Prior to the construction phase commencing,
the Design -Builder must advise the Department regarding the status of their drawing &
specification documents, from a percentage completion standpoint. For that matter, the design
phase quality control effort shall provide 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.
Section 5.18.3 Implementation.
During the Construction Phase, the Design -Builder shall perform regular quality control
inspections and create reports using the 3-phase inspection checklists included within the DGS
Quality 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 discuss outstanding deficiencies, testing/inspections,
and upcoming Work. The monthly report shall include a detailed summary of the steps that
are being employed to provide quality construction and workmanship. The monthly report
should specifically address issues raised during the month and outline the steps that are being
used to address such issues. 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 r egularly, 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.

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4. Test & Inspections log recording all related activities for the month and
cumulative for the Project. This must correspond to and cross -reference
the Project’s testing & inspections schedule described above with Section
5.18.2.
5. Submittal Schedule detailing the status of all project submittals.
Section 5.19 Acceleration.

Subject to the terms of this Section, the 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 behi nd 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 p rovide 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 agre e 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 Departmen t, in its reasonable judgment, deems
necessary. Provided Department complies with the notice provisions of this Section, the cost
of any acceleration directed under this Section shall not justify an adjustment to the GMP or
the Substantial Completion Date.
Given the nature of the Project and the fact 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 relie d in entering into this
Agreement; and (ii) represents and warrants that it has included 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 fo rth 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

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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 info rmation; (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 DGS 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.
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, regulatio ns, 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 perfo rmance of the Agreement.

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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 Exhibit C are required during the Construction Phase.

Section 5.25 Close-Out Deliverables.

The deliverables set forth in Exhibit N are required during the Project’s Close -Out and prior
to Final Payment, as set forth in Section 10.12 and below:
a) A complete set of the Design-Builder’s Project files.
b) A complete set of product manuals (O&M), training videos,
warranties, etc.
c) As-built record drawings.
d) Attic stock and schedule.
e) Equipment schedule.
f) Proposed schedule of maintenance.
g) Environmental, health & safety documents.
h) LEED – Preliminary Construction Review.
i) All applicable inspection certificates/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 its representative with
express authority to bind the Department with respect to all matters requiring the Department’s
approval or authorization. Subject to the limitations on their authority specified in Exhibit I,
these representative(s) shall have the exclusive authority to make 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 decisio ns 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 Design-Builder’s Designated Representative.

The Design-Builder designates the individual(s) identified in Exhibit H as its representative
with express authority to bind the Design -Builder with respect to all matters requiring the
Design-Builder’s approval or authorization. In addition, the Department retains the right to
approve candidates to serve as on -site personne l in accordance with each candidate’s
experience with similar projects and local marketplace conditions. Once approved, individuals
cannot be changed without the Department’s prior app roval. During the entire term of the
Agreement, it is agreed that the Design -Builder’s designated representative will devote his or
her time exclusively to the Project, unless the Department consents to a reduction in time. All
services provided by the Design -Builder shall be performed in accordance with the highest
professional standards recognized and adhered to by design-builders that build first-class state-
of-the-art buildings and projects that are similar to the Project in large urban areas.

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

Section 7.1.1
The Department 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 nece ssary to compensate the Design-Builder
for:
• Profit;
• Home Office Overhead;
• Fringe Benefits associated with staff costs;
• Payroll taxes associated with staff costs;
• Staff costs associated with obtaining permits and approvals ;
during the Design & Preconstruction Phase;
• Out-of-house consultants;
• Travel, Living, and Relocation expenses;
• Job vehicles;
• Office equipment including but not limited to:
o Computer hardware and software;
o Fax machines; and
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, including
construction administration services provided during the construction phase, 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 perf ormed.
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.

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Section 7.2.2
Payments are due and payable in accordance with Article 10 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 Design-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 not be entitled to recover more than the amount set forth in the Project
Information Section of this Agreement for the Cost of General Conditions (such amount, the
“Lump Sum General Conditions Cost”). If, as a result of any Change Order(s) or Change
Directive(s): (i) the Project durations extends 30 days or more beyond the Substantial
Completion Date; and (ii) the Design -Builder can demonstrate to the satisfaction of the
Department that such additional Costs of General Conditions are reasonable and not due to any
fault of the Design -Builder, its Subcontractors, material men, consultants or anyone making
claims thereunder, the Design -Builder may request a Change Order to adjust the Lump Sum
General Conditions Cost. To the extent the Design-Builder incurs Costs of General Conditions
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, in writing, an increase
to the Lump Sum General Conditions Cost. Nonetheless, in such an event , if the Design -

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Builder exceeds the Lump Sum General Conditions Cost, the Design-Builder shall continue to
be required to adequately staff the Project.

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.

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 fif teen (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 -Builder to develop a GMP that meets the
programmatic requirements set forth in Exhibit A by the Client Agency and the Project Budget
as set forth herein ( i.e. designed to budget), to allow for Substantial Completion of the Work
to be achieved no later than the Substantial 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 Reserved

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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. T he 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 Materials.
Incorporated and unincorporated materials as permitted under Section 9.1.
Section 8.7.5
Direct Cost of the Work do es 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
Payments made by the Design-Builder to its design consultants and sub-consultants; provided,
however, that the Design-Builder shall not be reimbursed for the costs of design services and
construction administration 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;

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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 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 Desig n-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 Cost of General Conditions.
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:

a. Cost of construction staff;
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;

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e. Out-of-house consultants, including, but not limited to, permit expeditors,
safety managers, and schedulers;
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) voice/data system
installation 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;
o. Salting sidewalks and shoveling snow on sidewalks that surround the site ;
and.
p. Exterior site fencing, fence wrapping and construction signage.

Section 9.3 Costs Not to Be Reimbursed.

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

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Section 9.4 Discounts, Rebates, And Refunds.

Section 9.4.1
Cash discounts obtained on payments made by the Design -Builder shall accrue to the
Department if: (i) before making such payment(s), the Design-Builder included them in an
Application for Payment and received 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.
Section 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.
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 turnkey solution for the
implementation of the Project, and the Project Budget set herein has been developed based on
such a framework. The Design-Builder shall advance the Project in a manner consistent with
such budget and the understanding that only the commissioning cost element is excluded from
the Project Budget set forth herein.

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10 Article 10 - CONSTRUCTION PHASE PAYMENTS
Section 10.1 Progress Payments.

The Design -Builder shall be compensated in a series of progress payments and a Final
Payment, for Work completed in accordance with the Agreement, and for which proper
Applications for Payment have been submitted and approved. The amount of each progress
payment shall be as follows:
The Cost of Work completed to date
Plus Cost of Work for Pay Period x 60% Design-Build Fee
Current approved estimated
Cost of Work through Final Completion
Plus Any subset of the Design -Build 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 red uce the retainage relating to a particular trade Subcontractor, or the Cost of the
Work-related to a specific item of Self -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

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site, and suitably stored. Such requests shall be documented by appropriate invoices and bills
of sale. Payment for stored materials shall be conditioned also on the Design -Builder’s
representation that it has inspected the material and found it to be free from defect and
otherwise in conformity with this Agreemen t, and on satisfactory evidence that the materials
are insured under the builder’s risk policy. Further, if the Design -Builder requests the
Department to allow payments for storage of materials offsite, the Design -Builder shall be
required, inter alia, to agree to the execution of proper Project documentation to afford the
Department a secured interest in the materials upon payment.
Section 10.4 Design-Builder’s Certification.

Each Application for Payment shall be accompanied by the Design -Builder's signed
certification that:

Section 10.4.1.
All amounts paid to the Design -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.
Section 10.6 Lien Waivers.

Each Application for Payment shall be accompanied by written waivers of the right to file a
mechanic’s lien and all other claims, in a form 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.

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Section 10.7 Warranty of Title.

By submitting an Application for Payment, the Design-Builder warrants to the Department that
title to all Work for which payment is sought will pass to the Department, without liens, claims,
or other encumbrances, upon the receipt of payment by the Department. The Department may
require execution of appropriate Project documents to confirm passage of clear title. Passage
of title shall not operate to pass the risk of loss with respect to the Work in question. Risk of
loss remains with the Design-Builder until Substantial Completion, unless otherwise agreed by
the Department, in writing.

Section 10.8 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 subm itted 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 unab le 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 acceptabl e
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

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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
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 -Builder

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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 fi nal
accounting for the Cost of the Work has been submitted by the Design -Builder and reviewed
by the Department and, to the extent the Department determines appropriate, the Department’s
accountants. The Department shall make Final 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 to the Department by the Design-Builder.
Based upon Department’s determination of the Cost of the Work, and provided the other
conditions of Section 10.12.1 have been met, the Department will, within fifteen (15) days 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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11 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 financially
responsible companies authorized to do business in the District of Columbia or in the
jurisdiction where the work is to be performed and have an A.M. Best Company rating of A- /
VII or higher. Should the Contractor decide to engage a subcontractor for segments of the work
under this contract and wish to propose different insurance requirements than outlined below,
then, prior to commencement of work by the su bcontractor, 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 determ ine 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 Government of the District of Columbia shall be included in all policies required hereunder
to be maintained by the Contractor and its subcontractors (except for workers’ compensation
and professional liability insurance) as an additional insureds for claims against The
Government of the District of Columbia relating to this contract, with the 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 i ts
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 th e 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

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and/or the higher limits maintained by the Contractor and subcontractors.

B. INSURANCE REQUIREMENTS
1. Commercial General Liability Insurance (“CGL”) - The Contractor shall
provide evidence satisfactory to the CO 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 claim s 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 contractor 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 - The Contractor shall provide evidence
satisfactory to the CO of commercial (business) automobile liability insurance written on ISO
form CA 00 01 10 13 (or another form with coverage at least as broad and approved by the CO
in writing) including coverage for all owned, hired, borrowed and non -owned vehicles and
equipment used by the Contractor, with minimum per accident limits equal to the greater of (i)
the limits set forth in the Contractor’s commercial automobile liability policy or (ii) $1,000,000
per occurrence combined single limit for bodily injury and property damage.

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

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

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

4. Crime Insurance (3rd Party Indemnity) - The Contractor shall provide a Crime
policy including 3 rd party fidelity to cover the dishonest acts of Contractors, its employees
and/or volunteers which result in a loss to the District. The Government of the District of
Columbia shall be included as loss payee. The policy shall provide a limit of $15,000 per
occurrence.

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5. Cyber Liability Insurance - The Contractor shall provide evidence satisfactory
to the Contracting Officer of Cyber Liability Insurance, with limits not less than $2,000,000
per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond
to the duties and obligations as is undertaken by Contractor in this agreement and shall include,
but not limited to, claims involving infringement of intellectual property, including but not
limited to infringement of copyright, trademark, tr ade 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 b reach 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.

6. Environmental Liability/Contractors Pollution Liability Insurance - The
Contractor shall provide evidence satisfactory to the CO of environmental liability insurance
covering losses caused by pollution or other hazardous conditions arising from ongoing or
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 in vestigation, 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 for th 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 Contractor 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.

7. Employment Practices Liability - The Contractor shall provide evidence
satisfactory to the Contracting Officer with respect to the operations performed to cover the
defense of claims arising from employment related wrongful acts including but not limited to:
Discrimination, Sexual Harassment, Wrongful Termination, Workplace Torts, "Bullying" in
"any location" and "by any means," including the Internet , whether between employees of
contractor or against third parties. Employment Practices Liability coverage must specifically
state Third Party Liability coverage is included. Contractor will indemnify and defend the
District of Columbia should it be named co -defendant or be subject to or party of any claim.
Coverage shall also extend to Temporary Help Firms and Independent Contractors hired by
Contractor. The policy shall provide limits of not less than $1,000,000 for each wrongful act
and $2,000,000 annual aggregate for each wrongful act.

8. Installation-Floater 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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9. Professional Liability Insurance (Errors & Omissions) - The Contractor shall
provide Professional Liability Insurance (Errors and Omissions) to cover liability resulting
from any error or omission in the performance of professional services under this Contract. The
policy shall provide limits of $1,000,000 per claim or per occurrence for each wrongful act and
$2,000,000 annual aggregate. The Contractor warrants that any applicable retroactive date
precedes the date the Contractor first performed any professional services for the Government
of the District of Columbia and that continuous coverage will be maintained or an extended
reporting period will be exercised for a period of at least ten years after the completion of the
professional services. Limits may not be shared with other lines of coverage.

10. Sexual/Physical Abuse & Molestation - The 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.

11. Commercial Umbrella or Excess Liability - The Contractor shall provide
evidence satisfactory to the CO of commercial umbrella or excess liability insurance with
minimum limits equal to the greater of (i) the limits set forth in the Contractor’s umbrella or
excess liability policy or (ii) $ 15,000,000 per occurrence and $ 15,000,000 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 wi ll include
boiler and machinery / equipment breakdown, earthquake and flood perils. Building ordnance
and terrorism coverage will be included.
The deductible shall not exceed $25,000 except for earthquake, flood, windstorm, water
damage or other perils at the discretion of the District and as available in the insurance industry.
The project limit shall equal the 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.

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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 eq uipment. 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:

The Government of the District of Columbia
And emailed to the attention of:

Peter Henry Lyonga
Contracting Officer
Department of General Services
Contracts & Procurement Division
3924 Minnesota Avenue NE
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

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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 expira tion 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 th e 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 pric e. 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 Appro ved 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 -Builder 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 purchas es and administering its subcontracts and supply
agreements.
Section 13.2 Mandatory Subcontracting Requirements

Section 13.2.1
Unless the Director of the Department of Small and Local Business Development (DSLBD)
has approved a waiver in writing, in accordance with D.C. Official Code § 2 -218.51, for all
contracts in excess of $250,000, at least 35% of the dollar volume of the contract shall be
subcontracted to qualified small business enterprises (SBEs).
Section 13.2.2
If there are insufficient SBEs to 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.

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Section 13.2.5
A prime contractor that is a certified joint venture and has been granted a proposal preference
pursuant to D.C. Official Code § 2 -218.43, or is selected through a set -aside program, shall
perform at least 50% of the contracting effort with its own organization and resources and, if
it subcontracts, 35% of the subcontracting effort shall be with CBEs. A certified joint venture
prime contractor that performs less than 50% of the contracting effort shall be subject to
enforcement actions under D.C. Official Code § 2-218.63.
Section 13.2.6
Each CBE utilized to meet these subcontracting requirements shall perform at least 35% of its
contracting effort with its own organization and resources.
Section 13.3 Subcontracting 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 resulti ng 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 follow ing
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.

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Section 13.5.2
If the fully executed subcontract is not provided with the quarterly report, the prime
contractor will not receive credit toward its subcontracting requirements for that
subcontract.
Section 13.6 Annual Meetings
Upon at least 30 -days written notice provided by DSLBD, the Contractor shall meet
annually with the CO, CA, District of Columbia 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 cond ition
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”).

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Section 13.9.2
The Design-Builder shall enter into and maintain during the term of the Contract, a First Source
Employment Agreement (Employment Agreement) (Exhibit V) with the District of Columbia
Department of Employment Service’s (DOES), in which the Design -Builder shall agree that:
(a) The first source for finding employees to fill all jobs created in order to perform the Contract
shall be the First Source 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-Builder shall comply with subchapter X of Chapter II of Title 2, and
all successor acts thereto, including by not limited to the Workforce Intermediary
Establishment and Reform of First Source Amendment Act of 2011, and the rules and
regulations promulgated thereunder, including, but not limited to the following requirements:
a) At least twenty percent (20%) of journey worker hours by trade 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 percentage shall be applied in the aggregate, and not trade by trade.
Section 13.9.6
The Contractor’s hiring and reporting requirements under the First Source Act and any rules
promulgated thereunder shall continue for the term of the Contract.
Section 13.9.7
The CO may impose penalties, 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,

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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 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 Desi gn-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.

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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 Living Wage Act.
In addition to the requirements set forth in the First Source Employment Agreement, the
Design-Builder shall comply with all applicable provisions of the Living Wage Act of 2006,
Exhibit Q , as amended (codified at D.C. Official Code §§ 2 -220.01 et seq.) and its
implementing regulations.
Section 13.10.6 Apprenticeship Act.
The D.C. Apprenticeship Act of D.C. Law 2 -156, (as amended, the Act) may apply to these
Projects. As applicable, the Design-Builder firms and their subcontractors selected to perform
work on the Projects on a craft -by-craft basis may be required to comply with the Act. If
applicable, all terms and conditions of the D.C. Apprenticeship Council Rules and Regulations
shall be implemented, and the selec ted Design -Builder firms shall be liable for any
subcontractor non -compliance. Thirty-five percent (35%) of all apprentice hours 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 13.11.8 below, the Design-Builder shall comply with Title I of
the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16 -118, D.C.
Official Code §2-220.01 et seq.) (“Living Wage Act of 2006”), for contracts for services in the
amount of $100,000 or more in a 12-month period.
Section 13.11.2
The Design-Builder shall pay its employees and subcontractors who perform services under
the Contract no less than the current living wage.
Section 13.11.3
The Design-Builder shall include in any subcontract for $15,000 or more a provision requiring
the subcontractor to pay its employees who perform services under the Contract no less than
the current living wage rate.
Section 13.11.4
The DOES may adjust the living wage annually and Design-Builder will find the current living
wage rate on its website at www.does.dc.gov.
Section 13.11.5
The Design-Builder shall provide a copy of the Fact Sheet attached within Exhibit Q to each
employee and 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

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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 term s 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.

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

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13.12 SPECIAL PROVISIONS RELATED TO THE COVID-19 EMERGENCY
Section 13.12.1
The Contractor is required to comply with Mayor’s Order 2021 -099, COVID-19 Vaccination
Certification Requirement for District Government Employees, Contractors, Interns, and
Grantees, dated August 10, 2021, and all substantially similar vaccine requirements, including
any modifications to this Order, unless and until they are rescinded or superseded. At the
request of the District government, Contractors may be asked to provid e certification of
compliance with this requirement and/or documents and records in support of this certification.
Section 13.12.2

The Contractor is required to comply with City Administrator’s Order 2021-4, Resumption of
Requirement for All Persons to Wear a Mask Inside District Government Buildings and While
on Duty as a District Government Employee or Contractor, dated July 30, 202 1, and all
substantially similar mask requirements including any modifications to this Order, unless and
until they are rescinded or superseded.

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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, and 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.

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“End Products”, as used in this Section, means those articles, materials, and supplies to
be acquired for public use under this Contract.
The 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 15.3.1 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 p ercent of the cost of all its
components. “Component” means any article, material, or supply directly incorporated in
construction material.
Section 15.3.2 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 15.3.3 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-Builder agrees that the construction work performed under this Agreement shall
be subject to the Davis-Bacon Act (40 U.S.C. §§ 276a-276a-7). The wage rates applicable to
this Project are attached as Exhibit 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 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.

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Section 15.5 The Quick Payment Clause

Section 15.5.1 Interest Penalties to Contractors

Section 15.5.1.1

The District will pay interest penalties on amounts due to the Design-Builder under the Quick
Payment Act, D.C. Official Code §2-221.01 et seq., as amended, for the period beginning on
the day after the required payment date and ending on the date on which payment of the amount
is made. 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.

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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.

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, unl ess the
Contracting Officer:

a. Agrees with the Prime Contractor and, if applicable, the subcontractor on a price
for the additional work;

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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 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).

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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 prece dence 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 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.

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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 d elivered, on the day so delivered, if sent by telecopier, on confirmation of
successful transmission, and if sent by recognized overnight carrier, the next business day.

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

George Lewis, Associate Director Joseph Khoury
and Chief Procurement Officer Principal/EVP of Proconstruction
Department of General Services 1214 28th Street NW
2000 14th Street, NW, 4th Floor Washington, DC 20007
Washington, DC 20009

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 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

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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 prov isions 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 C ongress for such
purpose, and the Department’s legal liability for payments and other charges under this
Agreement shall not arise or obtain in advance of the lawful availability of 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 CONTRACT DOCUMENTS UNLESS SUCH AMOUNT HAS
BEEN APPROVED, IS LAWFULLY AVAILABLE , AND APPROPRIATED BY ACT
OF CONGRESS.

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Section 15.20.1

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 15.20.2

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 15.20.3

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.

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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 respec t to the performance of the
Agreement, the Department may, by written notice to the Design -Builder, terminate the right
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 15.26.1

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

a. to pursue the same remedies against the Design-Builder as it could pursue in the event
of a breach of the Agreement by the Design-Builder; and
b. as a penalty in addition to any other 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 15.26.2

No member of, nor delegate to Congress, Mayor or City Council Member, nor the Department
nor employee of the District or employee of the Department shall be admitted to any share or
part of the Agreement or to 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 v oid 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 15.27 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 involvement in the matter. The Design-Builder may request a waiver to permit the
assignment of such matters to former personnel on a case -by-case basis. The Design-Builder

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shall include in every subcontract a provision substantially similar to this section so that such
provisions shall be binding upon each Design-Builder or vendor.

Section 15.28 Non-Discrimination in Employment Provisions.

Section 15.28.1 District of Columbia Human Rights Act
a. The Design-Builder shall not discriminate in any manner against any employee or
applicant for employment that would 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, politic al
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-Builder 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 15.28.3.
5. The Design -Builder agrees to send to each labor union or representative of
workers with which it has a collective bargaining agreement, or other contract or
understanding, a notice to be provided by the Department, advising each labor union or
workers' representative of the Design-Builder’s commitments under this Section 15.28.1, and

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shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
6. The Design-Builder agrees to permit access by the Department to all books,
records and accounts pertaining to its employment practices for purposes of investigation to
ascertain compliance with this Section 15.28. 1, and to require under terms of any
Subcontractor agreement each Subcontractor to permit access of the Subcontractors, books,
records, and accounts for such purposes.
7. The Design-Builder shall include in every subcontract this Section 15.28.1 so
that such provisions shall be binding upon each subcontractor or vendor.
8. The Design-Builder shall take such action with respect to any subcontract as
the CO may direct as a means of enforcing these provisions, including sanctions for
noncompliance; provided, however, that in the event the Design-Builder becomes involved in,
or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by
the Department, the Design -Builder may request the District to enter into such litigation to
protect the interest of the District.

Section 15.28.2 Pregnant Workers Fairness

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

1. Refuse to make reasonable accommodations to the known limitations related to
pregnancy, childbirth, related medical conditions, or breastfeeding for an employee, unless the
Design-Builder can demonstrate that the accommodation would impose an undue hardship;
2. Take an adverse action against an employee who requests or uses a reasonable
accommodation in regard to the employee's conditions or privileges of employment, including
failing to reinstate the employee when the need for reasonable accommodations ceases to the
employee's original job or to an equivalent position with equivalent:
i. Pay;
ii. Accumulated seniority and retirement;
iii. Benefits; and
iv. Other applicable service credits;
3. Deny employment opportunities to an employee, or a job applicant, if the denial
is based on the need of the employer to make reasonable accommodations to the known
limitations related to pregnancy, childbirth, related medical conditions, or breastfeeding;
4. Require an employee affected by 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.

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

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employee's right to a needed reasonable accommodation related to pregnancy,
childbirth, related medical conditions, or breastfeeding pursuant to the PPWF Act
to:

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

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

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

Section 15.28.3 UNEMPLOYED ANTI-DISCRIMINATION

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

b. The Design-Builder shall not:

1. Fail or refuse to consider for employment, or fail or refuse to hire, an individual as an
employee because of the individual's status as unemployed; or
2. Publish, in print, on the Internet, or in any other medium, an advertisement or
announcement for any vacancy in a job for employment that includes:
i. Any provision stating or indicating that an individual's status as unemployed
disqualifies the individual for the job; or
ii. Any provision stating or indicating 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 15.29 ASSIGNMENT OF CONTRACT PAYMENTS

a. Subject to this Section 15.29, in accordance with Title 27 DCMR Section 3250, the
Design-Builder may assign due or to become due as a result of the performance of this Design-
Builder to a bank, trust company, or other financing institution funds.
b. Any assignment shall cover all unpaid amounts payable under this Agreement
and shall not be made to more than one party.
c. Notwithstanding an assignment of Contract payments, the Design -Builder, not the
assignee, is required to prepare invoices. Where such an assignment has been made, the
original copy of the invoice must refer to the assignment and must show that payment of the
invoice is to be made directly to the assignee as follows:

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

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Section 15.30 FREEDOM OF INFORMATION ACT (“FOIA”)

The District of Columbia Freedom of Information Act, at D.C. Official Code § 2 -532 (a-3),
requires the District to make available for inspection and copying any record produced or
collected pursuant to a District contract with a private contractor to perform a public function,
to the same extent as if the record were maintained by the agency on whose behalf the contract
is made. If the Design -Builder receives a request for such information, the Design -Builder
shall immediately send the request to the PM designated in Section 1.3 of this Agreement who
will provide the request to the FOIA Offic er 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 wil l 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 15.31 CAMPAIGN FINANCE REFORM ACT
Prior to the execution of this Contract, the Design-Builder shall complete and submit to the
Department a completed Campaign Finance Reform Act Self-Certification Form, Exhibit X,
pursuant to D.C. Official Code § 1-1161.01.
Section 15.32 NONPROFIT FAIR COMPENSATION ACT OF 2020, D.C. Code
§ 2-222.01 et seq.
Section 15.32.1
Nonprofit organizations, as defined in the Act, shall include in their rates the indirect costs
incurred in provision of goods or performance of services under this contract pursuant to the
nonprofit organization's unexpired Negotiated Indirect Cost Rate A greement (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 15.32.2;
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 Unifor m
Guidance, and certified in writing by the certified public accountant.
Section 15.32.2
If this contract is funded by a federal agency, indirect costs shall be consistent with the
requirements for pass-through entities in 2 C.F.R. § 200.331, or any successor regulations.

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Section 15.32.3
The Contractor shall pay its subcontractors which are nonprofit organizations the same
indirect cost rates as the nonprofit organization subcontractors would have received as a
prime.
Section 15.33 Equal Employment Opportunity (“EEO”)

The Design-Builder shall submit an EEO policy form substantially in the form of Exhibit P.

Section 15.34 DGS Close Out Manual

Deliverables shall include those outlined in Exhibit T.

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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 Design-Builder’s
trade subcontracts upon such terms and conditions as requested by the Department. The
Department’s decision to terminate under this Section shall be made in the Department ’s sole
and absolute judgment and shall not be subject to review by any reviewing body, including,
but not limited to, arbitrators appointed under this Agreement or any court of competent
jurisdiction.
Section 16.3 Termination for Default.
The Department may terminate the Agreement for default if the Design-Builder fails to 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.

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Section 16.3.1
The Department shall provide the Design-Builder with written notice of its intent to terminate
the Agreement, under this Section.
Section 16.3.2
If the Department terminates the Agreement for default, the Department will have the right to
take over the Work, to accept assignment of some or all Subcontracts or agreements with
material suppliers, to take possession of the Project, to take and use all tools, equipment and
supplies then being used in connection with the Work, and to finish the Project by whatever
method it deems expedient, 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 for 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 De partment
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

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Department wishes to proceed or has already directed the Design -Builder to
proceed, the Design-Builder shall immediately proceed with the changed Work
and, the Department and the Design -Builder shall use their good faith best
efforts to reach an agreement upon the modifications to the Substantial or Final
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 O rder 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 adjustme nts, 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 Detailed Change Request.

Within twenty (20) days after giving notice of a Change Event, the Design-Builder shall submit
a written Change Request to the Department describing, in reasonable detail, all adjustments it
seeks to the Substantial or Final Completion Dates or the Guarant eed 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 that Section 18.3.

Section 18.6 Changes to GMP.

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

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

2. The Design-Builder encounters differing site conditions or 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 Substantial or Final Completion Dates to an earlier date)
when changes are effected, by Change Directive or otherwise, which will dec rease 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 me an 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 Directiv e 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 Cost of General Conditions, 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.

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

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

3. Direct Cost of the Work shall include, but not be limited to: (Direct Cost of the
Work does not, however, include home office 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
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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. Incorporated and unincorporated materials as permitted
under Section 9.1.
Peter Henry Lyonga
Contracting Officer
6/18/2024